HomeMy WebLinkAboutO-1598 Amend Sewer Use SLO Municipal CodeORDINANCE NO. 1598 (2014 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTER 13.08
SEWER USE OF THE CITY OF SAN LUIS OBISPO'S MUNICIPAL CODE
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 18,
2014, 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 Luis
Obispo as follows:
SECTION 1. Chapter 13.08 of the San Luis Obispo Municipal Code is hereby
repealed and reenacted in full to read as follows:
Article I. General Provisions
13.08.010 Purpose and policy.
A. This chapter shall apply to all users of the publicly owned treatment works (POTW) for the
City of San Luis Obispo.
B. This chapter authorizes the issuance of wastewater discharge permits to industrial users
(IU's), provides for monitoring, compliance, and enforcement activities, and requires significant
industrial user (SIU) reporting.
C. This chapter sets forth uniform requirements for users of the POTW and enables the city to
comply with all applicable state and federal laws, including the Clean Water Act (33 USC 1251
et seq.) and the General Pretreatment Regulations (Title 40 Code of Federal Regulations (CFR)
Part 403).
D. The objectives of these provisions are:
1. To prevent the introduction of pollutants into the POTW which will interfere with the
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 system
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 course
of their employment and the general public;
01598
Ordinance No. 1598 (2014 Series)
Page 2
5. To enable the city to comply with its national pollutant discharge elimination system permit
conditions, sludge use and disposal requirements, and any other federal or state laws to which the
POTW is subject.
E. Conflict with State Law. Any provision in this chapter that conflicts with the provisions of
the California Health and Safety Code, Streets and Highways Code, Government Code, or any
other California Code shall be automatically superseded by the provisions in said Code until such
time as this chapter can be revised.
F. These provisions provide for the regulation of indirect contributors to the POTW through the
issuance of permits to industrial users, pretreatment and reporting requirements for permittees,
monitoring and enforcement of noncompliance.
G. Except as otherwise provided herein, the director shall administer, implement, and 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 Luis Obispo employee. (Ord. 1570 § 3,
2011: Ord. 1195 § 1, 199 1)
13.08.020 Definitions and abbreviations.
A. The following abbreviations, when used in this ordinance, 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
Ordinance No. 1598 (2014 Series)
Page 3
13. RCRA — Resource Conservation and Recovery Act
14. SIU — Significant Industrial User
15. SNC — Significant Noncompliance
16. TSS — Total Suspended Solids
17. U.S.C. — United States Code
The following terms, when used in this ordinance, shall have the following meanings:
B. "Act" or the "Act" means the Federal Water Pollution Control Act Amendments of 1972 (33
U.S.C. § 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 ma j or 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.
Ordinance No. 1598 (2014 Series)
Page 4
4. The individuals described in paragraphs 1 through 3 of this subsection 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.
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.
Ordinance No. 1598 (2014 Series)
Page 5
O. "Daily Maximum Limit" means the maximum allowable discharge limit of a pollutant during
a calendar day. Where Daily Maximum Limits are expresses 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 ".
T. "Grab sample" means a sample that is taken from a wastestream without regard to the flow in
the wastestream and over a period of time not to exceed fifteen 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 non - domestic 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
Ordinance No. 1598 (2014 Series)
Page 6
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.
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
Ordinance No. 1598 (2014 Series)
Page 7
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 Section (1) (b) or (c) above but otherwise alters, replaces, or
adds to existing process or production equipment.
3. Construction of a new source as defined under this paragraph has commenced if the owner or
operator has:
a. Begun, or caused to begin, as part of a continuous onsite construction program
i. any placement, assembly, or installation of facilities or equipment; or
ii. significant site preparation work including clearing, excavation, or removal of existing
buildings, structures, or facilities 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
paragraph.
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
Ordinance No. 1598 (2014 Series)
Page 8
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.
00. "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:
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). ;
Ordinance No. 1598 (2014 Series)
Page 9
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(l) 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 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 45 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.
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 of this
ordinance. A slug discharge is any discharge of a non - routine, episodic nature, including but not
limited to an accidental spill or a non - customary batch discharge, which has a reasonable
potential to cause interference or pass through, or in any other way violate the POTW's
regulations, local limits or permit conditions.
XX. "Stormdrain" 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
Ordinance No. 1598 (2014 Series)
Page 10
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. 1570 § 4, 2011: Ord. 1195 § 1, 199 1)
Article II. General Sewer Use Requirements
13.08.030 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 or lawn sprays or
uncontaminated water or water added for the purpose of diluting wastes which exceed maximum
concentration limitations, as stated in Section 13.08.040, to the publicly owned treatment works.
B. It shall be unlawful to discharge any wastewater, including domestic sewage, and industrial
wastewater, petroleum products, or otherwise polluted water, derived from residential dwellings,
commercial buildings, industrial and manufacturing facilities, or institutions, to any stormdrain
or natural outlet.
(Ord. 1570 § 5, 2011: Ord. 1195 § 1, 1991)
13.08.040 Prohibited discharges.
A. 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.
B. 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:
1. 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 degrees Fahrenheit (sixty
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 increased
Ordinance No. 1598 (2014 Series)
Page 11
maintenance of sewers or sewerage facilities. No person shall discharge oil and 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 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.
4. 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.
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 or
other interference with the proper operation of the POTW.
6. 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.
7. 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.
8. 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.
9. Any average daily flow greater than two percent of the WWTP average daily sewage flow.
10. Any petroleum oil, nonbiodegradable 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 the director.
12. 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).
13. Any infectious wastes.
14. Any medical wastes, except as specifically authorized by the director in an individual
wastewater discharge permit or a general permit.
15. Any waters or wastes containing color which is not removed in the ordinary WWTP
treatment process.
Ordinance No. 1598 (2014 Series)
Page 12
16. 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.
17. 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.
C. Pollutants, substances, or wastewater prohibited by this Section shall not be processed or
stored on such a manner that they could be discharged to the POTW.
D. Users with the potential to discharge flammable substances may be required to install 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 and interference.
No person shall discharge wastewater containing in excess of the following:
3. Unless otherwise stated in individual discharge permit, the uniform limits shall apply to 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.
UNIFORM LIMIT
CONTRIBUTORY
CONTRIBUTORY
(mg /L)
LIMIT A (mg/L)
LIMIT B (mg /L)
CONSTITUENT
(daily average)
(daily average)
(daily average)
Ammonia
32
50
Biochemical Oxygen
226
400
250
Demand (BOD)
Chloride
1523
Sodium
1200
Total Dissolved Solids
2215
(TDS)
Total Suspended Solids
2346
(TSS)
Copper
0.14
0.20
Zinc
0.17
1.00
0.50
3. Unless otherwise stated in individual discharge permit, the uniform limits shall apply to 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.
