HomeMy WebLinkAbout10/04/2011, PH3- UPDATES TO SEWER USE ORDINANCE AND INUDSTRIAL DISCHARGE LIMITScounci lj acEnaa l2Epout Meeting Date
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Item Number
Pi/3
C I T Y O F S A N L U I S O B I S P O
FROM :
Carrie Mattingly, Utilities Directo r
Prepared By :
Aaron Floyd, Environmental Programs Manage r
SUBJECT :
UPDATE TO SEWER USE ORDINANCE AND INDUSTRIA L
DISCHARGE LIMIT S
RECOMMENDATION
Introduce, by title only, an Ordinance revising Chapter 13 .08, Prohibited Discharges section o f
the Sewer Use Ordinance of the Municipal Code .
DISCUSSIO N
Backgroun d
The Clean Water Act was enacted in 1972 as a way to reduce pollution in the nation's
waterways, much of which, at the time, was being discharged from industrial facilities .
Wastewater from industrial facilities has the potential to create human health and safety issues ,
damage sewer system infrastructure, harm wastewater treatment processes, or make the by -
products of treatment, such as biosolids and recycled water, unusable .
To this end, the Clean Water Act required the federal government to create regulations fo r
specific industries known to discharge certain constituents . These constituents can be a chemica l
substance, such as ammonia, metals such as copper, or other measurable parameters such as p H
or temperature. The federal government gave some states, such as California, authority t o
oversee Clean Water Act regulations . Subsequently, the states required local jurisdictions to
create programs to ensure these federal regulations are met . The programs are called
pretreatment programs .
City of San Luis Obispo's Pretreatment Progra m
The City's pretreatment program is required by the Regional Water Quality Control Boar d
(RWQCB) through the National Pollutant Discharge Elimination System (NPDES) Permit issue d
to the City for its wastewater system . The makeup of industry regulated by the program varie s
across different areas of the country ; therefore, local agencies are also tasked with creating site -
specific discharge limits which are focused on protecting that specific agency's sewer system .
These site-specific discharge limits are known as "local limits'
Through the pretreatment program, the City issues industrial discharge permits to over 30 0
facilities, ranging from restaurants to automotive shops, metal finishers to pharmaceutica l
research companies . The authority to administer this program is promulgated through the City's
municipal code, specifically the sewer use ordinance .
Update to Sewer Use Ordinance and Industrial Discharge Limits Page 2
The City's pretreatment program is typically reviewed on an annual basis by the RWQCB an d
the Environmental Protection Agency (EPA) to determine compliance with pretreatmen t
regulations and assess program effectiveness .
During a recent program review conducted by the RWQCB and EPA it was noted that the Cit y
needed to update its local limits . These were last updated in 1990, and while still protective ,
some constituent limits need to be revised, while others can be removed due to changes i n
treatment processes and the nature of industrial discharges .
Analysis and Update of Local Limits
The City contracted with Larry Walker Associates to complete a study of constituents that ma y
enter the WRF treatment process . Constituents that were detected during laboratory testing of th e
WRF influent and sewer collection system were calculated to determine the maximum amount o f
these constituents that the WRF can safely accept . These maximum amounts are then divide d
and allocated out as local limits to each of the permitted industrial dischargers .
When assigning limits to industrial dischargers, amounts can be allocated uniformly, givin g
equal amounts of pollutant discharge credit to all dischargers, or in various amounts dependen t
upon the type of contribution from an industrial discharger . The proposed local limits use bot h
the uniform and contributory approach to allocate discharge limits which provides the greates t
amount of flexibility for the industrial dischargers while safely maintaining an adequate level o f
protection for the WRF .
Municipal Code Updat e
The proposed municipal code revision is the first part of a two-phase project to update th e
ordinances that govern the use of the City's water and sewer infrastructure . The revisio n
currently before Council is required to comply with the findings of the recent EPAIRWQC B
pretreatment program review . It will ensure that the updated EPA-required local limits ar e
enforceable and the City ordinance is in compliance with the EPA's "Model Ordinance" related
to pretreatment programs .
The second phase of the Utilities Department municipal code update project will be a lengthie r
process involving a broader revision of the municipal code sections governing sewer, water, and
recycled water . This revision will involve several City departments and will focus on updatin g
and clarifying the code in these areas . Staff will return to Council with these proposed revision s
in summer 2012 .
The proposed changes will not significantly affect how the pretreatment program is currentl y
administered and should prove to be beneficial or neutral to industrial dischargers . If approved ,
new Industrial Discharge permits will be issued to all currently permitted facilities . The current
discharge permits are scheduled to expire on December 31, 2011 .
Outreac h
City staff has met with all businesses with industrial waste discharge permits that have th e
potential to be impacted by the proposed ordinance . Notification of the proposed changes ha s
been mailed to all industrial dischargers . Staff has not received feedback regarding concerns
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Update to Sewer Use Ordinance and Industrial Discharge Limits Page 3
related to the proposed changes to the sewer use ordinance . Industries were notified of the publi c
hearing on this Ordinance this evening .
CONCURRENCE S
The proposed EPA-required ordinance revision has been reviewed and approved by th e
RWQCB .
FISCAL IMPAC T
Approval of this ordinance will not have any fiscal impact on the City . Based on initia l
conversations with those facilities that have the potential to be impacted by the propose d
ordinance, there is expected to be little, if any, fiscal impact on those businesses . The City will
work together with industrial dischargers in order to ensure they comply with the new loca l
limits .
ALTERNATIVE S
Do not introduce the updated Sewer Use Ordinance . The Council could decide to not introduc e
the updated Sewer Use Ordinance and local limits at this time . Council should only take thi s
action if it feels there is flawed data related to the calculation of the proposed local limits or ther e
has been insufficient outreach to affected industries . Staff has diligently reviewed the dat a
provided by the consultant related to the local limits for accuracy and feels the outreach has bee n
productive .
Ultimately, updating the sewer use ordinance to incorporate the new local limits is required b y
the RWQCB and EPA to enable the City to enforce the federally mandated pretreatment progra m
it administers . Not complying with the mandate would be in violation of the City's NPDE S
permit and could result in fines and criminal penalties .
ATTACHMENTS
1.Draft ordinanc e
2.Legislative Draft of Municipal Code Change s
AVAILABLE FOR REVIEW IN THE COUNCIL OFFIC E
Local limit study available in Council Reading Fil e
G :\CAR Reports\2011 Council Agenda Reports\SewerUseOrdinance .CAR .DOC
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Attachment 1
ORDINANCE NO . (2011Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
AMENDING THE SAN LUIS OBISPO MUNICIPAL CODE TO UPDATE THE SEWE R
USE ORDINANCE AND INDUSTRIAL DISCHARGE LIMIT S
WHEREAS,the Council of the City of San Luis Obispo conducted a public hearing i n
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on October 4 ,
2011, for the purpose of considering changes proposed to update the Municipal Code .
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 .That section 13 .08 .010 (Fee required prior to permit issuance for newl y
annexed territory) of the San Luis Obispo Municipal Code is hereby amended to read as follows :
Before a permit shall be issued for a sewer connection in any area now outside the city limit s
which shall hereafter be annexed to the city, the owner or applicant shall pay to the city for suc h
privilege a sum of money to be the property's share of the cost of the existing sewerage facilitie s
of the city to be used by the property. (Prior code § 7500 )
SECTION 2 . That section 13 .08 .090 (Use of existing sewer) of the San Luis Obisp o
Municipal Code is hereby amended to read as follows :
A.Payment of Costs Prior to Sewer Connection Permit Issuance . Before a permit shall be issued
for a sewer connection in any areas within the city, which property shall use any existing cit y
sewerage facilities which were constructed by a developer under a reimbursement agreement fo r
which such property shall not have made full payment of its share of the cost thereof, the owne r
or applicant shall pay to the city a sum of money for such privilege in the same manner a s
provided in this chapter .
B.Installation of Water Meters on Private Wells Serving Commercial Properties for Determining
Sewer Service Charges . All commercial properties where private well water is used an d
discharged to the existing sewer system shall install a water meter on the well in order t o
determine the appropriate sewer charges . Installation of the water meter shall be in accordanc e
with the standards established by the city engineer . (Ord . 1428 § 3, 2002 ; Ord . 1307 § 1, 1996 ;
prior code § 7500 .8 )
SECTION 3 .That section 13 .08 .110 (Purpose and Policy) of the San Luis Obisp o
Municipal Code is hereby amended to read as follows :
13 .08 .110 Purpose and Policy .
A . This ordinance sets forth uniform requirements for Users of the Publicly Owned Treatment
Works (POTW) for the City of San Luis Obispo . These uniform requirements enable the city to
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Attachment 1
comply with all applicable State and Federal laws, including the Clean Water Act (33 Unite d
States Code [U .S .C .] section 1251 et seq .) and the General Pretreatment Regulations (Title 40 o f
the Code of Federal Regulations [CFR] Part 403).
B . The objectives of these provisions are :
1.To prevent the introduction of pollutants into the POTW which will interfere with th e
operation of the POTW, including interference with the use or disposal of municipal sludge ;
2.To prevent the introduction of pollutants into the POTW which will pass through the syste m
inadequately treated, into receiving waters, or otherwise be incompatible with the system ;
3.To improve opportunities to recycle and reclaim wastewaters and sludges from the system ;
4.To protect both POTW personnel who may be affected by wastewater and sludge in the cours e
of their employment and the general public ;
5.To enable the City to comply with its National Pollutant Discharge Elimination Syste m
permit conditions, sludge use and disposal requirements, and any other Federal or State laws t o
which the POTW is subject .
C . These provisions provide for the regulation of direct and indirect contributors to the POT W
through the issuance of permits to industrial users, pretreatment and reporting requirements fo r
permittees, monitoring and enforcement of noncompliance . (Ord . 1195 § 1, 1991 )
D . Except as otherwise provided herein, the Director shall administer, implement, and enforc e
the provisions of this ordinance . Any powers granted to or duties imposed upon the Directo r
may be delegated by the Director to a duly authorized City of San Luis Obispo employee .
SECTION 4 .That section 13 .08 .120 (Definitions) of the San Luis Obispo Municipa l
Code is hereby amended to read as follows :
The following words shall have the following meanings :
A . "Authorized representative" means any of the following :
1.A principal executive officer of at least the level of vice-president or any other person wh o
performs similar policy or decision-making functions, if the industrial user submitting the report s
is a corporation ;
2.A general partner or proprietor if the industrial user submitting the reports is a partnership o r
sole proprietorship respectively ;
3.If the User is a Federal, State, or local government facility : a director or highest official
appointed or designated to oversee the operation and performance of the activities of th e
government facility, or their designee .
