City of Upland, CA Article III Restrictions on Use of Community Sewer System—Nondomestic Wastewater Permit Program

§ 13.32.120 Abbreviations.

The following abbreviations when used in this chapter shall have these designated meanings:

BMR	Baseline monitoring reports
BOD	Biochemical oxygen demand
CBMWD	Chino Basin Municipal Water District
CFR	Code of Federal Regulations
COD	Chemical oxygen demand
CRWQCB	California Regional Water Quality Control Board
CWA	Clean Water Act
DEHS	Department of Environmental Health Services
EPA	U.S. Environmental Protection Agency
gpd	Gallons per day
IU	Industrial user
mg/l	Milligrams per liter
NPDES	National Pollutant Discharge Elimination System
POTW	Publicly owned treatment works
RCRA	Resource Conservation and Recovery Act
SDWA	Safe Drinking Water Act
SIC	Standard Industrial Classification
SWRCB	State Water Resources Control Board
TDS	Total dissolved solids
TSS	Total suspended solids

(Prior code § 5860.1)

§ 13.32.130 Definitions.

Unless a provision explicitly states otherwise, the following terms and phrases shall have the meanings hereafter designated.

"Accessible water surface"

means the water surface area of an interceptor or clarifier that is easily accessible for cleaning and at the same time will retain oils and greases floating on the water effluent passing through the device.

"Act" or "the Act"

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

"Baseline monitoring report" or "BMR"

means that report which is required of every industrial user subject to a categorical pretreatment standard.

"Biochemical oxygen demand" or "BOD"

means the measure of biodegradable organic material in wastewater as determined by an appropriate testing procedure as set forth in 40 CFR Part 136; or 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 in mg/l.

"Bypass"

means the intentional diversion of wastestreams from any portion of a pretreatment process, monitoring facility or treatment facility.

"Categorical pretreatment standards"

means the National Categorical Pretreatment Standards as established by the Environmental Protection Agency (EPA) for different types of industrial users (40 CFR Parts 401-471).

"Chemical oxygen demand" or "COD"

means the measure of chemically oxidizable organic material (mg/1) in wastewater as determined by an appropriate testing procedure as set forth in 40 CFR Part 136.

"CBMWD regional contract"

means the agreement amending and supplementing the Chino Basin Regional Sewage service contract dated April 12, 1984, as adopted and approved by the city council on March 19, 1984, between the city of Upland and Chino Basin Municipal Water District to provide for the acquisition, construction, improvement, and expansion of a regional sewer system, for the transmission, treatment, and disposal of sewage from each of the public sewering agencies in its service area.

"City"

means the city of Upland, San Bernardino County, California.

"Community sewer system"

means any sewer maintained by the city. The term as used herein includes all physical facilities of the wastewater collection system but does not include storm drains or channels for conveyance of natural surface waters.

"Compliance schedule"

means a city wastewater cleanup timetable required of all nondomestic users who are in violation of the city's nondomestic wastewater permit program.

"Composite samples"

means a series of grab samples collected, either manually or with automatic samplers, at equal intervals and combined proportional to flow; a sample continuously collected proportionally to flow; or equal volumes taken at varying time intervals by trained personnel following accepted sampling procedures and protocol.

"Constituent"

means any chemical element, compound, or mixture that is either suspended or dissolved in the wastewater steam.

"Conventional pollutant"

means a combination of biochemical oxygen demand, suspended solids, pH, oil and grease plus additional pollutants that are removed to a substantial degree by a treatment plant.

"Discharge" or "indirect discharge"

means the introduction of pollutants into a POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act. Discharge includes either the discharge of a single pollutant or the discharge of multiple pollutants.

"Discharger"

means any person who discharges or causes a discharge of wastewater directly or indirectly to a community sewer system.

"Domestic wastewater"

means any waterborne wastes, derived from the ordinary living processes of humans free from industrial waste, and of such character as to permit satisfactory disposal without special treatment by conventional wastewater treatment plant processes.

"Effluent"

means the liquid outflow from any facility entering either a private or public sewer system and/or a wastewater treatment plant.

"Environmental Protection Agency" or "EPA"

means the United States Environmental Protection Agency.

"Excessive"

means any concentration or quantity of material or substance that will create a hazard to operation or maintenance personnel, cause physical damage to sewerage facilities, inhibit or adversely affect the chemical/ biological sewage treatment processes or causes or threatens to cause the city to violate regional, state or federal standards.

"Existing source"

means any building, structure, facility or installation from which there was a discharge of pollutant prior to the publication of proposed pretreatment standards under Section 307(c) of the Act which are applicable to such source.

"Flow weight"

means a mathematical method by which chemical concentrations and volumes of different wastewater streams can be compared and evaluated.

"Grab samples"

means samples collected, either manually or with automatic samplers taken from a wastestream without regard to flow, over a period of time not exceeding 15 minutes.

"Grease"

means and includes waxes, fats, oils and other nonvolatile materials as determined by appropriate test procedures set forth in 40 CFR Part 136.

"Hazardous substance"

means but is not limited to those substances listed in 40 CFR Part 300.6 (1988), including any designated substance pursuant to CWA Section 311(b)(2)(A); any element, compound, mixture, solution or substance designated pursuant to Section 102 of CERCLA; any hazardous waste having the characteristics identified or listed pursuant to Section 3001 of the Solid Waste Disposal Act (but not to include any waste the regulation of which has been suspended by act of Congress); any toxic pollutant listed under CWA Section 307(a).

"Hazardous waste"

means any wastes that exhibit one or more of the following characteristics: ignitability, corrosivity, reactivity and toxicity, as defined in 40 CFR Parts 261.31 through 261.33.

"Industrial user" or "IU"

means a nondomestic source of indirect discharge of pollutants into the community sewer system regulated under Section 307(b), (c) or (d) of the Act.

"Industrial wastewater"

means waste or substance discharged, flowing or allowed to escape from any producing, manufacturing, processing, institutional, governmental, or agricultural operation or from the development, recovery or processing of any material resource. Industrial wastewater includes but is not limited to waste and/or wastewater resulting from equipment maintenance and cleaning, product coating, coloring, painting, plating, treating, degreasing or cleaning, heating and cooling system and water treatment devices. Industrial wastewater does not include domestic wastewater and unpolluted water as defined herein. Any wastewater that is hauled by truck, rail or other means and discharged into the public sewer, shall be considered industrial wastewater, regardless of source. For purposes of this chapter, industrial wastewater is synonymous to nondomestic wastewater.

"Industrial wastewater representative" or "authorized representative"

means an owner, manager, or duly appointed employee of a business that is knowledgeable of the business's wastewater generation and discharge, and has been appointed by the business as a spokesman to answer questions and supply any information concerning wastewater generation and discharge from the business as requested by the public works director.

"Interference"

means an inhibition or disruption of the POTW treatment works, its treatment processes or operations, or its sludge processes, use or disposal; which is a cause of, or significantly contributes to:

1. A violation of any requirement of the existing NPDES permit (including an increase in the magnitude or duration of a violation);

2. The prevention of sewage sludge use or disposal of the POTW in accordance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): CWA Section 405, SDWA, Clean Air Act, and the Toxic Substances Control Act.

"Local limits" or "local discharge limitations"

means pollutant limitations set by the city by evaluating the ability of its treatment system to receive and adequately treat nondomestic wastes regardless of category or subcategory.

"May"

means something is permissive.

"Monitoring facility"

shall be any structure approved by the public works director used for housing wastewater monitoring equipment and/or providing a convenient access point for monitoring the quality and quantity of wastewater discharges.

"National Categorical Pretreatment Standard," "pretreatment standard" or "standard"

means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with CWA Section 307(b), (c) or (d) and 40 CFR Chapter I, Subchapter N (Parts 401 to 471) which establishes prohibitions or limitations on the discharge of pollutants from specific categories of industrial users.

"National Pollutant Discharge Elimination System" or "NPDES"

means the National Wastewater Program with a discharge permit issued by a California Regional Water Quality Control Board (CRWQCB) in conjunction with and pursuant to CWA Section 402 (33 U.S.C. 1342).

"New source"

means any building, structure, facility or installation from which there may be a discharge of pollutants commencing after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to that source.

"Nondomestic wastewater"

means the wastewater arising from or associated with a nondomestic operation, including, but not limited to, the following: production or refining of petroleum; production, processing, packing or canning of fruits, vegetables, meat, or beverages; laundering of clothes in public laundries; public self service laundries; hospitals; restaurants; vehicle service facilities, wash racks, and garages; production of fertilizer, keeping of livestock or poultry, and operation of dairies; production of refuse; production and processing of plastic; cleaning of tanks, tank cars, or barrels; plating or processing metals; photographic processing and film developing; processing or reclamation of refuse; and the washing of equipment or spaces used in nondomestic operations and any other similar manufacturing, processing and servicing operations. Nondomestic wastewater shall not include the following: Wastewaters from the operation of hotels, schools, single or multiple residences, and other establishments determined by the public works director as not constituting a nondomestic discharge.

"Parameter"

means a measurable condition that can vary depending on the chemical loadings and concentrations and physical conditions of the wastewater stream.

"Pass-through"

means the discharge of pollutants through the POTW in quantities or concentrations which are a cause of, or significantly contribute to, a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation). An industrial user significantly contributes to such permit violation where it:

1. Discharges a daily pollutant loading in excess of that allowed by permit or contract with the city or by federal, state, or local law;

2. Discharges wastewater which substantially differs in nature and constituents from the user's average discharge;

3. Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a permit violation; or

4. Knows or has reason to know that the POTW is, for any reason, violating any of the final effluent limitations in its permit and that such industrial user's discharge, either alone or in conjunction with discharges from other sources, increases the magnitude or duration of the POTW's violation.