Ordinance No. 1598 (2014 Series)
Page 13
4. 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.
F. Limitations on wastewater strength in this chapter 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
subsection A of this section 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.
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.
(Ord. 1570 § 5, 2011: Ord. 1195 § 1, 199 1)
J. The contents of swimming pools and /or spas (including filter backwash from swimming pools
and /or spas) shall only be discharged into the sanitary sewer in the manner specified herein.
1. The water is discharged by pumping and shall not exceed the capacity of the sewer lateral
and /or public main.
Ordinance No. 1598 (2014 Series)
Page 14
2. Each swimming pool discharging to a sewer system shall be equipped with an indirect waste
connection to preclude any possibility of a backflow of sewage into the swimming pool or piping
system.
13.08.050 Federal categorical pretreatment standards — Applicability.
Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I,
Subchapter N, Parts 405 -471.
(Ord. 1570 § 7, 2011: Ord. 1195 § 1, 199 1)
13.08.060 Right of revision.
The City reserves the right to establish, by ordinance or in individual wastewater discharge
permits, more stringent Standards or Requirements on discharges to the POTW consistent with
the purpose of this ordinance.
13.08.070 Dilution.
No User shall ever increase the use of process water, or in any way attempt to dilute a discharge,
as a partial or complete substitute for adequate treatment to achieve compliance with a discharge
limitation unless expressly authorized by an applicable Pretreatment Standard or Requirement.
The Director may impose mass limitations on Users who are using dilution to meet applicable
Pretreatment Standards or Requirements or in other cases when the imposition of mass
limitations is appropriate.
Article III. Pretreatment of Wastewater
13.08.080 Pretreatment facilities.
Users shall provide wastewater treatment as necessary to comply with this chapter and shall
achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions
set out in Section 13.08.040 within the time limitations specified by EPA, the state, or the
director, whichever is more stringent. Any facilities necessary for compliance shall be provided,
operated, and maintained at the user's expense. Detailed plans describing such facilities and
operating procedures shall be submitted to the director for review, and shall be acceptable to the
director before such facilities are constructed. The review of such plans and operating procedures
shall in no way relieve the user from the responsibility of modifying such facilities as necessary
to produce a discharge acceptable to the city under the provisions of this chapter. All
pretreatment facilities must comply with all other applicable laws.
(Ord. 1570 § 8, 2011: Ord. 1195 § 1, 1991)
Ordinance No. 1598 (2014 Series)
Page 15
13.08.090 Grease, oil and sand interceptors.
A. Grease, oil and sand interceptors shall be installed for the proper handling of liquid 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 accordance with the Uniform
Plumbing Code, and shall be located as to be readily and easily accessible for cleaning and
inspection. Grease and oil interceptors shall be constructed of impervious materials capable of
withstanding abrupt and extreme changes in temperature. They shall be of substantial
construction, watertight, and equipped with easily removable covers which, when bolted in
place, shall be gastight and watertight.
B. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his
or her expense, in continuously efficient operation at all times. Those interceptors found to be
inadequately sized or insufficiently removing fats, oils, and grease, for any reason, will be
required to be repaired or replaced, at owner's expense. Failure to properly maintain interceptors
in continuously efficient operation may be considered sufficient cause for disconnection of
premises from the POTW or punitive actions as provided for in this chapter. (Ord. 1195 § 1,
1991)
C. Where installed, all grease, oil, and sand interceptors must be serviced on a routine basis,
determined by usage patterns, and have the wastes properly disposed of in accordance to all
applicable rules and regulations.
D. Where installed all grease, oil, and sand interceptors must have all related maintenance
documented. All interceptor cleaning and service records for the previous three years must be
kept onsite and made immediately available during inspection.
13.08.100 Accidental discharge - Slug discharge control plan.
The director shall evaluate whether each SIU needs an accidental discharge /slug discharge
control plan or other action to control Slug Discharges. The Director may require any User to
develop, submit for approval, and implement such a plan or take such other action that may be
necessary to control Slug Discharges. Alternatively, the Director may develop such a plan for
any User. An accidental discharge/ slug discharge control plan shall address, at a minimum, the
following:
A. Description of discharge practices, including non - routine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the Director of any accidental or Slug Discharge, as
required by Section (13.08.240) of this ordinance; and
D. Procedures to prevent adverse impact from any accidental or Slug Discharge. Such
procedures include, but are not limited to , inspection and maintenance of storage areas, handling
Ordinance No. 1598 (2014 Series)
Page 16
and transfer of materials, loading and unloading operations, control of plant site runoff, worker
training, building of contaminant structures or equipment, measures for containing toxic organic
pollutants, including solvents, and /or measures and equipment for emergency response.
13.08.110 Prohibition of hauled wastewater.
Any trucked or hauled waste is prohibited from discharge into the POTW, except at specific
points designated by the Director.
Article IV. Compliance Monitoring
13.08.120 Control manhole
When required by the director, the owner of any property served by a building sewer carrying
industrial wastes shall install a suitable control manhole in the building sewer to facilitate
observation, sampling and flow measurement of the discharge. Such manhole, when required,
shall be accessible and safely located, and shall be constructed in accordance with plans
approved by the director. The manhole shall be installed by the owner at his or her expense and
shall be maintained by him or her so as to be safe and accessible at all times.
(Ord. 1195 § 1, 1991)
13.08.130 Measurements and tests.
A. All measurements, tests and analyses of the characteristics of water and wastes shall be
determined by the testing procedures specified in 40 CFR Part 136. When required by the
director, the industrial user shall provide safe and secure access to the proper sampling point for
the determination 6f compliance with federal categorical standards and /or local discharge limits.
This may require the installation of a control manhole as described in Section 13.08.120. All
testing shall be performed by an approved laboratory and conducted at the expense of the
discharger.
(Ord. 1570 § 9, 2011: Ord. 1195 § 1, 199 1)
B. When requested by the Director, a User must submit information on the nature and
characteristics of its wastewater within thirty (30) days of the request. The Director is authorized
to prepare a form for this purpose and may periodically require Users to update this information.
13.08.140 Powers and authority of inspectors.
A. Inspection of Premises. The director or other duly authorized employees or representatives of
the city bearing proper credentials and identification shall be readily permitted to enter all
properties for the purposes of inspection, observation, record examination and copying,
measurement, sampling, and testing in accordance with the provisions of this chapter at all
reasonable times. If the director, health officer, or other duly authorized employee or
representative of the city or the health department has reasonable cause to believe that
Ordinance No. 1598 (2014 Series)
Page 17
wastewater discharge conditions on or emanating from a facility are so hazardous, unsafe or
dangerous as to require immediate inspection to safeguard public health or safety or the integrity
of the POTW, they shall have the right to immediately enter and inspect the property and may
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. The
director may require the user to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times in a safe and proper
operating condition by the user at its own expense. Any temporary or permanent obstruction to
safe and easy access to the facility to be inspected and /or sampled shall be removed by the user
at the written or verbal request of the director and shall not be replaced. The costs of clearing
such access shall be borne by the user. Unreasonable delays in allowing access to the user's
premises shall be a violation of this chapter.
