HomeMy WebLinkAbout10/18/2011, PH3 - UPDATE TO SEWER USE ORDINANCE AND INDUSTRIAL DISCHARGE LIMITS council o A]
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CITY OF SAN LUIS OBISPO
FROM: Carrie Mattingly, Utilities Director
Prepared By: Aaron Floyd, Environmental Programs Manager
SUBJECT: UPDATE TO SEWER USE ORDINANCE AND INDUSTRIAL
DISCHARGE LIMITS
RECOMMENDATION
Introduce, by title only, an Ordinance revising Chapter 13.08, Prohibited Discharges section of
the Sewer Use Ordinance of the Municipal Code.
DISCUSSION
Background
The Clean Water Act was enacted in 1972 as a way to reduce pollution in the nation's
waterways, much of which, at the time, was being discharged from industrial facilities.
Wastewater from industrial facilities has the potential to create human health and safety issues,
damage sewer system infrastructure, harm wastewater treatment processes, or make the by-
products of treatment, such as biosolids and recycled water, unusable.
To this end, the Clean Water Act required the federal government to create regulations for
specific industries known to discharge certain constituents. These constituents can be a chemical
substance, such as ammonia, metals such as copper, or other measurable parameters such as pH
or temperature. The federal government gave some states, such as California, authority to
oversee Clean Water Act regulations. Subsequently, the states required local jurisdictions to
create programs to ensure these federal regulations are met. The programs are called
pretreatment programs.
City of San Luis Obispo's Pretreatment Program
The City's pretreatment program is required by the Regional Water Quality Control Board
(RWQCB) through the National Pollutant Discharge Elimination System(NPDES) Permit issued
to the City for its wastewater system. The makeup of industry regulated by the program varies
across different areas of the country; therefore, local agencies are also tasked with creating site-
specific discharge limits which are focused on protecting that specific agency's sewer system.
These site-specific discharge limits are known as "local limitsP'
Through the pretreatment program, the City issues industrial discharge permits to over 300
facilities, ranging from restaurants to automotive shops, metal finishers to pharmaceutical
research companies. The authority to administer this program is promulgated through the City's
municipal code, specifically the sewer use ordinance.
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The City's pretreatment program is typically reviewed on an annual basis by the RWQCB and
the Environmental Protection Agency (EPA) to determine compliance with pretreatment
regulations and assess program effectiveness.
During a recent program review conducted by the RWQCB and EPA it was noted that the City
needed to update its local limits. These were last updated in 1990, and while still protective,
some constituent limits need to be revised, While others can be removed due to changes in
treatment processes and the nature of industrial discharges.
Analysis and Update of Local Limits
The City contracted with Larry Walker Associates to complete a study of constituents that may
enter the WRF treatment process. Constituents that were detected during laboratory testing of the
WRF influent and sewer collection system were calculated to determine the maximum amount of
these constituents that the WRF can safely accept. These maximum amounts are then divided
and allocated out as local limits to each of the permitted industrial dischargers.
When assigning limits to industrial dischargers, amounts can be allocated uniformly, giving
equal amounts of pollutant discharge credit to all dischargers, or in various amounts dependent
upon the type of contribution from an industrial discharger. The proposed local limits use both
the uniform and contributory approach to allocate discharge limits which provides the greatest
amount of flexibility for the industrial dischargers while safely maintaining an adequate level of
protection for the WRF.
Municipal Code Update
The proposed municipal code revision is the first part of a two-phase project to update the
ordinances that govern the use of the City's water and sewer infrastructure. The revision
currently before Council is required to comply with the findings of the recent EPA/RWQCB
pretreatment program review. It will ensure that the updated EPA-required local limits are
enforceable and the City ordinance is in compliance with the EPA's "Model Ordinance" related
to pretreatment programs.
The second phase of the Utilities Department municipal code update project will be a lengthier
process involving a broader revision of the municipal code sections governing sewer, water, and
recycled water. This revision will involve several City departments and will focus on updating
and clarifying the code in these areas. Staff will return to Council with these proposed revisions
in summer 2012.
The proposed changes will not.significantly affect how the pretreatment program is currently
administered and should prove to be beneficial or neutral to industrial dischargers. If approved,
new Industrial Discharge permits will be issued to all currently permitted facilities. The current
discharge permits are scheduled to expire on December 31, 2011.
Outreach
City staff has met with all businesses with industrial waste discharge permits that have the
potential to be impacted by the proposed ordinance. Notification of the proposed changes has
been mailed to all industrial dischargers. Staff has not received feedback regarding concerns
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related to the proposed changes to the sewer use ordinance. Industries were notified of the public
hearing on this Ordinance this evening.
CONCURRENCES
The proposed EPA-required ordinance revision has been reviewed and approved by the
RWQCB.
FISCAL IMPACT
Approval of this ordinance will not have any fiscal impact on the City. Based on initial
conversations with those facilities that have the potential to be impacted by the proposed
ordinance, there is expected to be little, if any, fiscal impact on those businesses. The City will
work together with industrial dischargers in order to ensure they comply with the new local
limits.