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Attachment 1
4 . The individuals described in (A)(1) through (A)(3), above, may designate a Duly Authorized
Representative if the authorization is in writing, the. authorization specifies the individual o r
position responsible for the overall operation of the facility from which the discharge originate s
or having overall responsibility for environmental matters for the company, and the writte n
authorization is submitted to the City or as provided for by federal and state law .
B."Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in th e
biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at
20 degrees centigrade and expressed in milligrams per liter (mg/L).
C."Best Management Practices" (or BMPs means schedules of activities, prohibitions o f
practices, maintenance procedures, and other management practices to implement th e
prohibitions listed in Article II and 40 CFR 403 .5(a)(1) and (b). BMPs include treatmen t
requirements, operating procedures, and practices to control plant site runoff, spillage or leaks ,
sludge or sewage disposal, or drainage from raw materials storage .
D."Categorical Industrial User" means an Industrial User subject to a Categorical Pretreatmen t
Standard or Categorical Standard .
E."Categorical Pretreatment Standard or Categorical Standard" means any regulation containin g
pollutant discharge limits promulgated by 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 4 0
CFR Chapter I, Subchapter N, Part 405-471 .
F."City" means the city of San Luis Obispo .
G."Class I industrial user" means any industrial user, not defined as a significant industrial use r
that has materials and/or wastes on site that if discharged to the sewer may impact the POTW i n
a negative manner . These materials and wastes include, but are not limited to, any and al l
prohibited discharges described in Section 13 .08 .140 of this chapter .
H."Class II industrial user" means any industrial user, not defined as a significant industria l
user, that may discharge conventional pollutants to the POTW which may cause interference o r
pass-through . These wastes include but are not limited to laundry discharges, nonhazardou s
solids and oil and grease of animal or vegetable origin .
I."Conventional pollutants" means pollutants which are usually found in domestic and/o r
commercial wastes such as suspended solids, biological oxygen demand, pathogenic organisms ,
and oil and grease of animal or vegetable origin .
JK . "Director" means the utilities director of the city of San Luis Obispo or his or her dul y
authorized representative . Any notice required to be given to the director shall be delivered to th e
director at 879 Morro Street, San Luis Obispo, or as otherwise directed .
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Attachment 1
L."Domestic wastewater" means water bearing only those wastes derived from the ordinar y
living processes and of such character as to permit satisfactory disposal to, and treatment in, the
POTW .
M."Grab Sample" means a sample that is taken from a wastestream without regard to the flow i n
the wastestream and over a period of time not to exceed fifteen (15) minutes .
N."Grease" means all fat, grease, oil, wax or other trichlorotrifluoroethane soluble matter o f
animal, vegetable, petroleum or mineral origin .
0 ."Industrial user" or "User" means a person who discharges nondomestic wastewater into th e
city sewer system .
P."Industrial user's survey" means a questionnaire (and related process) used by the city t o
identify and categorize industrial users and the characteristics of their wastewater discharge .
Q."Infectious waste" means any waste material or article which harbors or may reasonably b e
considered to harbor any type of microorganism, helminth or virus which causes or significantl y
contributes to increased morbidity or mortality in human beings .
R."Interference" means an inhibition or disruption of the POTW, its treatment processes o r
operations, or its sludge processes, use or disposal which is a cause of or significantly contribute s
to either a violation of any requirement of the POTW's NPDES permit (including an increase i n
the magnitude or duration of a violation) or to the prevention of sewage sludge use or disposal b y
the POTW in accordance with the following statutory provisions and regulations or permit s
issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Wate r
Act, the Solid Waste Disposal Act (SWDA) (including Title II more commonly referred to as th e
Resource Conservation and Recovery Act (RCRA) and including state regulations contained i n
any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Ai r
Act, and the Toxic Substances Control Act .
S."Medical Waste" means isolation wastes, infectious agents, human blood and blood products ,
pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentiall y
contaminated laboratory wastes, or dialysis wastes .
T."Natural outlet" means any outlet into a watercourse, pond, lake or other body of surface
water or ground water .
U."New source" means any building, structure, facility or installation from which there is o r
may be a discharge of pollutants, the construction of which commenced after the publication o f
proposed pretreatment standards under Section 307(c) of the Clean Water Act which will b e
applicable to such source if such standards are thereafter promulgated in accordance with tha t
section, provided that :
1 . The building, structure, facility or installation is constructed at a site at which no other sourc e
is located ; or
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Attachment 1
2.The building, structure, facility or installation totally replaces the process or productio n
equipment that causes the discharge of pollutants at an existing source ; or
3.The production of wastewater generating processes of the building, structure, facility o r
installation are substantially independent of an existing source at the same site .
V."Pass-through" means the discharge of pollutants to the POTW in quantities or concentration s
which are a cause of or significantly contribute to a violation of any requirement of the POTW's
NPDES permit (including an increase in the magnitude or duration of a violation).
W."Person" means any individual, firm, company, association, society, corporation, group ,
governmental agency or educational institution .
X."pH" means a measure of the acidity or alkalinity of a solution, expressed in standard units .
Y."Pollutant" means 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, or certain characteristics of wastewater (e .g ., pH, temperature ,
TSS, turbidity, color, BOD, COD, toxicity, or odor).
Z."Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants ,
or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of,
introducing such pollutants into the POTW . This reduction or alteration can be obtained b y
physical, chemical, or biological processes ; by process changes ; or by other means, except b y
diluting the concentration of the pollutants unless allowed by an applicable Pretreatmen t
Standard .
AA . "Pretreatment Requirements" means any substantive or procedural requirement related t o
pretreatment imposed on a User, other than a Pretreatment Standard .
BB . "Pretreatment Standards" or "Standards" shall mean prohibited discharge standards ,
categorical Pretreatment Standards, and Local Limits .
CC . "Prohibited Discharge Standards or Prohibited Discharges" means absolute prohibition s
against the discharge of certain substances ; these prohibitions appear in Section 13 .08 .140 of thi s
ordinance .
DD . "Publicly owned treatment works (POTW)" means city-owned sewer system, includin g
sewer pipes within the city that convey wastewater to the treatment plant, the treatment plant ,
sewer pipes that convey wastewater to the treatment plant from persons outside the city wh o
contract with the city to use the sewer system, and related facilities .
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Attachment 1
EE . "Septic Tank Waste" means any sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, or septic tanks .
FF . "Sewage" means human excrement and gray water (household showers, dishwashin g
operations, etc .).
GG. "Significant industrial user (SIU)" means any industrial discharger subject to federa l
categorical pretreatment standards or any industrial discharger that :
1.Discharges ten thousand gallons per day or more of process wastewater ;
2.Contributes five percent or more of the average dry weather hydraulic capacity of the
treatment plant;
3.Discharges either continuously or intermittently to the POTW, process wastewaters containin g
priority pollutants as determined through analytical procedures or reasonable technical judgment ;
or
4.Has a reasonable potential, in the opinion of the director, to adversely affect the POT W
treatment plant .
HH . "Significant noncompliance" means any one of the following :
1.Chronic violations of wastewater discharge limits, as defined here as those in which sixty-si x
percent or more of all of the measurements taken during a six-month period exceed (by an y
magnitude) the daily maximum limit or the average limit for the same pollutant parameter ;
2.Technical review criteria (TRC) violations, defined here as those in which thirty-three percen t
or more of all of the measurements for each pollutant parameter taken during a six-month perio d
equal or exceed the product of the daily maximum limit or average limit multiplied by th e
applicable TRC (TRC= 1 .4 for BOD, TSS, fats, oil and grease, and 1 .2 for all other pollutants
except pH);
3.Any violation of a pretreatment effluent limit (daily maximum or longer term average) that th e
city 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);
4.Any discharge of a pollutant that has caused imminent endangerment to human health, welfar e
or to the environment or has resulted in the POTW's exercise of its emergency authority as state d
in this chapter to halt or prevent such a discharge ;
5.Failure to meet, within ninety days after schedule date, a compliance schedule mileston e
contained in a local control mechanism or enforcement order for starting construction ,
completing construction, or attaining final compliance ;
P113-9
Attachment 1
6.Failure to provide, within thirty days after the due date, required reports such as baselin e
monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and report s
on compliance with compliance schedules ;
7.Failure to accurately report noncompliance ;
8.Any other violation or group of violations which the city determines will adversely affect th e
operation or implementation of the local pretreatment program .
II . "Slug Load or Slug Discharge" means any discharge at a flow rate or concentration, whic h
could cause a violation of the prohibited discharge standards in Section 13 .08 .140 of thi s
ordinance . A Slug Discharge is any discharge of a non-routine, episodic nature, including bu t
not limited to an accidental spill or a non-customary batch discharge, which has a reasonabl e
potential to cause Interference or Pass Through, or in any other way violate the POTW's
regulations, Local Limits or Permit conditions .
JJ . "Stormdrain" means a sewer which is designed to carry storm and surface waters an d
drainage rather than sewage or industrial wastes .
KK. "Storm Water" means any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt .
LL . "Total Suspended Solids" or "Suspended Solids" means the total suspended matter tha t
floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that i s
removable by laboratory filtering .
MM . "Toxic or poisonous" means any solid, liquid or gas in such quantity that, alone or in
combination with other waste substances, may create a hazard for humans, animals or the local
environment, interfere with sewage treatment processes, cause a public nuisance, or cause an y
hazardous condition to occur in the sewerage system .
NN . "Wastewater" means liquid and water-carried industrial wastes and sewage from residentia l
dwellings, commercial buildings, industrial and manufacturing facilities, and institutions ,
whether treated or untreated, which are contributed to the POTW .
00 ."Wastewater Treatment Plant (WWTP)" or "Treatment Plant" means that portion of th e
POTW which is designed to provide treatment of municipal sewage and industrial waste .
SECTION 5 .That section 13 .08 .130 (Stormwater and unpolluted drainage) of the Sa n
Luis Obispo Municipal Code is hereby amended to read as follows :
A . No person shall discharge or cause to be discharged rain, stormwater, surface water, groun d
water, seepage, roof runoff, street or yard drainage, subsurface drainage, ponds or lawn sprays o r
PH3-10
Attachment 1
uncontaminated water or water added for the purpose of diluting wastes which exceed maximu m
concentration limitations, as stated in Section 13 .08 .140, to the Publicly Owned Treatmen t
Woks .
B.It shall be unlawful to discharge any wastewater, including domestic sewage, and industria l
wastewater, petroleum products, or otherwise polluted water, derived from residential dwellings ,
commercial buildings, industrial and manufacturing facilities, or institutions, to any stormdrai n
or natural outlet .
C.The Director may develop Best Management Practices (BMPs), in individual wastewate r
discharge permits, to implement Local Limits and the requirements of Section 13 .08 .140 .