C. Cost of Inspection. Each discharger shall pay a reasonable inspection fee sufficient to cover
the costs of the inspection. Such costs may be incorporated in the industrial user wastewater
discharge permit fee.
D. Rights of City Entry. The director or other duly authorized employees of the city bearing
proper credentials and identification shall be permitted to enter all private properties through
which the city holds a duly negotiated easement for the purposes of, but not limited to,
inspection, observation, measurement, sampling, repair and maintenance of any portion of the
POTW. (Ord. 1570 § 10, 2011: Ord. 1195 § 1, 1991)
Article V. Individual Wastewater Discharge Permits
13.08.150 Permit — Required— Term — Transfer — Revocation — Completion of an
industrial user's survey required.
A. Permit Application
1. Industrial Users required to obtain a wastewater discharge permit shall complete and file an
industrial wastewater discharge permit application with the city within thirty (30) days of
receiving a notice to apply. Proposed new IUs shall apply ninety days prior to actual connection
to the municipal sewer.
2. In support of its application, the applicant must submit the information requested in the
application form issued by the city.
3. The director will evaluate the data furnished by the IU and may require additional information.
Incomplete or inaccurate applications will not be processed and will be returned to the IU for
revision. After evaluation and acceptance of the information furnished, the director may issue an
industrial wastewater discharge permit subject to the terms and conditions provided herein.
Ordinance No. 1598 (2014 Series)
Page 18
4. All industrial wastewater discharge permit applications, IU reports, and certification
statements must be signed by an authorized representative of the IU and contain the certification
statement set forth in Section 13.08.300.
5. If the designation of an authorized representative is no longer accurate because a different
individual or position has assumed responsibility either for the overall operation of the facility or
for the overall environmental matters of the company, a new written authorization satisfying the
requirements of this section must be submitted to the director prior to, or together with, any
reports to be signed by an authorized representative.
6. A denial of a permit application may be appealed pursuant to the procedures in Section
13.08.530.
B. Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions
of this chapter and all other regulations, user charges and fees established by the city. The
conditions of wastewater discharge permits shall be uniformly enforced by the Director in
accordance with this chapter, and applicable state and federal regulations. Permit requirements
may include but not be limited to the following:
1. A statement that indicates the industrial wastewater discharge permit issuance date, expiration
date, and effective date;
2. A statement that the industrial wastewater discharge permit is nontransferable;
3. Effluent limits, which may include numerical limits or Best Management Practices based on
applicable pretreatment standards;
4. Self- monitoring, sampling, reporting, notification, and record - keeping requirements. These
requirements shall include an identification of pollutants or Best Management Practices to be
monitored, sampling location, sampling frequency, and sample type based on federal, state, and
local law;
5. Requirements to control slug discharges, if determined by the director to be necessary;
6. Limits on the average and /or maximum rate of discharge, time of discharge, and /or
requirements for flow regulation and equalization;
7. Requirements for the installation of pretreatment technology, pollution control, or construction
of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of
pollutants into the treatment works;
8. Requirements for the development and implementation of spill control plans or other special
conditions including management practices necessary to adequately prevent accidental,
unanticipated, or non - routine discharges;
Ordinance No. 1598 (2014 Series)
Page 19
9. Development and implementation of waste minimization plans to reduce the amount of
pollutants discharged to the POTW;
10. Requirements for installation and maintenance of inspection and sampling facilities and
equipment, including flow measurement devices;
11. A statement that compliance with the industrial wastewater discharge permit does not relieve
the permittee of responsibility for compliance with all applicable federal and state pretreatment
standards, including those which become effective during the term of the industrial wastewater
discharge permit;
12. Other conditions as deemed appropriate by the director to ensure compliance with this
chapter and state and federal laws, rules, and regulations; and
13. A statement of applicable civil and criminal penalties for violation of pretreatment standards
and requirements, and any applicable compliance schedule. Such schedule may not extend the
time for compliance beyond that required by applicable federal, state, or local law.
C. Permit modification.
1. The director may modify any industrial wastewater discharge 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 IU's operation, processes, or wastewater
volume or character since the time of the industrial wastewater discharge permit issuance;
c. To add information indicating that the permitted discharge poses a threat to the city's POTW,
personnel, or the receiving waters;
d. In light of a violation of any terms or conditions of the industrial wastewater discharge permit;
e. In light of misrepresentations or failure to fully disclose all relevant facts in the industrial
wastewater discharge permit application or in any required reporting;
f. To correct typographical or other errors in the industrial wastewater discharge permit.
2. An IU shall be informed of any proposed changes in its permit at least thirty calendar days
prior to the effective date of the change.
D. Duration of Permits. Permits shall be issued for a specified time period, not to exceed five
years. A permit may be issued for a period of less than one year or may be stated to expire on a
specific date. The terms and conditions of the permit may be subject to modification and change
by the director during the life of the permit as limitations or requirements as identified in this
Ordinance No. 1598 (2014 Series)
Page 20
chapter are modified and changed. The user shall be informed of any proposed changes in his or
her permit at least thirty days prior to the effective date of change. Any changes or new
conditions in the permit shall include a reasonable time schedule for compliance.
E. Transfer of a Permit. 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.
F. Revocation of Permit. Any user who violates any of the conditions of this chapter, or
applicable state and federal regulations, or any of the following conditions, is subject to permit
revocation:
1. Failure to notify the director of significant changes to the IU's operations, systems, or
wastewater prior to the changed discharge;
2. Misrepresentation or failure to fully disclose all relevant facts in the industrial wastewater
discharge permit application;
3. Falsifying self - monitoring reports and certification statements;
4. Tampering with monitoring equipment;
5. Refusing to allow the Director timely access to facility premises and records;
6. Failure to meet effluent limitations;
7. Failure to pay fines;
8. Failure to provide advance notice of the transfer of business ownership of a permitted facility;
9. Failure to meet compliance schedules; or
10. Violation of any pretreatment standard or requirement or of any terms of the industrial
wastewater discharge permit or of this chapter
G. 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.
Ordinance No. 1598 (2014 Series)
Page 21
Article VI. Reporting Requirements
13.08.160 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 are being consistently
met.