"Person"

means any individual, partnership, co-partnership, firm, company, association, society, corporation, joint stock company, trust, estate, governmental entity or any other legal entity, or other legal representatives, agents or assigns and includes plural as well as the singular.

"Point source"

means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft from which pollutants are or may be discharged. This shall mean any point where domestic and nondomestic wastewater enters into the community sewer system.

"Pollutant"

means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into the water.

"Pollution"

means an alteration to the quality of the waters of the state by waste to a degree which unreasonably affects: (1) such waters for beneficial uses, or (2) facilities which serve such beneficial uses. Pollution may include contamination.

"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 discharging or otherwise introducing such pollutants into the community sewer system. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by Section 403.6(d) of the Act. Appropriate pretreatment technology includes control equipment, such as, but not limited to, equalization tanks or facilities for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with Section 403.6(e) of the Act.

"Pretreatment requirements"

means any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard, imposed on an industrial user.

"Pretreatment standards"

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

"Publicly owned treatment works" or "POTW treatment plant" or "POTW"

means a treatment plant designed to provide treatment of wastewater. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveniences owned by the city. This term also means the municipality, as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. POTW also means all sewerage facilities used for collecting, conveying, pumping, treating and disposing of sewage, whether these facilities are operated and maintained by the city or CBMWD.

"Public works director," "director," "city engineer" or "engineer"

means the public works director for the city, or his authorized and/or designated representative.

"Radioactive material"

means material containing chemical elements that spontaneously change their atomic structure by emitting any particles, rays, or energy forms.

"Sewage"

means the wastewater of the community derived from residential, agricultural, commercial, or industrial sources, including domestic sewage and industrial wastewater, together with such surface water, groundwater and stormwater as may be present.

"Sewer"

means sanitary sewer mains, including appurtenances such as manholes and cleanouts, but does not include residential commercial, and industrial laterals and connections to the community sewer system.

"Sewer connection," "sewer lateral"

means a privately maintained sewer line, including the connection, wye or tee within the public street or right-of-way connecting any parcel, lot or part of a lot to a main line sewer.

"Sewerage facilities"

means any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater.

"Shall"

means something is mandatory.

"Significant industrial user (SIU)"

means, except as otherwise provided in this definition:

1. Any discharger subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I Subchapter N;

2. Any IU that discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) to the POTW;

3. Any IU that contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the regional sewage treatment plant; or

4. Any IU that is designated as such by the public works director as defined in 40 CFR 403.12(a) on the basis that the IU has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8(f)(6).

Upon finding that an IU meeting the criteria in subsections 1, 2 and 3 of this definition, has no reasonable potential for adversely affecting the POTW's operations or violating any pretreatment standard or requirement, the public works director may at any time, on his or her own initiative or in response to a petition received from the user or the POTW, and in accordance with 40 CFR 403.8(f)(f), determine that such user is not an SIU.

"Significant noncompliance" or "SNC"

means a violation meeting one or more of the following criteria:

1. Chronic violations of wastewater discharge limits in which 60 percent or more of all measurements taken during a 12-month period exceed, by any magnitude, the daily maximum limit or the average limit for the same parameter;

2. Technical Review Criteria (TRC) violations in which 33 percent or more of all the measurements for each pollutant parameter taken during a 12-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC value (TRC = 1.4 for BOD, TSS, Oil and Grease; and TRC = 1.2 for all other pollutants except pH);

3. Any other violation of a pretreatment effluent limit that has caused, alone or in combination with other discharges, an upset, interference or pass through at the regional sewage treatment plant;

4. Any discharge of a pollutant that has caused endangerment to human health or the environment, or that has resulted in the city or CBMWD exercising its emergency authority under 40 CFR 403 (f)(1)(vi)(B) to halt or prevent such a discharge;

5. Missing a compliance schedule milestone by more than 90 days;

6. Failure to provide within 30 days after the due date required reports such as baseline monitoring reports, self monitoring reports and any other compliance reports.

7. Any other violation or group of violations which adversely affects the operation or implementation of the city's pretreatment program.

"Sludge" or "wastes"

means the nonliquid carried wastes normally considered to be suitable for disposal with refuse at sanitary landfill refuse disposal sites.

"Slug loads"

means any pollutant, including an oxygen demanding pollutant (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.

"Standard industrial classification" or "SIC"

means a system of classifying a business based on the type of activity as identified in the Standard Industrial Classification Manual, 1987, Office of Management and Budget, as amended.

"Standard methods"

means test methods in the current edition of "Standard Methods for the Examination of Water and Wastewater," as published by the American Public Health Association. It also means analytical methods listed as an approved test procedure under 40 CFR PART 136; including sampling and analytical techniques specified in an applicable categorical pretreatment standard and any analytical procedure approved by EPA.

"Total dissolved solids" or "TDS"

means the solid matter which is dissolved in the water or wastewater as determined by an appropriate procedure as set forth in 40 CFR Part 136.

"Total suspended solids" or "TSS"

means the solid matter which is suspended in water or wastewater as determined by an appropriate procedure as set forth in 40 CFR Part 136.

"Total toxic organics" or "TTO"

means the summation of all quantifiable values greater than 0.01 mg/l of the toxic organic compounds found in an IU's process discharge. Each industry category with TTO requirements lists specific toxic organic compounds that are to be included in the summation to define TTO for that category.

"Toxic pollutant" or "EPA priority pollutants"

means those materials, substances and/or compounds listed in Section 307(a)(1) of the Act, which are regulated by the pretreatment program through categorical pretreatment standards.

"Unpolluted water"

means water to which no pollutant has been added either intentionally or accidentally.

"Upset"

means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the IU. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance, or careless or improper operation.

"User(s)"

means any person who discharges or causes to be discharged any wastewater directly or indirectly to the public sewer and shall also mean an owner or occupant whether private, governmental or otherwise of a unit, building, premises or lot in the city.

"Waste"

means any material for which no use or reuse is intended and which is to be discarded or any recyclable material.

"Wastewater"

means waste and/or water, whether treated or untreated, being discharged into or permitted to enter the community sewer system.

(Prior code § 5860.2)

§ 13.32.140 General restrictions and prohibitions on the use of community sewers.

A. General Restrictions.

1. Except as hereinafter provided, it is unlawful for any person to discharge or cause to be discharged into the community sewer system or any opening leading to a community sewer of the city any substance, in quantities or volume, which will, in the opinion of the public works director, obstruct the flow of sewage in the sewer, which will cause clogging of or adversely affect a sewage pump or sewage sludge pump or community sewer system, or which will in any way interfere with the normal operation of the sewage treatment plant. Any excessive sewer or sewerage maintenance expenses or any other expenses attributable thereto shall be paid by the responsible discharger or sewer user.

2. In addition, the following substances are also subject to restrictions under this section:

a. Rainwater or Unpolluted Water. Any rainwater, stormwater, groundwater, street drainage, subsurface drainage, roof drainage, yard drainage, water from fountains, ponds, lawn sprays, swimming pools, wading pools, spas, or any other type of surface water or unpolluted water.

Discharges from swimming pools, wading pools or therapy pools may be authorized by the public works director between midnight and 6:00 a.m. under a permit. If a permit is granted for such discharges into the public sewer, the discharger shall provide for restricted flow and pay any applicable fees.

b. Hauled Wastes. Any overflow from any septic tank or cesspool, or any hauled waste, septage or sludge pumped from a cesspool or septic tank.

Discharge of chemical toilet wastes from mobile recreation units shall be permitted only at locations and in such manner as may be prescribed by a permit issued by the public works director, in accordance with Section 13.32.180 of this chapter.

c. Any garbage that is not ground sufficiently to pass through a three-eighths inch screen.

B. Prohibited Discharges to the Community Sewers.

1. General Prohibitions.

a. No user shall discharge or cause to be discharged into the public sewer any pollutant or wastewater which causes pass through or interference.

b. These general prohibitions apply to all users of the community sewers whether or not they are subject to categorical pretreatment standards or any other national, state or local pretreatment standard or requirement.