ALTERNATIVES
Do not introduce the updated Sewer Use Ordinance. The Council could decide to not introduce
the updated Sewer Use Ordinance and local limits at this time. Council should only take this
action if it feels there is flawed data related to the calculation of the proposed local limits or there
has been insufficient outreach to affected industries. Staff has diligently reviewed the data
provided by the consultant related to the local limits for accuracy and feels the outreach has been
producti ve.
Ultimately, updating the sewer use ordinance to incorporate the new local limits is required by
the RWQCB and EPA to enable the City to enforce the federally mandated pretreatment program
it administers. Not complying with the mandate would be in violation of the City's NPDES
permit and could result in fines and criminal penalties.
ATTACHMENTS
1. Draft ordinance
2. Legislative Draft of Municipal Code Changes
AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE
Local limit study available in Council Reading File
G:\CAR Reports\20I I Council Agenda Reports\SewerUseOrdinance.CAR.DOC
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GAttachment 1
ORDINANCE NO. (2011 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE SAN LUIS OBISPO MUNICIPAL CODE TO UPDATE THE SEWER
USE ORDINANCE AND INDUSTRIAL DISCHARGE LIMITS
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 October 4,
2011, for the purpose of considering changes proposed to update the Municipal Code.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That section 13.08.010 (Fee required prior to permit issuance for newly
annexed territory) of the San Luis Obispo Municipal Code is hereby amended to read as follows:
Before a permit shall be issued for a sewer connection in any area now outside the city 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. (Prior code § 7500)
SECTION 2. That section 13.08.090 (Use of existing sewer) of the San Luis Obispo
Municipal Code is hereby amended to read as follows:
A. Payment of Costs Prior to Sewer Connection Permit Issuance. Before a permit shall be issued
for a sewer connection in any areas within the city, which property shall use any existing 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
determine the appropriate sewer charges. Installation of the water meter shall be in accordance
with the standards established by the city engineer. (Ord. 1428 § 3, 2002; Ord. 1307 § 1, 1996;
prior code § 7500.8)
SECTION 3. That section 13.08.110 (Purpose and Policy) of the San Luis Obispo
Municipal Code is hereby amended to read as follows:
13.08.110 Purpose and Policy.
A. This ordinance sets forth uniform requirements for Users of the Publicly Owned Treatment
Works (POTW) for the City of San Luis Obispo. These uniform requirements enable the city to
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comply with all applicable State and Federal laws, including the Clean Water Act(33 United
States Code [U.S.C.] section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of
the Code of Federal Regulations [CFR] Part 403).
B. The objectives of these provisions are:
1. To prevent the introduction of pollutants into the POTW which will interfere with 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;
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.
C. These provisions provide for the regulation of direct and indirect contributors to the POTW
through the issuance of permits to industrial users,pretreatment and reporting requirements for
permittees, monitoring and enforcement of noncompliance. (Ord. 1195 § 1, 199 1)
D. 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.
SECTION 4. That section 13.08.120 (Definitions) of the San Luis Obispo Municipal
Code is hereby amended to read as follows:
The following words shall have the following meanings:
A. "Authorized representative"means any of the following:
1. A principal executive officer of at least the level of vice-president or any other person who
performs similar policy or decision-making functions, if the industrial user submitting the reports
is a corporation;
2. A general partner or proprietor if the industrial user submitting the reports is a partnership or
sole proprietorship respectively;
3. If the User is a Federal, State, or local government facility: a director or highest official
appointed or designated to oversee the operation and performance of the activities of the
government facility, or their designee.
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4. The individuals described in (A)(1)through (A)(3), above, may designate a Duly Authorized
Representative if the authorization is in writing, the.authorization specifies the individual or
position responsible for the overall operation of the facility from which the discharge originates
or having overall responsibility for environmental matters for the company, and the written
authorization is submitted to the City or as provided for by federal and state law.
B. "Biochemical oxygen demand (BOD)"means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at
20 degrees centigrade and expressed in milligrams per liter(mg/L).
C. `Best Management Practices" (or BMPs means schedules of activities,prohibitions of
practices, maintenance procedures, and other management practices to implement the
prohibitions listed in Article II 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.
D. "Categorical Industrial User" means an Industrial User subject to a Categorical Pretreatment
Standard or Categorical Standard.
E. "Categorical Pretreatment Standard or Categorical Standard" means any regulation containing
pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the
Act (33 U.S.C. section 1317) that apply to a specific category of Users and that appear in 40
CFR Chapter I, Subchapter N, Part 405-471.
F. "City" means the city of San Luis Obispo.
G. "Class I industrial user"means any industrial user, not defined as a significant industrial 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 13.08.140 of this chapter.
14. "Class II industrial user" means any industrial user, not defined as a significant 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.
I. "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.
JK. "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.
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L. "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.
M. "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(15) minutes.
N. "Grease" means all fat, grease, oil, wax or other trichlorotrifluoroethane soluble matter of
animal, vegetable,petroleum or mineral origin.
O. "Industrial user" or"User"means a person who discharges nondomestic wastewater into the
city sewer system.