B. After meeting the requirements set forth in subsection A of this section, the user shall submit
self - monitoring reports, as required by the director, to assess and assure continued 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 sampling and analysis of the
discharge, done in accordance with the procedures approved by the POTW.
C. Reports, such as those identified in subsections A and B but not limited to, shall be 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 any 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 shall be extended during the
course of any unresolved litigation regarding the industrial user. (Ord. 1195 § 1, 1991)
E. Notification of the Discharge of Hazardous Waste
1. Any User who commences the discharge of hazardous waste shall notify the POTW, the EPA
Regional Waste Management Division Director, and State hazardous waste authorities, in
writing, of any discharge into the POTW of a substance which, 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 hazardous waste number, and the type
of discharge (continuous, batch, or other). If the User discharges more than one hundred (100)
kilograms of such waste per calendar month to the POTW, the notification also shall contain the
following information to the extent such information is known and readily available to the User:
an identification of the hazardous constituents contained in the wastes, an estimation of the mass
and concentration of such constituents in the wastestream discharged during that calendar month,
and an estimation of the mass of constituents in the wastestream expected to be discharged
during the following twelve (12) months. All notifications must take place no later than one
hundred and eighty (180) days after the discharge commences. Any notification under this
paragraph need be submitted only once for each hazardous waste discharged. However,
notifications of changed conditions must be submitted under Article 6 of this ordinance. The
notification requirement in this Section does not apply to pollutants already reported by Users
subject to categorical Pretreatment Standards under the self - monitoring requirements of Article 6
of this ordinance.
2. Dischargers are exempt from the requirements of paragraph A, above, during a calendar
month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless
Ordinance No. 1598 (2014 Series)
Page 22
the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e).
Discharge of more than fifteen (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 User
discharges more than such quantities of any hazardous waste do not require additional
notification.
3. In the case of any new regulations under section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a hazardous waste, the
User must notify [the Superintendent], the EPA Regional Waste Management Waste Division
Director, and State hazardous waste authorities of the discharge of such substance within ninety
(90) days of the effective date of such regulations.
4. In the case of any notification made under this Section, the User shall 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 this ordinance, a permit issued thereunder, or any applicable Federal or State
law.
13.08.170 Baseline monitoring reports.
A. Within either one hundred eighty days after the effective date of a categorical pretreatment
standard, or the final administrative decision on a category determination under 40 CFR
403.6(a)(4), whichever is later, existing Categorical Industrial Users currently discharging to, or
scheduled to discharge to, the POTW shall submit to the director a report containing the
information listed in Section 13.08.170 (C), below.
B. At least ninety days prior to commencement of their discharge, new sources, and sources that
become categorical industrial users subsequent to the promulgation of an applicable categorical
standard, shall submit to the director a report containing the information listed in Section
13.08.170 (C), below. A new source shall report the method of pretreatment it intends to use to
meet applicable categorical standards. A new source shall also give estimates of its anticipated
flow and quantity of pollutants to be discharged.
C. IUs described above shall submit the information set forth below:
1. Identifying Information. The IU shall submit the name and address of the facility including the
name of the operator and owners;
2. Permits. The IU shall submit a list of any environmental control permits held by or for the
facility;
3. Description of Operations. The IU shall submit a brief description of the nature, average rate
of production, and Standard Industrial Classification of the operation(s) carried out by such IU.
Ordinance No. 1598 (2014 Series)
Page 23
This description shall include a schematic process diagram that indicates points of discharge to
the POTW from the regulated processes.
4. Flow Measurement. The IU shall submit information showing the measured average daily and
maximum daily flow, in gallons per day, to the POTW from each of the following:
a. Regulated process streams; and
b. Other streams as necessary to allow use of the combined waste stream formula of 40 CFR
403.6(e). The city may allow for verifiable estimates of these flows where justified by cost or
feasibility considerations.
5. Measurement of Pollutants.
a. The IU shall identify the pretreatment standards applicable to each regulated process; and
b. The IU shall submit the results of sampling and analysis identifying the nature and
concentration of regulated pollutants in the discharge from each regulated process. Both daily
maximum and average concentration shall be reported. The sample shall be representative of
daily operations.
c. A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease,
sulfide, and volatile organics. For all other pollutants, twenty -four hour composite samples must
be obtained through flow - proportional composite sampling techniques where feasible. The city
may waive flow - proportional composite sampling for any IU that demonstrates that flow -
proportional sampling is infeasible. In such cases, samples may be obtained through time -
proportional composite sampling techniques or through a minimum of four grab samples where
the IU demonstrates that this will provide a representative sample of the effluent being
discharged.
d. The IU shall take a minimum of one representative sample to compile the data necessary to
comply with the requirements of this section.
e. Samples should be taken immediately downstream from pretreatment facilities if such exist or
immediately downstream from the regulated process if no pretreatment facility exists. If other
wastewaters are mixed with the regulated wastewater prior to pretreatment, the IU shall measure
the flows and concentrations necessary to allow use of the combined waste stream formula of 40
CFR 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an
alternate concentration has been calculated in accordance with 40 CFR 403.6(e) this adjusted
limit along with supporting data shall be submitted to the city.
f. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40
CFR part 136 and amendments thereto. Where 40 CFR part 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the director determines that the part
136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling
and analyses shall be performed by using validated analytical methods or any other applicable
Ordinance No. 1598 (2014 Series)
Page 24
sampling and analytical procedures, including procedures suggested by the city or other parties,
and approved by the director.
g. The city may allow the submission of a baseline report that utilizes only historical data so long
as the data provides information sufficient to determine the need for industrial pretreatment
measures.
h. The baseline report shall indicate the time, date, and place of sampling, and methods of
analysis, and shall certify that such sampling and analysis is representative of normal work
cycles and expected pollutant discharges to the POTW.
6. Compliance Certification. The IUs shall submit a statement, reviewed by an authorized
representative of the IU (as defined in Section 13.08.160 and certified to by a qualified
professional) indicating whether pretreatment standards are being met on a consistent basis, and,
if not, whether additional operation and maintenance (O and M) and /or additional pretreatment is
required for the IU to meet the pretreatment standards and requirements.
7. Compliance Schedule. If additional pretreatment and /or O and M will be required to meet the
pretreatment standards, the IU shall submit the shortest schedule by which the IU will provide
such additional pretreatment and /or O and M. The completion date in this schedule shall not be
later than the compliance date established for the applicable pretreatment standard. A compliance
schedule shall meet the requirements set forth in Section 13.10.180 of this chapter.
8. All baseline monitoring reports must be certified in accordance with Section 13.08.170 of this
chapter and be signed by an authorized representative as defined in Section 13.08.160
13.08.180 - Compliance schedule.
