Article 13 Administrative Requirements

Detailed plans. Each industrial user shall provide protection from accidental or slug load discharges of prohibited materials or other substances regulated by this chapter.

In order to prevent accidental or slug load discharges of prohibited materials, facilities shall be provided and maintained at the premises owner's or industrial user's own cost and expense. Detailed plans showing facilities and operating procedures to provide protection from any potential problems, including accidental discharges and slug load discharges, shall be submitted to the City for review and shall be approved by the City before construction of the facility. The plans shall outline the user's discharge practices (including non-routine batch discharges), describe stored chemicals, and contain procedures for immediately notifying the City and preventing adverse impacts from any such discharges.

No industrial user who discharges waste after the effective date of this chapter shall be authorized to introduce pollutants into the sewer system until accidental discharge procedures and slug load discharge plans have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the industrial user's facility as necessary to meet the requirements of this chapter. In the case of an accidental or slug load discharge, the industrial user shall be responsible for immediately notifying the City of the incident. Notification shall identify the location of the discharge, the type, concentration, and volume of waste, and corrective actions taken and/or anticipated.

Written notice. Within five (5) days following an accidental or slug load discharge, the industrial user shall submit to the Director a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liabilities, including criminal liability, which may be imposed by this chapter or other applicable law.

(c)

Notice to employee. A notice shall be posted on the industrial user's bulletin board or other prominent place advising employees who to call in the event of an accidental or slug load discharge. Employers shall ensure that all employees who may cause or observe such an accidental or slug load discharge are advised of emergency notification procedures.

(d)

Sampling.

The City may:

(i)

Randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards and other pretreatment requirements.

(ii)

Inspect and sample the effluent from each significant industrial user at least once a year.

(iii)

Evaluate, at least once every two (2) years, whether each significant industrial user needs a plan to control slug load discharges.

§ 6-4-1304 Notification of prohibited discharges.

The results of the sampling activities shall be available to the state upon request.

(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-702)

§ 6-4-1303 Control screens.

The Director is authorized to install, or order an industrial user to install, at the industrial user's expense, screening devices on the sewer service at the point of connection with the system in order to prevent any industrial user from discharging industrial waste of a greater size than shall pass through the screening device into the sewer service. The screening device shall have openings equivalent to a maximum of one-eighth (1/8") inch. No person shall remove any screens without authorization by the Director.

(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-703)

Immediate notification. A user shall notify the City immediately upon accidentally or otherwise discharging prohibited materials or Wastes to enable the City to minimize damages to the Sewer System, the POTW, and/or the receiving waters.

§ 6-4-1305 Inspections: Samplings: Photographs.

Written statement: Liability. A user shall submit within fifteen (15) days after the date of the discharge, a detailed written statement describing the discharge causes and the measures being taken to prevent future events. Notification shall not relieve the user of liability for any expense, loss, or damage to the sewer system, or POTW, or for any fines imposed on the City in accordance with Section 13350 of the California Water Code; or for violations of Section 5650 of the California Fish and Game Code, as they now exist or may be hereafter amended, or under other laws or regulatory agencies.

(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-704)

Inspections: Samplings. The City may inspect the facilities of any user to ascertain whether the purposes and objectives of this chapter, and all requirements, are being met. Persons or occupants of premises from which waste or wastewater is discharged shall allow the City ready access, at all reasonable times, to all parts of the premises for the purposes of inspection, sampling, examining records, or performing any of their duties. All sampling conducted pursuant to this chapter shall be performed in accordance with the techniques prescribed in 40 CFR part 136. In the event 40 CFR part 136 does not contain sampling techniques for the pollutant of concern, the sampling shall be performed using validated methods and procedures. The City, the state, and USEPA shall have the right to install devices which are necessary to conduct sampling, inspection, compliance monitoring, and/or metering operations on the industrial user's property.

§ 6-4-1306 Public participation program: Significant noncompliance.

Identification prior to entry on premises. When a user requires proper identification and clearance before entry onto its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, City inspectors, the state, and USEPA shall be authorized to enter without delay for the purpose of performing their specific responsibilities.

(c)

Photographs. City inspectors may, in the course of their inspection, photograph the premises to memorialize the inspection as it relates to regulation by this chapter or any other local, state, or federal law. Photographs may be taken of any mechanism, apparatus, means or method thought to contribute to or facilitate the suspected violation, including, but not limited to, the waste treatment drains and pipes, monitoring equipment, wastes disposal areas, chemical storage tanks, and/or waste container labels.

(d)

Confidentiality: Exceptions. Upon the written requests of the USEPA or State or local governmental agencies charged with regulatory jurisdiction, all photographs taken in accordance with this chapter shall be made available to those agencies, without reservations. The photographs may also, upon written request only, be made available to the public or other nongovernmental agencies unless the industrial user specifically requests and is able to demonstrate, to the satisfaction of the City, that the photographs should be considered confidential in that, if released, they would divulge information, processes, or methods of production entitled to protection as trade secrets of the industrial user. Photographs accepted by the City as confidential shall not be transmitted to any nongovernmental agency or to the general public.

