[1]
Prior history: Ords. 128, 151, 495, 527, 697 and 776.
1.1 AUTHORIZATION
This Ordinance is enacted by the City of Norco ("the City") pursuant to the authorization of California Government Code Section 54739 et seq., the Clean Water Act (33 USC 1251 et seq.) and the General Pretreatment Regulations (40 CFR 403).
1.2 PURPOSE AND POLICY
The purpose of this Ordinance is to provide for the regulation of wastewater discharges to the City's Sanitary Sewer Wastewater Collection System which are thereafter discharged to the Western Riverside County Wastewater Treatment Plant. The Ordinance authorizes issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires User reporting; and provides for setting of fees for the equitable distribution of costs resulting from the program established herein. The Ordinance establishes procedures for complying with requirements placed upon the City by local, State of California, and federal regulations. This Ordinance sets forth the requirements for Users of the Publicly Owned Treatment Works (POTW) for the Western Riverside County Regional Wastewater Authority (the "Authority"), and enables the City and the Authority to comply with all applicable State and Federal laws, including the Clean Water Act (33 U.S.C. Section 1251 et seq.) and the General Pretreatment Regulations (Title 40 CFR Part 403).
The objectives of this Ordinance are:
1.2.1 To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation;
1.2.2 To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;
1.2.3 To protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
1.2.4 To promote reuse and recycling of industrial wastewater and sludge from the POTW;
1.2.5 To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Publicly Owned Treatment Works; and
1.2.6 To enable the Authority to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use, and disposal requirements, and any other Federal or State laws to which the POTW is subject.
1.3 ADMINISTRATION
This Ordinance shall apply to all discharges, whether direct or indirect, to the City's wastewater system and shall be interpreted in accordance with definitions set forth in Section 1.7 of this Ordinance. This Ordinance provides for the regulation of the quantity and quality of wastewater to be discharged to the regional sewerage system, the degree of waste pretreatment required, the setting of charges to provide for equitable distribution of costs, the issuance of permits for non-domestic wastewater discharge, all other permits as required, and the establishment of penalties for violation of this Ordinance.
It is the intent of this Ordinance to recognize that the City as a Member Agency with a pretreatment program approved by the Authority has the primary responsibility for compliance monitoring and enforcement of the federal, state and locally mandated pretreatment regulations. However, in the event the City does not take appropriate action to enforce Pretreatment standards and Requirements, the Authority has the right to take administrative or legal action. Any powers granted to or duties imposed upon the Administrator may be delegated by the Administrator to a duly authorized individual.
1.4 ORDINANCE IN FORCE
This Ordinance shall be in full force and effect thirty (30) days after final passage thereof.
1.5 DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
Except as otherwise provided herein, the City's Director of Public Works shall administer, implement, and enforce the provisions of this Ordinance.
1.6 ABBREVIATIONS
The following abbreviations, when used in this Ordinance, shall have the designated meanings:
BOD
Biochemical Oxygen Demand
BMP
Best Management Practice
BMR
Baseline Monitoring Report
CERCLA
Comprehensive Environmental Response, Compensation and Liability Act
CFR
Code of Federal Regulations
CIU
Categorical Industrial User
COD
Chemical Oxygen Demand
EPA
U.S. Environmental Protection Agency
gpd
gallons per day
IU
Industrial User
mg/L
milligrams per Liter
µg/L
micrograms per Liter
NPDES
National Pollutant Discharge Elimination System
NSCIU
Non-Significant Categorical Industrial User
POTW
Publicly Owned Treatment Works
RCRA
Resource Conservation and Recovery Act
SIU
Significant Industrial User
SNC
Significant Noncompliance
TSS
Total Suspended Solids
U.S.C.
United States Code
1.7 DEFINITIONS
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Ordinance, shall have the following meanings.
1.7.1 ACT OR "THE ACT." The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.
1.7.2 APPROVAL AUTHORITY. California Regional Water Quality Control Board for the Santa Ana Region.
1.7.3 AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER.
1.7.4.1 If the User is a corporation:
1.7.4.1.1 The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or
1.7.4.1.2 The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge Permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
1.7.4.2 If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively.
1.7.4.3 If the User is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
1.7.4.4 The individuals described in paragraphs 1 through 3, above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Authority.
1.7.4 BIOCHEMICAL OXYGEN DEMAND OR BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/L).
1.7.5 BEST MANAGEMENT PRACTICES OR BMPS means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 2.1 A and B. (40 CFR 403.5(a)(1) and (b)) BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
1.7.6 BOARD OF DIRECTORS, OR THE BOARD. The Board of Directors of the Western Riverside County Regional Wastewater Authority.
1.7.7 CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
1.7.8 CATEGORICAL INDUSTRIAL USER. An Industrial User subject to a categorical Pretreatment Standard or categorical Standard.
1.7.9 CHEMICAL OXYGEN DEMAND OR COD. A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
1.7.10 CITY COUNCIL. The City Council of the City of Norco.
1.7.11 CONTRACTING AGENCY. Any Member Agency or outside entity contracted by the Authority to perform pretreatment program services in another Member Agency's jurisdiction.
1.7.12 CONTROL AUTHORITY. The Western Riverside County Regional Wastewater Authority also referred to as the "Authority."
1.7.13 COUNCIL. Shall mean the City Council of the City of Norco (the "City")
1.7.14 DAILY MAXIMUM. The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
1.7.15 DAILY MAXIMUM LIMIT. The maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
1.7.16 DELIVERY POINT. Shall mean the transfer point at which sewage is delivered from a user into the City's wastewater system.
1.7.17 DIRECT DISCHARGE. Shall mean the intentional or unintentional release of treated or untreated sewage, wastewater or other pollutants into the City's wastewater system.
1.7.18 DIRECTOR. The person, agency and/or entity designated by the City to supervise and manage the operations of the POTW, and who is charged with certain duties and responsibilities by this Ordinance. The term also means a Duly Authorized Representative of the Administrator.
1.7.19 DISPOSAL FACILITIES. Shall mean all facilities owned, controlled and operated by the Authority or City to meet effluent discharge requirements.
1.7.20 DISPOSAL OR DISPOSE. Shall mean any process or method used for the elimination of beneficial use of sewage and any effluent or solid waste residuals thereof, including exportation from the City's service area.
1.7.21 DOMESTIC WASTE HAULER PERMIT. Shall mean a permit issued by the City establishing terms and conditions for discharging vehicular hauled sanitary wastes into the City's wastewater system.