SECTION 6 .That section 13 .08 .140 (Prohibited discharges) of the San Luis Obisp o
Municipal Code is hereby amended to read as follows :
A . General Prohibitions . No User shall introduce or cause to be introduced into the POTW an y
pollutant or wastewater which causes Pass Through or Interference . These general prohibition s
apply to all Users of the POTW whether or not they are subject to categorical Pretreatment
Standards or any other National, State, or local Pretreatment Standards or Requirements .B . It
shall be unlawful for an industrial user to discharge pollutants into the POTW :
1.Without a permit .
2.When with a properly issued wastewater discharge permit, such pollutants are not covered b y
that permit .
3.Where such pollutants would cause the POTW to violate its NPDES permit .
C . Except as hereinafter provided, no person shall discharge or cause to be discharged any of th e
following described waters or wastes to any sewers :
1.Any liquid or vapor having a temperature higher than one hundred fifty (150) degree s
Fahrenheit (66 degrees Celsius), or which will inhibit biological activity in the treatment plant ,
resulting in Interference, but in no case higher than one hundred four (104) degrees Fahrenhei t
(40 degrees Celsius) at introduction into the wastewater treatment plant .
2.Any waters or wastes containing oil and grease such that the discharge results in a stoppage,
plugging, breakage, significant obstruction to flow or any other damage to or increase d
maintenance of sewers or sewerage facilities . No person shall discharge oil and grease whic h
results in pass-through and/or interference .
3.Any liquids, solids or gases which by reason of their nature or quantity are or may b e
sufficient, either alone or by interaction with other substances, to cause fire or explosion or b e
injurious in any other way to the POTW and/or cause acute worker health and safety problems t o
its personnel or to the operation of the system .
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Attachment 1
4.Any waters or wastes be discharged to the sewer that has a closed cup flashpoint of less than
one hundred forty (140) degrees Fahrenheit (60 degrees Celsius), using the test method s
specified in 40 CFR 261 .21 . Prohibited materials include, but are not limited to, gasoline ,
kerosene, naphtha, benzene, toluene or xylene .
5.Any solid or viscous substance, including but not limited to unground garbage, feathers, ashes ,
cinders, sand, polishing compounds, resin beads, metal, glass, straw, rags, spent grains or hops ,
wood, plastic, mud, shavings or manure which may cause obstruction to the flow in sewers o r
other interference with the proper operation of the POTW .
6.Any waters or wastes having pH lower than 5 .0 or higher than nine, or having any othe r
corrosive property capable of causing damage or hazard to structures, equipment or personnel o f
the POTW .
7.Any water added to a wastewater discharge for the sole purpose of dilution as a means t o
achieve compliance with any pretreatment standard or local discharge limit .
8.Any waters or wastes including oxygen demanding pollutants (BOD, etc .) at a flow rate and/o r
concentration which will, either singly or by interaction with other pollutants, will caus e
Interference or Pass-Through .
9.Any average daily flow greater than two percent of the WWTP average daily sewage flo w
shall be subject to the review and approval of the director .
10.Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, i n
amounts that will cause Interference or Pass Through .
11.Any trucked or hauled pollutants, except at discharge points designated by the Director .
12.Any waters or wastes containing any radioactive materials or wastes of such half life o r
concentration that they do not comply with regulations issued by appropriate authorities
(Sections 30285 and 30287 of the California Code of Regulations).
13.Any infectious wastes .
14.Any Medical Wastes, except as specifically authorized by the Director in an individua l
wastewater discharge permit or a general permit .
15.Any waters or wastes containing color which is not removed in the ordinary WWT P
treatment process .
D . Users with the potential to discharge flammable substances may be required to install an d
maintain an approved combustible gas detection meter .
E Local Limits .
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Attachment 1
1.The Director is authorized to establish Local Limits pursuant to 40 CFR 403 .5(c).
2.The following pollutant limits are established to protect against Pass Through an d
Interference . No person shall discharge wastewater containing in excess of the following :
CONSTITUENT UNIFORM
LIMIT (mg/L)
CONTRIBUTOR Y
LIMIT A (mg/L)
CONTRIBUTOR Y
LIMIT B (mg/L )
Ammonia 32 5 0
Biochemical Oxygen Deman d
(BOD)
226 400 25 0
Chloride 1523
Sodium 120 0
Total Dissolved Solids (TDS)221 5
Total Suspended Solids (TSS)2346
Copper 0 .14 0 .2 0
Zinc 0 .17 1 .00 0 .50
Unless otherwise stated in individual discharge permit, the uniform limits shall apply to al l
dischargers . Application for contributory levels A or B may be made to the Director . The
Director's decision shall be the City's final decision .
The above limits apply at the point where the wastewater is discharged to the POTW . Al l
concentrations for metallic substances are for total metal unless indicated otherwise . The
Director may impose mass limitations in addition to the concentration-based limitations above .
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Attachment 1
F . Limitations on wastewater strength in this chapter may be supplemented with more stringen t
limitations if :
1.The director determines that the limitations listed in this chapter may not be sufficient to
protect the operation of the city's treatment works ; o r
2.The director determines that the limitations listed in this chapter may not be sufficient to
enable the city's treatment works to comply with water quality standards or effluent limitation s
specified in the city's NPDES permit .
G . When the director determines that a user is contributing any of the substances mentioned i n
subsection A of this section in such amounts as to interfere with the operation of the POTW, th e
director shall :
1.Advise the user of the impact of the contribution on the POTW ;
2.Develop effluent limitations for the user to correct ;
3.Place limits on rate and time of discharge or requirements for flow regulations an d
equalization ;
4.Require pretreatment of discharge prior to discharge to POTW ; o r
5.Take any other action necessary to eliminate the interference . (Ord . 1195 § 1, 1991 )
SECTION 7 . That section 13 .08 .150 (Federal categorical pretreatment standards —
Applicability) of the San Luis Obispo Municipal Code is hereby amended to read as follows :
Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I ,
Subchapter N, Parts 405—471 .
SECTION 8 .That section 13 .08 .170 (Pretreatment facilities) of the San Luis Obisp o
Municipal Code is hereby amended to read as follows :
Users shall provide wastewater treatment as necessary to comply with this ordinance and shal l
achieve compliance with all categorical Pretreatment Standards, Local Limits, and th e
prohibitions set out in Section 13 .08 .140 of this ordinance within the time limitations specifie d
by EPA, the State, or the Director, whichever is more stringent . Any facilities necessary fo r
compliance shall be provided, operated, and maintained at the User's expense . Detailed plan s
describing such facilities and operating procedures shall be submitted to the Director for review ,
and shall be acceptable to the Director before such facilities are constructed . The review of suc h
plans and operating procedures shall in no way relieve the User from the responsibility o f
modifying such facilities as necessary to produce a discharge acceptable to the City under the
provisions of this ordinance . All Pretreatment facilities must comply with all other applicabl e
laws .
PH3-14
Attachment 1
SECTION 9 .That section 13 .08 .190 (Measurements and tests) of the San Luis Obisp o
Municipal Code is hereby amended to read as follows :
All measurements, tests and analyses of the characteristics of water and wastes shall b e
determined by the testing procedures specified in 40 CFR Part 136 . When required by th e
Director, the industrial user shall provide safe and secure access to the proper sampling point fo r
the determination of compliance with federal categorical standards and/or local discharge limits .
This may require the installation of a control manhole as described above . All testing shall b e
performed by an approved laboratory and conducted at the expense of the discharger . (Ord . 119 5
§ 1, 1991 )
SECTION 10 .That section 13 .08 .210 (Powers and authority of inspectors) of the Sa n
Luis Obispo Municipal Code is hereby amended to read as follows :
A.Inspection of Premises . The Director or other duly authorized employees or representatives o f
the city bearing proper credentials and identification shall be readily permitted to enter al l
properties for the purposes of inspection, observation, record examination and copying ,
measurement, sampling, and testing in accordance with the provisions of this chapter at al l
reasonable times . If the Director, health officer, or other duly authorized employee o r
representative of the city or the health department has reasonable cause to believe tha t
wastewater discharge conditions on or emanating from a facility are so hazardous, unsafe o r
dangerous-as to require immediate inspection to safeguard public health or safety or the integrit y
of the POTW, they shall have the right to immediately enter and inspect the property and ma y
use any reasonable means required to effect such entry and make such inspection .
B.The Director shall have the right to set up on the User's property, or require installation of,
such devices as necessary to conduct sampling and/or metering of the User's operations . Th e
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 prope r
operating condition by the User at its own expense . Any temporary or permanent obstruction t o
safe and easy access to the facility to be inspected and/or sampled shall be removed by the Use r
at the written or verbal request of the director and shall not be replaced . The costs of clearing
such access shall be born by the User . Unreasonable delays in allowing access to the User's
premises shall be a violation of this ordinance .
C.Cost of Inspection . Each discharger shall pay a reasonable inspection fee sufficient to cove r
the costs of the inspection . Such costs may be incorporated in the industrial user wastewate r
discharge permit fee .
P113-15
Attachment 1
D.Liability for Injury . While performing the necessary work on private properties referred to i n
subsection A of this section, authorized employees, and the city shall indemnify the compan y
against loss or damage to its property by such employees and against liability claims an d
demands for personal injury or property damage asserted against the company and growing ou t
of the gauging and sampling operation, except as such may be caused by negligence or failure o f
the company to maintain safe conditions as required by this chapter .
E.Rights of City Entry . The Director, the health officer, and other duly authorized employees o f
the city or health department bearing proper credentials and identification shall be permitted t o
enter all private properties through which the city holds a duly negotiated easement for th e
purposes of, but not limited to, inspection, observation, measurement, sampling, repair an d
maintenance of any portion of the POTW . (Ord. 1195 § 1, 1991 )
SECTION 11 .That subsection A of section 13 .08 .220 (Permit — Required — Term —
Transfer — Revocation — Completion of an industrial user's survey required) of the San Lui s
Obispo Municipal Code is hereby amended to read as follows :
All dischargers of nondomestic wastewater to the city sewer system shall complete an industrial
user's survey and shall obtain a wastewater discharge permit from the Director . It is unlawful t o
discharge nondomestic wastewater without a permit, or to fail to complete an industrial user's
survey .
A . Permit Conditions . Wastewater discharge permits shall be expressly subject to all provision s
of this chapter and all other regulations, user charges and fees established by the city . Th e
conditions of wastewater discharge permits shall be uniformly enforced by the Director i n
accordance with this chapter, and applicable state and federal regulations . Permit requirement s
may include but not be limited to the following :
1.The unit charge or schedule of user charges and fees for wastewater to be discharged to a
community sewer .
2.The average and maximum wastewater constituents and characteristics .