A. The schedule shall contain progress increments in the form of dates for the commencement
and completion of major events leading to- the construction and operation of additional
pretreatment required for the IU to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary and final plans,
executing contracts for major components, commencing and completing construction, and
beginning and conducting routine operation);
B. No increment referred to above shall exceed nine months;
C. The IU shall submit a progress report to the director no later than fourteen days following
each date in the schedule and the final date of compliance, including in such progress report, at a
minimum, whether it complied with the increment of progress, the reason for any delay, and if
appropriate, the steps taken by the IU to return to the established schedule; and
D. In no event shall more than nine months elapse between submissions of such progress reports
to the director.
Ordinance No. 1598 (2014 Series)
Page 25
13.08.190 - Reports on compliance with categorical pretreatment standard
deadline.
Within ninety days following the date for final compliance with applicable categorical
pretreatment standards, or in the case of a new source, following commencement of the
introduction of wastewater into the POTW, any user subject to such pretreatment standards and
requirements shall submit to the director a report containing the information described in 40 CFR
403.12(d).
13.08.200 - Periodic compliance reports.
A. All SIUs must, at a frequency determined by the director, submit no less than twice per year,
in June and December or on other dates specified, reports indicating the nature and concentration
of pollutants in the discharge that are limited by pretreatment standards, and the measured or
estimated average and maximum daily flows for the reporting period. In cases where the
pretreatment standard requires compliance with a Best Management Practice or pollution
prevention alternative, the SIU must submit documentation required by the director or the
pretreatment standard necessary to determine the compliance status of the SIU. The director may
modify the months during which the above reports are to be submitted.
B. All periodic compliance reports must be signed and certified in accordance with Section
13.08.160 of this chapter.
13.08.210 - Reports of changed conditions.
A. All IUs must promptly notify the director in advance of any substantial changes to the IU's
operations or system which might alter the nature, quality, or volume of its wastewater.
B. SIUs are required to notify the director immediately of any changes at its facility affecting the
potential for a slug discharge.
13.08.220 Reports from unpermitted users.
All Users not required to obtain an individual wastewater discharge permit shall provide reports
to the director as the director may require.
13.08.230 - Notice of violation - Repeat sampling and reporting.
If sampling performed by an IU indicates a violation, the IU must notify the director within
twenty four hours of becoming aware of the violation. The IU shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the city within thirty days of becoming
aware of the violation. Where the city has performed the sampling and analysis in lieu of the IU,
the city must perform the repeat sampling and analysis unless it notifies the IU of the violation
and requires the IU to perform the repeat analysis. Resampling is not required if:
A. The city performs sampling for the IU at a frequency of at least once per month, or
Ordinance No. 1598 (2014 Series)
Page 26
B. The city performs sampling for the IU between the time the initial sampling was conducted
and the time the IU or the city receives the results of this sampling.
13.08.240 - Accidental discharge and slug control plan.
A. Each IU shall provide protection from accidental discharge of prohibited materials or other
wastes regulated by this chapter. Facilities shall be provided to prevent accidental discharges of
prohibited materials and shall be maintained at the IU's expense. Detailed plans showing
facilities and operating procedures to provide this protection shall be submitted by the IU when
requested, to the city for the city's review, and shall be approved by the director before
construction of the facility. Review and approval of such plans and operating procedures shall
not relieve the IU from the responsibility to modify its facility as necessary to meet the
requirements of this chapter or of any other applicable rule, regulation, order or ordinance of a
governmental authority.
B. Any direct or indirect connection to the IU's plumbing or drainage system that allows the
discharge of wastes to the public sewer system in violation of this chapter, shall be eliminated.
Where such action is impractical or unreasonable, as determined by the city, the IU shall
appropriately label such entry points to warn against discharge of such wastes.
C. A notice shall be permanently posted on the IU's bulletin board or other prominent place
advising employees who could cause such a discharge to occur, of the emergency notification
procedure.
13.08.250 - Analytical requirements.
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater
discharge permit application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an
applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the EPA determines that the Part 136
sampling and analytical techniques are inappropriate for the pollutant in question, sampling and
analyses shall be performed by using validated analytical methods or any other applicable
sampling and analytical procedures, including procedures suggested by the director or other
parties approved by the EPA.
13.08.260 - Sample collection.
A. Samples collected to satisfy reporting requirements must be based on data obtained through
appropriate sampling and analyses performed during the period covered by the report and be
representative of conditions occurring during the reporting period.
B. Except as indicated in subsections C and D below, the IU must collect wastewater samples
using twenty -four hour flow proportional composite sampling techniques, unless time
proportional composite sampling or grab sampling is authorized by the director. Where time
proportional composite sampling or grab sampling is authorized by the director, the samples
Ordinance No. 1598 (2014 Series)
Page 27
must be representative of the discharge. Using protocols (including appropriate preservation)
specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected
during a twenty -four hour period may be composited prior to the analysis as follows: for cyanide,
total phenols, and sulfides the samples may be composited in the laboratory or in the field; for
volatile organics and oil and grease, the samples may be composited in the laboratory.
Composite samples for other parameters unaffected by the compositing procedures as
documented in approved EPA methodologies may be authorized by the city, as appropriate. In
addition, grab samples may be required to show compliance with instantaneous limits.
C. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile
organic compounds must be obtained using grab collection techniques.
D. For sampling required in support of baseline monitoring reports and ninety -day compliance
reports pursuant to Section 13.08.170 and 13.08.510 [40 CFR 403.12(b) and (d)], a minimum of
four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile
organic compounds for facilities for which historical sampling data do not exist; for facilities for
which historical sampling data are available, the director may authorize a lower minimum. For
the reports required by Section 13.08.200(40 CFR 403.12(e) and 403.12(h)), the IU is required to
collect the number of grab samples necessary to assess and assure compliance with applicable
pretreatment standards and requirements.
E. If an IU subject to the reporting requirement in this section monitors any regulated pollutant at
the appropriate sampling location more frequently than required by the director, using the
procedures set forth in Section 13.08.270, the results of this monitoring shall be included in the
report.
F. All required sampling shall be done at the IU's expense.
13.08.270 - Representative wastewater samples.
All wastewater samples must be representative of the IU's discharge. Wastewater monitoring and
flow measurement facilities shall be properly operated, kept clean, and maintained in good
working order at all times. The failure of an IU to keep its monitoring facility in good working
order shall not be grounds for the IU to claim that sample results are unrepresentative of its
discharge.
13.08.280 - Date of receipt of reports.
Written reports will be deemed to have been submitted on the date postmarked. For reports that
are not mailed, postage prepaid, from a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern.
13.08.290 - Recordkeeping.
