HomeMy WebLinkAboutWhalebird Kombucha Permit
City of San Luis Obispo, Public Utilities, 879 Morro Street, San Luis Obispo, CA, 93401-2710, 805.781.7215, slocity.org
CLASS I INDUSTRIAL USER PERMIT
Permit Number: 428-I
Industrial User: Whalebird Kombucha
Mailing Address: 3576 Empleo St. #1, San Luis Obispo, CA 93401
Discharge Location: 3576 Empleo St. #1, San Luis Obispo, CA 93401
The above industrial user is hereby authorized to discharge industrial wastewater from the above-
identified facility and through the outfalls identified herein into the City of San Luis Obispo sewer
system in accordance with the conditions set forth in this permit. Compliance with this permit
does not relieve the permittee of its obligation to comply with any or all applicable pretreatment
regulations, standards, or requirements under local, state, and federal laws, including any such
regulations, standards, or requirements, or laws that might become effective during the term of
this permit.
This permit is granted in accordance with the permit application on file and in accordance with
plans, specifications, and other data submitted to the City of San Luis Obispo in support of the
above application.
Noncompliance with any term or condition of this permit will constitute a violation of the City of
San Luis Obispo sewer use ordinance.
If the permittee wishes to continue to discharge after the expiration date of this permit, an
application must be filed for a renewal permit in accordance with the requirements of §13.08.150,
within 30 days of receiving a notice to apply.
Issued: 3/16/2021
Effective: 3/16/2021
Expires: 12/31/2023
Christina Claxton
Environmental Programs Manager
E cclaxton@slocity.org
T 805.781.7425
Class I Industrial User Permit Page 2 of 30
PART 1 – EFFLUENT LIMITATIONS
A. The permittee is authorized to discharge process, non-process, and sanitary wastewater to the
City of San Luis Obispo sewer system. The discharge from the industrial user must not exceed
the following effluent limitations.
B. The director is authorized to establish local limits pursuant to 40 CFR 403.5(c). The effluent
from the Industrial User must comply with the local limits listed below (Ord. 13.08.040).
LOCAL EFFLUENT LIMITATIONS
Uniform Limit
Constituent (mg/L)
Daily Average
Ammonia 32
Biochemical Oxygen Demand (BOD) 226
Chloride 1523
Sodium 1200
Total Dissolved Solids (TDS) 2215
Total Suspended Solids (TSS) 2346
Copper, Total 0.14
Zinc, Total 0.17
Notes:
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 limitations above.
C. Prohibited Discharges
The permittee must comply with all the general prohibitive discharge standards in Ord. 13.08.040.
1. General Prohibitions. No user shall introduce or cause to be introduced into the 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 to categorical
pretreatment standards or any other national, state, or local pretreatment standards or
requirements.
2. Specific Prohibitions. Except as hereinafter provided, no person shall discharge or cause
to be discharged any of the following described waters or wastes to any sewers:
a) Any liquid or vapor having a temperature higher than one hundred fifty degrees
Fahrenheit (sixty-six degrees Celsius), or which will inhibit biological activity in the
treatment plant, resulting in interference, but in no case higher than one hundred four
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Class I Industrial User Permit Page 3 of 30
degrees Fahrenheit (forty degrees Celsius) at introduction into the wastewater
treatment plant.
b) 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
increased maintenance of sewers or sewerage facilities. No person shall discharge oil
and grease which results in pass-through and/or interference.
c) Any liquids, solids or gases which by reason of their nature or quantity are or may be
sufficient, either alone or by interaction with other substances, to cause fire or
explosion or be injurious in any other way to the POTW and/or cause acute worker
health and safety problems to its personnel or to the operation of the system.
d) Any waters or wastes that have a closed cup flashpoint of less than one hundred forty
degrees Fahrenheit (sixty degrees 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.
e) 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 or other interference with the proper operation of the
POTW.
f) Any waters or wastes having pH lower than 5.0 or higher than 9.0, or having any other
corrosive property capable of causing damage or hazard to structures, equipment or
personnel of the POTW.
g) 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.
h) Any waters or wastes including oxygen demanding pollutants (BOD, etc.) at a flow
rate and/or concentration which, either singly or by interaction with other pollutants,
will cause interference or pass-through.
i) Any average daily flow greater than two percent of the WWTP average daily sewage
flow.
j) Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause interference or pass-through.
k) Any trucked or hauled pollutants, except at discharge points designated by the
director.
l) Any waters or wastes containing any radioactive materials or wastes of such half-life
or concentration that they do not comply with regulations issued by appropriate
authorities (Sections 30285 and 30287 of the California Code of Regulations).
m) Any infectious wastes.
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Class I Industrial User Permit Page 4 of 30
n) Any medical wastes, except as specifically authorized by the director in an individual
wastewater discharge permit or a general permit.
o) Any waters or wastes containing color which is not removed in the ordinary WWTP
treatment process.
p) Any noxious or malodorous liquids, gases, solids, or other wastewater which either
singly or by interaction with other wastes, are sufficient to create a public nuisance or
a hazard to life, or to prevent entry into the sewers for maintenance or repair.
q) Any stormwater, surface water, ground water, artesian well water, roof runoff,
subsurface drainage, condensate, deionized water, noncontact cooling water, and
unpolluted wastewater, unless specifically authorized by the director.
D. Pollutants, substances, or wastewater prohibited by this Section shall not be processed or
stored in such a manner that they could be discharged to the POTW.
E. Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
F. Limitations on wastewater strength in this section may be supplemented with more
stringent 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; or
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
limitations specified in the city’s NPDES permit.
G. When the director determines that a user is contributing any of the substances mentioned
in the sub section 1. General Prohibitions in such amounts as to interfere with the
operation of the POTW, the director may:
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
and equalization;
4. Require pretreatment of discharge prior to discharge to POTW; or
5. Take any other action necessary to eliminate the interference.
H. Where an Industrial User utilizes all or a portion of their domestic water supply from a
source other than City of San Luis Obispo potable water, the city may require additional
laboratory testing of any potential constituents of concern which may be discharged to the
POTW. This testing will be performed by a State of California certified laboratory, at a
frequency and length of time determined by the city, at solely the Industrial User’s
expense.