3.Limits on rate and time of discharge or requirements for flow regulations and equalization .
4.Requirements for installation of inspection and sampling facilities .
5.Pretreatment requirements .
6.Specifications for monitoring programs which may include sampling locations, frequency an d
method of sampling, number, types and standards for tests and reporting schedule .
7.Requirements for submission of technical reports or discharge reports .
PH3-16
A ttachment 1
8.Mean and maximum mass emission rates, or other appropriate limits when incompatibl e
pollutants (as defined by city ordinance) are proposed or present in the user's wastewate r
discharge .
9.Requirements for submission to inspections .
10.Other conditions as deemed appropriate by the Director to ensure compliance with thi s
chapter .
SECTION 12 .That subsection A of section 13 .08 .240 (Confidentiality — Publi c
disclosure) of the San Luis Obispo Municipal Code is hereby amended to read as follows :
Process and product information collected during inspection of premises may be kep t
confidential at the request of the business owner or his or her representative, insofar as suc h
confidentiality is allowed pursuant to applicable law . All records compiled pursuant to th e
pretreatment program shall be accessible at time of inspection . Information and data on a Use r
obtained from reports, surveys, wastewater discharge permit applications, individual wastewater
discharge permits, and monitoring programs, and from the Director's inspection and samplin g
activities, shall be available to the public without restriction, unless the User specificall y
requests, and is able to demonstrate to the satisfaction of the Director, that the release of suc h
information would divulge information, processes, or methods of production entitled t o
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 Use r
furnishing a report that such information should be held confidential, the portions of a repor t
which might disclose trade secrets or secret processes shall not be made available for inspectio n
by the public, but shall be made available immediately upon request to governmental agencie s
for uses related to the NPDES program or pretreatment program, and in enforcement proceeding s
involving the person furnishing the report . Wastewater constituents and characteristics and othe r
effluent data, as defined at 40 CFR 2 .302 shall not be recognized as confidential information an d
shall be available to the public without restriction .
SECTION 13 .That section 13 .08 .250 (Determination — User Classification) of the Sa n
Luis Obispo Municipal Code is hereby amended to read as follows :
A schedule of charges and fees shall be adopted by the city by resolution and may be amende d
from time to time which will enable the city to comply with the revenue requirements of th e
State Clean Water Grant Program . Charges and fees shall be determined in a manner consisten t
with regulations of the grant program .
1 . All users shall be classified by assigning each one to a user classification (Significan t
Industrial User, Class I User or Class II User) category according to the principal activit y
conducted on the user's premises and appropriate nonindustrial classifications as determined b y
the city . The purpose of such classification is to facilitate the regulation of wastewater discharge s
based on wastewater constituents and characteristics to provide an effective means of sourc e
control, and to establish a system of user charges and industrial user wastewater discharge permi t
PH3-17
Attachment 1
fees which will ensure an equitable recovery of the city's cost for operation of the pretreatmen t
program .
2 . The charges for each wastewater constituent and characteristic shall be established by the cit y
and set forth in the city's schedule of charges and fees, which may include, but shall not b e
limited to :
a.User classification charges .
b.Fees for monitoring and inspections .
c.Charges and fees based on wastewater constituents and characteristics to include industria l
cost recovery provisions of the Federal Act (i .e ., PL 92-500).
d.In case a residence or place of business becomes vacant, the minimum sewer charge shall b e
collected until the city is requested to shut off the water .
e.All charges for such sewage service shall be paid at the same time as water charges are paid to
the city and shall be billed upon the same water bill sent to the user ; and both amounts must b e
paid or the city may, in addition to other remedies, shut off the water service .
f.Any person failing to pay the sewer service charge when due, and if the water service has bee n
disconnected, shall pay the water restoration-reconnection charge provided for in Sectio n
13 .04 .180 .
When user classification charges are established, they shall be based upon a minimum basi c
charge for each premises, computed on the basis of wastewater from a domestic premises .
SECTION 14 .That section 13 .08 .320 (Issuance of cease and desist orders) of the San
Luis Obispo Municipal Code is hereby amended to read as follows :
When the director finds that a violation of this chapter has occurred, or appears imminent, an d
the violation appears to present an imminent endangerment to the health or welfare of persons, o r
the environment, or which threatens to interfere with the operation of the POTW or cause pass -
through, the director may, after informal notice to the violator, issue an order to cease and desis t
and direct those persons not complying with this chapter to :
A.Comply forthwith ; o r
B.Comply in accordance with a time schedule set forth by the director ; or
C.Take appropriate remedial or preventive action in the event of a threatened violation . (Ord .
1195 § 1, 1991 )
SECTION 15 .That section 13 .08 .330 (Submission of time schedule) of the San Lui s
Obispo Municipal Code is hereby amended to read as follows :
PH3-18
Attachment 1
When the director finds that a discharge of wastewater has taken place, in violation o f
prohibitions or limitations prescribed in this chapter, or wastewater source control requirements ,
effluent limitations or pretreatment standards, or the provisions of a wastewater discharge permit,
the director may require the user to submit to the appropriate POTW representative, a repor t
containing methods to eliminate illegal discharges, a time schedule for the commencement an d
completion of any equipment installation or maintenance necessary to comply with discharg e
limitations and methods of assurance of continued compliance . (Ord . 1195 § 1, 1991)
PH3-19
Attachment 1
INTRODUCED on the 4th day of October 2011,AND FINALLY ADOPTED by the Counci l
of the City of San Luis Obispo on the day of October 2011,on the following roll cal l
vote :
AYES :
NOES :
ABSENT :
Mayor Jan Howell Mar x
ATTEST :
Elaina Can o
City Clerk
J . Christine I ietrick, City Attorney
Attachment 2
Chapter 13 .0 8
SEWERS 1
Sections :
Article I . Sewer Connectio n
13 .08 .010 Fee required prior to permit issuance for newly annexed territory .
13 .08 .020 Computation of fee.
13 .08 .030 Exemption of outstanding bonds from fee determination .
13 .08 .040 Main extensions to customers other than subdivisions—Terms an d
conditions .
13 .08 .090 Use of existing sewer .
13 .08 .100 Design standards—Conformance with required .
Article II. Discharge s
13 .08 .110 Purpose and Policy .
13 .08 .120 Definitions .
13 .08 .130 Stormwater and unpolluted drainage .
13 .08 .140 Prohibited discharges .
13 .08 .150 Federal categorical pretreatment standards—Applicability .
13 .08 .160 Grease, oil, and sand interceptors .
13 .08 .170 Pretreatment facilities .
13 .08 .180 Control manhole .
13 .08 .190 Measurements and tests .
13 .08 .200 Drainage below curb and below main sewer level .
13 .08 .210 Powers and authority of inspectors .
Attachment 2
13 .08 .220 Permit—Required—Term—Transfer—Revocation—Completion of a n
industrial user's survey required .
13 .08 .230 Reporting requirements for permittees .
13 .08 .240 Confidentiality—Public disclosure .
Article III . Charges and Fee s
13 .08 .250 Determination—User classification .
13 .08 .260 Use of revenues .
Article IV . Rules and Regulations Governing the Disposal of Septic Tank Cleaning s
13 .08 .270 Unlawful to dump on land .
13 .08 .280 Unlawful to dump into city collection system except as provided in thi s
chapter .
13 .08 .290 Dumping regulations.
13 .08 .300 Dumping permit and fees .
Article V. Enforcemen t
13 .08 .310 Unlawful discharges .
13 .08 .320 Issuance of cease and desist orders .
13 .08 .330 Submission of time schedule .
13 .08 .340 Appeals .
Article VI . Abatement and Penaltie s
13 .08 .350 Use of provisions .
13 .08 .360 Declaration of public nuisance .
13 .08 .370 Injunctive relief .
13 .08 .380 Assessment of cost .
13 .08 .390 Civil penalties .
Attachment 2
13 .08 .400 Criminal penalties.
13 .08 .410 Falsifying information .
13 .08 .420 Termination of service.
Article I . Sewer Connection
13 .08 .010 Fee required prior to permit issuance for newly annexe d
territory .
Before a permit shall be issued for a sewer connection in any area now outside the cit y
limits which shall hereafter be annexed to the city, the owner or applicant shall pay to th e
city for such privilege a sum of money to be computed by the cityengineor as th e
property's share of the cost of the existing sewerage facilities of the city to be used by the
property. (Prior code § 7500 )
13 .08 .020 Computation of fee.
The sum shall be the equivalent of the cost to similar properties then within the cit y
which have paid for the facilities so to be used. (Prior code § 7500 .1 )
13 .08 .030 Exemption of outstanding bonds from fee determination .
The sum shall not include any amounts from which bonds of the city are then outstandin g
and to which the property shall become subject upon annexation . (Prior code § 7500 .2 )
13 .08 .040 Main extensions to customers other than subdivisions—Term s
and conditions .
A.Sewer mains may be extended by developers or other interested parties that woul d
benefit by their extension, at their cost, providing the improvements are designed t o
current city standards and policy and are approved by the director of public works an d
director of utilities .
B.The owner or developer who installs improvements which abut property other tha n
that being developed, or in a greater size or capacity than that required for th e
development of the property under consideration, may be reimbursed as provided i n
Section 16 .44 .090 of this code . (Ord. 1133 § 4, 1989 )
13 .08 .090 Use of existing sewer .
A . Payment of Costs Prior to Sewer Connection Permit Issuance . Before a permit shall b e
issued for a sewer connection in any areas within the city, which property shall use an y
existing city sewerage facilities which were constructed by a developer under a
Attachment 2
reimbursement agreement for which such property shall not have made full payment o f
its share of the cost thereof, the owner or applicant shall pay to the city a sum of mone y
for such privilege :.
..
in the same manner as provided i n
this chapter .
B . Installation of Water Meters on Private Wells Serving Commercial Properties fo r
Determining Sewer Service Charges . All commercial properties where private well wate r
is used and discharged to the existing sewer system shall install a water meter on the wel l
in order to determine the appropriate sewer charges . Installation of the water meter shal l
be in accordance with the standards established by the city engineer .Privatewells servin g
1307 § 1, 1996 ; prior code § 7500 .8 )
13 .08 .100 Design standards—Conformance with required .
All sewers whether built on public streets or in public easements shall be designed by a
registered engineer and shall conform to the Uniform Design Standards adopted by th e
city. (Prior code § 7500 .9)
Article II . Discharges
13 .08 .110 Purpose and Policyscope .
A.Thisordinanceese-previsiens sets- forth uniformferth requirements for Usersstandards
f the Ppublicly Clowned Ttreatment Wwork s
(POTW) for the City sof San Luis Obispoity .These
uniform
requirements enable the city to comply with all applicable Sstate and Ffederal law s
including required-by the Clean Water Act (33 United States Code [U .S .C .] section 125 1
et seq.) of 1977 and the General Pretreatment Regulations (Title40 of the Code of
Federal Regulations [CFRj, Part 403).