Any IUs subject to the reporting requirements of this chapter shall retain, and make available for
inspection and copying, all records of information obtained pursuant to any monitoring activities
Ordinance No. 1598 (2014 Series)
Page 28
required by this chapter, any additional records of information obtained pursuant to monitoring
activities undertaken by the IU independent of such requirements, and documentation associated
with Best Management Practices established under Section 13.08.040. Records shall include the
date, exact place, method, time of sampling, the name(s) of the person(s) taking the samples; the
dates analyses were performed; who performed the analyses; the analytical techniques or
methods used; and the results of such analyses. These records shall remain available for a period
of at least three years or during the pendency of any litigation.
13.08.300 - Certification statements.
A. Certification of Permit Applications and User Reports. The following certification statement
is required to be signed and submitted by IUs submitting baseline monitoring reports pursuant to
Section 13.08.170, SIUs submitting reports in compliance with the categorical pretreatment
standard deadlines pursuant to Section 13.08.190, IUs submitting periodic compliance reports
required by Section 13.08.200. The following certification statement must be signed by an
authorized representative as defined in Section 13.08.020, definitions:
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.
Article VII. Confidential Information
13.08.310 Confidentiality — Public disclosure.
A. 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
Ordinance No. 1598 (2014 Series)
Page 29
defined at 40 CFR 2.302, shall not be recognized as confidential information and shall be
available to the public without restriction.
B. Notification of significant violators and significant noncompliance shall be published at least
once every twelve months in the major local newspaper. (Ord. 1570 § 12, 2011; Ord. 1195 § 1,
1991)
Article VIII. Publication of Users in Significant Noncompliance
13.08.320 - Publication of industrial users in significant noncompliance.
A. The director shall publish annually, in a newspaper of general circulation that provides
meaningful public notice within the jurisdictions served by the POTW, a list of the IUs which, at
any time during the previous twelve months, were in significant noncompliance with applicable
pretreatment standards and requirements. The term significant noncompliance shall be applicable
to all SIUs (or any other IU that violates paragraphs 3., 4. or 8. of this section) and shall mean:
1. Chronic violations of wastewater discharge limits, defined here as those in which sixty -six
percent or more of all the measurements taken for the same pollutant parameter taken during a
six -month period exceed (by any magnitude) a numeric pretreatment standard or requirement,
including instantaneous limits as defined by 40 CFR 403.3(1);
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 = 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 thirty 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;
Ordinance No. 1598 (2014 Series)
Page 30
8. Any other violation or group of violations which the city determines will adversely affect the
operation or implementation of the local pretreatment program.
Article IX. Sewer Connection
13.08.330 Fee required prior to permit issuance for newly annexed territory.
Before a permit shall be issued for a sewer connection in any area now outside the city limits
which shall hereafter be annexed to the city, the owner or applicant shall pay to the city for such
privilege a sum of money to be the property's share of the cost of the existing sewerage facilities
of the city to be used by the property. (Ord. 1570 § 1, 2011: Prior code § 7500)
13.08.340 Computation of fee.
The sum shall be the equivalent of the cost to similar properties then within the city which have
paid for the facilities so to be used. (Prior code § 7500.1)
13.08.350 Exemption of outstanding bonds from fee determination.
The sum shall not include any amounts from which bonds of the city are then outstanding and to
which the property shall become subject upon annexation. (Prior code § 7500.2)
13.08.360 Main extensions to customers other than subdivisions —Terms and
conditions.
A. Sewer mains may be extended by developers or other interested parties that would benefit by
their extension, at their cost, providing the improvements are designed to current city standards
and policy and are approved by the director of public works and director of utilities.
B. The owner or developer who installs improvements which abut property other than that being
developed, or in a greater size or capacity than that required for the development of the property
under consideration, may be reimbursed as provided in Section 16.20.110 of this code. (Ord.
1133 §4,1989)
13.08.370 Use of existing sewer.
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 city
sewerage facilities which were constructed by a developer under a reimbursement agreement for
which such property shall not have made full payment of its share of the cost thereof, the owner
or applicant shall pay to the city a sum of money for such privilege in the same manner as
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 and
discharged to the existing sewer system shall install a water meter on the well in order to
Ordinance No. 1598 (2014 Series)
Page 31
determine the appropriate sewer charges. Installation of the water meter shall be in accordance
with the standards established by the city engineer. (Ord, 1570 § 2, 2011: Ord. 1428 § 3, 2002;
Ord. 1307 § 1, 1996; prior code § 7500.8)
13.08.380 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 the city.
(Prior code § 7500.9)
13.08.390 Drainage below curb and below main sewer level.
A. Drainage Piping Serving Fixtures. Drainage piping serving fixtures, the flood level rims of
which are located below the elevation of the curb or property line, at the point where the building
sewer crosses under the curb or property line, and above the crown level of the main sewer, shall
drain by gravity into the main sewer, and shall be protected from backflow of sewage by
installing an approved type backwater valve, and each such backwater valve shall be installed
only in that branch or section of the drainage system which receives the discharge from fixtures
located below the elevation of the curb or property line. If the drainage piping is lower than the
next upstream manhole, the property owner may be required to install a backwater valve.
B. Director Empowered to Stop Overflow. If the property owner fails to install and maintain a
backwater trap or backwater valve in good working condition, when required under this section,
the director may order and require the plumbing fixture to be disconnected and removed and the
outlet plugged or capped. In the event that the property owner fails to disconnect and plug or cap
the sewer connection within ten days after written notice by the director, then the director shall
arrange for such disconnection and capping, the cost of which may be collected by court action
or may be declared to be a lien by action of the council after public hearing and notice of the
property owner and 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 forth 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, the director may order and
require termination of water service to the parcel and all structures connected to the sewer outlet
subject to overflow. The water service shall not be reinstated until the maintenance or installation
of the backwater trap or backwater valve has been approved by the director.
D. Maintenance of House Sewer Connections. The property owner will be responsible for all
construction, maintenance, improvements and repairs of the sewer lateral including all house
connections, industrial sewers, private sewage disposal systems and appurtenances thereto, now
existing or hereafter constructed. Laterals shall be maintained by the owner of the property in a
safe and sanitary condition; and all devices or safeguards which are required for the operation
thereof shall be maintained in a good working order. If a property owner fails to maintain the
abovementioned wastewater facilities in a safe and sanitary condition, the director may order and
require termination of water service to the parcel and all structures connected to the sewer outlet
subject to these conditions. The water service shall not be reinstated until the maintenance or
Ordinance No. 1598 (2014 Series)
Page 32
installation of appropriate wastewater disposal facilities has been approved by the director. (Ord.
1195 §1,1991)
Article X. Charges and Fees
13.08.400 Determination —User classification.
A. A schedule of charges and fees shall be adopted by the city by resolution and may be
amended from time to time which will enable the city to comply with the revenue requirements
of the State Clean Water Grant Program. Charges and fees shall be determined in a manner
consistent with regulations of the grant program.