1.7.22 ENVIRONMENTAL PROTECTION AGENCY OR EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
1.7.23 EXISTING SOURCE. Any source of discharge that is not a "New Source."
1.7.24 GRAB SAMPLE. A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.
1.7.25 INDIRECT DISCHARGE OR DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source.
1.7.26 INSTANTANEOUS LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
1.7.27 INTERFERENCE. A Discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
1.7.27.1 Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
1.7.27.2 Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
1.7.28 LOCAL LIMIT. Specific discharge limits developed and enforced by the City or the Authority upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
1.7.29 LOCAL DISCHARGE LIMIT. Shall mean specific prohibitions or pollutant limitations as set forth in Resolution 00-66 of the Authority, and are applied at the point a local industrial user discharges into the City's sewage system.
1.7.30 MAY is permissive
1.7.31 MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
1.7.32 MEMBER AGENCY. City of Corona, City of Norco, Home Gardens Sanitary District, Jurupa Community Services District, Western Municipal Water District.
1.7.33 MONTHLY AVERAGE. The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
1.7.34 MONTHLY AVERAGE LIMIT. The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
1.7.35 NEW SOURCE.
1.7.35.1 Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307(c) of the Act that will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that:
1.7.35.1.1 The building, structure, facility, or installation is constructed at a site at which no other source is located; or
1.7.35.1.2 The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an Existing Source; or
1.7.35.1.3 The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an Existing Source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the Existing Source, should be considered.
1.7.35.2 Construction on a site at which an Existing Source is located results in a modification rather than a New Source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section 1.7.35.1.2 and 1.7.35.1.3 above but otherwise alters, replaces, or adds to existing process or production equipment.
1.7.35.3 Construction of a New Source as defined under this paragraph has commenced if the owner or operator has:
1.7.35.3.1 Begun, or caused to begin, as part of a continuous onsite construction program
(i)
any placement, assembly, or installation of facilities or equipment; or
(ii)
significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or
1.7.35.3.2 Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.
1.7.36 NONCONTACT COOLING WATER. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
1.7.37 ORDINANCE. Shall mean this Ordinance, unless otherwise specified.
1.7.38 PASS THROUGH. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the Authority's NPDES permit, including an increase in the magnitude or duration of a violation.
1.7.39 PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.
1.7.40 PH is a measure of the acidity or alkalinity of a solution, expressed in standard units.
1.7.41 POLLUTANT. Shall include, but is not limited to: dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
1.7.42 PREMISES. Shall mean any lot, parcel of land, building or establishment, either residential, commercial, or industrial, both public and private, including schools, churches, and institutions without limitation.
1.7.43 PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable Pretreatment Standard.
1.7.44 PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a User, other than a Pretreatment Standard
1.7.45 PRETREATMENT STANDARDS OR STANDARDS. Pretreatment Standards shall mean prohibited discharge standards, categorical Pretreatment Standards, and Local Limits.
1.7.46 PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 2.1 of this Ordinance.
1.7.47 PUBLICLY OWNED TREATMENT WORKS OR POTW. The treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), owned by the Authority. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to the treatment plant.
1.7.48 SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
1.7.49 SERVICE AREA. Shall mean all territory now or hereafter provided sewage service by the City.
1.7.50 SEWAGE. Human excrement and gray water (household showers, dishwashing operations, etc.).
1.7.51 SIGNIFICANT INDUSTRIAL USER (SIU). Except as provided in 40 CFR 403.39 (v)(2) and 40 CFR 403.3 (v)(3) of this Section, a Significant Industrial User is:
An Industrial User subject to categorical Pretreatment Standards; or
1.7.51.1 An Industrial User that:
1.7.51.1.1 Discharges an average of twenty five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
1.7.51.1.2 Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
1.7.51.1.3 Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement.
1.7.52 SLUG LOAD OR SLUG DISCHARGE. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 2.1 of this Ordinance. A Slug Discharge is any Discharge of a non routine, episodic nature, including but not limited to an accidental spill or a non customary batch Discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW's regulations, Local Limits or Permit conditions.
1.7.53 STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
1.7.54 TOTAL SUSPENDED SOLIDS OR SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
1.7.55 USER. Any Person who contributes or discharges, or causes or permits the contribution or discharges of wastewater directly or indirectly into the Authority's POTW.
1.7.56 WASTEWATER. Liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
1.7.57 WASTEWATER TREATMENT PLANT OR TREATMENT PLANT. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
(Ord. 1005 Sec. 1, 2016)
2.1 PROHIBITED DISCHARGE STANDARDS
General Prohibitions. No User shall introduce or cause to be introduced into the City any pollutant or wastewater which causes Pass Through or Interference. These general prohibitions apply to all Users of the City whether or not they are subject to categorical Pretreatment Standards or any other National, State, or local Pretreatment Standards or Requirements.
2.1.1 Specific Prohibitions. No User shall introduce or cause to be introduced into the City the following pollutants, substances, or wastewater:
2.1.2 Pollutants which create a fire or explosive hazard in the City, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21;
2.1.3 Wastewater having a pH less than 5.0 or more than 10.0, or otherwise causing corrosive structural damage to the POTW or equipment;
2.1.4 Solid or viscous pollutants in amounts which will cause obstruction of the flow in the City resulting in Interference, but in no case solids greater than one-half of an inch (1/2") or 1.2 centimeters (1.2 cm) in any dimension;
2.1.5 Pollutants, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause Interference with the City;
2.1.6 Wastewater having a temperature greater than 140 degrees F (60 degrees C), or which will inhibit biological activity in the treatment plant resulting in Interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees F (40 degrees C);
2.1.7 Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through, or in amounts that exceed any Local Limit;
2.1.8 Pollutants which result in the presence of toxic gases, vapors, or fumes within the City in a quantity that may cause acute worker health and safety problems;
2.1.9 Any trucked or hauled pollutants, except at discharge points designated by the Administrator in accordance with Section 3.54 of this Ordinance;
2.1.10 Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
2.1.11 Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit;
2.1.12 Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;
2.1.13 Storm Water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, Noncontact Cooling Water, and unpolluted wastewater, unless specifically authorized by the Director;
2.1.14 Sludges, screenings, or other residues from the pretreatment of industrial wastes;
2.1.15 Medical Wastes, except as specifically authorized by the Director in an individual wastewater discharge permit;
2.1.16 Any infectious waste except where prior written approval for such discharges is given by the Director.
2.1.17 Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test;
2.1.18 Detergents, surface active agents, or other substances that might cause excessive foaming in the City;
2.1.19 Any solids, liquids, gases, devices, or explosives which by their very nature or quantity are or may be sufficient either alone or by interaction with other substances or sewage to cause fire or explosion hazards, exceed 10% of the lower explosive limit (LEL) at the point of discharge or in the collection system, or in any other way create imminent danger to contract wastewater personnel, WRCRWA's POTW, the environment or public health.