B.The objectives of these provisions are :
1.To prevent the introduction of pollutants into the POTW which will interfere with th e
operation of the POTW, including interference with the use or disposal of municipa l
sludge ;
2.To prevent the introduction of pollutants into the POTW which will pass through the
I system inadequately treated, into receiving waters .,or otherwise be incompatible with th e
system ;
Attachment 2
3.To improve opportunities to recycle and reclaim wastewaters and sludges from th e
system ;
4.To protect bothPOTW personnel who may be affected by wastewater and sludge i n
the course of their employment and the general publi •
ehemicalsi
5.To enable the City to comply with its National Pollutant Discharge Eliminatio n
System permit conditions, sludge use and disposal requirements, and any other Federal o r
State laws to which the POTW is subject .
C.These provisions provide for the regulation of direct and indirect contributors to th e
POTW through the issuance of permits to industrial users, pretreatment and reportin g
requirements for permittees, monitoring and enforcement of noncompliance . (Ord . 119 5
§ 1, 1991 )
D.Except as otherwise provided herein, the Director shall administer, implement, an d
enforce the provisions of this ordinance . Any powers granted to or duties imposed upon
the Director may be delegated by the Director to a duly authorized City of San Lui s
Obispo employee .
13 .08 .120 Definitions .
The following words shall have the following meanings :
A . "Authorized representative" means any of the following :
1.A principal executive officer of at least the level of vice-president or any other perso n
who performs similar policy or decision-making functions,if the industrial user
submitting the reports is a corporation ;
2.A general partner or proprietor if the industrial user submitting the reports is a
partnership or sole proprietorship respectively ;
3.If the User is a Federal, State, or local government facility : a director or highes t
official appointed or designated to oversee the operation and performance of the activitie s
of the government facility, or their designee .
43 .The individuals described in (A)(1) through (A)(3), above, may designate a A- dul y
Authorized Rfepresentative if the authorization is in writing, the authorizatio n
specifiesef the individual
representative or positionis responsible for the overall operation of the facility fro m
which the discharge originates or having overall responsibility for environmental matter s
for the company, and the written authorization is submitted to the City or as provided fo r
by federal and state law .
Attachment 2
B."Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in th e
biochemical oxidation of organic matter under standard laboratory procedures for five (5 )
days at 20 degrees centigrade and expressed in milligrams per liter (mg/LI).
C."Best Management Practices" (or BMPs means schedules of activities, prohibitions o f
practices, maintenance procedures, and other management practices to implement th e
prohibitions listed in Article II and 40 CFR 403 .5(a)(1) and (b). BMPs include treatmen t
requirements, operating procedures, and practices to control plant site runoff, spillage o r
leaks, sludge or sewage disposal, or drainage from raw materials storage .
D."Categorical Industrial User" means an Industrial User subject to a Categorica l
Pretreatment Standard or Categorical Standard .
EG . "Categorical Epretreatment Sstandard or Categorical Standard"means any regulation
containing pollutant discharge limits promulgated by EPA in accordance with section s
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, Part 405-471the-natiena l
F . "City" means the city of San Luis Obispo .
GD . "Class I industrial user" means any industrial user, not defined as a significan t
industrial use user that has materials and/or wastes on site that if discharged to th e
sewer may impact the POTW in a negative manner . These materials and wastes include ,
but are not limited to, any and all prohibited discharges described in Section 13 .08 .140 of
this chapter .
H ."Class II industrial user" means any industrial user, not defined as a significant
industrial user, that may discharge conventional pollutants to the POTW which ma y
cause interference or pass-through . These wastes include but are not limited to laundr y
discharges, nonhazardous solids and oil and grease of animal or vegetable origin .
IE . "Conventional pollutants" means pollutants which are usually found in domesti c
and/or commercial wastes such as suspended solids, biological oxygen demand ,
pathogenic organisms, and oil and grease of animal or vegetable origin .
KM. "Director" means the utilities director of the city of San Luis Obispo or his or he r
duly authorized representative . Any notice required to be given to the director shall b e
delivered to the director at 879955 Morro Street, San Luis Obispo, or as otherwis e
directed .
Attachment 2
LI . "Domestic wastewater" means water bearing only those wastes derived from th e
ordinary living processes and of such character as to permit satisfactory disposal to, an d
treatment in, the POTW .
M . "Grab Sample" means a sample that is taken from a wastestream without regard to th e
flow in the wastestream and over a period of time not to exceed fifteen (15) minutes .
N3 . "Grease" means all fat, grease, oil, wax or other trichlorotrifluoroethane solubl e
matter of animal, vegetable, petroleum or mineral origin .
OK . "Industrial user" or "User"means a person who discharges nondomestic wastewate r
into the city sewer system .
PL. "Industrial user's survey" means a questionnaire (and related process) used by th e
city to identify and categorize industrial users and the characteristics of their wastewate r
discharge.
QM . "Infectious waste" means any waste material or article which harbors or ma y
reasonably be considered to harbor any type of microorganism, helminth or virus whic h
causes or significantly contributes to increased morbidity or mortality in human beings .
RN . "Interference" means an inhibition or disruption of the POTW, its treatmen t
processes or operations, or its sludge processes, use or disposal which is a cause of o r
significantly contributes to either a violation of any requirement of the POTW's NPDE S
permit (including an increase in the magnitude or duration of a violation) or to th e
prevention of sewage sludge use or disposal by the POTW in accordance with th e
following statutory provisions and regulations or permits issued thereunder (or mor e
stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Wast e
Disposal Act (SWDA) (including Title II more commonly referred to as the Resourc e
Conservation and Recovery Act (RCRA) and including state regulations contained in an y
state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clea n
Air Act, and the Toxic Substances Control Act .
S . "Medical Waste" means isolation wastes, infectious agents, human blood and bloo d
products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes .,
potentially contaminated laboratory wastes, or dialysis wastes .
TO . "Natural outlet" means any outlet into a watercourse, pond, lake or other body o f
surface water or ground water.
UP . "New source" means any building, structure, facility or installation from which ther e
is or may be a discharge of pollutants, the construction of which commenced after th e
publication of proposed pretreatment standards under Section 307(c) of the Clean Wate r
Act which will be applicable to such source if such standards are thereafter promulgate d
in accordance with that section, provided that :
Attachment 2
1.The building, structure, facility or installation is constructed at a site at which no othe r
source is located ; or
2.The building, structure, facility or installation totally replaces the process or productio n
equipment that causes the discharge of pollutants at an existing source ; or
3.The production of wastewater generating processes of the building, structure, facilit y
or installation are substantially independent of an existing source at the same site .
V."Pass-through" means the discharge of pollutants to the POTW in quantities o r
concentrations which are a cause of or significantly contribute to a violation of an y
requirement of the POTW's NPDES permit (including an increase in the magnitude o r
duration of a violation).
W."Person" means any individual, firm, company, association, society, corporation ,
group, governmental agency or educational institution .
X."pH" means a measure of the acidity or alkalinity of a solution, expressed in standar d
units .
Y."Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash ,
sewage, garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biologica l
materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cella r
dirt, municipal, agricultural and industrial wastes, or certain characteristics of wastewate r
(e .g ., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
Z . "Pretreatment" means the reduction of the amount of pollutants, the elimination o f
pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, o r
in lieu of, introducing such pollutants into the POTW . This reduction or alteration can b e
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 a n
applicable Pretreatment Standard .
AA . "Pretreatment Requirements" means any substantive or procedural requiremen t
related to pretreatment imposed on a User, other than a Pretreatment Standard .
BB . "Pretreatment Standards" or "Standards" shall mean prohibited discharge standards ,
categorical Pretreatment Standards, and Local Limits .
CC . "Prohibited Discharge Standards or Prohibited Discharges" means absolut e
prohibitions against the discharge of certain substances ; these prohibitions appear i n
Section 13 .08 .140 of this ordinance .
Attachment 2
DDS . "Publicly owned treatment works (POTW)" means city-owned sewer system ,
including sewer pipes within the city that convey wastewater to the treatment plant, th e
treatment plant, sewer pipes that convey wastewater to the treatment plant from person s
outside the city who contract with the city to use the sewer system, and related facilities .
EE . "Septic Tank Waste" means any sewage from holding tanks such as vessels ,
chemical toilets, campers, trailers, or septic tanks .
FF . "Sewage" means human excrement and gray water (household showers, dishwashin g
operations, etc.).
GGT. "Significant industrial user (SIU)" means any industrial discharger subject t o
federal categorical pretreatment standards or any industrial discharger that :
1.Discharges ten thousand gallons per day or more of process wastewater ;
2.Contributes five percent or more of the average dry weather hydraulic capacity of th e
treatment plant ;
3.Discharges either continuously or intermittently to the POTW, process wastewater s
containing priority pollutants as determined through analytical procedures or reasonabl e
technical judgementjudgment ; or
4.Has a reasonable potential, in the opinion of the director, to adversely affect the POT W
treatment plant .
HHU . "Significant noncompliance" means any one of the following :
1.Chronic violations of wastewater discharge limits, as defined here as those in whic h
sixty-six percent or more of all of the measurements taken during a six-month perio d
exceed (by any magnitude) the daily maximum limit or the average limit for the sam e
pollutant parameter ;
2.Technical review criteria (TRC) violations, defined here as those in which thirty-thre e
percent or more of all of the measurements for each pollutant parameter taken during a
six-month period equal or exceed the product of the daily maximum limit or average limi t
multiplied by the applicable TRC (TRC= 1 .4 for BOD, TSS, fats, oil and grease, and 1 .2
for all other pollutants except pH);
3.Any violation of a pretreatment effluent limit (daily maximum or longer term average )
that the city determines has caused, alone or in combination with other discharges ,
interference or pass-through (including endangering the health of POTW personnel or th e
general public);
Attachment 2
4.Any discharge of a pollutant that has caused imminent endangerment to human health ,
welfare or to the environment or has resulted in the POTW's exercise of its emergenc y
authority as stated in this chapter to halt or prevent such a discharge ;
5.Failure to meet, within ninety days after schedule date, a compliance schedul e
milestone contained in a local control mechanism or enforcement order for startin g
construction, completing construction, or attaining final compliance ;
6.Failure to provide, within thirty days after the due date, required reports such a s
baseline monitoring reports, ninety-day compliance reports, periodic self-monitorin g
reports, and reports on compliance with compliance schedules ;
7.Failure to accurately report noncompliance ;
8.Any other violation or group of violations which the city determines will adversel y
affect the operation or implementation of the local pretreatment program .
