No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with or pass through the operation or performance of the treatment works. These general prohibitions apply to all such users of the treatment works whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:
A. 
Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion, or be injurious in any other way to the treatment works or to the operation of the treatment works. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent nor any single reading over 10 percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the city, and the state or EPA has indicated is a fire hazard or hazard to the system.
B. 
Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.
C. 
Any wastewater having a pH less than 5.5 or higher than 10.5 or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the treatment works.
D. 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with or pass through any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the treatment works, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.
E. 
Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
F. 
Any substance which may cause the treatment works effluent or any other product of the treatment works such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the system cause the treatment works to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria.
G. 
Any substance which will cause the treatment works to violate its NPDES and/or State Disposal System Permit or the receiving water quality standards.
H. 
Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
I. 
Any wastewater having a temperature of 60 degrees Celsius (140 degrees Fahrenheit) or more at the point of discharge into the sanitary sewer, or which may cause the temperature at the wastewater treatment plant to exceed 104 degrees Fahrenheit.
J. 
Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the treatment works. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average 24-hour concentration, quantities, or flow during normal operation.
K. 
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.
L. 
Any wastewater which causes a hazard to human life or creates a public nuisance.
M. 
Any stormwater, seepage, cooling water or unpolluted process water.
N. 
The contents of a swimming pool, except as approved by the Superintendent. When the Superintendent determines that a user(s) is contributing to the system, any of the above enumerated substances in such amounts as to interfere with the operation of the treatment works, the Superintendent shall: (1) advise the user(s) of the impact of the contribution on the treatment works; and (2) develop effluent limitation(s) for such user to correct the interference with the treatment works.
(Ord. 1097 (part), 1981; Ord. 1378 § 1(part), 1989)
A. 
The dumping, pouring, or otherwise disposing of fats, oils, or grease (FOG) by any user into any sewer drain is strictly prohibited. This includes but is not limited to oil and grease used in or generated by residential cooking activities. Any user found disposing of fats, oils or grease in any sewer drain in violation of this chapter may be subject to enforcement action and imposition of fines and penalties including but not limited to payment for costs associated with any related remedial activities deemed necessary by the City.
B. 
No user shall introduce any additives, including but not limited to enzymes, microbes, or surfactants acting as grease emulsifiers, or degradation agents, into a grease removal device, unless prior written approval is obtained from the Director. Any user, if having been granted approval by the Director to use any of the methods described above for the abatement of grease, shall continue to maintain the grease removal device in such a manner that ensures compliance with the oil and grease wastewater discharge limits, as defined in this chapter, as measured from the outlet of the grease removal device, is consistently achieved.
C. 
Inspection and Sampling. City personnel may inspect the facilities of any food service establishment, to determine whether the requirements set forth in this chapter are being met. Owners, managers, employees, or any other occupants or operators of facilities where wastewater is generated and discharged to the City's sewer system through a grease removal device, shall allow City personnel access to all areas of the premises, at all reasonable times or during normal hours of operation, for the purpose of inspection, sampling, records review, or any other job-related duty to determine compliance with this chapter. The City shall have the right to set up on any user's property devices necessary for conducting wastewater sampling inspection, compliance monitoring and/or metering operations.
D. 
Discharge Limitations. No user discharging wastewater to the publicly owned treatment works through a grease removal device shall allow wastewater oil and grease concentrations discharged from the grease removal device to exceed 300 milligrams per liter of total oils and grease or 100 milligrams per liter of mineral/petroleum-based oils and grease.
E. 
Food Service Establishments. All food service establishments shall:
Implement best management practices in accordance with the requirements and guidelines established in this chapter and as may be established by the Director in an effort to minimize the discharge of FOG to the sewer system. At a minimum, all food service establishments shall be required to comply with the following best management practices:
1. 
Installation of Drain Screens. Drain screens shall be installed on all drainage pipes in food preparation areas and cleaned at regular intervals.
2. 
Segregation and Collection of Waste Cooking Oil. All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels, drums, or bins. Such recycling receptacles shall be maintained properly to ensure that they do not leak.
3. 
All food service establishments shall use licensed waste haulers and licensed recycling facilities to dispose of waste cooking oil.
4. 
Disposal of Food Waste. All food waste shall be disposed of directly into the trash or garbage, and not in sinks or otherwise directly or indirectly into the sewer system.