Valid from: July 15, 2020 – Dec 31, 2023
Class I Industrial User Permit Page 5 of 30
I. The director may develop best management practices (BMP’s), in individual wastewater
discharge permits, to implement local limits and the requirements of this chapter.
J. Proper Disposal of Pretreatment Sludges, Spent Chemicals or Other Hazardous Wastes
The disposal of spent chemicals, sludges and hazardous wastes generated shall be done in
accordance with Section 405 of the Clean Water Act, Subtitles C and D of the Resource
Conservation and recovery Act and Title 22 of the California Code of Regulations. Receipts or
manifests for proper disposal shall be retained by the User and shall be available for review at the
time of inspection.
K. Compliance with Applicable Pretreatment Standards and Requirements
Compliance with this permit does not relieve the permittee from its obligations regarding
compliance with any and all applicable local, state and federal Pretreatment Standards and
requirements including any such standards or requirements that might become effective during
the term of this permit.
Valid from: July 15, 2020 – Dec 31, 2023
Class I Industrial User Permit Page 6 of 30
PART 2 – SPECIAL CONDITIONS
PART 2 – SPECIAL CONDITIONS
A. The Industrial User shall properly maintain any and all pretreatment devices in continuously
efficient operation at all times and properly dispose of their contents, at his/her expense. All
pretreatment devices must be readily and easily accessible for cleaning and inspection.
PART 3 – REPORTING REQUIREMENTS
A. Monitoring Reports
Monitoring results obtained must be summarized and reported on an Industrial User
Monitoring Report Form.
Reports for parameters with monthly monitoring frequency must be submitted within 30 days
after sample collection.
All monitoring reports must indicate the nature and concentration of all pollutants in the
effluent for which sampling and analysis were performed during the reporting period
preceding the submission of each report.
B. Certification Statements
The permittee is required to sign and submit the following certification statement with all
monitoring reports:
“I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to ensure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry
of the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for
knowing violations.”
C. If the permittee monitors any pollutant more frequently than required by this permit, using test
procedures prescribed in 40 CFR Part 136 or amendments thereto, or otherwise approved by
the U.S. Environmental Protection Agency (EPA) or as specified in this permit, the results of
such monitoring must be included in any calculations of actual daily maximum or monthly
average pollutant discharge, and results must be reported in the monthly report submitted to
the director. Such an increased monitoring frequency must also be indicated in monthly
report.
D. Automatic Resampling
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If the results of the permittee’s wastewater analysis indicate that a violation of this permit has
occurred, the permittee must do the following:
1. Inform the director of the violation within 24 hours, and
2. Repeat the sampling and pollutant analysis and submit, in writing, the results of this
second analysis within 30 days of becoming aware of the first violation.
E. Accidental Discharge Report
The permittee is required to comply and implement its existing slug discharge control plan.
SIUs are required to notify the director immediately of any changes at its facility affecting the
potential for a slug discharge.
The permittee must notify the director immediately upon the occurrence of spills, including
accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch
discharge, slug loads or slug discharges that might cause potential problems for the POTW or
spills that might enter the public sewer. During normal business hours the director should be
notified by telephone at (805) 781-7425. At all other times, the director should be notified by
telephone at (805) 458-3879. The notification must include location of discharge; date and time
of discharge; type of waste, including concentration and volume; and corrective actions taken.
The permittee’s notification of accidental releases in accordance with this section does not relieve
it of other reporting requirements that arise under local, state, or federal laws.
Within 15 days following an accidental discharge, the permittee shall submit to the director a
detailed written report. The report must specify the following:
1. Description and cause of the upset, slug load, or accidental discharge; the cause thereof;
and the impact on the permittee’s compliance status. The description should also include
location of discharge and type, concentration, and volume of waste.
2. Duration of noncompliance, including exact dates and times of noncompliance and, if the
noncompliance is continuing, the time by which compliance is reasonably expected to
occur.
3. All steps taken or to be taken to reduce, eliminate, an/or prevent recurrence of such an
upset, slug load, accidental discharge, or other conditions of noncompliance.
F. Notification of the Discharge of Hazardous Waste
1. Any permittee who begins discharging hazardous waste must notify, in writing, the
POTW, the EPA Regional Waste Management Division Director, and state hazardous
waste authorities of any discharge into the POTW of a substance that, if otherwise
disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must
include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA
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hazardous waste number, and the type of discharge (continuous, batch, or other). If the
permittee discharges more than 100 kilograms of such waste per calendar month to the
POTW, the notification also must contain the following information to the extent such
information is known and readily available to the permittee: an identification of the
hazardous constituents contained in the wastes, an estimation of the mass and
concentration of such constituents in the waste stream discharged during that calendar
month, and an estimation of the mass of constituents in the waste stream expected to be
discharged during the following 12 months. All notifications must take place no later than
180 days after the discharge begins. Any notification under this paragraph must be
submitted only once for each hazardous waste discharged. However, notifications of
changed conditions must be submitted under Section 13.08.160(E). The notification
requirement in this section does not apply to pollutants already reported by permittee
subject to categorical pretreatment standards.
2. Dischargers are exempt from the requirements of paragraph 1 above, during a calendar
month in which they discharge no more than 15 kilograms of hazardous wastes, unless the
wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e).
Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month,
or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and
261.33(e), requires a one-time notification. Subsequent months during which the permittee
discharges more than such quantities of any hazardous waste do not require additional
notification.
3. If any new regulations are made under section 3001 of Resource Conservation and
Recovery Act identifying additional characteristics of hazardous waste or listing any
additional substance as a hazardous waste, the permittee must notify the director, the EPA
Regional Waste Management Waste Division Director, and state hazardous waste
authorities of the discharge of such substance within 90 days of the effective date of such
regulations.
4. If any notification is made under this section, the permittee must certify that it has a
program in place to reduce the volume and toxicity of hazardous wastes generated to the
degree it has determined to be economically practical.