II . "Slug Load or Slug Discharge" means any discharge at a flow rate or concentration ,
which could cause a violation of the prohibited discharge standards in Section 13 .08 .14 0
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, whic h
has a reasonable potential to cause Interference or Pass Through, or in any other wa y
violate the POTW's regulations, Local Limits or Permit conditions .
JJ . "Stormdrain" means a sewer which is designed to carry storm and surface waters and
drainage rather than sewage or industrial wastes .
KK . "Storm Water" means any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt .
LL. "Total Suspended Solids" or "Suspended Solids" means the total suspended matte r
that floats on the surface of, or is suspended in, water, wastewater, or other liquid, an d
that is removable by laboratory filtering .
MM . "Toxic or poisonous" means any solid, liquid or gas in such quantity that, alone o r
in combination with other waste substances, may create a hazard for humans, animals o r
the local environment, interfere with sewage treatment processes, cause a publi c
nuisance, or cause any hazardous condition to occur in the sewerage system .
NN. "Wastewater" means liquid and water-carried industrial wastes and sewage fro m
residential dwellings, commercial buildings, industrial and manufacturing facilities, an d
institutions, whether treated or untreated, which are contributed to the POTW .
Attachment 2
00. "Wastewater Treatment Plant (WWTP)" or "Treatment Plant" means that portion o f
the POTW which is designed to provide treatment of municipal sewage and industria l
waste .
13 .08 .130 Stormwater and unpolluted drainage .
A . No person shall discharge or cause to be discharged rain, stormwater, surface water ,
ground water, seepage, roof runoff, street or yard drainage, subsurface drainage, ponds o r
lawn sprays or uncontaminated water or water added for the purpose of diluting waste s
which exceed maximum concentration limitations, as stated in Section 13 .08 .140, to the
Publicly Owned Treatment Woks .
1991)It shall be unlawful to discharge any wastewater, including domestic sewage, an d
industrial wastewater, petroleum products, or otherwise polluted water, derived fro m
residential dwellings, commercial buildings, industrial and manufacturing facilities, o r
institutions, to any stormdrain or natural outlet .
C . The Director may develop Best Management Practices (BMPs),in individual
wastewater discharge permits, to implement Local Limits and the requirements of Sectio n
13 .08 .140 .
13 .08 .140 Prohibited discharges .
Attachment 2
A . General Prohibitions . No User shall introduce or cause to be introduced into th e
POTW any pollutant or wastewater which causes Pass Through or Interference . These
general prohibitions apply to all Users of the POTW whether or not they are subject t o
categorical Pretreatment Standards or any other National, State, or local Pretreatmen t
Standards or Requirements .
BA . It shall be unlawful for an industrial user to discharge pollutants into the POTW :
1.Without a permit .
2.When with a properly issued wastewater discharge permit, such pollutants are no t
covered by that permit.
3.Where such pollutants would cause the POTW to violate its NPDES permit .
CB . Except as hereinafter provided, no person shall discharge or cause to be discharge d
any of the following described waters or wastes to any sewers :
1.Any liquid or vapor having a temperature higher than one hundred fifty (150)degrees
Fahrenheit (66 degrees Celsius), or which will inhibit biological activity in the treatment
plant, resulting in Interference, but in t o the sewer and in no case higher than one hundre d
four (104)degrees Fahrenheit (40 degrees Celsius)at introduction into the wastewate r
treatment plant .
2.Any waters or wastes containing oil and grease such that the discharge results in a
stoppage, plugging, breakage, significant obstruction to flow or any other damage to o r
increased maintenance of sewers or sewerage facilities . No person shall discharge oil an d
grease which results in pass-through and/or interference .
3.Any liquids, solids or gases which by reason of their nature or quantity are or may b e
sufficient, either alone or by interaction with other substances, to cause fire or explosio n
or be injurious in any other way to the POTW and/or cause acute worker health an d
safety problems to its personnel or to the operation of the system .
4_At no time "hall any waters or wastes be discharged to the sewer that has a closed cu p
flashpoint of less than one hundred forty (140)degrees Fahrenheit (60ery degree s
Celsius), using the test methods specified in 40 CFR 261 .21 . Prohibited materials include ,
but are not limited to, gasoline, kerosene, naphtha, benzene, toluene or xylene .
54 . Any solid or viscous substance, including but not limited to unground garbage ,
feathers, ashes, cinders, sand, polishing compounds, resin beads, metal, glass, straw, rags ,
spent grains or hops, wood, plastic, mud, shavings or manure which may caus e
obstruction to the flow in sewers or other interference with the proper operation of th e
POTW .
Attachment 2
66 . Any waters or wastes having pH lower than 5_0six or higher than nine, or having an y
other corrosive property capable of causing damage or hazard to structures, equipment o r
personnel of the POTW .
76 . Any water added to a wastewater discharge for the sole purpose of dilution as a
means to achieve compliance with any pretreatment standard or local discharge limit .
87 . Any waters or wastes including oxygen demanding pollutants (BOD, etc .) at a flow
rate and/or concentration which will, either singly or by interaction with other pollutants ,
will cause Iinterference or Ppass-Tthrough .
98 . Any average daily flow greater than two percent of the WWTP average daily sewag e
flow shall be subject to the review and approval of the director .
10.Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin ,
in amounts that will cause Interference or Pass Through .
11.Any trucked or hauled pollutants, except at discharge points designated by th e
Director .
1M . Any waters or wastes containing any radioactive materials or wastes of such half lif e
or concentration that they do not comply with regulations issued by appropriat e
authorities (Sections 30285 and 30287 of the California Code of Regulations).
134-. Any infectious wastes,.
14 . Any Medical Wastes, except as specifically authorized by the Director in a n
individual wastewater discharge permit or a general permit .
152 . Any waters or wastes containing color which is not removed in the ordinary WWT P
treatment process .
D . Users with the potential to discharge flammable substances may be required to instal l
and maintain an approved combustible gas detection meter .
E Local Limits .
1.The Director is authorized to establish Local Limits pursuant to 40 CFR 403 .5(c).
2.The following pollutant limits are established to protect against Pass Through an d
Interference . No person shall discharge wastewater containing in excess of th e
following :
Attachment 2
CONSTITUENT UNIFOR M
LIMIT (mg/L)
CONTRIBUTOR Y
LIMIT A (mg/L)
CONTRIBUTOR Y
LIMIT B (mg/L )
Ammonia 32 5 0
Biochemical Oxygen Deman d
(BOD)
226 400 25 0
Chloride 152 3
Sodium 120 0
Total Dissolved Solids (TDS)221 5
Total Suspended Solids (TSS)2346
Copper 0 .14 0 .2 0
Zinc 0 .17 1 .00 0 .50
Unless otherwise stated in individual discharge permit, the uniform limits shall apply t o
all dischargers . Application for contributory levels A or B may be made to the Director .
The Director's decision shall be the City's final decision .
The above limits apply at the point where the wastewater is discharged to the POTW . All
concentrations for metallic substances are for total metal unless indicated otherwise . The
Director may impose mass limitations in addition to the concentration-based limitation s
above .
FG . Limitations on wastewater strength in this chapter may be supplemented with mor e
stringent limitations if:
PH3-3 4
Attachment 2
1.The director determines that the limitations listed in this chapter may not be sufficien t
to protect the operation of the city's treatment works ; o r
2.The director determines that the limitations listed in this chapter may not be sufficien t
to enable the city's treatment works to comply with water quality standards or effluen t
limitations specified in the city's NPDES permit .
GD . When the director determines that a user is contributing any of the substance s
mentioned in subsection A of this section in such amounts as to interfere with the
operation of the POTW, the director shall :
1.Advise the user of the impact of the contribution on the POTW ;
2.Develop effluent limitations for the user to correct ;
3.Place limits on rate and time of discharge or requirements for flow regulations an d
equalization ;
4.Require pretreatment of discharge prior to discharge to POTW ; or
5.Take any other action necessary to eliminate the interference . (Ord . 1195 § 1, 1991 )
13 .08 .150 Federal categorical pretreatment standards—Applicability .
Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapte r
I, Subchapter N, Parts 405—471 .
13 .08 .160 Grease,
and sand interceptors .
Grease, oil and sand interceptors shall be provided for the proper handling of liqui d
wastes containing grease, flammable wastes, sand or other harmful constituents ; except
that such interceptors shall not be required for private living quarters or dwelling units .
All interceptors shall be of a type and capacity approved by the director in accordanc e
with the Uniform Plumbing Code, and shall be located as to be readily and easil y
accessible for cleaning and inspection . Grease and oil interceptors shall be constructed o f
impervious materials capable of withstanding abrupt and extreme changes in temperature .
They shall be of substantial construction, watertight, and equipped with easily removabl e
covers which, when bolted in place, shall be gastight and watertight . Where installed, al l
grease, oil and sand interceptors shall be maintained by the owner, at his or her expense ,
in continuously efficient operation at all times . Failure to properly maintain interceptor s
in continuously efficient operation may be considered sufficient cause for disconnection
PH3-35
Attachment 2
of premises from the POTW or punitive actions as provided for in this chapter . (Ord .
1195§1,1991 )
13 .08 .170 Pretreatment facilities .
Users shall provide wastewater treatment as necessary to comply with this ordinance an d
shall achieve compliance with all categorical Pretreatment Standards, Local Limits, an d
the prohibitions set out in Section 13 .08 .140 of this ordinance within the time limitation s
specified by EPA, the State, or the Director, whichever is more stringent . Any facilitie s
necessary for compliance shall be provided, operated, and maintained at the User's
expense . Detailed plans describing such facilities and operating procedures shall b e
submitted to the Director for review, and shall be acceptable to the Director before suc h
facilities are constructed . The review of such plans and operating procedures shall in n o
way relieve the User from the responsibility of modifying such facilities as necessary t o
produce a discharge acceptable to the City under the provisions of this ordinance . All
Pretreatment facilities must comply with all other applicable laws .
.a .
director. (Ord . 1195 § 1, 1991 )
13 .08 .180 Control manhole .
When required by the director, the owner of any property served by a building sewe r
carrying industrial wastes shall install a suitable control manhole in the building sewer t o
facilitate observation, sampling and flow measurement of the discharge . Such manhole,
when required, shall be accessible and safely located, and shall be constructed i n
accordance with plans approved by the director . The manhole shall be installed by th e
owner at his or her expense and shall be maintained by him or her so as to be safe an d
accessible at all times . (Ord . 1195 § 1, 1991 )
13 .08 .190 Measurements and tests .