B. All users shall be classified by assigning each one to a user classification (significant
industrial user, Class I user or Class II user) category according to the principal activity
conducted on the user's premises and appropriate nonindustrial classifications as determined by
the city. The purpose of such classification is to facilitate the regulation of wastewater discharges
based on wastewater constituents and characteristics to provide an effective means of source
control, and to establish a system of user charges and industrial user wastewater discharge permit
fees which will ensure an equitable recovery of the city's cost for operation of the pretreatment
program.
C. The charges for each wastewater constituent and characteristic shall be established by the city
and set forth in the city's schedule of charges and fees, which may include, but shall not be
limited to:
1. User classification charges.
2. Fees for monitoring and inspections.
3. Charges and fees based on wastewater constituents and characteristics to include industrial
cost recovery provisions of the Federal Act (i.e., PL 92 -500).
4. In case a residence or place of business becomes vacant, the minimum sewer charge shall be
collected until the city is requested to shut off the water.
5. 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 be
paid or the city may, in addition to other remedies, shut off the water service.
6. Any person failing to pay the sewer service charge when due, and if the water service has been
disconnected, shall pay the water restoration - reconnection charge provided for in Section
13.04.060.
D. When user classification charges are established, they shall be based upon a minimum basic
charge for each premises, computed on the basis of wastewater from a domestic premises. (Ord.
1570 § 13, 2011: Ord. 1195 § 1, 199 1)
Ordinance No. 1598 (2014 Series)
Page 33
13.08.410 Use of revenues.
Revenue derived by the city under the provisions of the ordinance codified in this article shall be
used for the operation, acquisition, construction, reconstruction and maintenance of the sanitary
sewer system and shall be applied to the retirement of any bonded indebtedness which was
incurred to improve the sanitary sewer system. (Ord. 1195 § 1, 199 1)
Article XI . Rules and Regulations Governing the Disposal of Septic Tank Cleanings
13.08.420 Unlawful to dump on land.
It is unlawful for any person to dump or discharge raw or chemically treated sewage from any
source onto the surface of any lands within the city, except such lands as the city utilizes in
connection with the operation of its wastewater treatment plant. (Ord. 1195 § 1, 199 1)
13.08.430 Unlawful to dump into city collection system except as provided in this
chapter.
It is unlawful for any person to dump or discharge into the city sewer collection system septic
tank cleanings or any raw or chemically treated sewage from septic tanks or any industrial or
unidentified liquid waste or any hazardous waste except as provided in this article. (Ord. 1195
§ 1, 1991)
13.08.440 Dumping regulations.
Raw or chemically treated sewage from chemical toilets may be discharged or dumped into the
city sewer collection system only at the places designated by the director. (Ord. 1195 § 1, 199 1)
13.08.450 Dumping permit and fees.
Each person dumping or discharging raw or chemically treated sewage into the facilities of the
city shall pay the appropriate fees established in accordance with the criteria set forth in Section
13.08.410. (Ord. 1195 § 1, 1991)
Article XII. Administration and Enforcement Remedies
13.08.460 Unlawful discharges.
A. Notification of Discharge.
1. Users shall notify the director immediately upon discharging wastes in violation of this
chapter to enable countermeasures to be taken by the city to minimize damage to the community
sewer, treatment facility, treatment process, treatment personnel and the receiving waters.
Ordinance No. 1598 (2014 Series)
Page 34
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 the measures being taken
to prevent future occurrence.
3. Such notification will not relieve users of liability for any expense, loss or damage to the
sewer system, treatment plant, or treatment process, or for any fines imposed on the city by any
public entity on account thereof.
B. Notices to Employees. In order that employees of users be informed of city requirements,
users shall make available to their employees copies of this chapter, together with such other
wastewater information and notices which may be furnished by 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 advising 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 or
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 such entry points to warn
against discharge of such wastes in violation of this chapter. (Ord. 1195 § 1, 199 1)
13.08.470 Authority of Director.
A. Notice of Violation. When the director finds that a user has violated or continues to violate,
any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any
other pretreatment standard or wastewater requirement of the city, state or federal government,
or is found to have improperly used or maintained sewers, the director may serve that User a
written Notice of Violation. Within thirty (30) days of the receipt of such notice, an explanation
of the violation and a plan for the satisfactory correction and prevention thereof, to include
specific required actions, shall be submitted by the User to the director. Submission of such a
plan in no way relieves the User of liability for any violations occurring before or after receipt of
the Notice of Violation.
_B. Nothing in this section shall limit the authority of the director to take any action, including
emergency actions or any other enforcement action, without issuing a notice of violation;
however, such notice of violation shall be issued as soon as possible.
C Consent Orders. The director may enter into consent orders, assurances of compliance, or
other similar agreements with any user responsible for noncompliance. Such agreement shall
include specific actions to be taken by the user to correct the noncompliance within the time
period specified in the agreement. Such documents shall have the same force and effect as the
administrative orders issued pursuant to Sections 13.08.5 00 and 13.08.5 10 of this ordinance and
shall be judicially enforceable.
D. Compliance Orders. When the director finds that a user has violated, or continues to violate,
any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any
other pretreatment standard or requirement, the director may issue an order to the user
Ordinance No. 1598 (2014 Series)
Page 35
responsible for the discharge directing that the user come into compliance within a specified
time. If the user does not come into compliance within the time provided, water service may be
discontinued unless adequate treatment facilities, devices, or other related appurtenances are
installed and properly operated. Compliance orders may also contain other requirements to
address the noncompliance, including additional self - monitoring and management practices
designed to minimize the amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the user of liability for any violation, including any
continuing violation.
E. 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 of persons, or 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 desist and direct those persons not complying with this
chapter to:
1. Comply forthwith; or
2. Comply in accordance with a time schedule set forth by the director; or
3. Take appropriate remedial or preventive action in the event of a threatened violation. (Ord.
1570 § 14, 2011: Ord. 1195 § 1, 1991)
F. When the director finds that a discharge of wastewater has taken place, in violation of
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 report
containing methods to eliminate illegal discharges, a time schedule for the commencement and
completion of any equipment installation or maintenance necessary to comply with discharge
limitations and methods of assurance of continued compliance. (Ord. 1570 § 15, 2011: Ord. 1195
§ 1, 1991)
13.08.480 Appeals.
A. Any user, permit applicant, or permit holder affected by any decision, action or determination,
including cease and desist orders, made by the director, interpreting or implementing the
provisions of this chapter or in any 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.