P. "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.
Q. "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.
R. "Interference" means an inhibition or disruption of the POTW, its treatment processes or
operations, or its sludge processes, use or disposal which is a cause of or significantly contributes
to either a violation of any requirement of the POTW's NPDES permit (including an increase in
the magnitude or duration of a violation) or to the prevention of sewage sludge use or disposal by
the POTW in accordance with the following statutory provisions and regulations or permits
issued thereunder(or more stringent state or local regulations): Section 405 of the Clean Water
Act, the Solid Waste Disposal Act (SWDA) (including Title II more commonly referred to as the
Resource Conservation and Recovery Act(RCRA) and including state regulations contained in
any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air
Act, and the Toxic Substances Control Act.
S. "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.
T. "Natural outlet" means any outlet into a watercourse, pond, lake or other body of surface
water or ground water.
U. "New source"means any building, structure, facility or installation from which there is 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:
1. The building, structure, facility or installation is constructed at a site at which no other source
is located; or
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2. The building, structure, facility or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source; or
3. The production of wastewater generating processes of the building, structure, facility or
installation are substantially independent of an existing source at the same site.
V. "Pass-through"means the discharge of pollutants to the POTW in quantities or concentrations
which are a cause of or significantly contribute to a violation of any requirement of the POTW's
NPDES permit (including an increase in the magnitude or duration of a violation).
W. "Person"means any individual, firm, company, association, society, corporation, group,
governmental agency or educational institution.
X. "pH" means a measure of the acidity or alkalinity of a solution, expressed in standard units.
Y. "Pollutant"means dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal,
agricultural and industrial wastes, or certain characteristics of wastewater(e.g.,pH, temperature,
TSS, turbidity, color, BOD, COD, toxicity, or odor).
Z. "Pretreatment"means the reduction of the amount of pollutants, the elimination of pollutants,
or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of,
introducing such pollutants into the POTW. This reduction or alteration can be obtained 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.
AA. "Pretreatment Requirements" means any substantive or procedural requirement related to
pretreatment imposed on a User, other than a Pretreatment Standard.
BB. "Pretreatment Standards" or"Standards" shall mean prohibited discharge standards,
categorical Pretreatment Standards, and Local Limits.
CC. "Prohibited Discharge Standards or Prohibited Discharges"means absolute prohibitions
against the discharge of certain substances; these prohibitions appear in Section 13.08.140 of this
ordinance.
DD. "Publicly owned treatment works (POTW)"means city-owned sewer system, including
sewer pipes within the city that convey wastewater to the treatment plant, the treatment plant,
sewer pipes that convey wastewater to the treatment plant from persons outside the city who
contract with the city to use the sewer system, and related facilities.
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EE. "Septic Tank Waste" means any sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, or septic tanks.
FF. "Sewage"means human excrement and gray water(household showers, dishwashing
operations, etc.).
GG. "Significant industrial user(SN)''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
treatment plant.
HH. "Significant noncompliance"means any one of the following:
1. Chronic violations of wastewater discharge limits, as defined here as those in which sixty-six
percent or more of all of the measurements taken during a six-month period exceed (by any
magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
2. Technical review criteria(TRC) violations, defined here as those in which thirty-three percent
or more of all of the measurements for each pollutant parameter taken during a six-month period
equal or exceed the product of the daily maximum limit or average limit 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;
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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;
8. Any other violation or group of violations which the city determines will adversely affect the
operation or implementation of the local pretreatment program.
II. "Slug Load or Slug Discharge"means any discharge at a flow rate or concentration, which
could cause a violation of the prohibited discharge standards in Section 13.08.140 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.
Ji. "Stormdrain"means a sewer which is designed to carry storm and surface waters and
drainage rather than sewage or industrial wastes.
KK. "Storm Water"means any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
LL. "Total Suspended Solids" or"Suspended Solids means the total suspended matter that
floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is
removable by laboratory filtering.
MM. "Toxic or poisonous" means any solid, liquid or gas in such quantity that, alone or in
combination with other waste substances, may create a hazard for humans, animals or the local
environment, interfere with sewage treatment processes, cause a public nuisance, or cause any
hazardous condition to occur in the sewerage system.
NN. "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.
00. "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.
SECTION 5. That section 13.08.130 (Stormwater and unpolluted drainage) of the San
Luis Obispo Municipal Code is hereby amended to read as follows:
A. No person shall discharge or cause to be discharged rain, stormwater, surface water, ground
water, seepage, roof runoff, street or yard drainage, subsurface drainage,ponds or lawn sprays or
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uncontaminated water or water added for the purpose of diluting wastes which exceed maximum
concentration limitations, as stated in Section 13.08.140, to the Publicly Owned Treatment
Woks.
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.
C. The Director may develop Best Management Practices (BMPs), in individual wastewater
discharge permits, to implement Local Limits and the requirements of Section 13.08.140.
SECTION 6. That section 13.08.140 (Prohibited discharges) of the San Luis Obispo.
Municipal Code is hereby amended to read as follows:
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. It
shall be unlawful for an industrial user to discharge pollutants into the POTW:
1. Without a permit.
2. When with a properly issued wastewater discharge permit, such pollutants are not covered by
that permit.
3. Where such pollutants would cause the POTW to violate its NPDES permit.
C. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the
following described waters or wastes to any sewers:
1. Any liquid or vapor having a temperature higher than one hundred fifty(150) degrees
Fahrenheit (66 degrees Celsius), or which will inhibit biological activity in the treatment plant,
resulting in Interference, but in no case higher than one hundred four(104) degrees Fahrenheit
(40 degrees Celsius) at introduction into the wastewater treatment plant.