All measurements, tests and analyses of the characteristics of water and wastes shall b e
determined by the testing procedures specified in 40 CFR Part 136 . When required by th e
Ddirector, the industrial user shall provide safe and secure access to the proper samplin g
point for the determination of compliance with federal categorical standards and/or loca l
discharge limits . This may require the installation of a control manhole as described
Attachment 2
above . All testing shall be performed by an approved laboratory and conducted at th e
expense of the discharger . (Ord . 1195 § 1, 1991 )
13 .08 .200 Drainage below curb and below main sewer level .
A.Drainage Piping Serving fixtures . Drainage piping serving fixtures, the flood leve l
rims of which are located below the elevation of the curb or property line, at the poin t
where the building sewer crosses under the curb or property line, and above the crow n
level of the main sewer, shall drain by gravity into the main sewer, and shall be protecte d
from backflow of sewage by installing an approved type backwater valve, and each suc h
backwater valve shall be installed only in that branch or section of the drainage syste m
which receives the discharge from fixtures located below the elevation of the curb o r
property line. If the drainage piping is lower than the next upstream manhole, th e
property owner may be required to install a backwater valve .
B.Director Empowered To Stop Overflow . If the property owner fails to install an d
maintain a backwater trap or backwater valve in good working condition, when require d
under this section, the director may order and require the plumbing fixture to b e
disconnected and removed and the outlet plugged or capped . In the event that th e
property owner fails to disconnect and plug or cap the sewer connection within ten day s
after written notice by the director, then the director shall arrange for such disconnectio n
and capping, the cost of which may be collected by court action or may be declared to b e
a lien by action of the council after public hearing and notice of the property owner an d
shall be added to and collected as part of the tax roll .
C.Alternate Right to Terminate Water Service . As an alternate to the procedure set fort h
in subsection B of this section, if the property owner fails to install and maintain a
backwater trap valve in good working condition when requested under this chapter, th e
director may order and require termination of water service to the parcel and all structure s
connected to the sewer outlet subject to overflow . The water service shall not b e
reinstated until the maintenance or installation of the backwater trap or backwater valv e
has been approved by the director .
D.Maintenance of House Connection Sewers . All house connection sewers, industria l
sewers, private sewage disposal systems and appurtenances thereto, now existing o r
hereafter conducted, shall be maintained by the owner of the property in a safe an d
sanitary condition ; and all devices or safeguards which are required by the section for th e
operation thereof shall be maintained in a good working order .-_If a property owner fail s
to maintain the wastewater disposal facilities in a safe and sanitary condition, the directo r
may order and require termination of water service to the parcel and all structure s
connected to the sewer outlet subject to improper conditions . The water service shall no t
be reinstated until the maintenance or installation of appropriate wastewater disposa l
facilities has been approved by the director . (Ord . 1195 § 1, 1991)
Attachment 2
13 .08 .210 Powers and authority of inspectors .
A.Inspection of Premises . The Ddirector,th e heal tl of c er,o r other duly authorize d
employees or representatives of the city
bearing proper
credentials and identification shall be readily permitted to enter all properties for th e
purposes of inspection, observation,record examination and copying,measurement ,
sampling, and testing in accordance with the provisions of this chapter at all reasonabl e
times . If the Ddirector, health officer, or other duly authorized employee or representativ e
of the city or the health department has reasonable cause to believe that wastewate r
discharge conditions on or emanating from a facility are so hazardous, unsafe o r
dangerous-as to require immediate inspection to safeguard public health or safety or th e
integrity of the POTW, they shall have the right to immediately enter and inspect th e
property and may use any reasonable means required to effect such entry and make suc h
inspection .
B.The Director shall have the right to set up on the User's property, or requir e
installation of, such devices as necessary to conduct sampling and/or metering of th e
User's operations . The Director may require the User to install monitoring equipment a s
necessary. The facility's sampling and monitoring equipment shall be maintained at al l
times in a safe and proper operating condition by the User at its own expense . Any
temporary or permanent obstruction to safe and easy access to the facility to be inspecte d
and/or sampled shall be removed by the User at the written or verbal request of th e
director and shall not be replaced . The costs of clearing such access shall be born by th e
User . Unreasonable delays in allowing access to the User's premises shall be a violatio n
of this ordinance .
CB. Cost of Inspection . Each discharger shall pay a reasonable inspection fee sufficien t
to cover the costs of the inspection . Such costs may be incorporated in the industrial use r
wastewater discharge permit fee .
DE . Liability for Injury . While performing the necessary work on private propertie s
referred to in subsection A of this section, authorized employees, and the city shal l
indemnify the company against loss or damage to its property by such employees an d
against liability claims and demands for personal injury or property damage asserte d
against the company and growing out of the gauging and sampling operation, except a s
such may be caused by negligence or failure of the company to maintain safe condition s
as required by this chapter .
Attachment 2
E .Rights of City Entry . The Ddirector, the health officer, and other duly authorize d
employees of the city or health department bearing proper credentials and identificatio n
shall be permitted to enter all private properties through which the city holds a dul y
negotiated easement for the purposes of, but not limited to, inspection, observation ,
measurement, sampling, repair and maintenance of any portion of the POTW . (Ord . 119 5
§ 1, 1991 )
13 .08 .220 Permit—Required—Term—Transfer—Revocation —
Completion of an industrial user's survey required .
All dischargers of nondomestic wastewater to the city sewer system shall complete a n
industrial user's survey and shall obtain a wastewater discharge permit from th e
Ddirector. It is unlawful to discharge nondomestic wastewater without a permit, or to fai l
to complete an industrial user's survey .
A . Permit Conditions . Wastewater discharge permits shall be expressly subject to al l
provisions of this chapter and all other regulations, user charges and fees established b y
the city . The conditions of wastewater discharge permits shall be uniformly enforced b y
the Ddirector in accordance with this chapter, and applicable state and federa l
regulations . Permit requirements may include but not be limited to the following :
1.The unit charge or schedule of user charges and fees for wastewater to be discharged t o
a community sewer .
2.The average and maximum wastewater constituents and characteristics .
3.Limits on rate and time of discharge or requirements for flow regulations an d
equalization .
4.Requirements for installation of inspection and sampling facilities .
5.Pretreatment requirements .
6.Specifications for monitoring programs which may include sampling locations ,
frequency and method of sampling, number, types and standards for tests and reportin g
schedule.
7.Requirements for submission of technical reports or discharge reports .
8.Mean and maximum mass emission rates, or other appropriate limits whe n
incompatible pollutants (as defined by city ordinance) are proposed or present in th e
user's wastewater discharge .
9.Requirements for submission to inspections .
Attachment 2
10 . Other conditions as deemed appropriate by the Ddirector to ensure compliance wit h
this chapter .
B.Duration of Permits . Permits shall be issued for a specified time period, not to excee d
five years . A permit may be issued for a period of less than one year or may be stated t o
expire on a specific date . The terms and conditions of the permit may be subject t o
modification and change by the director during the life of the permit as limitations o r
requirements as identified in this chapter are modified and changed . The user shall be
informed of any proposed changes in their permit at least thirty days prior to the effectiv e
date of change . Any changes or new conditions in the permit shall include a reasonabl e
time schedule for compliance .
C.Transfer of a Permit . Wastewater discharge permits are issued to a specific user for a
specific operation . A wastewater discharge permit shall not be reassigned or transferre d
or sold to a new owner, new user, different premises, or a new or changed operation .
Provided that, if in the opinion of the director, the sale or transfer of an operation doe s
not result in a change in use, the permit may be reassigned .
D.Revocation of Permit . Any user who violates any of the conditions of this chapter, o f
applicable state and federal regulations, or of any of the following conditions, is subjec t
to permit revocation :
1.Failure to factually report the wastewater constituents and characteristics of discharge .
2.Failure to report significant changes in operations or wastewater constituents an d
characteristics .
3.Refusal of reasonable access to the user's premises for the purpose of inspection o r
monitoring.
4.Failure to provide official evidence of proper disposal of nondomestic wastes no t
permitted by city ordinances (hazardous wastes) (Ord . 1195 § 1, 1991 )
13 .08 .230 Reporting requirements for permittees .
A.Any discharger of nondomestic wastewater may be required to submit to the director a
report indicating the nature, concentration and daily flows of all limiting pollutants . The
report shall also state whether the applicable pretreatment standards and requirements ar e
being consistently met .
B.After meeting the requirements set forth in subsection A of this section, the user shal l
submit self-monitoring reports, as required by the director, to assess and assure continue d
compliance with pretreatment standards and requirements, including, but not limited to ,
the reports required in 40 CFR 403 .12 These reports shall contain the results of samplin g
and analysis of the discharge, done in accordance with the procedures approved by th e
POTW .
Attachment 2
C.Reports, such as those identified in subsections A and B but not limited to, shall b e
signed and certified by an authorized representative of the discharging facility .
D.All industrial users shall be required to retain for a minimum of three years an y
records and/or reports of monitoring activities or results and shall make such records /
reports available for inspection and copying by the POTW . This period of retention shal l
be extended during the course of any unresolved litigation regarding the industrial user .
(Ord . 1195 § 1, 1991 )
13 .08 .240 Confidentiality—Public disclosure .
Process and product information collected during inspection of premises may be kep t
confidential at the request of the business owner or his or her representative, insofar a s
such confidentiality is allowed pursuant to applicable law . All records compiled pursuan t
to the pretreatment program shall be accessible at time of inspection . Information an d
data on a User obtained from reports, surveys, wastewater discharge permit applications ,
individual wastewater discharge permits, and monitoring programs, and from th e
Director's inspection and sampling activities, shall be available to the public withou t
restriction, unless the User specifically requests, and is able to demonstrate to th e
satisfaction of the Director, that the release of such information would divulg e
information, processes, or methods of production entitled to protection as trade secret s
under applicable State law . Any such request must be asserted at the time of submissio n
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 whic h
might disclose trade secrets or secret processes shall not be made available for inspectio n
by the public, but shall be made available immediately upon request to governmenta l
agencies for uses related to the NPDES program or pretreatment program, and i n
enforcement proceedings involving the person furnishing the report . Wastewater
constituents and characteristics and other effluent data, as defined at 40 CFR 2 .302 shal l
not be recognized as confidential information and shall be available to the public withou t
restriction .
s e
Article III . Charges and Fee s
13 .08 .250 Determination—User classification .
Attachment 2
A schedule of charges and fees shall be adopted by the city by resolution and may b e
amended from time to time which will enable the city to comply with the revenu e
requirements of the State Clean Water Grant Program . Charges and fees shall b e
determined in a manner consistent with regulations of the grant program .