B. 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. (Ord. 1195 § 1, 1991)
Ordinance No. 1598 (2014 Series)
Page 36
13.08.490 Use of provisions.
The actions and remedies available to the director in the sections set forth in this article may be
utilized separately or in combination by the director as it deems appropriate. (Ord. 1195 § 1,
1991)
13.08.500 Injunctive relief.
The director is authorized to seek injunctive relief to halt the noncompliance by any industrial
user with any pretreatment standard or requirement under this chapter, or permit issued
hereunder. (Ord. 1195 § 1, 1991)
13.08.510 Assessment of cost.
Any person who discharges or causes to be discharged any water or wastewater in violation of
this chapter and such discharge, either singly or by interaction with other discharges, results in
damage to or is otherwise detrimental to or adversely affects the POTW, storm drain system or
waters of the state shall be liable to the City for 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 collected from the responsible party. In addition, any monetary penalties
imposed against the City shall also be costs for which the violator is liable to the City. (Ord.
1195 §1,1991)
13.08.520 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 or knowingly renders
inaccurate any monitoring device or method required under this chapter shall be guilty of a
misdemeanor. (Ord. 1195 § 1, 1991)
13.08.530 Termination of service.
The director may revoke any wastewater discharge permit, or terminate or cause to be terminated
wastewater and /or water service to any premises if a violation of any provision of this chapter is
found to exist or if a discharge of wastewater causes or threatens to cause a condition of
contamination, pollution or nuisance as defined in this chapter. This provision is in addition to
other statutes, rules or regulations, authorizing termination of services for delinquency in
payment. (Ord. 1195 § 1, 1991)
Article XIII. Affirmative Defenses to Discharge Violations
13.08.540 Upset.
A. For the purposes of this Section, upset means an exceptional incident in which there is
unintentional and temporary noncompliance with categorical Pretreatment Standards because of
Ordinance No. 1598 (2014 Series)
Page 37
factors beyond the reasonable control of the User. An upset does not include noncompliance to
the extent caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless or improper operation.
B. An upset shall constitute an affirmative defense to an action brought for noncompliance with
categorical Pretreatment Standards if the requirements of paragraph (C), below, are met.
C. A User who wishes to establish the affirmative defense of upset shall demonstrate, through
properly signed, contemporaneous operating logs, or other relevant evidence that:
1. An upset occurred and the User can identify the cause(s) of the upset;
2. The facility was at the time being operated in a prudent and workman -like manner and in
compliance with applicable operation and maintenance procedures; and
3. The User has submitted the following information to the director within twenty -four (24)
hours of becoming aware of the upset [if this information is provided orally, a written submission
must be provided within five (5) days]:
a. A description of the indirect discharge and cause of noncompliance;
b. The period of noncompliance, including exact dates and times or, if not corrected, the
anticipated time the noncompliance is expected to continue; and
c. Steps being taken and /or planned to reduce, eliminate, and prevent recurrence of the
noncompliance.
D. In any enforcement proceeding, the User seeking to establish the occurrence of an upset shall
have the burden of proof.
E. Users shall have the opportunity for a judicial determination on any claim of upset only in an
enforcement action brought for noncompliance with categorical Pretreatment Standards.
F. Users shall control production of all discharges to the extent necessary to maintain
compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its
treatment facility until the facility is restored or an alternative method of treatment is provided.
This requirement applies in the situation where, among other things, the primary source of power
of the treatment facility is reduced, lost, or fails.
13.08.550 Prohibited discharge standards.
A User shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the general prohibitions in Section 13.08.040 (A) of this ordinance or the
specific prohibitions in Sections 13.08.040(B) through (J) of this ordinance if it can prove that it
did not know, or have reason to know, that its discharge, alone or in conjunction with discharges
from other sources, would cause Pass Through or Interference and that either:
Ordinance No. 1598 (2014 Series)
Page 38
A. A Local Limit exists for each pollutant discharged and the User was in compliance with each
limit directly prior to, and during, the Pass Through or Interference; or
B. No Local Limit exists, but the discharge did not change substantially in nature or constituents
from the User's prior discharge when the City was regularly in compliance with its NPDES
permit, and in the case of Interference, was in compliance with applicable sludge use or disposal
requirements.
13.08.560 Bypass.
A. For the purposes of this Section,
1. Bypass means the intentional diversion of wastestreams from any portion of a 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. A User may allow any bypass to occur which does not cause Pretreatment Standards or
Requirements to be violated, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provision of paragraphs (C) and (D) of this
Section.
C. Bypass Notifications
1. If a User knows in advance of the need for a bypass, it shall submit prior notice to the director,
at least ten (10) days before the date of the bypass, if possible.
2. A User shall submit oral notice to the director of an unanticipated bypass that exceeds
applicable Pretreatment Standards within twenty -four (24) hours from the time it becomes aware
of the bypass. A written submission shall also be provided within five (5) days of the time the
User becomes aware of the bypass. The written submission shall contain a description of the
bypass and its cause; the duration of the bypass, including exact dates and times, and, if the
bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the bypass. The director may waive
the written report on a case -by -case basis if the oral report has been received within twenty -four
(24) hours.
D. Bypass
1. Bypass is prohibited, and the director may take an enforcement action against a User for a
bypass, unless
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
Ordinance No. 1598 (2014 Series)
Page 39
b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or maintenance during normal periods of equipment.
downtime. This condition is not satisfied if adequate back -up equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred
during normal periods of equipment downtime or preventive maintenance; and
c. The User submitted notices as required under paragraph (C) of this section.
2. The director may approve an anticipated bypass, after considering its adverse effects, if the
director determines that it will meet the three conditions listed in paragraph (D)(1) of this
Section.
Article XIV. Miscellaneous Provisions
13.10.570 Severability.
If any section, subsection, sentence, clause or phrase in this chapter or Chapter 13.08 is for any
reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of these chapters. The city
council hereby declares that it would have passed the ordinance codified in this chapter and
Chapter 13.08, and each and every section, subsection, sentence, clause or phrase not declared
invalid or unconstitutional without regard to whether any portion of this chapter or Chapter 13.08
would be subsequently declared invalid or unconstitutional.
Article XV. Effective Date
This ordinance shall be in full force and effect immediately following its passage, approval, and
publication, as provided by law.
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.
SECTION 2. Ordinance Number 1598 (2014 Series) is hereby repealed and superseded
to the extent inconsistent herewith.
SECTION 3. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
Ordinance No. 1598 (2014 Series)
Page 40
INTRODUCED on the 18th day of March 2014, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 1st day of April 2014 on the following roll call
vote:
AYES: Council Members Ashbaugh, Carpenter and Smith, Vice Mayor
Christianson and Mayor Marx
NOES: None
ABSENT: None
Major a "Marx
1
ATTEST:
APPROVED AS TO RM:
linstine Dietrick
City Attorney