(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-705)

The City shall develop and implement procedures to ensure compliance with the requirements of a public participation program as set forth in 40 CFR part 25 for the enforcement of pretreatment standards. These procedures shall include provision for public notification at least annually, in the largest daily newspaper published in the City, of industrial users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards or other pretreatment requirements. For the purposes of this provision an industrial user is in significant noncompliance if the industrial user's violation meets one (1) or more of the following criteria:

Chronic violations. Chronic violations of "wastewater discharge limits," defined here as those in which sixty-six (66%) percent or more of all of the measurements taken for the same pollutant parameter during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);

Technical review criteria violations. "Technical review criteria (TRC) violations," defined here as those in which thirty-three (33%) percent or more of all of the measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

(c)

Pretreatment effluent limit violation. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the City determines has caused alone, or in combination with other discharges, interference, or pass-through, including endangering the health of City personnel or the general public;

(d)

Discharges causing imminent endangerment. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the City's exercise of its emergency authority under this chapter to halt or prevent such a discharge;

(e)

Failure to meet compliance schedule. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule deadline contained in a waste discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(f)

Failure to provide reports. Failure to provide, within thirty (30) days after the due date, required reports;

(g)

Failure to accurately report. Failure to accurately report noncompliance;

(h)

Other violations. Any other violation or group of violations which the Director or the City determines will adversely affect the operation or implementation of the local pretreatment program.

(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-706; 1090-CS, Amended, 07/26/2007)

§ 6-4-1307 Reporting and monitoring.

Reporting requirements.

The Director shall require industrial users to submit periodic monitoring and compliance reports. Such reports may consist of baseline reports, monitoring reports, compliance schedule reports, reports on compliance with categorical deadlines, periodic reports from significant industrial users, and periodic compliance reports from significant noncategorical users, and, at a minimum, shall comply with the reporting requirements set forth in 40 CFR 403.12. Baseline reports include the following:

Within one hundred eighty (180) days after the effective date of the ordinance codified in this section or one hundred eighty (180) days after a permit is issued, whichever is later, industrial users shall be required to submit to the Director a report which contains the information listed in 40 CFR 403.12(b)(1) – (7).

(i)

Identifying information. The user shall submit the name and address of the facility including the name of the operator and owners;

(ii)

Permits. The user shall submit a list of any environmental control permits held by or for the facility;

(iii)

Description of operations. The user shall submit a brief description of the nature, average rate of production, the standard industrial classification of the operation(s), and a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;

(iv)

Flow measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

(aa)

Regulated process streams; and

(ab)

Other streams as necessary to allow use of the combined wastestream.

(v)

Measurement of pollutants.

(aa)

The user shall identify the pretreatment standards applicable to each regulated process;

(ab)

Historical data may be used so long as the data provides information sufficient to determine the need for industrial pretreatment measures; and

(ac)

The time, date and place of sampling, and methods of analysis and a certification that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

(vi)

Compliance schedule. If additional pretreatment will be required to meet the pretreatment standards; the shortest schedule by which the industrial user will provide such additional pretreatment but in no event later than the compliance date established for the applicable pretreatment standard.

In addition, all users subject to pretreatment standards shall comply with all requirements governing those standards.

All reports and documentation required by this section shall be signed and certified by the appropriate representatives of the industrial user, or other user required to make reports and documentation, as required by 40 CFR 403.6(a)(2)(ii) which shall attest to the integrity of the analytical data submitted. Records of monitoring activities and results shall be maintained for a minimum of three (3) years, or longer in the case of unresolved litigation or when requested to do so by the City or state.

(3)

Users shall notify and obtain the approval of the Director prior to releasing any discharge which differs from the terms of the waste discharge permit with regard to the volume or character of pollutants contained in the discharge, including hazardous wastes. In addition, all users shall immediately notify the Director and the appropriate local, state, and federal agencies of any discharge which would be considered a hazardous waste, if disposed of in a different manner. Any verbal notice given to the Director shall be followed by a written report of each incident within fifteen (15) days after the user becomes aware of, or should have become aware of, the discharge. In addition, all users shall promptly notify the Director prior to any substantial change in the volume or character of pollutants in their discharge.

(4)

When sampling results of a user indicate a violation, the user shall notify the Director within twenty-four (24) hours of becoming aware of the violation. Within thirty (30) days of discovering the violation, the user shall resample and submit a report of the results of the resampling to the City. Resampling is not required if the City performs monitoring at the user's facility at least once a month or between the time of the user's initial sampling and the time when the user receives the results of the initial sampling.

(5)

If an industrial user subject to the reporting requirements of this chapter monitors any regulated pollutant at its approved monitoring location more frequently than required by the City, using the procedures prescribed in this chapter, the results of this monitoring shall be included in the report.

Monitoring facilities.

The Director may require, at the user's expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facilities should normally be situated on the user's premises, but the Director may, when the Director determines that such a location would be impractical or cause undue hardship to the user, allow the facility to be constructed in the public street or sidewalk area and located so that it may not be obstructed by landscaping or parked vehicles.