5. 
Employee Training. Training in best management practices shall be provided by food service establishments to employees of the food service establishment upon commencement of employment and at least annually thereafter, including, but not limited to, training on the following subjects:
a. 
How to "dry wipe" pots, pans, dishware and work areas before washing to remove grease.
b. 
How to properly dispose of food waste and solids in enclosed plastic bags prior to disposal in trash bins or containers to prevent leaking and odors.
c. 
The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped.
d. 
How to properly dispose of grease or oils from cooking equipment into a grease receptacle such as a barrel or drum without spilling.
Training shall be documented and employee signatures retained indicating each employee's attendance and understanding of the practices reviewed. Training records shall be available for review at any reasonable time by City personnel.
6. 
Kitchen Signage. Best management and waste minimization practices shall be posted conspicuously in the food preparation and dishwashing areas at all times.
7. 
Containers. Grease rendering containers shall be installed and properly maintained.
F. 
Grease Removal Devices. Users who are required to install and maintain a grease removal device designed to separate and capture settleables or FOG of any kind shall comply with the following:
1. 
Food Grinders. The City may require the removal of food grinders from the plumbing system of a food service establishment where it is determined by the Director that excessive food debris is interfering with the proper operation of a grease removal device which is resulting in the discharge of food debris and/or FOG to the publicly owned treatment works.
2. 
Maintenance Requirements. All food service establishments shall maintain grease removal devices in good working condition and provide proper maintenance. At the user's expense, routine maintenance shall be performed on all grease removal devices. All accumulated grease and solids materials shall be removed from the site by a registered grease transporter licensed by the state of California. Decanting back into the grease removal devices shall not be permitted. Such removal of accumulated waste shall be performed on an as-needed basis, but not less than once every quarter, unless otherwise permitted to do so through a granted variance request issued by the City. "As needed" shall mean as necessary to ensure continued compliance with City's discharge limits for fats, oil, and grease. If it is determined by the Director that mainline flow restriction, e.g., a grease blockage or an obstruction, has resulted from the inadequate cleaning or maintenance of a user's grease removal device, or if, in the opinion of the Director, a need for increased grease removal device maintenance frequency exists, the Director may require user, by written notice, to implement a minimum routine cleaning frequency of more often than once every quarter.
3. 
Variance requests to extend the minimum cleaning frequency for a grease removal device from quarterly to a period of greater duration must be submitted to the Director in writing. The user shall clearly state in detail the factual and/or technical basis for the variance request and the user's proposed cleaning schedule. All variance requests must be dated and signed by the user or his/her designee. The City may collect and require a variance request fee to be paid at the time the request is submitted. The fee shall be set by resolution of the City Council. The fee shall be calculated to recover the total City costs incurred in the processing of the variance request including, but not limited to, staff time to process and handle the request. No variance request shall be granted without payment of the fee at the time the variance requested is submitted. The department head may waive or defer the fee upon written request for good cause shown. Good cause may include severe economic hardship. A variance request may be granted on a case-by-case basis if the applicant is otherwise in compliance with this chapter and if granting such a variance is not detrimental to the public health, safety or welfare. The City may deny variance requests or revoke any granted variances when it is determined by the Director to be in the best interest of the City or at any time the requirements set forth in this chapter are not being met by a user. Prior to revocation, a user that has been granted a variance under this section shall have the opportunity to meet with the Director to challenge the Director's decision.
4. 
Record Keeping. Document record keeping shall be maintained and shall include:
a. 
Grease removal device maintenance and cleaning records;
b. 
Plumbing maintenance records;
c. 
Rendering grease disposal records;
d. 
Name and contact information of waste hauler; and disposal site;
e. 
Documents consist of, but are not limited to, logs, records, letters, blueprints, equipment instructions, specifications and operation information, receipts, and manifests. Such records are deemed to be environmental records and shall be retained by the user for a period of not less than three years and made available for review or duplication by the City upon request.
G. 
In the event that a user's grease removal device fails a visual inspection or effluent sample analysis inspection, the user shall be given written notice of the noncompliant condition and take immediate steps to bring the user's grease removal device into compliance. The user is responsible for all associated costs.
H. 