5. This provision does not create a right to discharge any substance not otherwise permitted
to be discharged by the City’s Municipal Code § 13.08, a permit issued under §13.08 , or
any applicable federal or state law.
G. All reports required by this permit must be submitted to the director at the following
address:
City of San Luis Obispo
Environmental Programs
Attention: Christina Claxton
879 Morro Street, San Luis Obispo, CA 93401
Valid from: July 15, 2020 – Dec 31, 2023
Class I Industrial User Permit Page 9 of 30
PART 4 – STANDARD CONDITIONS
A. GENERAL CONDITIONS
1. Severability
The provision of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstance, is held invalid, the application
of such provision to other circumstance, and the remainder of this permit, will not be affected
thereby and will continue in full force and effect.
2. Duty to Comply
The permittee must comply with all conditions of this permit. Failure to comply with the
requirements of this permit may be grounds for administrative citation, or enforcement
proceedings including civil or criminal penalties, injunctive relief, and summary abatements.
3. Duty to Mitigate
The permittee must take all reasonable steps to maintain or correct any adverse impact to the
public treatment plant or the environment resulting from noncompliance with this permit,
including such accelerated or additional monitoring as necessary to determine the nature and
impact of the noncomplying discharge.
4. Permit Modification
The director may modify the permit for good cause, including but not limited to, the following
reasons:
a. To incorporate any new or revised federal, state, or local pretreatment standards or
requirements;
b. To address significant alterations or additions to the permittee’s operation, processes,
or wastewater volume or character since the time of the individual wastewater
discharge permit issuance;
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c. A change in any process or discharge condition in either the Industrial User or the
POTW that requires wither a temporary or permanent reduction or elimination of the
authorized discharge;
d. Information indicating that the permitted discharge poses a threat to the Control
Authority’s collection and treatment systems, POTW personnel or the receiving
waters;
e. Violation of any terms or conditions of the permit;
f. Misrepresentation or failure to disclose fully all relevant facts in the permit application
or in any required reporting;
g. Revision of or a grant of variance from such categorical standards pursuant to 40 CFR
403.13;
h. To correct typographical or other errors in the permit;
i. To reflect transfer of the facility ownership and/or operation to a new owner or
operator; or
j. Upon request of the permittee, provided such request does not create a violation of any
applicable requirements, standards, laws, or rules and regulations.
The filing of a request by the permittee for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance, does not stay any
permit condition.
5. Permit Termination
This permit may be terminated for the following reasons:
a. Failure to notify the director of significant changes to the wastewater before the
changed discharge;
b. Failure to provide notification to the director of changed conditions;
c. Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application;
d. Falsifying self-monitoring reports or certification statements;
e. Tampering with monitoring equipment;
f. Refusing to allow timely access to the facility premises and records;
g. Failure to meet effluent limitations;
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h. Failure to pay fines;
i. Failure to pay sewer charges;
j. Failure to meet compliance schedules;
k. Failure to complete a wastewater survey or the wastewater discharge permit
application;
l. Failure to provide advance notice of the transfer of business ownership of a permitted
facility; or
m. Violation of any Pretreatment Standard or Requirement including required best
management practices, or any terms of the wastewater discharge permit or the sewer
use ordinance.
6. Permit Appeals
The permittee who is affected by any decision, action or determination, including cease and
desist orders, made by the director, interpreting or implementing the provisions of this permit
issued herein, may file with the city clerk a written appeal within ten days of such decision,
action or determination, setting forth in detail the facts supporting the appeal.
The written appeal shall be heard by the council within thirty days from the date of filing. The
council shall make a final ruling on the appeal within ten days of the close of the meeting.
Pending final determination on the appeal by the council, the decision appealed from shall
remain in full force and effect.
7. Property Rights
The issuance of this permit does not convey any property rights of any sort, or any exclusive
privileges, nor does it authorize any injury to private property or any invasion of personal
rights, nor any violation of federal, state, or local laws or regulations.
8. Limitation on Permit Transfer
Wastewater discharge permits are issued to a specific user for a specific operation. An
industrial wastewater discharge permit shall not be reassigned or transferred or sold to a new
owner, new user, different premises, or a new or changed operation; provided, that if in the
opinion of the director, the sale or transfer of an operation does not result in a change in use,
the permit may be reassigned.
Permits may be reassigned to a new owner or operator with prior approval of the director and
the following items occur:
a. The permittee must give at least 45 days advance notice to the director.
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b. The notice to the director must include a written certification by the new owner or
operator that does the following:
(i) States that the new owner or operator has no immediate intent to change the
facility’s operations and processes;
(ii) Identifies the specific date on which the transfer is to occur; and
(iii) Acknowledges full responsibility for complying with the existing permit.
c. The director approves the permit transfer.
Industrial wastewater discharge permits shall be voidable upon cessation of operations or
transfer of business ownership. All industrial wastewater discharge permits issued to an IU
are void upon the issuance of a new industrial wastewater discharge permit to that IU.
9. Duty to Reapply
The permittee must apply for permit reissuance by submitting a complete permit application,
in accordance with Ord. 13.08.150, a minimum of 30 days before the expiration of the
existing permit.
10. Continuation of Expired Permits
An expired permit will continue to be effective and enforceable until the permit is reissued if
a) The permittee has submitted a complete permit application within 30 days of receiving
a notice to apply.
b) The failure to reissue the permit, prior to expiration of the previous permit, is not due to
any act or failure to act on the part of the permittee.
11. Dilution
A permittee must not ever increase the use of potable or process water or, in any way, attempt
to dilute a discharge as a partial or complete substitute for adequate treatment to achieve
compliance with a discharge limitation unless expressly authorized by an applicable
Pretreatment Standard or Requirement. The director may impose mass limitations on
permittees who are using dilution to meet applicable Pretreatment Standards or Requirements,
or in other cases when the imposition of mass limitations is appropriate.
B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee must at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the permittee
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to achieve compliance with the conditions of this permit. Proper operation and maintenance
includes the following: effective performance, adequate funding, adequate operator staffing
and training, and adequate laboratory and process controls, including appropriate quality
assurance procedures. This provision requires the operation of back-up or auxiliary facilities
or similar systems only when necessary to achieve compliance with the conditions of the
permit.