2. Any waters or wastes containing oil and grease such that the discharge results in a stoppage,
plugging, breakage, significant obstruction to flow or any other damage to or increased
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.
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4. Any waters or wastes be discharged to the sewer that has.a closed cup flashpoint of less than
one hundred forty(140) degrees Fahrenheit (60 degrees Celsius), using the test 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 nine, 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 will, 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
shall be subject to the review and approval of the director.
10. Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause Interference or Pass Through.
11. Any trucked or hauled pollutants, except at discharge points designated by 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.
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.
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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:
CONSTITUENT UNIFORM CONTRIBUTORY CONTRIBUTORY
LIMIT(mg/L) LIMIT A(mg/L) LIMIT B(mg/L)
Ammonia 32 50
Biochemical Oxygen Demand 226 400 250
(BOD)
Chloride 1523
Sodium 1200
Total Dissolved Solids(TDS) 2215
Total Suspended Solids(TSS) 2346
Copper 0.14 0.20
Zinc 0.17 1.00 0.50
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.
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.
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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 shall:
1. Advise the user of the impact of the contribution on the POTW;
2. Develop effluent limitations for the user to correct;
3. Place limits on rate and time of discharge or requirements for flow regulations and
equalization;
4. Require pretreatment of discharge prior to discharge to POTW; or
5. Take any other action necessary to eliminate the interference. (Ord. 1195 § 1, 1991)
SECTION 7. That section 13.08.150 (Federal categorical pretreatment standards—
Applicability) of the San Luis Obispo Municipal Code is hereby amended to read as follows:
Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I,
Subchapter N, Parts 405-471.
SECTION 8. That section 13.08.170 (Pretreatment facilities) of the San Luis Obispo
Municipal Code is hereby amended to read as follows:
Users shall provide wastewater treatment as necessary to comply with this ordinance and shall
achieve compliance with all categorical Pretreatment Standards, Local Limits, and the
prohibitions set out in Section 13.08.140 of this ordinance within the time limitations specified
by EPA, the State, or the Director, whichever is more stringent. Any facilities necessary for
compliance shall be provided, operated, and maintained at the User's expense. Detailed plans
describing such facilities and operating procedures shall be submitted to the 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 ordinance. All Pretreatment facilities must comply with all other applicable
laws.
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SECTION 9. That section 13.08.190 (Measurements and tests) of the San Luis Obispo
Municipal Code is hereby amended to read as follows:
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 of compliance with federal categorical standards and/or local discharge limits..
This may require the installation of a control manhole as described above. All testing shall be
performed by an approved laboratory and conducted at the expense of the discharger. (Ord. 1195
§ 1, 1991)
SECTION 10. That section 13.08.210 (Powers and authority of inspectors) of the San
Luis Obispo Municipal Code is hereby amended to read as follows:
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
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 born by the User. Unreasonable delays in allowing access to the User's
premises shall be a violation of this ordinance.
C. Cost of Inspection. Each discharger shall pay a reasonable inspection fee sufficient to cover
the costs of the inspection. Such costs may be incorporated in the industrial user wastewater
discharge permit fee.
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Attachment 1
D. Liability for Injury. While performing the necessary work on private properties referred to in
subsection A of this section, authorized employees, and the city shall indemnify the company
against loss or damage to its property by such employees and against liability claims and
demands for personal injury or property damage asserted against the company and growing out
of the gauging and sampling operation, except as such may be caused by negligence or failure of
the company to maintain safe conditions as required by this chapter.
E. Rights of City Entry. The Director, the health officer, and other duly authorized employees of
the city or health department 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. 1195 § 1, 199 1)
SECTION 11. That subsection A of section 13.08.220 (Permit—Required—Term—
Transfer—Revocation—Completion of an industrial user's survey required) of the San Luis
Obispo Municipal Code is hereby amended to read as follows:
All dischargers of nondomestic wastewater to the city sewer system shall complete an industrial
user's survey and shall obtain a wastewater discharge permit from the Director. It is unlawful to
discharge nondomestic wastewater without a permit, or to fail.to complete an industrial user's
survey.
A. Permit Conditions. Wastewater discharge permits shall be expressly subject to all 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. The unit charge or schedule of user charges and fees for wastewater to be discharged to a
community sewer.
2. The average and maximum wastewater constituents and characteristics.
3. Limits on rate and time of discharge or requirements for flow regulations and equalization.
4. Requirements for installation of inspection and sampling facilities.
5. Pretreatment requirements.
6. Specifications for monitoring programs which may include sampling locations, frequency and
method of sampling, number, types and standards for tests and reporting schedule.
7. Requirements for submission of technical reports or discharge reports.
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8. Mean and maximum mass emission rates, or other appropriate limits when incompatible
pollutants (as defined by city ordinance) are proposed or present in the user's wastewater
discharge.
9. Requirements for submission to inspections.
10. Other conditions as deemed appropriate by the Director to ensure compliance with this
chapter.