2.1.20 Any hazardous waste or toxic substance including, but not limited to those listed in 40 CFR Part 300.5 or any substance designated pursuant to Section 311 (b)(2)(A) of the Act, or any element, compound, mixture, solution or substance designated pursuant to Section 102 of the Comprehensive Environmental Response, Compensation And Liability Act, any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act, any Toxic Pollutant listed under Section 307(a) of the Act, any hazardous air pollutant listed under Section 112 of the Clean Air Act, any eminently hazardous chemical toxic substance or mixture which the EPA has taken action pursuant to Section 7 of the Toxic Substances Control Act, or any Hazardous Waste as defined in 40 CFR Part 261.3 or Title 22 of the California Code of Regulations.
Pollutants, substances, or wastewater prohibited by this Section shall not be processed or stored in such a manner that they could be discharged to the POTW.
2.2 NATIONAL CATEGORICAL PRETREATMENT STANDARDS
Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405–471.
2.2.1 Where a categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Administrator may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
2.2.2 When the limits in a categorical Pretreatment Standard are expressed only in terms of mass of pollutant per unit of production, the Administrator may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual Industrial Users.
2.2.3 When wastewater subject to a categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the Director shall impose an alternate limit in accordance with 40 CFR 403.6(e).
2.3 LOCAL LIMITS
2.3.1 The City shall establish qualitative or other limitations or restrictions applicable to Wastewater or Sanitary Wastes when, in its judgment, it is necessary to protect the Sewerage System. Wastewater or Sanitary Waste Discharges in excess of the limits established by the City, Authority or any State of California law or applicable Federal Categorical Pretreatment Standard shall constitute excessive concentrations or quantities prohibited by Section 2.1. The City shall promulgate and maintain a list of limitations established for restricted wastes which are generally applicable to all Domestic Waste Haulers.
The City may establish qualitative limitations for Domestic Waste Haulers, or Users that are not within the jurisdiction of a Member Agency that is implementing a pretreatment program pursuant to the Regional Pretreatment Agreement which, because of their location, quantity, or quality of discharge, can degrade the quality of wastewater treatment plant effluent or residue or air quality to a level that prevents or inhibits efforts to reuse or dispose of the water or residue or cause any unusual operation or maintenance problems in the Regional Sewerage System.
2.3.2 The pollutant limits are established to protect against Pass Through and Interference. No User shall discharge wastewater containing in excess of the Daily Maximum Limit adopted in the WRCRWA Board of Directors Resolution 00-66.
The Director may impose mass limitations in addition to the concentration based limitations adopted in Resolution 00-66.
2.4 CITY'S RIGHT OF REVISION
The City reserves the right to establish, by Ordinance or in individual wastewater discharge permits, more stringent Standards or Requirements on discharges to the POTW consistent with the purpose of this Ordinance.
2.5 DILUTION
No User shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable Pretreatment Standard or Requirement. The 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.
(Ord. 1005 Sec. 2, 2016)
3.1 PRETREATMENT FACILITIES
Users shall provide wastewater treatment as necessary to comply with this Ordinance and shall achieve compliance with all categorical Pretreatment Standards, Local Limits, and the prohibitions set out in Section 2.1 of this Ordinance within the time limitations specified by EPA, the State, or the Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the User's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Administrator for review, and shall be acceptable to the Director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the User from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Ordinance.
3.2 ADDITIONAL PRETREATMENT MEASURES
3.2.1 Whenever deemed necessary, the Director may require Users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the User's compliance with the requirements of this Ordinance.
3.2.2 The Director may require any User discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization.
3.2.3 Grease, oil, and sand interceptors shall be provided when, in the opinion of the Administrator, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the Administrator and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be installed, cleaned, and repaired by the User at their expense.
3.3 ACCIDENTAL DISCHARGE/SLUG DISCHARGE CONTROL PLANS
The Director shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control Slug Discharges. The Director may require any User to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control Slug Discharges. Alternatively, the Director may develop such a plan for any User. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
3.3.1 Description of discharge practices, including non-routine batch discharges;
3.3.2 Description of stored chemicals;
3.3.3 Procedures for immediately notifying the Administrator of any accidental or Slug Discharge, as required by Section 6.6 of this Ordinance; and
3.3.4 Procedures to prevent adverse impact from any accidental or Slug Discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
3.4 BYPASS
3.4.1 For the purposes of this Section;
3.4.1.1 Bypass means the intentional diversion of wastestreams from any portion of a User's treatment facility.
3.4.1.2 Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
3.4.1.3 A User may allow any bypass to occur which does not cause Pretreatment Standards or Requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of 3.4.2 and 3.4.3 of this Section.
3.4.2 Bypass Notifications
3.4.2.1 If a User knows in advance of the need for a bypass, it shall submit prior notice to the Director ten (10) days before the date of the bypass, if possible.
3.4.2.2 A User shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable Pretreatment Standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the User becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.
3.4.3 Bypass
3.4.3.1 Bypass is prohibited, and the Director may take an enforcement action against a User for a bypass, unless:
3.4.3.2 Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
3.4.3.3 There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
3.4.3.4 The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in paragraph D (1) of this section.
3.6 HAULED WASTEWATER
3.4.4 Septic tank waste may be introduced into the City collection system only at locations designated by the Director and at such times as are established by the Director. Such waste shall not violate Section 2 of this Ordinance or any other requirements established by the City or the Authority. The Director may require septic tank waste haulers to obtain individual wastewater discharge permits.
3.4.5 The Director may require haulers of industrial waste to obtain individual wastewater discharge permits. The Director may require generators of hauled industrial waste to obtain individual wastewater discharge permits. The Director also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this Ordinance.
3.4.6 Industrial waste haulers may discharge loads only at locations designated by the Director. No load may be discharged without prior consent of the Director. The Director may collect samples of each hauled load to ensure compliance with applicable Standards. The Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.
3.4.7 Industrial waste haulers must provide a waste tracking (manifest) form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
(Ord. 1005 Sec. 3, 2016)
4.1 WASTEWATER ANALYSIS
When requested by the Director, a User must submit information on the nature and characteristics of its wastewater within ten (10) days of the request. The Director is authorized to prepare a form for this purpose and may periodically require Users to update this information.