2. Duty to Halt or Reduce Activity
Upon reduction of efficiency of operation, or loss or failure of all or part of the treatment
facility, the permittee must, to the extent necessary to maintain compliance with its permit,
control its production or discharges (or both) until operation of the treatment facility if
restored or an alternative method of treatment is provided. Such a requirement applies, for
example, when the primary source of power of the treatment facility fails or is reduced. It will
not be a defense for a permittee in an enforcement action that it would have been necessary to
halt or reduce the permitted activity to maintain compliance with this permit.
3. Bypass of Treatment Facilities
Bypass shall be reported in accordance with 40 CFR 403.17.
a) Definitions.
(1) Bypass means the intentional diversion of waste streams from any portion of an
Industrial User's treatment facility.
(2) Severe property damage means substantial physical damage to property,
damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
b) Bypass not violating applicable Pretreatment Standards or Requirements. An Industrial
User may allow any bypass to occur which does not cause Pretreatment Standards or
Requirements to be violated, but only if it also is for essential maintenance to assure
efficient operation.
Bypass is prohibited
a) Unless the bypass is unavoidable to prevent loss of life, personal injury, or severe
property damage.
b) Unless there were no feasible alternatives, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or maintenance during normal periods of
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equipment downtime. This condition is not satisfied if adequate back-up equipment should
have been installed in the exercise of reasonable engineering judgment to prevent a bypass
that occurred during normal periods of equipment downtime or preventive maintenance.
c) The permittee may allow bypass to occur if it does not cause effluent limitations to be
exceeded but only if it is also for essential maintenance to assure efficient operation.
d) Notification of bypass
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass,
it must submit prior written notice, at least 10 days before the date of the bypass, to
the director.
(2) Unanticipated bypass. The permittee must notify the director within 24 hours
from the time it becomes aware of an unanticipated bypass and submit a written
notice to the POTW within 5 days. This report must specify:
(i) A description of the bypass, and its cause, including its duration with
exact dates and times;
(ii) Whether the bypass has been corrected and if the bypass has not been
corrected, the anticipated time it is expected to continue; and
(iii) The steps being taken or to be taken to reduce, eliminate, and prevent a
reoccurrence of the bypass.
4. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters must be disposed of in accordance with section 405 of the Clean Water
Act and Subtitles C and D of the Resource Conservation and Recovery Act.
C. MONITORING AND RECORDS
1. Representative Sampling
Samples and measurements taken as required herein must be representative of the volume and
nature of the monitored discharge. All samples must be taken at the monitoring points
specified in this permit and, unless otherwise specified, before the effluent joins or is diluted
by any other waste stream, body of water or substance. All equipment used for sampling and
analysis must be routinely calibrated, inspected and maintained to ensure their accuracy.
Monitoring points must not be changed without notification to and the approval of the
director.
2. Flow Measurements
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If flow measurement is required by this permit, the appropriate flow measurement devices and
methods consistent with approved scientific practices must be selected and used to ensure the
accuracy and reliability of measurement of the volume of monitored discharges. The devices
must be installed, calibrated, and maintained to ensure that the accuracy of the measurements
are consistent with the accepted capability of that type of device. The devices selected must be
capable of measuring flows with a maximum deviation of less than 10 percent from true
discharge rates throughout the range of expected discharge volumes.
3. Analytical Methods to Demonstrate Continued Compliance
All sampling and analysis required by this permit must be performed in accordance with the
techniques prescribed in 40 CFR Part 136 and amendments thereto, otherwise approved by
EPA, or as specified in this permit.
4. Additional Monitoring by the Permittee
If the permittee monitors any pollutant more frequently than required by this permit, using test
procedures identified in Section C.3, the results of this monitoring must be included in the
permittee’s self-monitoring reports.
5. Inspection and Entry
The permittee must allow the director, or an authorized representative or federal and state
personnel, upon the presentation of proper identification, to do the following:
a) Enter the permittee’s premises where a regulated facility or activity is located or
conducted or where records must be kept under the conditions of this permit;
b) Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
c) Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit;
d) Sample or monitor, for the purposes of assuring permit compliance, any substances or
parameters at any location; and
e) Inspect any production, manufacturing, fabricating, or storage area where pollutants,
regulated under the permit, could originate, be stored, or be discharged to the sewer
system.
6. Retention of Records
a) The permittee must retain records of all monitoring information including all
calibration and maintenance records and all original strip chart recordings for
continuous monitoring instrumentation, copies of all reports required by this permit,
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and records of all data used to complete the application for this permit, for a period of
at least 3 years from the date of the sample, measurement, report, or application.
This period may be extended by request of the director at any time.
b) The permittee must retain and preserve all records that pertain to matters that are the
subject of special orders or any other enforcement or litigation activities brought by
the director until all enforcement activities have concluded and all periods of
limitation with respect to any and all appeals have expired.
7. Record Contents
Records of sampling and analyses must include the following:
a) The date, exact place, time, and methods of sampling or measurements, and sample
preservation techniques or procedures;
b) Who performed the sampling or measurement;
c) The date(s) analyses were performed;
d) Who performed the analyses;
e) The analytical techniques or methods used; and
f) The results of such analyses.
8. Falsifying Information
Knowingly making any false statement on any report or other document required by this
permit or knowingly rendering any monitoring device or method inaccurate, is a crime and
may result in the imposition of criminal sanction or civil penalties or both.
D. ADDITIONAL REPORTING REQUIREMENTS
1. Planned Changes
The permittee must promptly notify the director before any facility expansion, production
increase, or process modifications that results in new or substantially increased discharges or a
change in the nature of the discharge.
2. Anticipated Noncompliance
The permittee must give advance notice to the director of any planned changes in the
permitted facility or activity that could result in noncompliance with permit requirements.
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3. Automatic Resampling
If the results of the permittee’s wastewater analysis indicates a violation has occurred, the
permittee must notify the director, within 24 hours of becoming aware of the violation and
repeat the sampling and pollutant analysis and submit, in writing, the results of that repeat
analysis within 30 days after becoming aware of the violation.