Noncompliance. Failure on the part of any user to maintain continued compliance with any of the requirements set forth in this section or Section 13.08.271 may result in the initiation of enforcement action. Such enforcement action may include, but is not limited to, the issuance of a verbal warning, written warning, notice of violation (NOV), administrative order, administrative civil liability, as defined in the Pretreatment Program Manual and/or Sections 13.08.580 through 13.08.690, and/or imposition of nuisance fines and penalties, emergency abatement, and abatement proceedings set forth in Vacaville Municipal Code Chapter 8.10.
I. 
If it is determined by the Director that due to a past or present noncompliant condition created or maintained by a user, maintenance or repairs to the City sewer system outside of normal scheduled maintenance or repair activities are necessary, the City may recover from user all maintenance and/or repair costs, including but not limited to vehicle, equipment, parts, and labor costs incurred as a result of the past or present noncompliant condition. A user may also be responsible for all clean-up costs and fines or penalties imposed upon City associated with any sanitary sewer overflows and spills resulting from the failure to use or inadequate use, cleaning, maintenance, or performance of the user's grease removal device.
(Ord. 1821, Added, 5/12/2009)
No person shall discharge wastewater containing the following parameters in excess of the corresponding limits in milligrams per liter of discharge:
Discharge
mg/L
BOD
250
COD
400
Suspended solids
350
Total solids
1,500
Arsenic, total
2.0
Cadmium, total
1.0
Chlorinated hydrocarbons
0.5
Chromium, total
2.0
Copper, total
5.0
Cyanides, amenable and total
1.0
Lead, total
5.0
Mercury, total
0.05
Nickel, total
5.0
Total oil and grease
300
Mineral/petroleum oil and grease
100
Phenol, total
100
Silver, total
1.0
Zinc, total
1.0
(Ord. 1097, Added, 1981; Ord. 1378, Amended, 1989; Ord. 1821, Amended, 5/12/2009)
Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The Superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12.
(Ord. 1097 (part), 1981)
State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.
(Ord. 1097 (part), 1981)
No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant-specific limitation developed by the City or state, unless approved by the Superintendent as a condition on the permit.
(Ord. 1097 (part)), 1981)
A. 
Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review, and shall be approved by the City before construction of the facility. All existing users shall complete such a plan by January 1, 1983. No user who commences contribution to the treatment works after the effective date of the ordinance codified in this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures 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 user's facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the City or treatment plant of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
B. 
Written Notice. Within five days following an accidental discharge, the user shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.
C. 
Notice to Employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
(Ord. 1097 (part), 1981)
A. 
General Permits. All significant users proposing to connect to or to contribute to the treatment works shall obtain a wastewater discharge permit before connecting to or contributing to the sewer system. All existing significant users connected to or contributing to the sewer system shall obtain a wastewater contribution permit within 180 (optional) days after the effective date of the ordinance codified in this chapter.
B. 
Permit Application. Users required to obtain a wastewater contribution permit shall complete and file with the city an application in the form prescribed by the city and accompanied by a fee as may be required by the city council. Existing users shall apply for a wastewater contribution permit within ninety days after the effective date of the ordinance codified in this chapter, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the treatment works. All permit applications and related correspondence shall be signed by a duly authorized representative of the user. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
1. 
Name, address, and location (if different from the address);
2. 
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
3. 
Wastewater constituents and characteristics including but not limited to those mentioned in Section 13.08.460 of this chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;
4. 
Time and duration of contribution;
5. 
Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;
6. 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;
7. 
Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
8. 
Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, state, or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
9. 
If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
a. 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.);
b. 
No increment referred to in subsection B.(9)(a) of this section shall exceed nine months;
c. 
Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Superintendent;
10. 
Each product produced by type, amount, process or processes and rate of production;
11. 
Type and amount of raw materials processed (average and maximum per day);
12. 
Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
13. 
Any other information as may be deemed by the city to be necessary to evaluate the permit application.
The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater contribution permit subject to terms and conditions provided herein.
C. 
Permit Modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standards. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater contribution permit as required by subsection B of this section, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater contribution permit shall submit to the Superintendent within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by subsections B.(9) and B.(10) of this section. All information and related correspondence shall be signed by a duly authorized representative of the user.
D. 
Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:
1. 
The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
2. 
Limits on the average and maximum wastewater constituents and characteristics;
3. 
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
4. 
Requirements for installation and maintenance of inspection and sampling facilities;
5. 