4.2 INDIVIDUAL WASTEWATER DISCHARGE PERMIT REQUIREMENT
4.2.1 No Significant Industrial User shall discharge wastewater into the City Sanitary Sewer System without first obtaining an individual wastewater discharge permit from the Director, except that a Significant Industrial User that has filed a timely application pursuant to Section 4.3 of this Ordinance may continue to discharge for the time period specified therein.
4.2.2 The Director may require other Users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this Ordinance.
4.2.3 Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this Ordinance and subjects the wastewater discharge permittee to the sanctions set out in Sections 10 through 12 of this Ordinance. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State Pretreatment Standards or Requirements or with any other requirements of Federal, State, and local law.
4.3 INDIVIDUAL WASTEWATER DISCHARGE PERMITTING: EXISTING CONNECTIONS
Any User required to obtain an individual wastewater discharge permit who was discharging wastewater into the City prior to the effective date of this Ordinance and who wishes to continue such discharges in the future, shall, within one hundred twenty (120) days after said date, apply to the Director for an individual wastewater discharge permit in accordance with Section 4.5 of this Ordinance, and shall not cause or allow discharges to the City Sanitary Sewer System to continue after one hundred twenty (120) of the effective date of this Ordinance except in accordance with an individual wastewater discharge permit issued by the Director.
4.4 INDIVIDUAL WASTEWATER DISCHARGE PERMITTING: NEW CONNECTIONS
Any User required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the City Sanitary Sewer System must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with Section 4.5 of this Ordinance, must be filed at least sixty (60) days prior to the date upon which any discharge will begin or recommence.
4.5 INDIVIDUAL WASTEWATER DISCHARGE PERMIT APPLICATION CONTENTS
4.5.1 All Users required to obtain an individual wastewater discharge permit must submit a permit application. The Director may require Users to submit all or some of the following information as part of a permit application:
4.5.1.1 Identifying Information.
4.5.1.1.1 The name and address of the facility, including the name of the operator and owner.
4.5.1.1.2 Contact information, description of activities, facilities, and plant production processes on the premises;
4.5.1.2 Environmental Permits. A list of any environmental control permits held by or for the facility.
4.5.1.3 Description of Operations.
4.5.1.1.1 A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such User. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.
4.5.1.1.2 Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
4.5.1.1.3 Number and type of employees, hours of operation, and proposed or actual hours of operation;
4.5.1.1.4 Type and amount of raw materials processed (average and maximum per day);
4.5.1.1.5 Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;
4.5.1.4 Time and duration of discharges;
4.5.1.5 The location for monitoring all wastes covered by the permit;
4.5.1.6 Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in Section 2.2C (40 CFR 403.6(e)).
4.5.1.7 Measurement of Pollutants.
4.5.1.7.1 The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the Standard or by the Administrator of regulated pollutants in the discharge from each regulated process.
4.5.1.7.2 Instantaneous, Daily Maximum, and long-term average concentrations, or mass, where required, shall be reported.
4.5.1.7.3 The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 6.9 of this Ordinance. Where the Standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the Administrator or the applicable Standards to determine compliance with the Standard.
4.5.1.7.4 Sampling must be performed in accordance with procedures set out in Section 6.10 of this Ordinance.
4.5.1.8 Any other information as may be deemed necessary by the Director to evaluate the permit application.
4.5.2 Incomplete or inaccurate applications will not be processed and will be returned to the User for revision.
4.6 APPLICATION SIGNATORIES AND CERTIFICATIONS
4.6.1 All wastewater discharge permit applications, User reports and certification statements must be signed by an Authorized Representative of the User and contain the certification statement in Section 6.13.
4.6.2 If the designation of an Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the Director prior to or together with any reports to be signed by an Authorized Representative.
4.7 INDIVIDUAL WASTEWATER DISCHARGE PERMIT DECISIONS
The Director will evaluate the data furnished by the User and may require additional information. Within sixty (60) days of receipt of a complete permit application, the Administrator will determine whether to issue an individual wastewater discharge permit. The Director may deny any application for an individual wastewater discharge permit.
(Ord. 1005 Sec. 4, 2016)
5.1 INDIVIDUAL WASTEWATER DISCHARGE PERMIT DURATION
An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.
5.2 INDIVIDUAL WASTEWATER DISCHARGE PERMIT CONTENTS
An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent Pass Through or Interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
5.2.1 Individual wastewater discharge permits must contain:
5.2.1.1 A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;
5.2.1.2 A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 5.4 of this Ordinance, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
5.2.1.3 Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards;
5.2.1.4 Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law.
5.2.1.5 A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.
5.2.1.6 Requirements to control Slug Discharge, if determined by the Administrator to be necessary.
5.2.2 Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:
5.2.2.1 Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
5.2.2.2 Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
5.2.2.3 Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
5.2.2.4 Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
5.2.2.5 A reference to a Rate Resolution that sets the unit charge or schedule of User charges and fees for the management of the wastewater discharged to the POTW;
5.2.2.6 Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
5.2.2.7 A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State Pretreatment Standards, including those which become effective during the term of the individual wastewater discharge permit; and
5.2.2.8 Other conditions as deemed appropriate by the Administrator to ensure compliance with this Ordinance, and State and Federal laws, rules, and regulations.
5.3 Permit Modification
5.3.1 The Director may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
5.3.1.1 To incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements;
5.3.1.2 To address significant alterations or additions to the User's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;
5.3.1.3 A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
5.3.1.4 Information indicating that the permitted discharge poses a threat to the Authority's POTW, Authority's personnel, or the receiving waters;
5.3.1.5 Violation of any terms or conditions of the individual wastewater discharge permit;
5.3.1.6 Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
5.3.1.7 Revision of or a grant of variance from categorical Pretreatment Standards pursuant to 40 CFR 403.13;
5.3.1.8 To correct typographical or other errors in the individual wastewater discharge permit; or
5.3.1.9 To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 5.4.
5.3.2 The Director may modify a general permit for good cause, including, but not limited to, the following reasons:
5.3.2.1 To incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements;
5.3.2.2 A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
5.3.2.3 To correct typographical or other errors in the individual wastewater discharge permit; or
5.3.2.4 To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 5.4.
5.4 Individual Wastewater Discharge Permit Transfer
Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least ninety (90) days advance notice to the Director and the Director approves the individual wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which:
5.4.1 States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
5.4.2 Identifies the specific date on which the transfer is to occur; and
5.4.3 Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.