4. Duty to Provide Information
The permittee must furnish to the director, within 30 days any information that the director
may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The permittee must also,
upon request, furnish to the director within 30 days copies of any records required to be kept
by this permit.
5. Signatory Requirements
All applications, reports, or information submitted to the Control Authority must contain the
following certification statement and be signed as required in Sections (a), (b), (c), or (d)
below.
“I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for
knowing violations.”
a) By a responsible corporate officer, if the Industrial User submitting the reports
is a corporation. For the purpose of this paragraph, a responsible corporate officer
means either of the following:
(i) A president, secretary, treasurer, or vice-president of the corporation in
charge of a principal business function, or any other person who performs
similar policy- or decision-making functions for the corporation, or
(ii) The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures to
assure long-term environmental compliance with environmental laws and
regulations; can ensure that the necessary systems are established or actions
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Class I Industrial User Permit Page 18 of 30
taken to gather complete and accurate information for permit requirements;
and where authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures.
b) By a general partner or proprietor if the Industrial User submitting the reports is
a partnership or sole proprietorship, respectively.
c) The principal executive officer or director having responsibility for the overall
operation of the discharging facility if the Industrial User submitting the reports is
a federal, state, or local governmental entity, or their agents.
d) By a duly authorized representative of the individual designated in paragraph
(a), (b), or (c) of this section if:
(i) the authorization is made in writing by the individual described in
paragraph (a), (b), or (c);
(ii) the authorization specifies either an individual or a position having
responsibility for the overall operation of the facility from which the
Industrial Discharge originates, such as the position of plant manager,
operator of a well, or a well field superintendent, or a position of equivalent
responsibility, or having overall responsibility of environmental matters for
the company; and
(iii) the written authorization is submitted to the director.
e) If an authorization under paragraph (d) of this section is no longer accurate
because a different individual or position has responsibility for the overall
operation of the facility, or overall responsibility for the environmental matters for
the company, a new authorization satisfying the requirements of paragraph (d) of
this section must be submitted to the director before or together with any reports to
be signed by an authorized representative.
6. Operating Upsets
Any permittee that experiences an upset in operations that places the permittee in a temporary
state of noncompliance with the provisions of either this permit or with Ord. 13.08.040 must
inform the director within 24 hours of becoming aware of the upset at (805) 781-7425 or
(805) 458-3879 after 5 p.m. Monday–Friday or weekends and holidays.
A written follow-up report of the upset must be filed by the permittee with the director within
5 days. The report must specify the following:
a) Description of the upset, the cause(s) thereof and the upset’s impact on the permittee’s
compliance status;
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b) Duration of noncompliance, including exact dates and times of noncompliance, and if
not corrected, the anticipated time the noncompliance is expected to continue; and
c) All steps taken or to be taken to reduce, eliminate, and prevent recurrence of such an
upset. The report must also demonstrate that the treatment facility was being operated in a
prudent and workmanlike manner. A documented and verified operating upset must be an
affirmative defense to any enforcement action brought against the permittee for violations
attributable to the upset event.
7. Public Disclosure and Confidentiality
Process and product information collected during inspection of premises may be kept
confidential at the request of the business owner or his or her representative, insofar as such
confidentiality is allowed pursuant to applicable law. All records compiled pursuant to the
pretreatment program shall be accessible at time of inspection. Information and data on a user
obtained from reports, surveys, wastewater discharge permit applications, individual
wastewater discharge permits, and monitoring programs, and from the director’s inspection
and sampling activities, shall be available to the public without restriction, unless the user
specifically requests, and is able to demonstrate to the satisfaction of the director that the
release of such information would divulge information, processes, or methods of production
entitled to protection as trade secrets under applicable state law. Any such request must be
asserted at the time of submission of the information or data. When requested and
demonstrated by the user furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall be made available
immediately upon request to governmental agencies for uses related to the NPDES program or
pretreatment program, and in enforcement proceedings involving the person furnishing the
report. Wastewater constituents and characteristics and other effluent data, as defined at 40
CFR 2.302, shall not be recognized as confidential information and shall be available to the
public without restriction.
8. Annual Publication
A list of all industrial users that were in significant noncompliance during the 12 previous
months must be annually published by the Control Authority in a newspaper of general
circulation that provides meaningful public notice within the jurisdiction served by City of
San Luis Obispo. Accordingly, the permittee is apprised that noncompliance with this permit
may lead to an enforcement action and may result in publication of its name in an appropriate
newspaper in accordance with this section.
9. Civil and Criminal Liability
Nothing in this permit may be construed to relieve the permittee from civil and/or criminal
penalties for noncompliance.
A permittee who has violated, or continues to violate, any provision of the City of San Luis
Obispo’s sewer use ordinance, a permit or order, or any other Pretreatment Standard or
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Class I Industrial User Permit Page 20 of 30
Requirement will be liable to City of San Luis Obispo for a maximum civil penalty of $1,000
per violation, per day. If a monthly or other long-term average discharge limit is in effect,
penalties will accrue for each day during the period of the violation.
The director may recover reasonable attorneys’ fees, court costs, and other expenses
associated with enforcement activities, including sampling and monitoring expenses, and the
cost of any actual damages incurred by City of San Luis Obispo.
In determining the amount of civil liability, the Court will take into account all relevant
circumstances, including the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained through the permittee’s violation,
corrective actions by the permittee, the compliance history of the permittee, and any other
factor as justice requires.
Filing a suit for civil penalties will not be a bar against, or a prerequisite for, taking any other
action against the permittee.
A permittee that willfully or negligently violates any provision of the City of San Luis
Obispo’s ordinance, permit, or any other Pretreatment Standard or Requirement will, upon
conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per
violation, per day, or imprisonment for not more than 1 year, or both.
A permittee that willfully or negligently introduces any substance into the POTW that causes
personal injury or property damage will, upon conviction, be guilty of a misdemeanor and be
subject to a penalty of at least $1,000, or be subject to imprisonment for not more than 1 year,
or both. This penalty will be in addition to any other cause of action for personal injury or
property damage available under state law.