Specifications for monitoring programs which may include sampling locations; frequency of sampling; number, types, and standards for tests; and reporting schedules;
6. 
Compliance schedules;
7. 
Requirements for submission of technical reports or discharge reports (see Section 13.08.520);
8. 
Requirements for maintaining and retaining plant records for a minimum of the most recent three years relating to wastewater discharge as specified by the City, and affording City access thereto;
9. 
Requirements for notification of the City or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
10. 
Requirements for notification of slug discharges as per Section 13.08.500.B;
11. 
Other conditions as deemed appropriate by the City to ensure compliance with this chapter.
E. 
Permit Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in this section are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F. 
Permit Transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the City. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(Ord. 1097 (part), 1981; Ord. 1378 § 1(part), 1989)
A. 
Compliance Date Report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the treatment works, any user subject to pretreatment standards and requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.
B. 
Periodic Compliance Reports.
1. 
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the treatment works shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in Section 13.08.510.B.5 of this chapter. All reports submitted according to this section shall be signed by a duly authorized representative of the user.
2. 
The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subsection B.(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the administrator pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator.
(Comment: Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the administrator.)
(Ord. 1097 (part), 1981; Ord. 1378 § 1(part), 1989)
A. 
The city shall require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
B. 
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
C. 
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city.
(Ord. 1097 (part), 1981)
The City shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, reproduction of records or in the performance of any of their duties. The City, state, and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(Ord. 1097 (part), 1981; Ord. 1378 § 1(part), 1989)
A. 
Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the user's initiation of the changes.
B. 
The City shall annually publish in the Vacaville Reporter a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.
C. 
All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.
(Ord. 1097 (part), 1981)
A. 
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
B. 
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, State Disposal System permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
C. 
Information accepted by the City as confidential shall not be transmitted to any governmental agency or to the general public by the City until and unless a 48-hour verbal notification is given to the user. This provision shall not be construed as requiring the user's consent for transmitting such information. Information transmitted in this manner may only be transmitted for the purposes of review under the Federal General Pretreatment Regulations.
(Ord. 1097 (part), 1981; Ord. 1378 § 1(part), 1989)
The City may take all steps deemed necessary to immediately suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the Superintendent, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons to the environment, causes interference to the treatment works or causes the City to violate any condition of its NPDES permit. Any person notified of a suspension of the wastewater pretreatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the sewer system or endangerment to any individuals. The Superintendent shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written report submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within five days of the date of occurrence.
Nothing in this subsection shall be interpreted as requiring a hearing prior to any emergency suspension.
(Ord. 1097 (part), 1981; Ord. 1768, Amended, 8/22/2006)
In addition to any other penalties or remedies, any user who violates the following conditions of this chapter, or applicable state and federal regulations, is subject to having its permit revoked in accordance with the procedures of this chapter:
A. 
Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
B. 
Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
C. 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
D. 
Violation of conditions of the permit.
Prior to revoking any permit, the Superintendent shall serve upon any user in violation of the above conditions, a notice pursuant to Section 13.08.590, specifying that if the user fails to correct and discontinue the violation within the time parameters set forth it may subject the user to permit revocation.
In the event that a user does not comply with the notice, the Superintendent may commence revocation proceedings by scheduling a show cause hearing pursuant to Section 13.08.600.
(Ord. 1097 (part), 1981; Ord. 1768, Amended, 8/22/2006)
Whenever the City finds that any user has violated or is violating this chapter, its wastewater contribution permit, or any prohibition, limitation or requirement contained herein, and except in the case of harmful contributions as set forth in Section 13.08.570, the Superintendent may serve upon such person written notice stating the nature of the violation. The notice may be in the form of a "warning notice," "notice of violation," "cease and desist order," or other order. Within 30 days of the date of the notice, the user shall correct and discontinue the violation or, in cases where the correction and/or discontinuance of the violation cannot be completed within the 30 days the user within the same time period shall commence correction and discontinuance of the violation and submit to the Superintendent a plan to correct the violation and prevent future similar violations.
(Ord. 1097 (part), 1981; Ord. 1768, Amended, 8/22/2006)
A. 
A show cause hearing shall be conducted in any of the following circumstances, unless waived by the user:
1. 
A user fails to comply with a notification of violation and the Superintendent commences revocation proceedings;
2. 
An administrative complaint is issued pursuant to Section 13.08.620;
3. 