SECTION 12. That subsection A of section 13.08.240 (Confidentiality—Public
disclosure) of the San Luis Obispo Municipal Code is hereby amended to read as follows:
Process and product information collected during inspection of premises may be kept
confidential at the request of the business owner or his or her representative, insofar as such
confidentiality is allowed pursuant to applicable law. All records compiled pursuant.to the
pretreatment program shall be accessible at time of inspection. Information and data on a User
obtained from reports, surveys,wastewater discharge permit applications, individual wastewater
discharge permits, and monitoring programs, and from the Director's inspection and sampling
activities, shall be available to the public without restriction, unless the User specifically
requests, and is able to demonstrate to the satisfaction of the Director, that the release of such
information would divulge information, processes, or methods of production entitled to
protection as trade secrets under applicable State law. Any such request must be asserted at the
time of submission of the information or data. When requested and demonstrated by the User
furnishing a report that such information should be held confidential, the portions of a report
which might disclose trade secrets or secret processes shall not be made available for inspection
by the public, but shall be made available immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program, and in enforcement proceedings
involving the person furnishing the report. Wastewater constituents and characteristics and other
effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and
shall be available to the public without restriction.
SECTION 13. That section 13.08.25.0 (Determination—User Classification) of the San
Luis Obispo Municipal Code is hereby amended to read as follows:
A schedule of charges and fees shall be adopted by the city by resolution and may be 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.
1. 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
PH3-17
Attachment
fees which will ensure an equitable recovery of the city's cost for operation of the pretreatment
program.
2. 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:
a. User classification charges.
b. Fees for monitoring and inspections.
c. Charges and fees based on wastewater constituents and characteristics to include industrial
cost recovery provisions of the Federal Act(i.e., PL 92-500).
d. In case a residence or place of business becomes vacant, the minimum sewer charge shall be
collected until the city is requested to shut off the water.
e. All charges for such sewage service shall be paid at the same time as water charges 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.
f. 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
13.04.180.
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.
SECTION 14. That section 13.08.320 (Issuance of cease and desist orders) of the San
Luis Obispo Municipal Code is hereby amended to read as follows:
When the director finds that a violation of this chapter has occurred, or appears imminent, 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:
A. Comply forthwith; or
B. Comply in accordance with a time schedule set forth by the director; or
C. Take appropriate remedial or preventive action in the event.of a threatened violation. (Ord.
1195 § 1, 1991)
SECTION 15. That section 13.08.330 (Submission of time schedule) of the San Luis
Obispo Municipal Code is hereby amended to read as follows:
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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. 1195 § 1, 1991)
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Attachment 1
INTRODUCED on the 4th day of October 2011, AND FINALLY ADOPTED by the Council
of the City of San Luis Obispo on the day of October 2011, on the following roll call
vote:
AYES:
NOES:
ABSENT:
Mayor Jan Howell Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED S TO FORM:
J. Christine bietrick, City Attorney
PH3-20
Attachment 2
Chapter 13.08
SEWERS'
Sections:
Article I. Sewer Connection
13.08.010 Fee required prior to permit issuance for newly annexed territory.
13.08.020 Computation of fee.
13.08.030 Exemption of outstanding bonds from fee determination.
13.08.040 Main extensions to customers other than subdivisions—Terms and
conditions.
13.08.090 Use of existing sewer.
13.08.100 Design standards—Conformance with required.
Article II. Discharges
13.08.110 Purpose and Policy.
13.08.120 Definitions.
13.08.130 Stormwater and unpolluted drainage.
13.08.140 Prohibited discharges.
13.08.150 Federal categorical pretreatment standards—Applicability.
13.08.160 Grease, oil, and sand interceptors.
13.08.170 Pretreatment facilities.
13.08.180 Control manhole.
13.08.190 Measurements and tests.
13.08.200 Drainage below curb and below main sewer level.
13.08.210 Powers and authority of inspectors.
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Attachment 2
13.08.220 Permit—Required—Term—Transfer—Revocation—Completion of an
industrial user's survey required.
13.08.230 Reporting requirements for permittees.
13.08.240 Confidentiality—Public disclosure.
Article III. Charges and Fees
13.08.250 Determination—User classification.
13.08.260 Use of revenues.
Article IV. Rules and Regulations Governing the Disposal of Septic Tank Cleanings
13.08.270 Unlawful to dump on land.
13.08.280 Unlawful to dump into city collection system except as provided in this
chapter.
13.08.290 Dumping regulations.
l 3.08.300 Dumping permit and fees.
Article V. Enforcement
13.08.310 Unlawful discharges.
13.08.320 Issuance of cease and desist orders.
13.08.330 Submission of time schedule.
13.08.340 Appeals.
Article VI. Abatement and Penalties
13.08.350 Use of provisions.
13.08.360 Declaration of public nuisance.
13.08.370 Injunctive relief.
13.08.380 Assessment of cost.
13.08.390 Civil penalties.
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13.08.400 Criminal penalties.