A permittee that knowingly makes any false statements, representations, or certifications in
any application, record, report, plan, or other documentation filed, or required to be
maintained, pursuant to City of San Luis Obispo’s ordinance, permit, order, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device or method required by
the permit will, upon conviction, be punished by a fine of not more than $1,000 per violation,
per day, or imprisonment for not more than 1 year, or both.
If a second conviction occurs, a permittee will be punished by a fine of not more than $1,000
per violation, per day, or imprisonment for not more than 1 year, or both.
10. Penalties for Violations of Permit Conditions
Any User who violates of any provision of this permit or Chapter 13 of the Municipal Code or
who discharges wastewater which causes pollution or violates any effluent limitation, national
standard of performance, pretreatment or toxicity standard shall fall under the following
Municipal Codes:
§1.24.050 – Abatement of unlawful conditions – Notice
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Class I Industrial User Permit Page 21 of 30
A. Inspections. Whenever city staff has inspected a property and finds that conditions
constituting a violation of the municipal code exist thereon, the director may use the
procedures set forth in this chapter to abate such nuisance as authorized by law.
B. Notice of Violation and Administrative Citation Issuance. The director may issue a
notice of violation, notice to correct and/or administrative citation for a violation to any
person or persons if the director has determined, through investigation, a violation exists.
A person to whom an administrative citation is issued shall be liable for and shall pay to
the city the administrative fine or fines described in the citation when due pursuant to the
provisions of this chapter.
C. Development Review Conditions. Every person who applies for and receives a permit,
license, or any type of land use approval (such as, but not limited to, a development
review approval, a subdivision map approval, a conditional or special use permit, a zoning
requirement modification, a variance, or other discretionary approval) shall comply with
all mandatory approval conditions imposed upon the issuance of the permit, license, or
other such approval. If a person violates any condition of such permit, license, or similar
land use approval, that person may be issued a notice of violation, notice to correct, and/or
administrative citation and may be held responsible for administrative fines under the
provisions of this chapter.
D. Continuing Violations. Except as provided elsewhere in the municipal code, each day a
violation of this code exists shall be a separate and distinct violation and may be subject to
a separate administrative fine. Certain provisions of this code, including but not limited to
those relating to noise and unruly gatherings, provide that each hour that a violation exists
shall be a separate and distinct violation. An administrative citation may charge a violation
for one or more days or hours, as applicable, on which a violation exists and for violation
of one or more applicable code sections.
E. Prior and Repeat Violations. The city may take into consideration the fact that a
person has been previously issued an uncorrected notice of violation and/or a sustained
administrative citation when the city is determining whether to accept an application or to
grant any permit, license or any similar type of land use approval for that person and such
notice of violation and/or administrative citation may be used as evidence that the person
has committed acts that are not compatible with the health, safety, and general welfare of
other persons and businesses within the city. Repeated violations by the same person or
the same property of the same code provision within any twelve-month period may result
in the issuance of an administrative citation(s) imposing additional administrative fines
without a notice of violation and/or notice to correct preceding the citation.
F. Contents of Notice of Violation, Notice to Correct and/or Administrative Citation. The
director shall generally issue a notice of violation, notice to correct and/or administrative
citation to person(s) responsible for a code violation as set forth in Section 1.24.030(L).
The administrative citation guidelines as approved by the city council pursuant to
Section 1.24.010 shall, among other things, identify those items of information which
must be contained in the notice of violation and/or administrative citation issued to
persons and alleging a violation of the municipal code, but must, at a minimum, inform
the responsible person of the nature of the violation charged, any right to correct the
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Class I Industrial User Permit Page 22 of 30
violation, and/or the right to appeal any citation, as well as the process by which to verify
to the city the correction of violation(s) and/or the process to appeal citations.
G. Service. The notice of violation, notice to correct and/or administrative citation and
any amended notice of violation and/or administrative citation shall be served by mail or
personal service or posted on the property where the code violation is occurring in the
manner provided for in the approved administrative citation guidelines.
H. Proof of Service. Proof of personal service of the notice of violation and/or
administrative citation shall be documented as provided for in the approved administrative
citation guidelines.
§1.24.070 – Amount of civil fines
A. Fine Schedule. The amount of fines for violating particular provisions of the code shall
be set in a schedule of fines adopted by resolution by the city council. The schedule may
include escalating fine amounts for repeat code violations occurring within specified
periods of time.
B. Due Date for Fines. Fines are due as specified in the administrative citation or, in the
event of an unsuccessful appeal, as determined by the hearing officer, administrative
review board, or construction board of appeals.
C. Late Payment Charges. Any person who fails to pay to the city any fine imposed
pursuant to this chapter on or before the date that fine is due also shall be liable for interest
accrued at a rate of eight percent per month until paid.
11. Recovery of Costs Incurred
In addition to civil and criminal liability, the permittee violating any of the provisions of this
permit or Ord. 13.08.040 or causing damage to or otherwise inhibiting the City of San Luis
Obispo’s wastewater disposal system will be liable to the City of San Luis Obispo for any
expense, loss, or damage caused by such violation or discharge. The City of San Luis Obispo
may also recover the costs for any cleaning, repair, or replacement work caused by the
violation or discharge (Ord. 13.08.510).
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Class I Industrial User Permit Page 23 of 30
APPENDIX A
Definitions
A. The following abbreviations, when used in this permit, shall have the designated meanings:
1. BOD—Biochemical oxygen demand.
2. BMP—Best management practice.
3. BMR—Baseline monitoring report.
4. CFR—Code of Federal Regulations.
5. CIU—Categorical industrial user.
6. COD—Chemical oxygen demand.
7. EPA—U.S. Environmental Protection Agency.
8. gpd—gallons per day.
9. IU—Industrial user.
10. mg/L—milligrams per liter.