The decision of the Hearing Officer regarding an administrative complaint issued pursuant to Section 13.08.620 is appealed to the City Council; or
4. 
A user appeals the imposition of an administrative penalty pursuant to Section 13.08.630.
B. 
Unless otherwise specified, the Superintendent shall provide written notice of the hearing, setting forth the date, time and location of the hearing, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Hearing Officer why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
C. 
At the time set for the hearing, the Hearing Officer shall proceed to hear the testimony of City staff, the subject user, and any other interested parties, and receive any evidence produced by any witness of compliance or noncompliance with the notice.
D. 
At any hearing held pursuant to this chapter, testimony taken shall be under oath and recorded either stenographically or by an audio or video recording device. Any transcript or other recording will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
E. 
After the Hearing Officer has reviewed the evidence, the Hearing Officer may:
1. 
In the case of a revocation proceeding either:
a. 
Issue, modify or dismiss an order revoking the permit and directing that the sewer service be discontinued; or
b. 
Issue an order directing that the sewer service be discontinued unless following a specified time period, adequate treatment facilities, devices or other related appurtenances have been installed or existing treatment facilities, devices or other related appurtenances are properly operated.
2. 
In the case of a hearing resulting from the issuance of an administrative complaint pursuant to Section 13.08.620 or an appeal of the imposition of a civil penalty or an administrative penalty pursuant to Section 13.08.640:
a. 
Uphold, modify or dismiss any civil or administrative penalties imposed; or
b. 
Issue, modify or dismiss any other orders or directives as are necessary and appropriate to ensure compliance with the notice, permit, this chapter and/or applicable state and federal regulations.
F. 
Except as set forth in Section 13.08.620.B, the decision of the Hearing Officer shall be final and subject only to appeal to the Superior Court by filing with the court a petition for writ of mandate within 30 days following the service of a copy of the Hearing Officer's decision.
(Ord. 1097 (part), 1981; Ord. 1768, Amended, 8/22/2006)
A. 
In addition to any other penalties or remedies, except as specified in subsection A.(2) of this section:
1. 
If any person discharges sewage, industrial wastes or other wastes into the City's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, any permit issued by the City, or any order of the City pursuant to this chapter, the City may commence an action in Superior Court seeking a preliminary and/or permanent injunction, as may be appropriate in restraining the continuance of any violation of the provisions of this chapter, federal or state pretreatment requirements, any permit condition, or any order of the City.
2. 
If any person violates any pretreatment requirement imposed or ordered by the City, or discharges industrial waste into the collection system or POTW, the City may commence an action in the Superior Court seeking civil penalties not to exceed twenty-five thousand dollars per day for each violation, in accordance with California Government Code Section 54740. The remedies under this subsection shall not be recoverable for any violation for which liability is recovered pursuant to Section 13.08.620. (Ord 1769, Amended, 8/22/2006; Ord. 1097 (part), 1981).
A. 
Pursuant to the authority set forth in California Government Code Section 54740.4, the City may issue an administrative complaint to any person who violates any pretreatment requirement imposed or ordered by the City, or discharges industrial waste into the collection system or POTW. The administrative complaint shall allege the act or failure to act that constitutes the violation of the City's requirements, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty.
B. 
The administrative complaint shall be served by personal delivery or certified mail on the person subject to the City's discharge requirements, and shall inform the person served that a hearing shall be conducted within 60 days after the person has been served. Service may be made on any agent or officer of a corporation. The hearing shall be before a Hearing Officer designated by the City Council, and unless specifically modified in this section, shall be conducted pursuant to the show cause hearing procedure set forth in Section 13.08.600. The person who has been issued an administrative complaint may waive the right to a hearing either in writing or by failing to appear at the time and date set for the hearing, in which case the City shall not conduct a hearing and the violations and penalties set forth in the administrative complaint shall become final. A person dissatisfied with the decision of the Hearing Officer may appeal to the City Council within 30 days of notice of the Hearing Officer's decision, in accordance with the appeal provisions set forth in Section 13.08.640.
C. 
If after the hearing, or appeal, if any, it is found that the person has violated reporting or discharge requirements, the Hearing Officer or City Council may assess a civil penalty against that person. In determining the amount of the civil penalty, the Hearing Officer or City Council may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger.
D. 