2. Specific Prohibitions. Except as hereinafter provided and allowed under subsection C of this section, or as expressly allowed in a nondomestic wastewater discharge permit, it is unlawful for any person to discharge directly or indirectly to the community sewer system any of the following pollutants, substances or wastewater:

a. Any solid or semisolid substances of such size or in such quantities that may cause obstruction to flow in the sewer or be detrimental to the POTW operation. These prohibited substances include earth, sand, rocks, mud, ashes, gravel, plaster, concrete, asphalt, tar, plastics, wood, broken glass, straw, rags, shavings, metal filings, metal or other solid or semisolid materials;

b. Any recognizable portions of the human or animal anatomy, dead animals, offal, underground garbage, feathers, whole blood, paunch manure, bones, hair and fleshings, entrails, paper dishes, paper cups, milk containers, or other paper products, either whole or ground by garbage grinders, or any other solid or viscous substances;

c. Any water or waste containing toxic or poisonous solids, liquids, or gases in such quantities that alone or in combination with other waste substances would result in toxic gases, vapors and fumes within the POTW in a quantity that may cause acute worker health and safety problems, pose a hazard for humans, animals or the local environment or interfere detrimentally with sewage treatment processes;

d. Any water or waste having corrosive or detrimental characteristic that could cause injury to sewage treatment or maintenance personnel or damage to structures, equipment or other physical facilities of the POTW or community sewer system; any discharge with a pH of 5.0 or lower or a pH of 12.5 or higher, or causes the pH of the city's discharge to the CBMWD interceptor to be below 7 or above 9;

e. Any organic and/or inorganic element, mixture, or compound that is considered a "hazardous substance," or "hazardous waste" as defined by 40 CFR 300.6, 40 CFR 261.3 or under Title 22, California Code of Regulations;

f. Any pesticides, herbicides, algaecide or fertilizers which cause an interference, an upset or a pass through at the regional sewage treatment plant;

g. Any waste containing substances that may precipitate, solidify, or become viscous at temperatures between 40 degrees Fahrenheit and 100 degrees Fahrenheit, which will cause obstruction to the flow in the POTW resulting in interference. Any waste which precipitates on sewer walls or causes excessive incrustations or scaling;

h. Any compound, such as mercaptans, etc., which will produce noxious odor in the sewer or POTW. Any strongly odorous waste or waste tending to create odors;

i. Any gasoline, benzene, naphtha, fuel oil, or any other volatile liquid or substance which can produce a toxic atmosphere or create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees centigrade using the test methods specified in 40 CFR Part 261.21;

j. Any amount of petroleum oil, nonbiodegradable cutting oil, emulsified oil or products of mineral oil origin which form persistent water emulsions or in amounts that will cause interference or pass through are prohibited by 40 CFR;

k. Any excessive amounts of chlorinated hydrocarbons;

l. Any pollutant, 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;

m. Any wastewater having a heat content 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 POTW treatment plant to exceed 40 degrees Celsius or 104 degrees Fahrenheit, per 40 CFR 403.5 (b)(5);

n. Any discharge to the POTW that can result in toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and/or safety problems, or to prevent entry into the sewers for maintenance purposes;

o. Any discharge of trucked or hauled pollutants except at discharge points designated by the POTW;

p. Any initial drainage from a vehicle radiator;

q. Any infectious waste except where prior written approval for such discharges is given by the public works director;

r. Any industrial waste which does not comply with applicable categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 as required by Sections 307(b) and (c) of the Act and any applicable regulations thereunder including 40 CFR part 403;

s. Any substance which alone, or in combination with other substances causes the POTW to be in noncompliance with its NPDES permit, sludge use or disposal criteria, guidelines or regulations in connection with Section 405 of the Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or other federal or state criteria applicable to the method of sludge management;

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

u. It is unlawful for any person to discharge or cause to be discharged any radioactive waste into the public sewer except:

i. When the person is authorized to use radioactive materials by the State Department of Health Services or other governmental agency empowered to regulate the use of radioactive materials, and

ii. When the radioactive waste is discharged in strict conformity with current California Radiation Control Regulations as set forth in Title 17 of the California Code of Regulations, and

iii. When the person is in compliance with all rules and regulations of all other applicable regulatory agencies, and

iv. When a nondomestic wastewater discharge permit has been obtained from the city;

v. It is unlawful for any person to discharge any wastewater directly into a manhole, clean-out or other opening in a sewer other than through an approved sewer connection.

C. Local Discharge Limits. Except when other limits are established in the user's nondomestic wastewater discharge permit, or where more restrictive limits are imposed by federal categorical pretreatment standards, it is unlawful for any IU to discharge or cause to be discharged into the community sewer system any waste which exceeds the local limits at any time as established below:

Constituent	Concentration	Units
Antimony, Sb	0.006	mg/l, daily maximum
Beryllium, Be	0.004	mg/l, daily maximum
Biochemical oxygen demand *	300	mg/l, monthly average
Bis(2-ethylhexyl) phthalate	0.021	mg/l, daily maximum
Boron, B	0.71	mg/l, daily maximum
Cadmium, Cd	0.0055	mg/l, daily maximum
Chloride	116	mg/l, daily maximum
Chlorpyriphos	Prohibited
Copper, Cu	0.235	mg/l, daily maximum
Cyanide (available)	0.007
Diazinon	Prohibited
Dissolved sulfide	0.5	mg/l, daily maximum
Fluoride	2.0	mg/l, daily maximum
Fluoride	0.9	mg/l, 12-month average
Hardness, total	197	mg/l, 12-month average
Iron, Fe	28.5	mg/l, daily maximum
Lindane	Prohibited
Mercury, Hg	0.0021	mg/l, daily maximum
Nickel, Ni	0.083	mg/l, daily maximum
Oil and grease, total	100	mg/l, daily maximum
pH	6.0 – 9.0	ph units
Selenium, Se	0.016	mg/l, daily maximum
Suspended solids, TSS *	356	mg/l, monthly average
Total dissolved solids, TDS	500	mg/l, 12-month average
Thallium, Tl	0.002	mg/l, daily maximum
Zinc, Zn	0.36	mg/l, daily maximum

*	Wastewater discharges with BOD and TSS levels over 300 mg/l shall be subject to surcharge on their sewer user fees as calculated under Section 13.32.080(C).

For categorical industrial users (CIUs) and significant industrial users (SIUs) whose wastewater characteristics include pollutants of concern (POCs) to the regional treatment plants, the following numerical limitations (local limits) apply:

Constituent	Concentration	Units
Cadmium, Cd	2.8	mg/l, daily maximum
Chromium, Cr	60	mg/l, daily maximum
Copper, Cu	45	mg/l, daily maximum
Cyanide (available)	1.2	mg/l, daily maximum
Lead, Pb	14	mg/l, daily maximum
Nickel, Ni	45	mg/l, daily maximum
Total dissolved solids, TDS	800/550 *	mg/l, 12-month average
Zinc, Zn	50	mg/l, daily maximum
pH	5.0 – 12.5	pH units

*	Existing SIU/New SIU

2. The above limits apply at the point where the wastewater is discharged to the community sewers. All concentrations for metallic substances are for total metals unless indicated otherwise. Wastewater discharged by categorical industrial users shall be subject to the applicable federal standards or the local limits established by this section, whichever are more stringent, in accordance with 40 CFR Part 403. In no case shall a CIU or an SIU be authorized to exceed these limits per 40 CFR Part 4003.

3. The above noted local limits may be modified by resolution of the city council from time to time as limitations or requirements of local, regional, state and/or federal agencies change.

4. The public works director may specify a mass emission rate for any pollutant in the IU's nondomestic wastewater discharge permit, in addition to or in place of the concentration based limitations above. Any emission rate shall be based on the local discharge limit or federal categorical pretreatment standard, whichever is more stringent, and the user's average daily wastewater discharge. The average daily wastewater discharge shall be based on the previous 12 months of operation or other representative data. The public works director may revise the emission rates at any time based on the user's current or anticipated operating data, and the city's ability to comply with the CBMWD regional contract and the requirements of any other regulatory agency.

5. The public works director may specify an electrical conductivity limit of 1280 umhos/cm in lieu of the above listed TDS limit if there is reason to believe that there may be significant interference with the analytical procedure to determine TDS.

D. Dilution Prohibition. No user shall 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 public works director 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.

E. Bypass Prohibition.

1. Bypass is prohibited unless:

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

b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated waste, 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 preventative maintenance; and

c. The discharger submitted notices as required under Section 13.32.270(D) of this chapter.

2. If a discharger knows in advance of the need for a bypass, prior notice shall be submitted to the public works director, if possible at least 10 days prior to the date of the anticipated bypass.

3. In case of an unanticipated bypass that causes or may cause a violation of the nondomestic wastewater discharge permit or any applicable pretreatment standard, the discharger shall notify the public works director and CBMWD pursuant to Section 13.32.270(D).

(Prior code § 5860.3; Ord. 1803 § 2, 2006)

§ 13.32.150 Special restrictions—Transportation servicing facilities, clarifiers, sand and oil interceptors.

A. Any facility maintained for the servicing or repair of vehicles licensed by the Department of Motor Vehicles, aircraft, construction equipment, industrial transportation or power equipment shall install and maintain a clarifier or sand and oil interceptor. Wastewaters from toilets shall not be allowed to pass through this interceptor, but all wastewaters arising from the servicing and repair of vehicles/aircraft shall pass through this interceptor before discharge to a community sewer of the city. If the vehicle/aircraft servicing facility does not include facilities for the washing of more than one vehicle/aircraft at a time, the interceptor shall have an operation fluid capacity of not less than six cubic feet and an accessible effective water surface not less than four square feet. If the vehicle/ aircraft servicing facility has facilities for washing or cleaning more than one vehicle/aircraft at a time, the interceptor shall have an operating fluid capacity of at least 12 cubic feet and an accessible effective water surface of at least six feet, and shall be proportionately as much larger than this as is necessary so that a seven-day accumulation of sand and oil together will not fill more than 25 percent of the fluid capacity. The interceptor shall be designed so as to retain any oil which will float and any sand which will settle. It shall be watertight, structurally sound and durable and easily accessible for cleaning. The city shall retain the right to periodically inspect the interceptor for proper operation.

B. Any interceptor legally and properly installed at a vehicle/aircraft servicing facility before the effective date of the ordinance codified in this chapter shall be acceptable as an alternative to the interceptor specified hereinabove, provided such interceptor is effective in removing sand and oil and is so designed and installed that it can be inspected and properly maintained. If the city finds, either by engineering determination or by observation, that an interceptor is incapable of retaining adequately the sand and oil in the wastewater flow from a vehicle/ aircraft servicing facility, it shall declare that the interceptor does not meet the requirements of this section, and require an adequate size interceptor to be installed.