13.08.410 Falsifying information.
13.08.420 Termination of service.
Article I. Sewer Connection
13.08.010 Fee required prior to permit issuance for newly 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 eemp ted by the eity engineer-as-tbe
property's share of the cost of the existing sewerage facilities of the city to be used by the
property. (Prior code § 7500)
13.08.020 Computation of fee.
The sum shall be the equivalent of the cost to similar properties then within the city
which have paid for the facilities so to be used. (Prior code § 7500.1)
13.08.030 Exemption of outstanding bonds from fee determination.
The sum shall not include any amounts from which bonds of the city are then outstanding
and to which the property shall become subject upon annexation. (Prior code § 7500.2)
13.08.040 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 16.44.090 of this code. (Ord. 1133 § 4, 1989)
13.08.090 Use of existing sewer.
A. Payment of Costs Prior to Sewer Connection Permit Issuance. Before a permit shall be
issued fora 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
PH3-23
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Attachment 2
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 determine the appropriate sewer charges. Installation of the water meter shall
be in accordance with the standards established by the city engineer.
eeminer-eial istenee on the first reading of the or-dinanee sha14 have
997 W , ..i.,viiah-a,e oS«.,wi:-Shoa -st—And. -d-S. (Ord. 1428 § 3, 2002; Ord.
1307 § 1, 1996; prior code § 7500.8)
13.08.100 Design standards—Conformance with required.
All sewers whether built on public streets or in public easements shall be designed by a
registered engineer and shall conform to the Uniform Design Standards adopted by the
city. (Prior code § 7500.9)
Article II. Discharges
13.08.110 Purpose and Policyseefe.
A. This ordinances sets- forth uniform€erth requirements for Users steams
and _e platiens geveming disc, a fges iategf the Ppublicly Oewned Ttreatment W-works
(POTW) for the City eof San Luis Obisnoity. These uniform
requirements enable the city to comply with all applicable Sstate and F€ederal laws
including required by the Clean Water Act(33 United States Code [U.S.C.] section 1251
et se -419,P and the General Pretreatment RegulationsTitle 40 of the Code of
Federal Regulations[CFRy Part 403).
B. 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;
PH3-24
CAttachment 2
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 publi
ehemiealSy
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.
C. These provisions provide for the regulation of direct and indirect contributors to the
POTW through the issuance of permits to industrial users, pretreatment and reporting
requirements for permittees,monitoring and enforcement of noncompliance. (Ord. 1195
§ 1, 1991)
D. 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.
13.08.120 Definitions.
The following words shall have the following meanings:
A. "Authorized representative"means any of the following:
1 A principal executive officer of at least the level of vice-president or any other person
who performs similar policy or decision-making functions, if the industrial user
submitting the reports is a corporation;
2. A general partner or proprietor if the industrial user submitting the reports is a
partnership or sole proprietorship respectively;
3. If the User is a Federal, State, or local government facility: a director or highest
official appointed or designated to oversee the operation and performance of the activities
of the government facility, or their designee.
43. The individuals described in(A)(1) through (A)(3), above, may designate a ADduly
Aauthorized Rfepresentative if the authorization is in writing, the authorization
specifiese€the individual
reffes e-or positionis responsible for the overall operation of the facility from
which the discharge originates or having overall responsibility for environmental matters
for the company, and the written authorization is submitted to the City or as provided for
by federal and state law.
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Attachment 2
B. "Biochemical oxygen demand (BOD)"means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for five (5)
days at 20 degrees centigrade and expressed in milligrams per liter(mg/g).
C. "Best Management Practices" (or BMPs means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to implement the
Prohibitions listed in Article II 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.
D. "Categorical Industrial User" means an Industrial User subject to a Categorical
Pretreatment Standard or Categorical Standard.
EE. "Categorical Ppretreatment Sstandard or Categorical Standard"means any regulation
containing pollutant discharge limits promulgated by EPA in accordance with sections
307(b) and(c) of the Act(33 U.S.C. section 1317) that apply to a specific category of
Users and that appear in 40 CFR Chapter I, Subchapter N, Part 405-471the natim;al
F. "City" means the city of San Luis Obispo.
GD. "Class I industrial user"means any industrial user, not defined as a significant
industrial user-, diattiser 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 13.08.140 of
this chapter.
H£. "Class II industrial user"means any industrial user, not defined as a significant
industrial user, that may discharge conventional pollutants to the POTW which 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.
IE. "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.
J „meems the raity of San Luis Obispo-.
K14. "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 8799-55 Morro Street, San Luis Obispo, or as otherwise
directed.
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/ C Attachment.2
LI:. "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.
M. "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(15)minutes.
N3. "Grease"means all fat, grease, oil, wax or other trichlorotrifluoroethane soluble
matter of animal, vegetable, petroleum or mineral origin.
OK. "Industrial user"or"User"means a person who discharges nondomestic wastewater
into the city sewer system.
PL. "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.
QM. "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.
Rei. "Interference"means an inhibition or disruption of the POTW, its treatment
processes or operations,or its sludge processes, use or disposal which is a cause of or
significantly contributes to either a violation of any requirement of the POTW's NPDES
permit(including an increase in the magnitude or duration of a violation) or to the
prevention of sewage sludge use or disposal by the POTW in accordance with the
following statutory provisions and regulations or permits issued thereunder(or more
stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste
Disposal Act(SWDA) (including Title II more commonly referred to as the Resource
Conservation and Recovery Act(RCRA) and including state regulations contained in any
state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean
Air Act, and the Toxic Substances Control Act.