11. NPDES—National Pollutant Discharge Elimination System.
12. POTW—Publicly owned treatment works.
13. RCRA—Resource Conservation and Recovery Act.
14. SIU—Significant industrial user.
15. SNC—Significant noncompliance.
16. TSS—Total suspended solids.
17. USC—United States Code.
The following terms, when used in this permit, shall have the following meanings:
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Class I Industrial User Permit Page 24 of 30
B. “Act” or “the Act” means the Federal Water Pollution Control Act Amendments of 1972
(33 USC § 1251, et seq.) and any amendments thereto including the Clean Water Act of 1977,
as well as any regulations, guidelines, limitations and standards promulgated by the United
States Environmental Protection Agency pursuant to the Act.
C. “Approval authority” means State Water Resources Control Board.
D. “Authorized or duly authorized representative of the user” means any of the following:
1. If the user is a corporation:
a. The president, secretary, treasurer, or a vice-president of the corporation in charge of
a principal business function, or any other person who performs similar policy or
decision-making functions for the corporation; or
b. The manager of one or more manufacturing, production, or operation facilities,
provided the manager is authorized to make management decisions that govern the
operation of the regulated facility including the explicit or implicit duty to make major
capital investment recommendations, and initiate and direct other comprehensive
measures to assure long-term environmental compliance with environmental laws and
regulations; has the ability to ensure that the necessary systems are established or
actions taken to gather complete and accurate information for wastewater discharge
permit requirements, and where authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
2. If the user is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
3. If the user is a federal, state or local governmental facility: a director or highest official
appointed or designated to oversee the operation and performance of the activities of the
governmental facility, or their designee.
4. The individuals described in subsections (D)(1) through (3) of this section may
designate a duly authorized representative if the authorization is in writing, the
authorization specifies the individual or position responsible for either the overall
operation of the facility from which the discharge originates or the overall environmental
matters of the company, and the written authorization is submitted to the city.
E. “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for five days at
twenty degrees centigrade and expressed in milligrams per liter (mg/L).
F. “Best management practices” (or “BMPs”) means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to implement the
prohibitions listed in this article and 40 CFR 403.5(a)(1) and (b). BMPs include treatment
requirements, operating procedures, and practices to control plant site runoff, spillage or
leaks, sludge or sewage disposal, or drainage from raw materials storage.
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G. “Categorical industrial user” means an industrial user subject to a categorical pretreatment
standard or categorical standard.
H. “Categorical pretreatment standard” or “categorical standard” means any regulation
containing pollutant discharge limits promulgated by the Environmental Protection Agency in
accordance with Sections 307(b) and (c) of the Act (33 USC § 1317) that apply to a specific
category of users and that appear in 40 CFR Chapter I, Subchapter N, Part 405s-471.
I. “City” means the city of San Luis Obispo.
J. “Class I industrial user” means any industrial user that has materials and/or wastes on site
that if discharged to the 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 13.08.040.
K. “Class II industrial user” means any industrial user that may discharge conventional
pollutants to the POTW which may cause interference or pass-through. These wastes include
but are not limited to laundry discharges, nonhazardous solids and oil and grease of animal or
vegetable origin.
L. “Control authority” means the city of San Luis Obispo.
M. “Conventional pollutants” means pollutants which are usually found in domestic and/or
commercial wastes such as suspended solids, biological oxygen demand, pathogenic
organisms, and oil and grease of animal or vegetable origin.
N. “Daily maximum” means the arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
O. “Daily maximum limit” means the maximum allowable discharge limit of a pollutant
during a calendar day. Where daily maximum limits are expressed in units of mass, the daily
discharge is the total mass discharged over the course of the day. Where daily maximum
limits are expressed in terms of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements taken that day.
P. “Director” means the utilities director of the city of San Luis Obispo or his or her duly
authorized representative. Any notice required to be given to the director shall be delivered to
the director at 879 Morro Street, San Luis Obispo, or as otherwise directed.
Q. “Domestic wastewater” means water bearing only those wastes derived from the ordinary
living processes and of such character as to permit satisfactory disposal to, and treatment in,
the POTW.
R. “Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection
Agency or, where appropriate, the regional water management division director, the regional
administrator, or other duly authorized official of said agency.
S. “Existing source” means any source of discharge that is not a “new source.”
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Class I Industrial User Permit Page 26 of 30
T. “Grab sample” means a sample that is taken from a waste stream without regard to the
flow in the waste stream and over a period of time not to exceed fifteen minutes.
U. “Grease” means all fat, grease, oil, wax or other trichlorotrifluoroethane-soluble matter of
animal, vegetable, petroleum or mineral origin.
V. “Indirect discharge” or “discharge” means the introduction of pollutants into the POTW
from any nondomestic source.
W. “Industrial user” or “user” means a source of indirect discharge.
X. “Industrial user’s survey” means a questionnaire (and related process) used by the city to
identify and categorize industrial users and the characteristics of their wastewater discharge.
Y. “Infectious waste” means any waste material or article which harbors or may reasonably
be considered to harbor any type of microorganism, helminth or virus which causes or
significantly contributes to increased morbidity or mortality in human beings.
Z. “Instantaneous limit” means the maximum concentration of a pollutant allowed to be
discharged at any time, determined from analysis of any discrete or composited sample
collected, independent of the industrial flow rate and the duration of the sampling event.
AA. “Interference” means a discharge that, alone or in conjunction with a discharge or
discharges from other sources inhibits or disrupts the POTW, its treatment processes or
operations, or its sludge processes, use or disposal which is a cause of or significantly
contributes to either a violation of any requirement of the POTW’s NPDES permit (including
an increase in the magnitude or duration of a violation) or to the prevention of sewage sludge
use or disposal by the POTW in accordance with the following statutory provisions and
regulations or permits issued thereunder (or more stringent state or local regulations): Section
405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more
commonly referred to as the Resource Conservation and Recovery Act (RCRA), and
including state regulations contained in any state sludge management plan prepared pursuant
to Subtitle D of the SWDA), the Clean Air Act, and the Toxic Substances Control Act.
BB. “Lateral” or “sewer lateral” means that part of the piping of a drainage system that
extends from a public or private building, structure or facility and conveys wastewater to the
point at which it enters the public sewer, private sewer, private sewer disposal system, or
other point of disposal. This may extend beyond the boundaries of the property being served.