C. The cover for sand and oil interceptors that is installed for vehicle washing shall be one-half-inch steel plate with the cover for the first compartment being an open-type grate made of two and one-half inches by three-eighths inches on center, or other approved material. The interceptor shall be installed in such a manner as to preclude draining of stormwater or surface runoff from areas outside the area intended to be served.

D. Installation and design of any facilities pursuant to this section shall not impute any liability to the city for the adequacy of the facility under actual conditions of use, nor relieve the owner or proprietor of this responsibility.

E. The sand and oil interceptor of a vehicle or aircraft servicing facility shall be properly maintained. It shall be cleaned as often as is necessary to assure that sand and oil do not accumulate to impair the efficiency of the interceptor. When an interceptor is cleaned, the accumulated sediment and floating material shall be removed and legally disposed of other than to a community sewer. An interceptor is not considered to be properly maintained if for any reason it is not in good working condition. It is not considered to be properly maintained if sand and oil accumulations total more than 25 percent of the operating fluid capacity. The owner of any vehicle/aircraft servicing facility, the lessee and the sub-lessee, if there be such, and any proprietor, operator or superintendent of such a facility, are individually and severally liable for any failure of proper maintenance of such interceptor.

F. Abandoned sand and oil interceptors shall be pumped and filled as required for abandoned septic tanks in Section 1119 of the Uniform Plumbing Code.

(Prior code § 5860.4)

§ 13.32.160 Special restrictions—Grease interceptors.

A. Any type of business such as, but not limited to, restaurants, bakeries, donut shops, drive-in eating establishments, ice cream or milk stations or drive-ins, hospitals, hotels, markets, etc., where any grease or other objectionable materials may be discharged into a public or private sewage main or disposal system shall have a grease and oil interceptor. All existing, businesses, as noted above, shall, after notification of waste that would require an interceptor, install a grease and oil interceptor within 180 days. Failure to comply with this section shall result in revocation of the nondomestic wastewater permit.

B. Any newly built industrial or commercial building shall be exterior plumbed to allow for the addition of a grease and oil interceptor at a later date should the building be adapted for uses listed in subsection A of this section.

C. Interceptors shall be constructed in accordance with the design approved by the chief building official.

D. Each grease and oil interceptor shall be so installed and connected that it shall be at all times easily accessible for inspection, cleaning and removal of the intercepted grease. Such an interceptor shall not be installed in any part of a building where food is handled. Proper location of the grease and oil interceptor shall meet the approval of the chief building official.

E. Each business establishment for which a grease and oil interceptor is required shall have an interceptor which shall serve only that business establishment.

F. Buildings remodeled for a use requiring an interceptor shall be subject to the regulations contained in this section of the code.

G. Waste discharge from fixtures and equipment in the establishments listed in subsection A of this section, which may contain grease or other objectionable materials, including, but not limited to, scullery sinks, pot and pan sinks, dishwashers, food disposals, soup kettles, etc., and floor drains located in areas where such objectionable materials may exist, shall be drained into the community sewer system through the interceptor.

H. Interceptors shall be maintained in efficient operating condition by periodic removal of the accumulated grease. No such collected grease shall be introduced into any drainage piping or public or private sewer system.

I. The cover for grease interceptors shall be one-half-inch steel plate reinforced as required by the chief building official, such reinforcing to depend upon the load to be imposed on the plate. The cover shall be watertight.

J. Interceptors shall be installed in such a manner that precludes draining from areas outside the area intended to be served.

K. At such time city work crews are called upon to clean a sewer line due to excessive accumulation of grease, the business establishment causing or contributing to the grease problem shall be fined $250.00 for each occurrence. In instances where the cleaning takes more than two hours, the business establishment shall be billed additional costs based on time and materials in excess of the two hours.

L. Abandoned grease interceptors shall be pumped and filled as required for abandoned septic tanks in Section 1119 of the Uniform Plumbing Code.

(Prior code § 5860.5)

§ 13.32.170 Special restrictions—Water conditioning wastes.

It is unlawful for any person to install, replace or enlarge any self-regenerating water softening apparatus or unit which discharges into the city's community sewer that is contributory to the Inland Empire Utilities Agency's regional sewer system. This restriction shall not apply to any portable exchange water softening unit of the type which is regenerated off-site at a lawfully regulated location.

(Prior code § 5860.6; Ord. 1863 § 2, 2012)

§ 13.32.180 Special restrictions—Hauled wastewater, sewage dump station permits.

A. Only chemical toilets from mobile recreation units may be discharged in a city-approved sewage dump station. Hauled wastes from cesspools, septic tanks or wastes generated from any industrial activity are prohibited. The owner or operator of a sewage dump station shall obtain a sewage dump station permit and keep a list of each user of the dump station and the date and time of each use. The owner or operator of a sewage dump station shall be liable for any condition resulting from the illegal discharge of waste or wastewater into the dump station.

B. The owner or operator of a sewage dump station may also be required by the public works director to install and maintain monitoring facilities, and any other devices to control the illegal discharge of waste into the public sewer, and to conduct frequent sampling and testing of the discharged wastes to verify that such wastes are in compliance with all local limits.

C. Nothing in this section shall be construed as to conflict with the requirements or enforcement rights set forth in the Health and Safety Code Sections 25000 through 25010, or other existing laws, rules and regulations adopted by the state or the city.

(Prior code § 5860.7)

§ 13.32.190 Special restrictions—Nondomestic wastewaters.

A. It is unlawful for any person to discharge nondomestic wastewater into the community sewer system without obtaining a nondomestic wastewater discharge permit from the city. The public works director may issue a permit to discharge nondomestic wastewater to the community sewer, as determined from information completed on the nondomestic wastewater use questionnaire, subject to the terms and conditions under Section 13.32.200.

B. An existing user who is discharging nondomestic wastewater to the community sewer without a nondomestic wastewater discharge permit shall apply for a permit within 10 working days from the date of notification of the permit requirement.

C. No statement contained in this section shall be construed as preventing the public works director from issuing a nondomestic wastewater discharge permit allowing a nondomestic waste of unusual strength or character or issuing a permit allowing mass-based limitations on a case-by-case basis provided that the discharge does not violate local, state or federal pretreatment regulations and the user pays all extra costs incurred by the city connected with collecting, treating and administering such discharge. If sewerage capacity is not available, the city may restrict discharge until sufficient capacity can be made available. The city may refuse immediate service to a new facility where its proposed quantity or quality of wastewater is unacceptable in the available treatment facility.

D. Separation of Domestic and Nondomestic Wastewaters. Domestic wastewater from bathroom, showers, drinking fountains etc., shall be kept separate from all nondomestic wastewater until the nondomestic wastewater has passed through any required pretreatment and monitoring facilities.

(Prior code § 5860.8)

§ 13.32.200 Nondomestic wastewater discharge permit.

A. The public works director shall be responsible for implementing the applicable pretreatment standard, either federal or local limits, whichever one is more stringent at the time. The public works director shall enforce the standards on industrial users and nondomestic wastewater dischargers through individual permits.

B. Each industrial user or nondomestic wastewater discharger shall complete and submit a nondomestic wastewater survey questionnaire and permit application for review by the public works director. The survey and application data shall include the following information:

1. User's name, address and telephone number;

2. Standard Industrial Classification (SIC) number;

3. Products and production rates, or services rendered;

4. Number of employees, business hours;

5. Flow rate, time and duration of discharge;

6. Wastewater constituents and characteristics;

7. Site plans, floor plans, mechanical and plumbing plans and details to show all sewer laterals, sumps, cleanouts, floor drains and all tanks including their sizes, locations and contents;

8. Pretreatment system design and specifications including flow diagrams, alarms, backup system and operation and maintenance program;

9. Description of activities, facilities, plant processes, and any substance which is or could be discharged to the community sewer;

10. A list of any liquids, sludges, oils, solvents, or other chemicals or wastes, including quantities, storage facilities and methods of disposal;

11. Certification and signature of an authorized representative of the owner of the business or facility that the owner will accept responsibility for complying with the provisions of this section; and

12. Any other information as may be required by the public works director.

C. Each user discharge point to the community sewer system that carries any nondomestic sewage shall be required to be permitted and shall be considered a separate nondomestic discharge point source. More than one point source may be included in a single permit.

D. If the applicant or user complies with the requirements of this section, and if the public sewer has adequate capacity for the volume of the wastewater to be discharged, the public works director may issue a nondomestic wastewater discharge permit subject to terms and conditions provided herein:

1. A nondomestic wastewater use questionnaire has been completely and correctly filled out and signed by the user representative, the owner or corporate officer;

2. The quality of the wastewater to be discharged to the community sewer system conforms to the requirements of this chapter and the most current pretreatment standards and/or local limits, whichever is the most restrictive;

3. A compliance time schedule has been approved by the public works director (if required) and is on file with the public works department;

4. The community sewer system has adequate capacity for the volume of wastewater to be discharged;

5. Any required pretreatment system must be approved by the public works director and be demonstrated by the user to adequately achieve existing local limits or pretreatment standards, whichever is the more strict, as well as have the capability to handle, or can be easily modified to handle, future requirements;

6. A city approved industrial wastewater monitoring vault, manhole, or other approved monitoring facility has been constructed, or shall be constructed, and has been included in the compliance time schedule.