Civil penalties may be imposed by the City as follows:
1. 
In an amount which shall not exceed two thousand dollars for each day for failing or refusing to furnish technical or monitoring reports.
2. 
In an amount which shall not exceed three thousand dollars for each day for failing or refusing to timely comply with any compliance schedule established by the City.
3. 
In an amount which shall not exceed five thousand dollars per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the City.
4. 
In an amount which does not exceed ten dollars per gallon for discharges in violation of any suspension, cease and desist order or other orders or prohibition issued, reissued, or adopted by the City.
5. 
The amount of any civil penalties imposed under this section which have remained delinquent for a period of 60 days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. The lien provided herein shall have no force and effect until recorded with the county recorder and when recorded shall have the force and effect and priority of a judgment lien and continue for 10 years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.
E. 
All moneys collected under this section shall be deposited in a special account of the local agency and shall be made available for the monitoring, treatment, and control of discharges into the local agency's sanitation or sewer system or for other mitigation measures.
F. 
Unless appealed, orders setting administrative civil penalties shall become effective and final upon issuance thereof, and payment shall be made within 30 days. Copies of these orders shall be served by personal service or by registered mail upon the party served with the administrative complaint and upon other persons who appeared at the hearing and requested a copy.
G. 
The City may, at its option, elect to petition the Superior Court to confirm any order establishing civil penalties and enter judgment in conformity therewith in accordance with the provisions of Sections 1285 to 1287.6, inclusive, of the Code of Civil Procedure.
H. 
No penalties shall be recoverable under this section for any violation for which civil liability is recovered under Section 13.08.610.A.2.
I. 
Any party aggrieved by a final order issued by the City Council under this section, after granting review of the order of a Hearing Officer, may obtain review of the order of the City Council in the Superior Court by filing in the court a petition for writ of mandate within 30 days following the service of a copy of a decision and order issued by the City Council. Any party aggrieved by a final order of a Hearing Officer issued under this section, for which the City Council denies review, may obtain review of the order of the Hearing Officer in the Superior Court by filing in the court a petition for writ of mandate within 30 days following service of a copy of a decision and order denying review by the City Council.
J. 
If no aggrieved party petitions for writ of mandate within the time provided by this section, an order of the City Council or a Hearing Officer shall not be subject to review by any court or agency, except that the City Council may grant review on its own motion of an order issued under this section after expiration of the time limits set forth herein.
K. 
The evidence before the court shall consist of the record before the City Council, including the Hearing Officer's record, and any other relevant evidence which, in the judgment of the court, should be considered to effectuate and implement policies of this division. In every such case, the court shall exercise its independent judgment on the evidence.
(Ord. 1097 (part), 1981; Ord. 1378 § 1(part), 1989; Ord. 1768, Amended, 8/22/2006)
A. 
Parameter discharge limit violation penalties may accompany a notice of violation pursuant to Section 13.08.590 and may be issued for each parameter discharge above the permit limit. The fine shall escalate if the occurrence is above the technical review criteria ("TRC") which indicates a more severe noncompliance episode. For purposes of this section, the TRC is a multiplier for the permit limit for a pollutant parameter that equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable TRC. (TRC equals 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH.)
B. 
For purposes of this section, reporting violations consist of violations of Section 13.08.520 or violations of any reporting requirements included in an industrial user permit or any compliance order, compliance schedule or any other order, including, but not limited to, failure to provide within 30 days after the due date, baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules, or failure to accurately and timely report noncompliance.
C. 
Administrative Penalties. An administrative penalty of up to one thousand dollars may be imposed upon any user who commits a discharge limit violation, or a reporting violation.
D. 
The Superintendent shall have the authority to impose penalties pursuant to this section.
E. 
The Superintendent shall serve notice of imposition of an administrative penalty and any additional orders on the user. Service may be made on any agent or officer of a corporation. The notice shall contain:
1. 
A statement specifying the conditions which constitute a parameter limit violation or reporting violation;
2. 
The amount of the administrative penalty;
3. 
A statement of the action required to be taken to cure the violation;
4. 
A statement advising that the user may appeal the imposition of the administrative penalty by filing a written request for appeal hearing within 10 days from the date of the service of the notice; and
5. 
A statement that failure to appeal the notice and order will constitute a waiver of all right to an administrative hearing and will be a final determination of the matter.
F. 
