All significant users proposing to connect to or to contribute to the POTW shall obtain a wastewater contribution permit before connecting to or contributing to the POTW. Users required to obtain a wastewater contribution permit shall complete and file with the City an application in the form prescribed by the City, and accompanied by the applicable fee. Existing users shall apply for a wastewater contribution permit within sixty (60) days after the effective date of the ordinance codified in this Chapter, and proposed new users shall apply at least ninety (90) days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(A) 
Name, address, and location (if different from the address).
(B) 
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(C) 
Wastewater constituents and characteristics including but not limited to those mentioned in Article 3 of this Chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA.
(D) 
Average daily wastewater flow rates including daily, monthly, and seasonal variations, if any.
(E) 
Site plans showing all building sewers and appurtenances (manholes, distribution boxes, etc.).
(F) 
A brief description of activities, facilities and plant processes on the premises including all materials that are or could be involved in discharges to the sewer.
The City will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue a wastewater contribution permit subject to terms and conditions provided herein.
Wastewater contribution permits shall be expressly subject to all provisions of this Chapter and all other applicable regulations, user charges, and fees established by the City. Permits may contain the following:
(A) 
The unit charge or schedule of user charges and fees for the wastewater to be discharged to a POTW sanitary sewer.
(B) 
The permit fees as established yearly by City resolution.
(C) 
Limits on the average and maximum wastewater constituents and characteristics.
(D) 
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
(E) 
Requirements for installation and maintenance of inspection and sampling facilities.
(F) 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedule.
(G) 
Compliance schedules.
(H) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, and affording City access thereto.
(I) 
Requirements for notification of the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.
(J) 
Requirements for notification of accidental or slug discharges.
(K) 
The filing of an accidental discharge report for approval by the City as required by SJBMC 5-9-465 (Section 3.20).
(L) 
Requirement to conform to the minimum reporting requirements of Federal Categorical Pretreatment Standards for the particular industry per SJBMC 5-9-445.
(M) 
Granting of right of access to inspect, sample, and monitor the facility to ensure compliance with the permit.
(N) 
The requirement to pay for any retesting required by failure of normal testing.
(O) 
Other conditions as deemed appropriate by the City to ensure compliance with this Chapter.
Permits shall be issued for a one (1) year period, and at the discretion of the City may be renewed for a period not to exceed five (5) years. An annual renewal fee is required independent of the length of time a permit is issued for. The user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements as identified in Article 3 of this Chapter are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
Wastewater contribution permits are issued to a specific user for a specific operation. A wastewater contribution permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the City. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
The City Manager may require that any person discharging into a POTW sanitary sewer file a periodic discharge report. The discharge report may include, but need not be limited to, nature of process, volume, rates of flow, production quantities, hours of operation, number and classification of employees, or other information which relates to the generation of waste including wastewater constituents and quantity of liquid or gaseous materials stored on site even though they may not normally be discharged. In addition to discharge reports, the City may require information in the form of wastewater contribution permit applications, self-monitoring reports, status reports, technical reports and final compliance reports.
All industrial users subject to categorical pretreatment standards must comply with the minimum quarterly reporting requirements contained in the general pretreatment regulations in Section 403.12 of Title 40 of the Code of Federal Regulations or as amended, or other Federal regulations as they apply. Additional reports may be required when users are placed on a compliance schedule.
The City shall require to be provided and operated at the user’s own expense monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user’s premises, but the City may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. The user shall have any flow meters instrument calibrated at his own expense at least once every twelve (12) months and full flow calibrated once every three (3) years. Any electronic flow meters shall be calibrated annually by an independent technician. The meter shall bear a decal with the calibrator’s initials, company name, meter identification number, date calibrated and method of calibration.
Whether constructed on public or private property, the sampling and flow monitoring facilities shall be provided in accordance with the City’s requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the City.
The City Manager shall inspect the facilities of any user to ascertain compliance with this Chapter. Occupants of premises where wastewater is discharged shall allow the City or its representatives access at all reasonable times to the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The City, the State, and the EPA shall have the right to set up on the user’s property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, State and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
All measurements, tests and analysis of characteristics of waters and wastes to which reference is made in this Chapter shall be made and determined in accordance with the latest edition of the “Standard Methods of Examination of Water and Wastewater” published by the American Public Health Association, and shall be determined at the control manhole or with samples taken from the control manhole. In the event that no special manhole has been provided, the control manhole shall be the nearest downstream manhole. Sampling shall be carried out by customarily accepted methods to reflect the effect of the constituents on the sewer and sewage treatment works and to determine the existence of dangers or hazards to public health, safety and welfare.
Users shall provide necessary wastewater pretreatment as required to comply with this Chapter and shall achieve compliance with all applicable Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this Chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the user’s initiation of the changes.
All records relating to compliance with pretreatment standards shall be made available to officials of the State or EPA upon request.
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user.
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Chapter, the National Pollutant Discharge Elimination System (NPDES) permit, State disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
Subject to the provisions of the Public Records Act (Government Code Sections 6250 et seq.), information accepted by the City as confidential shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten (10) day notification is given to the user.