E. The nondomestic wastewater discharge permit shall state the following:

1. The dates of issuance and expiration;

2. The identification, SIC number, and location of the discharger;

3. The nature of the operation, the amount of flow, and constituents that are found in the wastewater;

4. Any controls which the public works director finds necessary to ensure that the community sewer system may serve its intended purpose. These controls will include all applicable federal pretreatment standards and requirements and local limits;

5. The points of discharge to the community sewer system.

F. Permit Duration. A nondomestic wastewater discharge permit shall be issued for a specified time period not to exceed five years. Under special circumstances, the public works director at his or her option may extend the permit duration for an additional time period not to exceed one year. The user shall apply for renewal not later than 60 days prior to the expiration date of the permit. After submitting an application for renewal, the permit shall automatically be extended until the public works director makes a determination on the application for renewal.

G. Permit Conditions. A nondomestic wastewater discharge permit shall be expressly subject to all provisions of this section of the code, and all other regulations, user charges and fees established by the city. If any provision of the permit, or the application of any provision of the permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of the permit shall not be affected thereby. The nondomestic wastewater permit may include any of the following conditions:

1. Requirements for self-monitoring, including frequency and method of wastewater sampling and analysis;

2. Requirements to submit monitoring reports, technical reports, production data and/or waste manifests;

3. Compliance schedule to install monitoring, or pretreatment devices or facilities;

4. Prohibitions, discharge limits and/or mass emission rates;

5. Limits on rate and time of discharge or requirements for flow regulation and equalization; and

6. Other provisions and conditions to ensure compliance with this section and any other mandated federal, state or local requirements and to protect the community sewer system.

H. Change of Permit Conditions. The public works director may modify the terms and conditions of a nondomestic wastewater discharge permit during the life of the permit.

1. The discharger shall submit to the public works director, within a reasonable time, any documents or records maintained by the discharger and requested by the director to determine whether cause exists for rescinding, modifying, revoking or reissuing the permit; or to determine compliance with the permit requirements.

2. The director shall inform the discharger of any proposed changes or new conditions in the permit and shall include a reasonable period of time for compliance.

3. The user shall have the right to file with the director a written request to reduce monitoring and/or reporting requirements or to have other permit conditions modified or changed. Any request by the user to modify the discharge permit shall be processed, if approved by the director, after payment of applicable fees and charges.

I. Nontransferability, Permit Revocation and Re-application.

1. Under no circumstance shall a wastewater permit be assigned, transferred or sold to a new user, different premises, or a new, changed, or revised business operation.

2. If a user's nondomestic wastewater permit has been revoked, and if that user chooses to again discharge to the community sewer system, the user's industrial representative must apply for a new nondomestic wastewater permit. Prior to the issuance of the new permit, the industrial wastewater representative must demonstrate or prove to the public works director's satisfaction that either a safety backup system(s) and/or precautionary measures have been incorporated into their business process to eliminate similar conditions in the future which caused the revocation of the original permit.

3. Within one month after a user has received the replacement permit, after having his or her permit cancelled, the user shall submit to the public works director a 24-hour flow weighted composite analysis of the wastewater being discharged to the community sewer system for all constituents and parameters requested by the public works director.

(Prior code § 5860.9)

§ 13.32.210 Pretreatment facilities.

A wastewater pretreatment facility or device may be required to restrict or prevent the discharge to the community sewers of certain wastewater constituents, or to accomplish any pretreatment result required by the public works director.

A. A pretreatment facility which requires engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed in the state of California. The user shall submit to the public works director detailed plans showing the pretreatment facilities and operating procedures for review. The review and approval of such plans and operating procedures by the public works director will not relieve the user from the responsibility of modifying the facility as may be necessary to comply with the provisions of this chapter.

B. All nondomestic dischargers that use a pretreatment system are required to establish and maintain a daily operation and maintenance log for their pretreatment system; and it shall contain at a minimum the following information:

1. The date and times of routine maintenance and calibration of the system;

2. A description of all maintenance and calibration work being done on the system;

3. The date and time of any major repair and/or down time on the system;

4. The emergency or backup system or program instituted while the pretreatment system was out of operation;

5. The estimated daily operational efficiency of the pretreatment system;

6. The name of the supervisor responsible for the pretreatment system and any maintenance men working on the system.

C. If any person wishes to make alterations of pretreatment facilities or alterations of connections to the sewer, or if such person wishes to discharge additional wastewater in excess of the amounts which have been approved or wastewater of a different nature, type, or substance not consistent with the original permit, he or she shall submit to the public works director a letter requesting approval of such an alteration along with an updated nondomestic wastewater use questionnaire and permit application.

D. Grease, oil, and sand interceptors shall be provided when, in the opinion of the public works director, they are necessary for the proper handling of wastewater containing excessive amounts of grease, oil or sand; except that interceptors shall not be required for residential or domestic users. All interceptors shall conform with the requirements of Section 13.32.150 or 13.32.160 of this chapter.

(Prior code § 5860.10)

§ 13.32.220 Monitoring facilities.

Each industrial user shall install and maintain a monitoring facility for each point source to the community sewer system. The monitoring facility and its location are subject to the approval by the public works director.

A. When more than one user can discharge into a common private sewer, the public works director may require installation of a separate monitoring facility for each user. Also, when in the judgment of the public works director there is significant difference in wastewater constituents and characteristics produced by different operations of a single user, the public works director may require that a separate monitoring facility be installed for each segregated wastestream.

B. When required by the public works director, the design plans for any required monitoring facility shall be prepared by an engineer registered in the state of California and reviewed and approved by the public works director. The approval of the design of any facility, or any recommendation made by the public works director, shall not relieve the user from the responsibility of meeting the requirements of this chapter and shall not impute any liability to the city for the adequacy of such facility under the actual conditions of use.

C. If explosive or flammable substances are stored on-site and such substances have the potential of entering the community sewer, the user may be required to install, operate and maintain a combustible gas monitoring system and facilities to divert the entire wastewater flow to a holding tank when the combustible gas level is 20 percent or more of the lower explosive limit (LEL). These facilities will be provided and maintained at the owner's cost and expense. Detailed plans for gas monitoring and diversion, including operating procedures, shall be submitted to the public works director for review.

D. A user may be required to install, at his or her own expense, at the monitoring facility or other appropriate location flow meters, continuous pH and/or EC recorders or other monitoring devices.

E. Construction of any monitoring facility or device shall be completed within the time period established in a compliance schedule.

F. Unrestricted access to the monitoring facility shall be available at all times to authorized personnel of the city at all times.

(Prior code § 5860.11)

§ 13.32.230 Secondary spill containment requirements.

A. Upon written notification from the public works director, an IU shall provide secondary spill containment for stored chemicals or other substances which are prohibited or regulated by this chapter and which have the potential of entering the community sewer system. The IU so notified shall submit to the director detailed secondary spill containment plans, including facility's location, dimensions, type and volume of material or waste stored. Review and approval of the containment plans and the operating procedures shall not relieve the IU from the responsibility of modifying the facility as necessary to meet the requirements of this chapter or other local, state or federal requirements.

B. The containment system shall be designed as follows:

1. The base shall be free of cracks or gaps and shall be sufficiently impervious to contain leaks, spills or precipitation until the collected material is detected and removed;

2. The base shall be sloped or the containment system shall be designed and operated to drain and remove liquids resulting from leaks, spills or precipitation away from the containers, unless the containers are elevated or are protected from contact with accumulated liquids and precipitation;

3. The containment system shall have sufficient capacity to contain precipitation from at least a 24-hour, 25-year storm plus 10 percent of the aggregate volume of all the containers or the volume of the largest container whichever is greater. Containers that are not used to store chemicals in a liquid form need not be considered in this determination;

4. Storm runoff from adjacent areas shall be prevented from flowing into the containment system;

5. Spilled or leaked waste and accumulated precipitation shall be removed from the sump or collection areas in as timely a manner as is necessary to prevent overflow of the collection system. Unless otherwise approved by the public works director, all chemicals or waste discharged within the collection area shall be disposed of appropriately and not discharged to the community sewers or the ground;

6. The IU shall submit to the public works director a written statement signed by a professional civil engineer registered in California, indicating that the containment system is suitably designed to achieve the requirements of this subsection;

7. Construction shall be completed within the time period established in the compliance schedule.

(Prior code § 5860.12)

§ 13.32.240 Waste minimization requirements.

It is the responsibility of each IU to implement a program of waste minimization to reduce the generation of hazardous wastes through the development and submission of a business plan in accordance with local, state and federal regulations. The first revision of the business plan for any facility subject to the city's and/or the county DEHS hazardous materials inventory and response program shall include a program for compliance with this chapter including the requirement to reduce hazardous waste to the maximum extent practicable.

(Prior code § 5860.13)

§ 13.32.250 Waivers, special agreements.

A. If any discharge to a community sewer contains, or may contain, constituents which will cause it to fail to conform to any of the requirements set forth hereinbefore, but the public works director finds that:

1. The discharge does not exceed applicable federal pretreatment standards and requirements or local limits;

2. The discharge will not cause harm to the sewage system nor unreasonably or inequitably burden the operation of the system; and

3. When considered together with similar excesses in discharges of others limited by this section will not materially affect the ability of the city to meet the requirements of the Chino Basin Regional Sewage Service Contract;

The director may grant approval for discharge to the community sewer with waiver for modification of the requirements which could not be met.