5.4.4 Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.
5.5 Individual Wastewater Discharge Permit Revocation
The Director may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
5.5.1 Failure to notify the Administrator of significant changes to the wastewater prior to the changed discharge;
5.5.2 Failure to provide prior notification to the Administrator of changed conditions pursuant to Section 6.5 of this Ordinance;
5.5.3 Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
5.5.4 Falsifying self monitoring reports and certification statements;
5.5.5 Tampering with monitoring equipment;
5.5.6 Refusing to allow the Administrator timely access to the facility premises and records;
5.5.7 Failure to meet effluent limitations;
5.5.8 Failure to pay fines;
5.5.9 Failure to pay sewer charges;
5.5.10 Failure to meet compliance schedules;
5.5.11 Failure to complete a wastewater survey or the wastewater discharge permit application;
5.5.12 Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
5.5.13 Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or this Ordinance.
Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a User are void upon the issuance of a new individual wastewater discharge permit to that User.
5.6 Individual Wastewater Discharge Permit Reissuance
A User with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 4.5 of this Ordinance, a minimum of ninety (90) days prior to the expiration of the User's existing individual wastewater discharge permit.
5.7 Regulation of Waste Received from Other Jurisdictions
5.7.1 If another municipality, or User located within another municipality, contributes wastewater to the POTW, the Administrator shall enter into an inter-municipal agreement with the contributing municipality.
5.7.2 Prior to entering into an agreement required by Section 5.7.1, the Director shall request the following information from the contributing user:
5.7.2.1 A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
5.7.2.2 An inventory of all Users located within the contributing municipality that are discharging to the POTW; and
5.7.2.3 Such other information as the Administrator may deem necessary.
5.7.3 An inter-municipal agreement, as required by Section 5.7.1 shall contain the following conditions:
5.7.3.1 A requirement for the contributing municipality to adopt a sewer use Ordinance which is at least as stringent as this Ordinance and Local Limits, including required Baseline Monitoring Reports (BMRs) which are at least as stringent as those set out in Section 2.3 of this Ordinance. The requirement shall specify that such Ordinance and limits must be revised as necessary to reflect changes made to the Authority's Ordinance or Local Limits;
5.7.3.2 A requirement for the contributing municipality to submit a revised User inventory on at least an annual basis;
5.7.3.3 A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Authority; and which of these activities will be conducted jointly by the contributing municipality and the Authority;
5.7.3.4 A requirement for the contributing municipality to provide the Administrator with access to all information that the contributing municipality obtains as part of its pretreatment activities;
5.7.3.5 Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;
5.7.3.6 Requirements for monitoring the contributing municipality's discharge;
5.7.3.7 A provision ensuring the Administrator access to the facilities of Users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Authority; and
5.7.3.8 A provision specifying remedies available for breach of the terms of the inter-municipal agreement.
(Ord. 1005 Sec. 5, 2016)
6.1 Baseline Monitoring Reports
6.1.1 Within either one hundred eighty (180) days after the effective date of a categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a) (4), whichever is later, existing Categorical Industrial Users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the information listed in Section 6.1.2, below. At least ninety (90) days prior to commencement of their discharge, New Sources, and sources that become Categorical Industrial Users subsequent to the promulgation of an applicable categorical Standard, shall submit to the Administrator a report which contains the information listed in Section 6.1.2, below. A New Source shall report the method of pretreatment it intends to use to meet applicable categorical Standards. A New Source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
6.1.2 Users described above shall submit the information set forth below.
6.1.2.1 All information required in Section 4.5.1.1, Section 4.5.1.2, Section 4.5.5.1.1.1, and Section 4.5.1.6. (See 40 CFR 403.12(b) (1)-(7))
6.1.2.2 Measurement of pollutants.
6.1.2.2.1 The User shall provide the information required in Section 4.5.1.7.1 through 4.5.1.7.4.
6.1.2.2.2 The User shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.
6.1.2.2.3 Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the User should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the Control Authority;
6.1.2.2.4 Sampling and analysis shall be performed in accordance with Sections 6.9 and 6.10;
6.1.2.2.5 The Director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
6.1.2.2.6 The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant Discharges to the POTW.
6.1.2.3 Compliance Certification. A statement, reviewed by the User's Authorized Representative as defined in Section 1.7.3 and certified by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the Pretreatment Standards and Requirements.
6.1.2.4 Compliance Schedule. 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 and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. A compliance schedule pursuant to this Section must meet the requirements set out in Section 6.2 of this Ordinance.
6.1.2.5 Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 6.13 of this Ordinance and signed by an Authorized Representative as defined in Section 1.7.3.
6.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by Section 6.1.2.4 of this Ordinance:
6.2.1 The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to meet the applicable Pretreatment Standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
6.2.2 No increment referred to above shall exceed nine (9) months;
6.2.3 The User shall submit a progress report to the Administrator no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the User to return to the established schedule; and
6.2.4 In no event shall more than nine (9) months elapse between such progress reports to the Authority.
6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline
Within ninety (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 City system, any User subject to such Pretreatment Standards and Requirements shall submit to the Director a report containing the information described in Section 4.5.1.6 and 4.5.1.7 and 6.1.2.2 of this Ordinance. For Users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 2.2 (See 40 CFR 403.6(c)), this report shall contain a reasonable measure of the User's long term production rate. For all other Users subject to categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the User's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 6.13 of this Ordinance. All sampling will be done in conformance with Section 6.10.
6.4 Periodic Compliance Reports
6.4.1 All Significant Industrial Users must, at a frequency determined by the Administrator submit no less than twice per year (i.e., June and December) reports indicating the nature, concentration of pollutants in the discharge which are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the User must submit documentation required by the Director or the Pretreatment Standard necessary to determine the compliance status of the User.
6.4.2 All periodic compliance reports must be signed and certified in accordance with Section 6.13 of this Ordinance.
6.4.3 All wastewater samples must be representative of the User's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge.
6.4.4 If a User, subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director using the procedures prescribed in Section 6.10 of this Ordinance, the results of this monitoring shall be included in the report. (See 40 CFR 403.12(g)(6)).
6.5 Reports of Changed Conditions
Each User must notify the Director of any significant changes to the User's operations or system which might alter the nature, quality, or volume of its wastewater at least ninety (90) days before the change.
6.5.1 The Director may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 4.5 of this Ordinance.
6.5.2 The Director may issue an individual wastewater discharge permit under Section 4.7 of this Ordinance or modify an existing wastewater discharge permit under Section 5.3.1.4 of this Ordinance in response to changed conditions or anticipated changed conditions.