S. "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.
TO. "Natural outlet"means any outlet into a watercourse, pond, lake or other body of
surface water or ground water.
Ulf: "New source"means 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:
PH3-27
Attachment 2
1. The building, structure, facility or installation is constructed at a site at which no other
source is located; or
2. The building, structure, facility or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source;or
3. The production of wastewater generating processes of the building, structure, facility
or installation are substantially independent of an existing source at the same site.
V. "Pass-through"means the discharge of pollutants to the POTW in quantities or
concentrations which are a cause of or significantly contribute to a violation of any
requirement of the POTW's NPDES permit(including an increase in the magnitude or
duration of a violation).
W. "Person"means any individual, firm, company, association, society, corporation,
group, governmental agency or educational institution.
X. "pH"means a measure of the acidity or alkalinity of a solution, expressed in standard.
units.
Y. "Pollutant"means dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar
dirt, municipal, agricultural and industrial wastes, or certain characteristics of wastewater
(e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
Z. "Pretreatment"means the reduction of the amount of pollutants, the elimination of
Pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or
in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be
obtained 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.
AA. "Pretreatment Requirements"means any substantive or procedural requirement
related to pretreatment imposed on a User, other than a Pretreatment Standard.
BB. "Pretreatment Standards"or"Standards" shall mean prohibited discharge standards,
categorical Pretreatment Standards, and Local Limits.
CC. "Prohibited Discharge Standards or Prohibited Discharges"means absolute
prohibitions against the discharge of certain substances; these prohibitions appear in
Section 13.08.140 of this ordinance.
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Attachment 2
DDS. "Publicly owned treatment works (POTW)"means city-owned sewer system,
including sewer pipes within the city that convey wastewater to the treatment plant,the
treatment plant, sewer pipes that convey wastewater to the treatment plant from persons
outside the city who contract with the city to use the sewer system, and related facilities.
EE. "Septic Tank Waste"means any sewage from holding tanks such as vessels,
chemical toilets, campers, trailers, or septic tanks.
FF. "Sewage"means human excrement and gray water(household showers, dishwashing
operations, etc.).
GG-T. "Significant industrial user(SN)"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 jedgexeatjudgment; or
4. Has a reasonable potential, in the opinion of the director, to adversely affect the POTW
treatment plant.
HHi3. "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)the daily maximum limit or the average limit for the same
pollutant parameter;
2. Technical review criteria(TRC) violations, defined here as those in which thirty-three
percent or more of all of the measurements for each pollutant parameter taken during a
six-month period equal or exceed the product of the daily maximum limit or average limit
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);
PH3-29
Attachment 2
4. Any discharge of a pollutant that has caused imminent endangerment to human health,
welfare or to the environment or has resulted in the POTW's exercise of its 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;
S. Any other violation or group of violations which the city determines will adversely
affect the operation or implementation of the local pretreatment program.
II. "Slug Load or Slug Discharge"means any discharge at a flow rate or concentration,
which could cause a violation of the prohibited discharge standards in Section 13.08.140
of this ordinance. A Slue 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.
JJ. "Stormdrain"means a sewer which is designed to carry storm and surface waters and
drainage rather than sewage or industrial wastes.
KK. "Storm Water"means any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
LL. "Total Suspended Solids"or"Suspended Solids"means the total suspended matter
that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and
that is removable by laboratory filtering.
MM. "Toxic or poisonous" means any solid, liquid or gas in such quantity that, alone or
in combination with other waste substances,may create a hazard for humans, animals or
the local environment, interfere with sewage treatment processes, cause a public
nuisance, or cause any hazardous condition to occur in the sewerage system.
NN. "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.
PH3-30
Attachment 2
00. "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.
V. "Ste... d-aia"Faeans sewer- ,.hiek is designed eaffy stefm and s ,-f ee waters and
drainage rather-than sewage er industrial wastes.
W. "Teer- s"means any olid liquid a gas in el, quantity that .,leve e
eause any hazardous eendifien to eeeuF in the sewer-age system.
X. "Wastewater-tfeatment plant ,
13.08.130 Stormwater and unpolluted drainage.
A. No person shall discharge or cause to be discharged rain, stormwater, surface water,
ground water, seepage, roof runoff, street or yard drainage, subsurface drainage, ponds or
lawn sprays or uncontaminated water or water added for the purpose of diluting wastes
which exceed maximum concentration limitations, as stated in Section 13.08.140, to the
Publicly Owned Treatment Woks. any st"-mw te- s„ fa"e w teT gmundwatef, --ac
ether-than to these sewer-s designated as stefmdFaifis er-to a fiatwal eutlet appf;eved b5
the dir-ester, Appropriate ., Fmits fFefn all a ff-eeted publie ageneies y be required by the
eity and shall be obtained by the applieant.
B. No per-son shall thiel,fge e sause to be. israhar-ged ,. sewage, garbage, ..,,bbisl,
nihhle er ett,er„ase pell„tea , .etef:tee ste-..,a.*ein a . ab-ir-1 outlet mfa 1195 .c l
199!)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.
C. The Director may develop Best Management Practices (BMPs),in individual
wastewater discharge permits, to implement Local Limits and the requirements of Section
13.08.140.