CC. “Local limit” means the specific discharge limits developed and enforced by the city
upon industrial or commercial facilities to implement the general and specific discharge
prohibitions listed in 40 CFR 403.5(a)(1) and (b).
DD. “Medical waste” means isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes,
potentially contaminated laboratory wastes, or dialysis wastes.
EE. “Monthly average” means the sum of all “daily discharges” measured during a calendar
month divided by the number of “daily discharges” measured during that month.
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Class I Industrial User Permit Page 27 of 30
FF. “Monthly average limit” means the highest allowable average of “daily discharges” over
a calendar month, calculated as the sum of all “daily discharges” measured during a calendar
month divided by the number of “daily discharges” measured during that month.
GG. “Natural outlet” means any outlet into a watercourse, pond, lake or other body of surface
water or ground water.
HH. “New source” means:
1. Any building, structure, facility or installation from which there is or may be a
discharge of pollutants, the construction of which commenced after the publication of
proposed pretreatment standards under Section 307(c) of the Clean Water Act, which will
be applicable to such source if such standards are thereafter promulgated in accordance
with that section; provided, that:
a. The building, structure, facility or installation is constructed at a site at which no
other source is located; or
b. The building, structure, facility or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing source; or
c. The production of wastewater-generating processes of the building, structure,
facility or installation is substantially independent of an existing source at the same
site. In determining whether these are substantially independent, factors such as the
extent to which the new facility is integrated with the existing plant, and the extent to
which the new facility is engaged in the same general type of activity as the existing
source, should be considered.
2. Construction on a site at which an existing source is located results in a modification
rather than a new source if the construction does not create a new building, structure,
facility, or installation meeting the criteria of subsection (HH)(1)(b) or (c) of this section
but otherwise alters, replaces, or adds to existing process or production equipment.
3. Construction of a new source as defined under this subsection has commenced if the
owner or operator has:
a. Begun, or caused to begin, as part of a continuous on-site construction program;
i. Any placement, assembly, or installation of facilities or equipment; or
ii. Significant site preparation work including clearing, excavation, or removal of
existing buildings, structures, or facilities or equipment; or
b. Entered into a binding contractual obligation for the purchase of facilities or
equipment which are intended to be used in its operation within a reasonable time.
Options to purchase or contracts which can be terminated or modified without
substantial loss, and contracts for feasibility, engineering, and design studies do not
constitute a contractual obligation under this subsection.
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Class I Industrial User Permit Page 28 of 30
II. Noncontact Cooling Water. Water used for cooling that does not come into direct contact
with any raw material, immediate product, or finished product.
JJ. “Pass-through” means a discharge which exits the POTW into waters of the United States
in quantities or concentrations which, alone or in conjunction with a discharge or discharges
from other sources, is a cause of a violation of any requirement of the POTW’s NPDES
permit, including an increase in the magnitude or duration of a violation.
KK. “Person” means any individual, firm, company, association, society, corporation, group,
governmental agency or educational institution.
LL. “pH” means a measure of the acidity or alkalinity of a solution, expressed in standard
units.
MM. “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).
NN. “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 by physical, chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless allowed by an applicable
pretreatment standard.
OO. “Pretreatment requirements” means any substantive or procedural requirement related to
pretreatment imposed on a user, other than a pretreatment standard.
PP. “Pretreatment standards” or “standards” shall mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
QQ. “Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions
against the discharge of certain substances; these prohibitions appear in Section 13.08.040.
RR. “Publicly owned treatment works (POTW)” means the city-owned treatment works, as
defined by Section 212 of the Act. This definition includes any devices or systems used in the
collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a
liquid nature and any conveyances, which convey wastewater to a treatment plant.
SS. “Septic tank waste” means any sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, or septic tanks.
TT. “Sewage” means human excrement and gray water (household showers, dishwashing
operations, etc.).
UU. “Significant industrial user (SIU)” means any industrial discharger subject to federal
categorical pretreatment standards or any industrial discharger that:
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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
containing 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
POTW’s operation or for violating any pretreatment standard or requirement.
VV. “Significant noncompliance” means any one of the following:
1. Chronic violations of wastewater discharge limits, as defined here as those in which
sixty-six percent or more of all of the measurements taken during a six-month period
exceed (by any magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.8(f)(2)(vii);
2. Technical review criteria (TRC) violations, defined here as those in which thirty-
three percent or more of all of the measurements taken for the same pollutant parameter
during a six-month period equal or exceed the product of the numeric pretreatment
standard or requirement including instantaneous limits, as defined
by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS,
fats, oil and grease, and 1.2 for all other pollutants except pH);
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 the general public);
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
emergency 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 schedule
milestone contained in a local control mechanism or enforcement order for starting
construction, completing construction, or attaining final compliance;
6. Failure to provide, within forty-five days after the due date, required reports such as
baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring
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 adversely
affect the operation or implementation of the local pretreatment program.
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Class I Industrial User Permit Page 30 of 30
WW. “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 13.08.040. A
slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to
an accidental spill or a noncustomary batch discharge, which has a reasonable potential to
cause interference or pass through, or in any other way violate the POTW’s regulations,
local limits or permit conditions.
XX. “Storm drain” means a sewer which is designed to carry storm and surface waters and
drainage rather than sewage or industrial wastes.
YY. “Stormwater” or “storm water” means any flow occurring during or following any
form of natural precipitation, and resulting from such precipitation, including snowmelt.
ZZ. “Total suspended solids” or “suspended solids” means the total suspended matter that
floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is
removable by laboratory filtering.
AAA. “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 any hazardous condition to occur in the sewerage system.
BBB. “Wastewater” means liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing facilities, and
institutions, whether treated or untreated, which are contributed to the POTW.
CCC. “Wastewater treatment plant (WWTP)” or “treatment plant” means that portion of the
POTW which is designed to provide treatment of municipal sewage and industrial waste.
(Ord. 1598 §1 (part), 2014)
Valid from: July 15, 2020 – Dec 31, 2023