B. The letter of approval shall include a statement regarding the requirement that is waived along with reasons as to why the waiver is issued. A copy of this letter shall be filed with the city clerk. Any waiver granted pursuant to this section shall be subject to withdrawal at any time the public works director makes a subsequent finding that the city's community sewer system is unreasonably burdened or that the ability of the city to meet Regional Water Quality Control Board requirements is materially affected.

C. Waivers will not be considered for applicable federal pretreatment standards and requirements.

(Prior code § 5860.14)

§ 13.32.260 Permit fees and service charges.

A. Each holder of a nondomestic wastewater permit shall pay service charges in accordance with this section to cover in full all costs associated with the issuance of the permit, including the ongoing monitoring for compliance required pursuant to this code. The payment of the service charges shall be on a quarterly basis in amounts determined by the public works director as follows using the following formula:

SC = 1/4 PA + (NI*CI) + (NS*CS) + CL

in which:

S_C is the quarterly (three-month) service charge

P_A is the annual permit cost

N_I is the number of site inspections during the preceding quarter

C_I is the average cost of a site inspection

N_S is the number of samples taken during the preceding quarter

C_S is the average cost of sampling, including handling and chain of custody procedures during the preceding quarter

C_L is the total of all laboratory billings for sampling analyses during the preceding quarter.

B. The following amounts are determined to be the appropriate amounts of use in the above listed formula:

1. Categorical Industries. Covered by federal pretreatment standards which include electroplaters, metal finishers, printed circuit board manufacturers, fruit-vegetable-meat processors and canneries, and other similar industries that have metal-bearing waste streams and high concentrations of mineral salts and nonconventional pollutants, as well as potentially toxic or hazardous substances in their discharges:

P_A = $470.00 per permit

C_I = $ 90.00 per site inspection

C_S = $122.00 per sample taken

C_L = the actual amounts charged by the laboratory(or laboratories) used for the analysis

2. Significant Noncategorical Industries. Those which discharge volumes of 25,000 gallons per day or more, have the potential of discharging pollutants that may obstruct flow (oil and grease), cause corrosion (acidic waste streams), or pose health hazards (medical and medicinal wastes) to workers in the sewer lines or at the treatment plant. These may include hospitals, restaurants, public laundries, vehicle servicing facilities, wash racks and garages, chemical toilet dump stations and other similar processing or servicing operations:

P_A = $470.00 per permit

C_I = $ 90.00 per site inspection

C_S = $122.00 per sample taken

C_L = the actual amounts charged by the laboratory (or laboratories) used for the analysis

3. Minor Users. Includes noncategorical industries discharging less than 25,000 gallons per day and pollutant characteristics and concentrations of lesser concern. This may include smaller food service establishments, automotive service shops, photo labs and finishers, and other minor dischargers:

P_A = $130.00 per permit

C_I = $ 90.00 per site inspection

C_S = $122.00 per sample taken

C_L = the actual amounts charged by the laboratory (or laboratories) used for the analysis

4. Others. Includes businesses with no known industrial discharges to the community sewers but have listed hazardous materials and substances on site which can cause serious problems if disposed of either unintentionally, accidentally or otherwise into any drain or sewer line inlet:

P_A = $100.00 per permit

C_I = $50.00 per site inspection

(Since these businesses are not discharging nondomestic waste, there is no need for a sample and hence no charge.)

C. Costs for inspections and samples taken prior to the issuance of the permit shall be recovered along with the first quarter billing.

D. Any IU who has violated or continues to violate this chapter, the nondomestic wastewater discharge permit, an order issued hereunder, or any prohibition, limitation or requirement contained herein shall pay noncompliance fees to the city, as established in Section 13.32.520(B) of this chapter, to recover all costs incurred by the city in performing inspections, sampling and analysis of the IU's wastewater, and administrative costs associated with processing notices of violations, and conducting enforcement actions.

E. Failure to pay in full the permit service charge within 30 calendar days of the date the statement of charges has been sent will be considered cause for revocation of the permit and/or any other remedy for correcting said nonpayment available to the city under the laws of the state of California.

(Prior code § 5860.15)

§ 13.32.270 Reporting requirements for industrial users.

A. Baseline Monitoring Reports, Categorical Industries.

1. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later, existing categorical IUs currently discharging to, or scheduled to discharge to, the community sewer system shall be required to submit to the public works director a baseline monitoring report that indicates whether the IU meets the standards of 40 CFR 403.12(b). The BMR contains at a minimum, the information required in 40 CFR 403.12(b)(1—7) including the following:

a. Identifying Information. The IU's name and address of the facility including the name of the operator and owners;

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

c. Description of Operations. A brief description of the nature, average rate of production, and SIC of the operation(s) carried out by the IU, such description to include a schematic process diagram which indicates points of discharge to the community sewer system from the regulated processes;

d. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the community sewer system from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula. The public works director may allow for verifiable estimates of the above flows where justified by cost or feasibility considerations;

e. The pretreatment standards applicable to each regulated process;

f. Measurement of Pollutants. The results of sampling and analyses identifying the nature and concentration (or mass if required) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration shall be reported. The sample shall be representative of daily operations, and shall be analyzed in accordance with standard methods and procedures;

g. Certification. A statement, reviewed by an authorized representative and certified to 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 for the IU to meet the pretreatment standards and requirements;

h. Compliance Schedules. If additional pretreatment and/or O and M will be required to meet the pretreatment standards, the IU will provide a compliance schedule in conformance with subsection I of this section.

2. At least 90 days prior to commencement of discharge, new sources and sources that become categorical IU's subsequent to the promulgation of an applicable categorical standard shall submit to the public works director a report which contains information listed in 40 CFR 403.12(b)(15) and subsection (A)(1) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged, 40 CFR 403.12(b) (4,5).

3. The BMR shall be certified in accordance with the requirements of 40 CFR 403.12(1) and 40 CFR 403.6(a)(2)(ii) and signed by the authorized representative.

B. Reports of Compliance with Categorical Pretreatment Standard Deadlines, Periodic Compliance Reports, Categorical IU's.

1. 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 community sewers or POTW, any IU subject to such pretreatment standards and requirements shall submit to the public works director a report containing the information described in subsections (A)(4), (5), (6) and (7) of this section and 40 CFR 403.12(b)(4—6). This report shall indicate the nature and concentrations of all limited pollutants in the IU's regulated discharges and the average and maximum daily flow for these discharges. The report must also indicate whether pretreatment standards are being met consistently, 40 CFR 403.12(d), and shall include the following information:

a. A reasonable estimate of the user's long-term production rate if the user is subject to equivalent mass or concentration limits established by the public works director in accordance with the procedures in 40 CFR 402.6(c); or

b. The IU's actual production during the appropriate sampling period, if the user is subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production or other measure of operation.

2. All dischargers subject to categorical pretreatment standards shall be required to submit to the public works director twice per year, in June and December, a report indicating the following:

a. The IU's name, address, telephone number, city wastewater permit number, and categorical classification;

b. A wastewater quality and quantity listing of all wastewater monitoring during the previous six-month period;

c. The identification of each of the monitoring as to the method of collection (24-hour time composite, 24-hour flow weighted composite, or a grab sample) and a statement as to whether the monitoring was city required or self monitoring, and if it was scheduled or unscheduled;

d. A statement of validity of the report signed by the authorized industrial representative.

3. If a user subject to the reporting requirements of this subsection monitors any pollutant more frequently than required, the results of such monitoring shall be included in the report required under subsection (B)(2) of this section.

C. Report of Compliance, Start-Up Wastewater Analysis, New Sources. A report of compliance shall be required of all new source users of the community sewer system prior to issuance of the city's nondomestic wastewater permit or an amended nondomestic wastewater permit. The letter of compliance must be approved by the public works director before it is considered valid and shall include at least the following:

1. Results of start-up wastewater monitoring and analysis on the wastewater discharges leaving the user's facility that comply with the city's monitoring requirements established in this chapter.

2. All start-up monitoring shall be required to analyze, but not be limited to, the following parameters and constituents; biochemical oxygen demand (BOD); chemical oxygen demand (COD); total suspended solids (TSS); total dissolved solids (TDS); total organic carbon (TOC) phenols; total oils and grease; pH; sodium; chloride; sulfate; boron; total and organic nitrogen; copper; total and hexavalent chromium; cadmium; lead; nickel; zinc; amenable and nonamenable cyanide; iron; mercury; total daily flow (gallons per day); peak flow (gallons per day) and its times; and a concurrent water meter reading with the water flow monitoring.

3. The results of the analysis must be submitted to the public works director no later than 30 days from the date of initial discharge to the community sewer system and if a wastewater violation is identified from the start-up monitoring, the discharger shall be notified by the public works director and the user must immediately cease and desist from permit violation(s).

4. The letter of compliance must be signed by the owner, president, or chairman of the board of the nondomestic discharger.

D. Reporting and Immediate Notification of Spills, Slug Loadings and Accidental Discharges, Potential Problem Discharges.

1. In the event of any spills, accidental discharge, discharges of nonroutine, episodic nature, a noncustomary batch discharge, an unintentional by-pass, an upset or a slug loading that may cause potential problems for the POTW, the discharger shall immediately telephone and notify the city and CBMWD:

City of Upland:

Public works department..................[phone]

(Mon-Fri, 7:00 am - 5:00 pm)

Fire department..........................[phone]

(All other hours)

Chino Basin Municipal Water District:

Industrial Waste Division................[phone]

(Mon-Fri, 8:00 am - 5:00 pm)

Operations, RP-1.........................[phone]

(All hours)

2. The notification shall include time, location, type, concentration and volume of the discharge and the corrective actions which have been taken. In no event shall the availability of the public works director or the CBMWD relieve the discharger from the time limitations for notification established in this chapter. No statement in this section shall be construed as relieving the discharger from the notification requirements of other federal, state or local regulations.