A user may appeal the imposition of administrative penalties by filing a written request for appeal with the Superintendent within 10 days from the date of service of the notice in accordance with the appeal provisions set forth in Section 13.08.640.
G. 
Administrative penalties that are not appealed in accordance with the provisions of this chapter shall be paid within 30 days of the date of the notice.
(Ord. 1097 (part), 1981; Ord. 1768, Amended, 8/22/2006)
A. 
Form of Appeal. Any user subject to the imposition of civil penalties pursuant to Section 13.08.620 or administrative penalties pursuant to Section 13.08.630, may appeal from the notice by filing a written request for appeal hearing within applicable time limits. The request for appeal hearing shall contain:
1. 
A brief statement in ordinary and concise language of the specific violation or order protested, together with any material facts claimed to support the contentions of the appellant;
2. 
A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested violation or order should be reversed, modified, or otherwise set aside;
3. 
The signatures of all parties named as appellants and their official mailing addresses, with statements from each appellant that each agrees to accept service of the written notice of the time and place of the appeal hearing and the decision of the Hearing Officer at such address; and
4. 
The verification by declaration under penalty of perjury of at least one appellant as to the truth of the matters stated in the appeal.
B. 
Processing of Appeal. Upon receipt of any appeal filed, the sewer division shall transmit said appeal to a Hearing Officer, who shall calendar it for hearing.
C. 
Noticing of Appeal for Hearing. The appeal shall be scheduled within 30 days of receipt of the request for an appeal. Written notice of the time and place of the appeal hearing shall be given at least 10 calendar days prior to the date of the hearing, by causing a copy of such notice and report to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal.
D. 
Appeal Fee. The sewer division may collect and require an appeal fee to be paid at the time the written notice of appeal is filed. The appeal fee shall be set by resolution of the City Council. The fee shall be calculated to recover the total City costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, Hearing Examiner compensation, preparation and service of notices, and staff appearance in the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed; provided, that the department head may waive or defer the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with any notice or order, and other factors indicating good faith attempts to comply.
E. 
Effect of Failure to Appeal. Failure of any person to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice, order, imposition of penalties, or any portion thereof.
F. 
Staying of Penalty Until Appeal. Enforcement of any civil or administrative penalty shall be stayed while an appeal therefrom, which is properly and timely filed, is pending.
G. 
Any appeal shall be conducted pursuant to the procedures set forth in Section 13.08.600, Show cause hearing. In the case of an appeal to the City Council pursuant to Section 13.08.620.B, the "Hearing Officer" shall be the City Council.
H. 
The decision of the Hearing Officer shall be final except as set forth in Section 13.08.620, and subject only to appeal to the Superior Court by filing with the court a petition for writ of mandate within 30 days following the service of a copy of the Hearing Officer's decision.
(Ord. 1768, Added, 8/22/2006)
In addition to any other penalties or remedies, any user who violates an order of the Hearing Officer or who fails to comply with any provision of this chapter, or any applicable rules, regulations and/or permits or other order issued hereunder, may be subject to enforcement in accordance with the provisions of Chapter 1.16 of this code for each offense.
Each day on which a violation occurs or continues shall be deemed a separate and distinct offense.
The director shall have the authority to issue fines in accordance with this section.
(Ord. 1768, Added, 8/22/2006)
In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations, and permits issued hereunder.
(Ord. 1097 (part), 1981; Ord. 1378 § 1(part), 1989; Ord. 1768, Amended, 8/22/2006)
A. 
Public Nuisance. Discharge of wastewater in any manner in violation of this chapter, or of any order issued by the Director as authorized by this chapter, is hereby declared a public nuisance and shall be corrected or abated as directed by the Superintendent. Any person creating a public nuisance shall be subject to the notification of violation and show cause hearing procedures set forth in Sections 13.08.590 and 13.08.600, respectively, and shall be responsible for all of the costs incurred by the City to abate the nuisance.
(Ord. 1768, Added, 8/22/2006)
The remedies provided for in this chapter are not exclusive except as specified in Sections 13.08.610 and 13.08.620. The Superintendent may take any, all, or a combination of the actions set forth in this chapter against a noncompliant user.
(Ord. 1768, Added, 8/22/2006)
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both.
(Ord. 1097 (part), 1981; Ord. 1768, Amended, 8/22/2006)