6.6 Reports of Potential Problems
6.6.1 In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a Slug Discharge or Slug Load, that might cause potential problems for the POTW, the User shall immediately telephone and notify the Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the User.
6.6.2 Within five (5) days following such discharge, the User shall, unless waived by the Director submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not relieve the User of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the User of any fines, penalties, or other liability which may be imposed pursuant to this Ordinance.
6.6.3 A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Section 6.6.1, above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
6.6.4 Significant Industrial Users are required to notify the Director immediately of any changes at its facility affecting the potential for a Slug Discharge.
6.7 Reports from Unpermitted Users
All Users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Director as the Director may require.
6.8 Notice of Violation/Repeat Sampling and Reporting
If sampling performed by a User indicates a violation, the User must notify the Director within twenty four (24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. Resampling by the Industrial User is not required if the City performs sampling at the User's facility at least once a month, or if the City performs sampling at the User's facility between the time when the initial sampling was conducted and the time when the User or the City receives the results of this sampling, or if the Authority has performed the sampling and analysis in lieu of the Industrial User.
6.9 Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Director or other parties approved by EPA.
6.10 Sample Collection
Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
6.10.1 Except as indicated in Section 6.10.2 and 6.10.3 below, the User must collect wastewater samples using 24 hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the City. Where time proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24 hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits. See 40 CFR 403.12(g)(3).
6.10.2 Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
6.10.3 For sampling required in support of baseline monitoring and 90 day compliance reports required in Section 6.1 and 6.3 [40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Director may authorize a lower minimum. For the reports required by paragraphs Section 6.4 (40 CFR 403.12(e) and 403.12(h)), the Industrial User is required to collect the number of grab samples necessary to assess and assure compliance with applicable Pretreatment Standards and Requirements. See 40 CFR 403.12(g)(4).
6.11 Date of Receipt of Reports
Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
6.12 Recordkeeping
Users subject to the reporting requirements of this Ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Ordinance, any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and documentation associated with Best Management Practices established under Section 6.4. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the User or the City, or where the User has been specifically notified of a longer retention period by the City.
6.13 Certification Statements
Certification of Permit Applications, User Reports and Initial Monitoring Waiver—The following certification statement is required to be signed and submitted by Users submitting permit applications in accordance with Sections 4.6; Users submitting baseline monitoring reports under Section 6.1.2.5 (See 40 CFR 403.12 (l)); Users submitting reports on compliance with the Categorical Pretreatment Standard deadlines under Section 6.3 (See 40 CFR 403.12(d)); and Users submitting Periodic Compliance Reports required by Section 6.4.1 through 6.4.4 (See 40 CFR 403.12(e)) The following certification statement must be signed by an Authorized Representative as defined in Section 1.7.3:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(Ord. 1005 Sec. 6, 2016)
7.1 Right of Entry: Inspection and Sampling
The Director shall have the right to enter the premises of any User to determine whether the User is complying with all requirements of this Ordinance and any individual wastewater discharge permit or order issued hereunder. Users shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
7.1.1 Where a User has security measures in force which require proper identification and clearance before entry into its premises, the User shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director shall be permitted to enter without delay for the purposes of performing specific responsibilities.
7.1.2 The Director shall have the right to set up on the User's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the User's operations.
7.1.3 The Director may require the User to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the User at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at the frequency recommended by the device manufacturer to ensure their accuracy.
7.1.4 Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the User at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be paid for by the User.
7.1.5 Unreasonable delays in allowing the Director access to the User's premises shall be a violation of this Ordinance.
7.2 Inspection Warrants
If the City is 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 Ordinance, or 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 Ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of community, then the City may seek issuance of a search or inspection warrant from a court of competent jurisdiction.
(Ord. 1005 Sec. 7, 2016)
Information and data on a User obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the Director's inspection and sampling activities, shall be available to the public without restriction, unless the User specifically requests, and is able to demonstrate to the satisfaction of the Director that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the User furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the User furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.
(Ord. 1005 Sec. 8, 2016)
9.1 Significant Noncompliance (SNC)
The Director shall publish annually, in a newspaper of general circulation that provides meaningful public notice, a list of the Users served by the City which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements. The term Significant Noncompliance shall be applicable to all Significant Industrial Users (or any other Industrial User that violates Sections 9.1.3, 9.1.4 or 9.1.8) and shall mean:
9.1.1 Chronic violations of wastewater discharge limits, defined here as those in which sixty six percent (66%) or more of all the measurements taken for the same pollutant parameter taken 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)).
9.1.2 Technical Review Criteria (TRC) violations, defined here as those in which thirty three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals 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, oils and grease, and 1.2 for all other pollutants except pH);
9.1.3 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 Director determines has caused, alone or in combination with other discharges, Interference or Pass Through, including endangering the health of POTW personnel or the general public;
9.1.4 Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Director's exercise of its emergency authority (under 40 CFR 403.8(f)(1)(vi)(B)) to halt or prevent such a discharge;
9.1.5 Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit, or enforcement order for starting construction, completing construction, or attaining final compliance;
9.1.6 Failure to provide within forty five (45) days after the due date, any required reports, including baseline monitoring reports, 90-day compliance reports, periodic self monitoring reports, and reports on compliance with compliance schedules;
9.1.7 Failure to accurately report noncompliance; or
9.1.8 Any other violation(s), which may include a violation of Best Management Practices, which the Director determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 1005 Sec. 9, 2016)
10.1 Notification of Violation
When the Director finds that a User has violated, or continues to violate, any provision of this Ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may serve upon that User a written Notice of Violation. Within ten (10) days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the User to the City. Submission of such a plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
10.2 Consent Orders
The Director may enter into Consent Orders, assurances of compliance, or other similar documents establishing an agreement with any User responsible for noncompliance. Such documents shall include specific action to be taken by the User to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 10.4 and 10.5 of this Ordinance and shall be judicially enforceable.
10.3 Show Cause Hearing
The Director may order a User which has violated, or continues to violate, any provision of this Ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by certified mail (return receipt requested) at least twenty (20) days prior to the hearing. Such notice may be served on any Authorized Representative of the User as defined in Section 1.7.3 and required by Section 4.6.1. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the User.
10.4 Compliance Orders
When the Director finds that a User has violated, or continues to violate, any provision of this Ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may issue an order to the User responsible for the discharge directing that the User come into compliance within a specified time. If the User does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the User of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the User.