3. The user shall ensure that all employees in a position to cause or allow uncontrolled discharge to occur are advised of this notification procedure. A legible, understandable and conspicuously placed notice shall be permanently posted on the user's bulletin board or other prominent place advising employees of the notification procedure.

4. As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or waste entering the community sewer, such person shall take all necessary steps to ensure the discovery and containment and clean up of such releases and shall immediately notify the city at the phone numbers indicated in subsection (D)(1) of this section.

5. Within five working days following a spill an accidental discharge, an unintentional bypass, an upset or a slug loading, the discharger shall submit to the public works director, a written report describing in detail the type, volume and cause of the discharge, corrective actions taken and measures to be taken to prevent future occurrences.

6. Such notification shall not relieve the discharger of any fines or civil penalties incurred as a result of such event, or any other liability which may be imposed by this chapter or other applicable laws.

E. Slug Discharge Control, Accidental Spill Prevention Plans. At least once every two years, the public works director shall evaluate whether each permitted significant IU needs a plan or needs to update existing plans to control slug discharges as defined under 40 CFR 403.5(b). Upon written notification from the public works director, the IU shall submit a slug control or accidental spill prevention plan that shall contain at a minimum the following elements:

1. Description of discharge practices, including nonroutine batch discharges;

2. Description of stored chemicals;

3. Procedures for promptly notifying the public works director and CBMWD of slug discharges, including any discharge that would violate a specific prohibition under 40 CFR 403.5(b) with procedures for followup written notification within five days;

4. If necessary, procedures to prevent adverse impact from accidental spills, including 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;

5. If necessary, follow-up practices to limit the damage suffered by the treatment plant or the environment.

F. Reporting and Notification of Hazardous Wastes Discharges.

1. IUs shall notify the public works director, CBMWD, the EPA Regional Waste Management Division Director, and 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.

2. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other).

3. If the IU discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the IU: 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.

4. Any notification under this subsection need be submitted only once for each hazardous waste discharged.

5. IUs are exempt from the above requirements during a calendar month in which they discharge no 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), require a one-time notification. Subsequent months during which the IU discharges additional quantities of such hazardous waste do not require additional notification.

6. In the case of new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the IU must notify the public works director, CBMWD, the EPA Regional Waste Management Division director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

7. In the case of any notification made under this subsection, the IU shall certify that it has a program in place to reduce the volume and/or toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

8. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 403.12(b),(d),(e).

9. The provisions of this subsection do not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a nondomestic wastewater permit issued hereunder or any applicable state or federal law.

G. Notice and Reporting of Changed Discharge. The discharger shall notify the public works director a minimum of 30 days prior to any planned changes in the permit conditions as related to flow rate and chemical composition of the wastewater, on-site plumbing or pretreatment procedures and/or facilities. Upon such notification the public works director may require that a new application be filed and new permit obtained before any waste discharge involving the changed characteristics takes place.

H. Notice and Reporting Of Discontinued Discharge.

1. The IU shall notify the public works director at least 10 days prior to discontinuing its nondomestic wastewater discharge for more than 30 days unless the IU can demonstrate to the director that it could not have known of the discontinued discharge.

2. Within 30 days of discontinued discharge, the user shall remove the contents of all on-site sewers, sumps, floor drains, wastewater storage tanks, and/or pretreatment facilities in accordance with all applicable regulations. The contents shall not be discharged to the public sewer without prior written approval from the public works director.

3. If the IU fails to clean up and remove the contents of the on-site facilities listed in subsection (H)(2) of this section to the satisfaction of the director, such activities and the costs thereof shall also become the responsibility of the owner of the building and/or land.

4. Failure of the user or the owner to promptly and satisfactorily clean up and remove the contents of all on-site sewers, sumps, floor drains, wastewater storage tanks and/or pretreatment facilities shall subject the user and the owner of the building and/or land to any enforcement action authorized in this chapter.

I. Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by subsection (A)(1)(h) of this section:

1. The IU shall submit a compliance schedule, which shall contain progress increments in the form of dates for commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet applicable pretreatment standards. The completion date in this schedule shall not be later than the compliance date established for any applicable pretreatment standard. No such increment in the compliance schedule shall exceed nine months in accordance with 40 CFR 403.12 (c).

2. If the construction of a monitoring facility, secondary spill containment, or a pretreatment facility is required to meet the city's pretreatment requirements or to correct a recurring violation of a local discharge limitation, the user shall submit a compliance schedule. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the design, construction and operation of the facility and other corrective measure such as in-plant or onsite wastewater studies to identify and correct a wastewater discharge violation.

3. Each increment in the compliance schedule is subject to review and approval by the public works director. No such increment shall exceed nine months.

4. Not later than 14 days following each date in the schedule and the final date for compliance, the IU shall submit a progress report to the director including, at a minimum, whether or not the user complied with the increment of progress to be met on such date and if not, the date on which the user expects to comply with this increment of progress, the reason for the delay and the steps taken by the user to meet the established schedule. In no event shall more than nine months elapse between such progress reports to the director.

5. Modifications or changes to a compliance time schedule may be granted by the public works director upon written request providing the new compliance dates are not in violation with the current pretreatment standards for the type of discharger in question.

6. Regardless of a valid permit or compliance time schedule, all dischargers in violation with the current local limits shall be required to pay their flow-weighted portion of any California Regional Water Quality Control Board (CRWQCB) fines assessed directly or indirectly to the city for any constituent loadings in violation with the current local limit and shall be subject to all cost and payment for damages incurred to the community sewer system and/or treatment plant.

J. Total Toxics Organics (TTO) Monitoring Certification.

1. In lieu of requiring monitoring for all toxic organics, the public works director may allow a user who is required to monitor for these constituents to make the following certification statement:

Based on my inquiry of the person or persons directly responsible for managing compliance with the permit limitation and pretreatment standard for total toxic organics (TTO), I certify that, to the best of my knowledge and belief, no discharge of toxic organics into the public sewer has occurred since filing of the last annual statement of certification. I further certify that this facility is implementing the Toxic Organic Management Plan (TOMP) submitted to the public works director.

2. The TOMP shall specify to the satisfaction of the public works director the toxic organic compounds used on-site, the method of their disposal, and the measures taken to ensure that those compounds do not spill, leak or in any other way enter into the community sewer.

3. The certification and updated TOMP shall be submitted by the IU with the first monitoring report of each year.

4. The IU requesting the certification alternative shall monitor only for those toxic organic compounds which would reasonably be expected to be discharged to the community sewer.

K. Reports and Records Keeping. All IUs subject to the reporting requirements of this chapter shall retain and keep copies of all information resulting from any monitoring activities, e.g., wastewater reports, surveys, permits, monitoring, wastewater correspondence, violation notices, and chain-of-custody logs. Upon request, this information must be made available for review and/or copying by any government agency. This record shall remain available for a period of at least three years. This period shall be automatically extended for the duration for any litigation concerning the IU or the city, or when the IU has been specifically notified of a longer records retention period by the public works director.

(Prior code § 5860.16)

§ 13.32.280 Compliance monitoring, sampling and inspection.

A. Right of Entry. The public works director shall have the right to enter, randomly and unannounced, onto the premises of each nondomestic discharger for the purpose of wastewater monitoring at each point source, the review and copying of wastewater monitoring data, records, logs, reports, and plant inspections to determine whether the user is complying with all the requirements of this chapter and the nondomestic wastewater discharge permit. The IU shall allow the director access to all parts of the premises for the performance of the compliance determination.

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

2. The public works director shall have the right to set up on the IU's property, or require installation of such devices necessary to conduct sampling and/or metering of the user's operations.

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

4. Unreasonable delays in allowing the public works director access to the IU's premises shall be a violation of this chapter.

5. Search Warrants. If the public works director 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 overall public health, safety and welfare of the community, the public works director may seek issuance of a search warrant from the county superior court.

B. All nondomestic discharge point sources to the community sewer system shall be required to be periodically monitored as set by permit. The monitoring program shall include the constituents and parameters that shall be analyzed from each discharge point.

C. The point for compliance determination with the provisions of this chapter shall be at each discharge point source to the community sewer system or at such other upstream point on the private lateral or sewer connection of each user as mutually agreed upon by the discharger's representative and the public works director.

D. Sampling and Analysis Procedures.

1. Periodic measurements of flow rates, flow volumes and wastewater characteristics for compliance with any limitations or requirements specified in the nondomestic wastewater discharge permit or this chapter shall be done by the IU using appropriate procedures set forth in 40 CFR Part 136.

2. Routine monitoring and sampling shall be conducted at the city approved monitoring point and during normal business operations of the IU.

3. When requested by the public works director or the user, a split sample will be provided to the other party to verify the levels of constituents in the wastewater.

4. Each nondomestic discharger shall be responsible for the following:

a. Notification, contracting or hiring of a state-certified laboratory to perform the required monitoring and analyses within the set time limitations;

b. Monitoring of each nondomestic wastewater discharge point on a 24-hour flow weighted composite sampling basis over a typical work day period;

c. Determining that the laboratory uses the test procedures found in 40 CFR Part 136 for the analyses of the wastewater samples, whenever applicable;

d. Supplying the laboratory with a complete constituent and parameter listing prior to any field monitoring;

e. Sending all city required wastewater analyses reports to the public works director either directly from the IU or through the laboratory;

f. Assuming the responsibility and the cost for the construction and maintenance of all in plant monitoring facilities as well as for the laboratory and monitoring charges.