1.All users shall be classified by assigning each one to a user classification (Significan t
Industrial User, Class I User or Class II User) category according to the principal activit y
conducted on the user's premises and appropriate nonindustrial classifications a s
determined by the city . The purpose of such classification is to facilitate the regulation o f
wastewater discharges based on wastewater constituents and characteristics to provide a n
effective means of source control, and to establish a system of user charges and industria l
user wastewater discharge permit fees which will ensure an equitable recovery of th e
city's cost for operation of the pretreatment program .
2.The charges for each wastewater constituent and characteristic shall be established b y
the city and set forth in the city's schedule of charges and fees, which may include, bu t
shall not be limited to :
a.User classification charges .
b.Fees for monitoring and inspections .
c.Charges and fees based on wastewater constituents and characteristics to includ e
industrial cost recovery provisions of the Federal Act (i .e ., PL 92-500).
d.In case a residence or place of business becomes vacant, the minimum sewer charg e
shall be collected until the city is requested to shut off the water .
e.All charges for such sewage service shall be paid at the same time as water charges ar e
paid to the city and shall be billed upon the same water bill sent to the user ; and both
amounts must be paid or the city may, in addition to other remedies, shut off the wate r
service .
f Any person failing to pay the sewer service charge when due, and if the water servic e
has been disconnected, shall pay the water restoration-reconnection charge provided fo r
in Section 13 .04 .180 .
When user classification charges are established, they shall be based upon a minimu m
basic charge for each premises, computed on the basis of wastewater from a domesti c
premises .
Attachment 2
and grease, chlorine demand, heavy metals and volume. (Ord . 1195 § 1, 1991 )
13 .08 .260 Use of revenues .
Revenue derived by the city under the provisions of the ordinance codified in this articl e
shall be used for the operation, acquisition, construction, reconstruction and maintenanc e
of the sanitary sewer system and shall be applied to the retirement of any bonde d
indebtedness which was incurred to improve the sanitary sewer system . (Ord . 1195 § 1 ,
1991 )
Article IV . Rules and Regulations Governing the Disposal of Septic Tank Cleaning s
13 .08 .270 Unlawful to dump on land .
It is unlawful for any person to dump or discharge raw or chemically treated sewage fro m
any source onto the surface of any lands within the city, except such lands as the cit y
utilizes in connection with the operation of its wastewater treatment plant . (Ord . 119 5
§ 1, 1991 )
13 .08.280 Unlawful to dump into city collection system except as provide d
in this chapter .
It is unlawful for any person to dump or discharge into the city sewer collection syste m
septic tank cleanings or any raw or chemically treated sewage from septic tanks or an y
industrial or unidentified liquid waste or any hazardous waste except as provided in thi s
article. (Ord . 1195 § 1, 1991 )
13 .08 .290 Dumping regulations .
Raw or chemically treated sewage from chemical toilets may be discharged or dumpe d
into the city sewer collection system only at the places designated by the director . (Ord .
1195§1,1991 )
13 .08 .300 Dumping permit and fees .
Each person dumping or discharging raw or chemically treated sewage into the facilitie s
of the city shall pay the appropriate fees established in accordance with the criteria se t
forth in Section 13 .08 .250 .(Ord . 1195 § 1, 1991 )
Article V. Enforcement
13 .08 .310 Unlawful discharges .
Attachment 2
A . Notification of Discharge .
1.Users shall notify the director immediately upon discharging wastes in violation of thi s
chapter to enable countermeasures to be taken by the city to minimize damage to th e
community sewer, treatment facility, treatment process, treatment personnel and th e
receiving waters .
2.This notification shall be followed within fifteen days of the date of occurrence, by a
detailed written statement describing the causes of the accidental discharge and th e
measures being taken to prevent future occurrence .
3.Such notification will not relieve users of liability for any expense, loss or damage t o
the sewer system, treatment plant, or treatment process, or for any fines imposed on th e
city by any public entity on account thereof .
B . Notices to Employees . In order that employees of users be informed of cit y
requirements, users shall make available to their employees copies of this chapter ,
together with such other wastewater information and notices which may be furnished b y
the city from time to time directed toward more effective water pollution control .A
notice shall be furnished and permanently posted on the user's bulletin board advisin g
employees whom to call in case of an accidental discharge in violation of this chapter .
C . Preventive Measures . Any direct or indirect connection or entry point for persistent o r
deleterious wastes to the user's plumbing or drainage system should be eliminated .
Where such action is impractical or unreasonable, the user shall appropriately label suc h
entry points to warn against discharge of such wastes in violation of this chapter . (Ord .
1195§1,1991 )
13 .08 .320 Issuance of cease and desist orders .
When the director finds that a violation of this chapter has occurred, or appears imminent ,
and the violation appears to present an imminent endangerment to the health or welfare o f
persons, or the environment, or which threatens to interfere with the operation of th e
POTW or cause pass-through,the director may, after informal notice to the violator, issu e
an order to cease and desist and direct those persons not complying with this chapter to :
A.Comply forthwith ; or
B.Comply in accordance with a time schedule set forth by the director ; or
C.Take appropriate remedial or preventive action in the event of a threatened violation .
(Ord . 1195 § 1, 1991 )
13 .08 .330 Submission of time schedule .
Attachment 2
When the director finds that a discharge of wastewater has taken place, in violation o f
prohibitions or limitations prescribed in this chapter, or wastewater source contro l
requirements, effluent limitations or pretreatment standards, or the provisions of a
wastewater discharge permit, the director may require the user to submit to th e
appropriate POTW representative manager,a report containing methods to eliminat e
illegal discharges, a time schedule for the commencement and completion of an y
equipment installation or maintenance necessary to comply with discharge limitation s
and methods of assurance of continued compliance . (Ord . 1195 § 1, 1991 )
13 .08 .340 Appeals .
A.Any user, permit applicant, or permit holder affected by any decision, action o r
determination, including cease and desist orders, made by the director, interpreting o r
implementing the provisions of this chapter or in any permit issued herein, may file wit h
the city clerk a written appeal within ten days of such decision, action or determination ,
setting forth in detail the facts supporting the appeal .
B.The written appeal shall be heard by the council within thirty days from the date o f
filing. The council shall make a final ruling on the appeal within ten days of the close o f
the meeting . Pending final determination on the appeal by the council, the decisio n
appealed from shall remain in full force and effect . (Ord . 1195 § 1, 1991 )
Article VI . Abatement and Penaltie s
13 .08 .350 Use of provisions .
The actions and remedies available to the director in the sections set forth in this articl e
may be utilized separately or in combination by the director as it deems appropriate .
(Ord . 1195 § 1, 1991 )
13 .08 .360 Declaration of public nuisance .
Discharges of wastewater in any manner in violation of this chapter or of any orde r
issued by the director as authorized by this chapter constitutes a misdemeanor and is als o
declared to be a public nuisance which may be corrected or abated as directed by th e
director. (Ord . 1195 § 1, 1991 )
13 .08 .370 Injunctive relief.
The director is authorized to seek injunctive relief to halt the noncompliance by an y
industrial user with any pretreatment standard or requirement under this chapter, o r
permit issued hereunder . (Ord . 1195 § 1, 1991 )
13 .08 .380 Assessment of cost .
Attachment 2
Any person who discharges or causes to be discharged any water or wastewater i n
violation of this chapter and such discharge, either singly or by interaction with othe r
discharges, results in damage to or is otherwise detrimental to or adversely affects th e
POTW, stormdrain system or waters of the state shall be liable to the director fo r
expenses necessary to correct that damage, detriment or adverse effect . The expenses
may include, but are not limited to, costs for labor, material, inspection and overhead .
Any expenses resulting from the investigation of unlawful discharges shall be collecte d
from the responsible party . In addition, any monetary penalties imposed against th e
director shall also be costs for which the violator is liable to the director . (Ord . 1195 § 1 ,
1991 )
13 .08 .390 Civil penalties .
Any person who violates any provision of this chapter or permit issued hereunder, or wh o
discharges wastewater which causes pollution, or who violates any cease and desist order ,
prohibition, effluent limitation, national standard of performance, pretreatment or toxicit y
standard shall be liable for an administrative civil penalty of not less than one thousan d
dollars per day per violation . Penalties shall be assessed by the director, after opportunit y
is given for a hearing . (Ord . 1195 § 1, 1991 )
13 .08 .400 Criminal penalties .
Any person who violates any provision of this chapter or permit issued hereunder, or wh o
discharges wastewater which causes pollution, or who violates any cease and desist order ,
prohibition, effluent limitation, national standard of performance, pretreatment or toxicit y
standard shall be guilty of a misdemeanor . Each day of violation shall constitute a
separate offense . The penalty for violation shall include a fine of not less than on e
thousand dollars per violation . (Ord. 1195 § 1, 1991 )
13 .08 .410 Falsifying information .
Any person who knowingly makes any false statements, representation, record, report ,
plan or other document filed with the director, or who falsifies, tampers with o r
knowingly renders inaccurate any monitoring device or method required under thi s
chapter shall be guilty of a misdemeanor . (Ord . 1195 § 1, 1991 )
13 .08 .420 Termination of service .
The director may revoke any wastewater discharge permit, or terminate or cause to b e
terminated wastewater and/or water service to any premises if a violation of an y
provision of this chapter is found to exist or if a discharge of wastewater causes o r
threatens to cause a condition of contamination, pollution or nuisance as defined in thi s
chapter. This provision is in addition to other statutes, rules or regulations, authorizin g
termination of services for delinquency in payment . (Ord . 1195 § 1, 1991)
Attachment 2
1
Former Ch . 13 .08, Arts. II—VII were entirely amended by Ord . 1158 . The prior history
for those provisions includes prior code §§ 7501, 7501 .2—7501 .16, 7502, 7503 ,
7504 .1—7504 .4, 7505 .1—7505 .4, 7506, 7506 .1—7506 .7, 7508 .1—7508 .5 and Ords .
935, 942 and 982 . Subsequently, Arts . II—VII were reenacted by Ord . 1195 .
C J
counat memomnbum
cisan Luis oslspo
DATE: September 30, 2011
TO: Mayor and City Council
RED FILE
VIA: Katie Lichtig, City Manage A MEETING AGENDA
PAT /° TEM #Z&2
FROM: Carrie Mattingly, Utilities Director
David Hix, Wastewater Division Manager
SUBJECT: Red File, Public Hearing, Item PH3 —Update to Sewer Use Ordinance
Staff has discovered an error that resulted in several businesses not receiving the proper
notification for Public Hearing Item #3 on the October 4, 2011, agenda (Update to Sewer Use
Ordinance and Industrial Discharge Limits). Staff is providing the following revised
recommendation to continue the item to the October 18th agenda.
REVISED RECOMMENDATION
Continue an Ordinance revising Chapter 13.08, Prohibited Discharges section of the Sewer Use
Ordinance, of the Municipal Code,to allow for proper noticing, to the October 18th agenda.
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