10.5 Cease and Desist Orders
When the Director finds that a User has violated, or continues to violate, any provision of this Ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, or that the User's past violations are likely to recur, the Director may issue an order to the User directing it to cease and desist all such violations and directing the User to:
10.5.1 Immediately comply with all requirements; and
10.5.2 Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the User.
10.6 Administrative Civil Penalties
10.6.1 Pursuant to authority of California Government Code, Sections 54740.5 and 54740.6, the Director may issue an administrative complaint to any User who violates:
10.6.1.1 any provision of this Ordinance;
10.6.1.2 any Permit condition, prohibition or effluent limit; or
10.6.1.3 any Permit suspension or revocation order.
10.6.2 The administrative complaint shall be served by personal delivery or certified mail to the User and shall inform the User that a hearing will be conducted on a date which shall be within sixty (60) days following service. The administrative complaint will allege the act or failure to act that constitutes the violation of the City's requirements, the provisions of law authorizing civil liabilities to be imposed, and the proposed civil penalty. The matter shall be heard by the City Council. The User to whom an administrative complaint has been issued may waive the right to a hearing, in which case a hearing will not be conducted.
10.6.3 At the hearing, the User shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence.
10.6.4 After the conclusion of the hearing, the City Council shall make its determination. Should it find that grounds exist for assessment of a civil penalty against the User, it shall issue a decision and order in writing within thirty (30) calendar days after the conclusion of the hearing.
10.6.5 If it is found that the User has violated reporting or discharge requirements, the City Council may assess a civil penalty against the User. In determining the amount of the civil penalty, the 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 non-compliance, 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 User involved.
10.6.6 Civil penalties may be assessed as follows:
10.6.6.1 In an amount no less than one thousand dollars ($1,000) per violation, per day, which shall not exceed two thousand dollars ($2,000) for each day for failing or refusing to furnish technical or monitoring reports;
10.6.6.2 In an amount no less than one thousand dollars ($1,000) per violation, per day, which shall not exceed three thousand dollars ($3,000) for each day for failing or refusing to comply timely with any compliance schedules established by the Authority;
10.6.6.3 In an amount no less than one thousand dollars ($1,000) per violation, per day, which shall not exceed five thousand dollars ($5,000) per violation for each day of discharge in violation of any waste discharge limit, Permit condition, or requirement issued, reissued or adopted by the City.
10.6.6.4 In any amount which does not exceed ten dollars ($10) per gallon for discharges in violation of any Permit suspension, Permit revocation, cease and desist order or other orders, or prohibition issued, reissued or adopted by the City.
10.6.6.5 An order assessing administrative civil penalties issued by the City Council shall be final upon issuance.
10.6.6.6 Copies of the administrative order shall be served on the User served with the administrative complaint, either by personal service or by registered mail to the User at his business or residence address, and upon other persons who appeared at the hearing and requested a copy of the order.
10.6.6.7 Any User aggrieved by a final order issued by the City Council, may obtain review of the final order of the City Council in the superior court, pursuant to Government Code, Section 54740.6, by filing with the court a petition for writ of mandate within thirty (30) days following the service of a copy of the decision or order issued by the City Council.
10.6.7 Payment on any order setting administrative civil penalties shall be made within thirty (30) days after the date the order becomes final. The amount of any administrative civil penalties imposed which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the User from which the discharge resulting in the imposition of the civil penalty originated. The lien shall have no effect until recorded with the county recorder. The City may record the lien for any unpaid administrative civil penalties on the ninety-first (91st) day following the date the order becomes final.
10.6.8 No administrative civil penalties shall be recoverable for any violation for which the City has recovered civil penalties through a judicial proceeding filed pursuant to Government Code, Section 54740.
10.6.9 Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the User.
10.7 Non-Compliance Costs
The City shall recover its attorneys' fees and costs incurred in processing notices of violation and in performing sampling, monitoring, or laboratory analysis related to any violations of the Ordinance or Permit by any User.
Non-Compliance costs shall be in addition to and not in lieu of any civil or criminal liability specified in this Ordinance.
10.8 Recovery of Costs for Damage
In the event that a User causes any damage to the Authority's POTW, the User shall be liable for all costs, including administrative and legal costs, incurred by the Authority.
10.9 Emergency Suspensions
The Director may immediately suspend a User's discharge, after informal notice to the User, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The Director may also immediately suspend a User's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
10.9.1 Any User notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a User's failure to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Director may allow the User to recommence its discharge when the User has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings in Section 10.10 of this Ordinance are initiated against the User.
10.9.2 A User that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Director, prior to the date of any show cause or termination hearing under Sections 10.3 or 10.10 of this Ordinance.
Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency Suspension under this Section.
10.10 Termination of Discharge
In addition to the provisions in Section 5.5 of this Ordinance, any User who violates the following conditions is subject to discharge termination:
10.10.1 Violation of individual wastewater discharge permit conditions;
10.10.2 Failure to accurately report the wastewater constituents and characteristics of its discharge;
10.10.3 Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
10.10.4 Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, or sampling; or
10.10.5 Violation of the Pretreatment Standards in Section 2 of this Ordinance.
Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 10.3 of this Ordinance why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the User.
(Ord. 1005 Sec. 10, 2016)
11.1 Injunctive Relief
When the Director finds that a User has violated, or continues to violate, any provision of this Ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may petition the Riverside County Superior Court through the City's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this Ordinance on activities of the User. The Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the User to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a User.
11.2 Civil Penalties
11.2.1 A User who has violated, or continues to violate, any provision of this Ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall be liable to the City for a maximum civil penalty of not less than $1,000 per violation, per day. In the case of a monthly or other long term average discharge limit, penalties shall accrue for each day during the period of the violation.
11.2.2 The Director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.
11.2.3 In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the User's violation, corrective actions by the User, the compliance history of the User, and any other factor as justice requires.
11.2.4 Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a User.
11.3 Criminal Penalties
Any User who violates any provision of this Ordinance is guilty of a misdemeanor, which upon conviction is punishable by a fine not to exceed $1,000, or imprisonment for not more than thirty (30) days, or both. Each day in which a violation occurs shall be subject to the penalties contained herein.
11.4 Remedies Nonexclusive
The remedies provided for in this Ordinance are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant User. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the Director may take other action against any User when the circumstances warrant. Further, the Administrator is empowered to take more than one enforcement action against any noncompliant User.