E. Laboratory Reports, Wastewater Analysis.

1. Test results of wastewater samples shall be verified by an authorized representative of the IU, signed and certified in accordance with the requirements of 40 CFR 403.12(1) and Section 13.32.290.

2. If the user elects to have the laboratory submit the results of the wastewater samples directly to the public works director, the laboratory director shall verify, sign and certify such reports.

3. If sampling performed by the IU indicates a violation, the IU shall notify the public works director within 24 hours of becoming aware of the violation.

4. No laboratory report shall be accepted by the public works director without a chain-of-custody log. The chain-of-custody log shall contain the following information: sample source; date, time and method of sampling and sample preservation; type of container used; sampler identification; results of any field measurement or observation; and any other information related to sampling handling from the sampling site to the laboratory.

5. The public works director shall consider any laboratory report submitted to the city as being invalid and unacceptable if any of the following has occurred:

a. The IU fails to submit a chain-of-custody log with the report;

b. The sample was not collected at the approved monitoring point; or the sample tested did not represent permitted wastestreams;

c. The report or analysis is incomplete, and if the discharger does not submit to the city an amended report or a supplemental analysis report from the same laboratory within 30 days from the date of the notice of incompleteness or omission;

d. A state-certified laboratory and standard methods and procedures are not used;

e. The results of the laboratory report submitted to the city cannot be verified by the laboratory;

f. Either the laboratory or city personnel discover the monitoring equipment has been tampered with, readjusted, or the wastewater loadings and/or flow have been adjusted or changed to reflect an atypical situation.

F. It is unlawful, and the nondomestic discharger shall be held financially responsible, for any damage, breakage, or tampering of any laboratory or city monitoring equipment while it is in use either in, on, or next to the monitoring facility of the discharger.

G. If the public works director feels there is probable cause that a wastewater discharge or monitoring violation has occurred, the public works director has the right to contract with a state-certified laboratory and have the discharger's effluent monitored and analyzed, or the public works director may send a city crew to monitor the discharger's effluent and have the sample sent to a state-certified laboratory with the total cost of either procedure assumed by the discharger in question.

H. Annual Publication of Significant Noncompliance. In accordance with the federal pretreatment regulations, 40 CFR 403.8, the public works director shall annually cause to be published the name and address of each IU who currently is or was in significant noncompliance during the previous 12 months in a newspaper of general circulation published and/or circulated in the city.

(Prior code § 5860.17)

§ 13.32.290 Signatory requirements.

A. All documents, including compliance and monitoring reports, and permit applications required by this chapter must be signed by an authorized representative of the IU. An authorized representative may be:

1. A principal executive officer, at least the level of vice president, if the IU submitting the documents/ applications is a corporation;

2. A general partner or proprietor if the IU submitting the documents/applications is a partnership or sole proprietorship respectively;

3. A duly authorized representative of the individual, assigned by the principal executive officer or the general partner or proprietor, as described in subsections (A)(1) and (2) of this section, who is responsible for the overall operation of the facility.

B. Any person signing such documents shall make the following certification:

I have personally examined and am familiar with the information submitted in the attached document, and I hereby certify under penalty of law that this information was obtained in accordance with federal requirements. Moreover, based upon my inquiry of those individuals immediately responsible for obtaining the information reported herein, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

(Prior code § 5860.18)

§ 13.32.300 Confidentiality and public access to wastewater records.

A.

1. As required under 40 CFR Part 403, the public works director shall maintain a data filing system in compliance with public information and confidentiality records and provide for the proper handling and filing of records and reports for the general administration of the nondomestic wastewater permit program.

2. All information and data obtained on a discharger from reports, letters, questionnaires, permit applications, permits, monitoring, and inspections shall be available to the public or other government agency without restriction under the following provisions:

a. All requests for public access to any city wastewater file must be in writing. The written request must include:

i. The date of the review;

ii. The name and title of the person or persons who will be reviewing the files;

iii. The name and mailing address of the business or government agency that they work for;

iv. Their business telephone number;

v. Files they want to review.

b. The city may require an observer to be present while any file is being reviewed.

c. The city shall not make any copies of any of the information or data in the files unless it is requested in writing for another government agency.

d. A copy of the written request to review a file or files may be sent by the city to those dischargers that were reviewed.

e. The public works director shall annually, as required by the EPA, place a notice in the largest newspaper of general circulation published and circulated in the city listing all dischargers that were in significant noncompliance of applicable pretreatment standards during the previous 12 months.

B. If the disclosure of the user's file or a portion thereof would divulge trade secrets or secret processes, the discharger shall have the right to specifically request that its files or portions of its files should be kept confidential. Any such claim of confidentiality shall be in writing, and must be asserted at the time of submission of the information or data to the public works director. The claim may be asserted by stamping the word "Confidential" on each page containing such information, or by other means. A discharger's request for confidentiality of information or data shall be as follows:

1. The request must be in writing and submitted to the public works director by the designated wastewater representative of the discharger.

2. Sufficient justification must be presented to the public works director to demonstrate, to the satisfaction of the public works director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets.

3. Information accepted by the public works director as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a 10-day notification is given to the user.

4. Under no circumstances shall a discharger's wastewater constituents, concentrations, and flow characteristics be considered as confidential information.

C. The public works director shall keep such information confidential to the extent authorized by law, and shall make such information available only to governmental agencies which are bound by the confidentiality requirements of 40 CFR Part 2 for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit of the regional sewage treatment plant, state disposal system permit, or the pretreatment program, and for use by the city and state or any state or federal agency or the Environmental Protection Agency for judicial review or enforcement proceedings involving the discharger.

(Prior code § 5860.19)

§ 13.32.310 Interagency wastewater connection requirements and agreement.

A. If another city or municipality or an IU situated outside of the city contributes wastewater to the community system, the public works director shall require and enter into an interagency agreement with the contributing city.

B. The IU or any public agency desiring a sewer connection to the city must submit to the city a written request for an interagency connection point. This request shall include:

1. A plot map of the area to be served including the distance to the proposed connection point;

2. The current zoning and acreage of each of the zoned regions of the area;

3. The percentage of existing development in each zoned region;

4. The current average and peak flow and wastewater quality from the total proposed area; and the project maximum peak and average flows from the total area at build out;

5. An inventory of all users within the contributing municipality that are discharging to the community sewer; and

6. Such other information as the public works director may deem necessary.

C. The city shall have the right to deny the request for any reason.

D. The contract agreement must be written by the source agency but reviewed and approved by the city and must include, but not be limited to, the following:

1. A statement of agreement to construct, at no expense to the city, all sewer facilities necessary to convey the sewage from the source agency area to the city's community sewer system.

2. All construction plans must be approved by the public works director and all construction done in the city including a monitoring manhole at the connection point must be inspected and built to the city standards. As built plans must also be submitted to the city upon completion of the work, all at no cost to the city.

3. The discharger shall agree, at its own expense, to submit to the city no later than 45 days from the date the connection point becomes active, a 24-hour flow weighted composite analysis on the effluent entering the city at the connection point for all the parameters and constituents listed in the Chino Basin Municipal Water District Regional Contract and shall agree to submit to the city a similar analysis every six months starting from the submittal date of the first analysis. The limits on the nature, quality and volume of wastewater from the contributing agency shall be established by the city.

4. The water laboratory used by the source agency for the monitoring and analysis work must be certified by the state and a copy of all the intercity connection point monitoring must be sent to the city either by the contributing agency or directly from the laboratory.

5. If the connection point is to be eliminated, the source agency shall be required to abandon the intercity connection to current city standards on the source agency's side of the city's boundary line at no expense to the city.

6. The requesting agency shall collect all sewer fees as established by the city and transfer this money biannually to the city.

7. The requesting agency shall be responsible for notifying the city of any growth in this sewered area, and agree to let the city enforce their pretreatment program in the source agency's sewered area. The public works director shall be allowed access to the facilities of lUs located within the contributing jurisdictional boundaries for the purpose of inspection, sampling or any pretreatment related duties.

8. The city agrees to accept and deliver to the wastewater treatment plant all sewage discharged through this connection point providing all predetermined flow and water quality criteria are being met.

9. The city shall have the right to stop the sewer flow or eliminate the intercity connection point if any of the above criteria are violated, but must notify the source agency in writing of the city's intent and establish a date and time the connection point may be abolished.

10. The source agency shall be responsible for submitting an executed copy of the interagency agreement to Chino Basin Municipal Water District.

(Prior code § 5860.20)

§ 13.32.320 Regional pretreatment agreement.

A. There is adopted by the city that certain agreement known as the regional pretreatment agreement, entered into by and among CBMWD, the city, the cities of Chino, Chino Hills, Fontana, Montclair, Ontario, and the Cucamonga County Water District. Pursuant to this agreement, the city allows and authorizes CBMWD to regulate industrial users within the corporate limits of the city who are tributary to the regional sewerage system and provides CBMWD fully enforceable legal authority as publicly owned treatment works (POTW) to inspect, permit and control indirect discharges to the regional plants.

B. Copies of the agreement are on file with the city clerk of the city. The agreement is adopted and incorporated by reference as if fully set forth herein.

(Prior code § 5860.21)