(Ord. 1005 Sec. 11, 2016)
12.1 Penalties for Late Reports
A penalty of $250 may be assessed to any User for each day that a report required by this Ordinance, a permit, or order issued hereunder is late, beginning five days after the date the report is due. Actions taken by the Director to collect late reporting penalties shall not limit the Director's authority to initiate other enforcement actions that may include penalties for late reporting violations.
12.2 Performance Bonds
The Director may decline to issue or reissue an individual wastewater discharge permit to any User who has failed to comply with any provision of this Ordinance, a previous individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, unless such User first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance.
12.3 Liability Insurance
The Director may decline to issue or reissue an individual wastewater discharge to any User who has failed to comply with any provision of this Ordinance, a previous individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, unless the User first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.
12.4 Payment of Outstanding Fees and Penalties
The Director may decline to issue or reissue an individual wastewater discharge permit to any User who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this Ordinance, a previous individual wastewater discharge Permit, or order issued hereunder.
12.5 Public Nuisances
A violation of any provision of this Ordinance, an individual wastewater discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement is hereby declared and deemed a public nuisance and shall be corrected or abated as directed by the City. Any violation shall be subject to preliminary or permanent injunctive relief. Any User creating a public nuisance shall be required to reimburse the City for any attorneys' fees and costs incurred in removing, abating, or remedying such nuisance.
12.6 Informant Rewards
The Director may pay up to $500 for information leading to the discovery of non-compliance by a User. In the event the information provided results in a civil penalty or administrative fine levied against the User, the Director may reimburse up to 10% of the collected fine or penalty to the Informant; provided, however, a single reward payment may not exceed $2,500.00.
12.7 Illegal Connection
Any connections made to the City's POTW without complying with this Ordinance and paying all fees and charges required is illegal and a public nuisance. In the event of an illegal connection:
12.7.1 The City may enter the property where the illegal connection is located and disconnect any illegal connection from a sewer line contributory to the City's POTW. Should disconnection be necessary all costs incurred by the City including reasonable attorneys' fees shall be recoverable by the City.
12.7.2 At the discretion of the Director, after application for permit is made, the illegal connection may be allowed to continue by first determining that no harm has been done by the connection, and if the connection was properly made.
12.7.3 Any repairs must be fully effected at the sole expense of the User and a penalty of double the permit, inspection and connection fees, as established by the appropriate Rate Resolution, may be assessed by the Director.
12.7.4 In addition, all unpaid sewer charges, assessments, capacity charges or other charges shall be computed from the date the illegal connection was made and shall be paid by the User.
12.8 Protection from Damage
No User shall intentionally or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the City's POTW. Any User violating this provision shall be guilty of a misdemeanor and subject to the penalties provided by law. Any User who knowingly makes any false statements, representation, record, report, plan, or other document filed with the City or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Ordinance shall be guilty of a misdemeanor and shall be subject to the penalties provided by law or in the alternative shall be subject to administrative civil liability under this Ordinance.
12.9 Falsifying Information
Any User who knowingly makes any false statement, representation, record, report, plan or other document filed with the City or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Ordinance shall be guilty of a misdemeanor and shall be subject to the penalties provided by law or in the alternative, shall be subject to administrative civil liability under this Ordinance.
(Ord. 1005 Sec. 12, 2016)
13.1 Pretreatment Charges and Fees
Application and renewal fees shall be established from time to time by Resolution of the Norco City Council. Failure to pay the permit renewal fee prior to the permit expiration shall be cause for termination of service. The City may adopt reasonable fees for reimbursement of costs of setting up and operating the City's Pretreatment Program, which may include:
13.1.1 Fees for wastewater discharge permit applications including the cost of processing such applications;
13.1.2 Fees for monitoring, pretreatment inspection, and surveillance procedures including the cost of collection and analyzing a User's discharge, and reviewing monitoring reports and certification statements submitted by Users;
13.1.3 Fees for reviewing and responding to accidental discharge procedures and construction;
13.1.4 Fees for filing appeals;
13.1.5 Fees to recover administrative and legal costs (not included in Section 13) associated with the enforcement activity taken by the Director to address IU noncompliance; and
13.1.6 Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this Ordinance and are separate from all other fees, fines, and penalties chargeable by the City.
13.2 Billing and Payment
All fees and charges imposed under the provisions of this Ordinance are due and payable upon serving an invoice. An invoice shall be served by first-class mail, postage prepaid or such other procedure as will reasonably assure receipt. Unpaid fees or charges shall become delinquent 30 days after postmark date or the date the invoice is personally served. The date a payment is postmarked by the United States Postal Service will be considered the date of receipt by the City unless payment is personally made to the City. A penalty of ten (10) percent of the original unpaid invoice amount shall be added to any fee or charge that becomes delinquent. Interest at the maximum rate provided by law shall accrue on the total of all delinquent fees or charges including the penalty.
13.3 Severability
If any provision of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.
13.4 Sale of Byproducts
The City may sell or otherwise dispose of water, treated or reclaimed wastewater or any other byproduct of the City's operations to private individuals, corporations, or public entities upon terms approved by the Director.
13.5 Amendments
The City may, from time-to-time, in its discretion, by similar ordinance, amend the rules and regulations governing the discharge of nondomestic waste so as to keep the City in compliance with evolving State and Federal law. No discharger to the City's POTW shall have a vested interest or a right to be bound by this Ordinance without amendment or by virtue of this Ordinance being superseded by a subsequent ordinance.
13.6 Variances
The City may find that by reason of special circumstances, any provision of this Ordinance should be suspended or modified as applied to a particular circumstance and User, and may, by resolution, order such suspension, modification or variance for such circumstance and User during the period of such special circumstance or any part thereof for a particular User.
13.7 Powers and Authorities of Inspectors
Any duly authorized representative of the City, as determined by the Director, shall carry evidence establishing the position as an authorized representative of the City and upon exhibiting the proper evidence and identification shall be permitted to enter in and upon any and all buildings, industrial facilities, and properties for purposes of inspection, re-inspection, observation, measurement, sampling, testing, and otherwise performing such duties as may be necessary in the enforcement of the provisions of this Ordinance and any other rules and regulations of the City.
13.8 Judicial Review Limitation
Pursuant to Section 1094.6 of the Code of Civil Procedure, the time within which judicial review shall be sought concerning the adoption of this Ordinance is ninety (90) days following the date of the decision to adopt it is final. Adoption of this Ordinance is final, following the Norco City Council decision on the date it is adopted.
13.9 Adoption and Effective Date
This Ordinance shall be in full force and effective immediately upon its adoption this 3rd day of August, 2016.
(Ord. 1005 Sec. 13, 2016)