13.08.140 Prohibited discharges.
PH3-31
Attachment 2
A. General Prohibitions. No User shall introduce or cause to be introduced into the
POTW any pollutant or wastewater which causes Pass Throup-h 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.
BA. It shall be unlawful for an industrial user to discharge pollutants into the POTW:
1. Without a permit.
2. When with a properly issued wastewater discharge permit, such pollutants are not
covered by that permit.
3. Where such pollutants would cause the POTW to violate its NPDES permit.
CB. Except as hereinafter provided, no person shall discharge or cause to be discharged
any of the following described waters or wastes to any sewers:
L.Any liquid or vapor having a temperature higher than one hundred fifty(150) degrees
Fahrenheit(66 degrees Celsius), or which will inhibit biological activity in the treatment
plant, resulting in Interference, but into the - in no case higher than one hundred
four(104) degrees Fahrenheit(40 degrees Celsius) at introduction into the wastewater
treatment plant.
2. Any waters or wastes containing oil and grease such that the discharge results in a
stoppage, plugging,breakage, significant obstruction to flow or any other damage to or
increased 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_A y waters or wastes be discharged to the sewer that has a closed cup
flashpoint of less than one hundred forty 040) degrees Fahrenheit6�.OeF-simy 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.
54. Any solid or viscous substance, including but not limited to unground garbage,
feathers, ashes, cinders, sand, polishing compounds,resin beads,metal, glass, straw,rags,
spent grains or hops,wood, plastic, mud, shavings or manure which may cause
obstruction to the flow in sewers or other interference with the proper operation of the
POTW.
PH3-32
Attachment 2
CrS. Any waters or wastes having pH lower than 5_Osi*or higher than nine, or having any
other corrosive property capable of causing damage or hazard to structures, equipment or
personnel of the POTW.
76. Any water added to a wastewater discharge for the sole purpose of dilution as a
means to achieve compliance with any pretreatment standard or local discharge limit.
8-7. Any waters or wastes including oxygen demanding pollutants(BOD, etc.) at a flow
rate and/or concentration which will, either singly or by interaction with other pollutants,
will cause Iinterference or bass-Tthrough.
2,9. Any average daily flow greater than two percent of the WWTP average daily sewage
flow shall be subject to the review and approval of the director.
10. Any petroleum oil, non-biodegradable cuttingoil,1, 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.
129. 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).
134-. 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.
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:
PH3-33
Attachment 2
CONSTITUENT UNIFORM CONTRIBUTORY CONTRIBUTORY
LIMIT(mg/L) LIMIT A(mg/L) LIMIT B(mg/L)
Ammonia 32 50
Biochemical Oxygen Demand 226 400 250
(BOD)
Chloride 1523
Sodium 1200
Total Dissolved Solids(TDS) 2215
Total Suspended Solids(TSS) 2346
Copper 0.14 0.20
Zinc 0.17 1.00 0.50
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.
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.
F6. Limitations on wastewater strength in this chapter may be supplemented with more
stringent limitations if.
PH3-34
n fir-.
Attachment 2
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.
G13. 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 shall:
1. Advise the user of the impact of the contribution on the POTW;
2. Develop effluent limitations for the user to correct;
3. Place limits on rate and time of discharge or requirements for flow regulations and
equalization;
4. Require pretreatment of discharge prior to discharge to POTW; or
5. Take any other action necessary to eliminate the interference. (Ord. 1195 § 1, 1991)
13.08.150 Federal categorical pretreatment standards—Applicability.
Users must comply with the categorical Pretreatment Standards found.at 40 CFR Chapter
1, Subchapter N, Parts 405-471.
Upon the pr-ofnialgation of the federal eategerieal pr-etfeatmeat standards for- a pat:6eul—ar
.,dustA l ..,,bea4eger.. the f,leff..l steM—ar-.l shall apply in a nstanee where :t..
lifflita4iGHS are fH8f:e Stfifigg;# tl;An the-se in this ehaptef:. (Ord. 1195 § 1, PA4-)
13.08.160 Grease, oil, and sand interceptors.
Grease, oil and sand interceptors shall be provided 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. 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:Failure to properly maintain interceptors
in continuously efficient operation may be considered sufficient cause for disconnection
PH3-35
o
Attachment 2
of premises from the POTW or punitive actions as provided for in this chapter. (Ord.
1195 § 1, 1991)
13.08.170 Pretreatment facilities.
Users shall provide wastewater treatment as necessary to comply with this ordinance and
shall achieve compliance with all categorical Pretreatment Standards, Local Limits, and
the prohibitions set out in Section 13.08.140 of this ordinance within the time limitations
specified by EPA, the State, or the Director, whichever is more stringent. Any facilities
necessary for compliance shall be provided, operated, and maintained at the User's
expense. Detailed plans describing such facilities and operating procedures shall be
submitted to the 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 ordinance. All
Pretreatment facilities must comply with all other applicable laws.
Whene ..etentme..t of d: nhn ed by the_dir-eeter e �the .f :1:
tie shall he4ded7 operated
e C�ated nd m ntn ed -at the„ ?C eiEpease detailed plans
shewing the F :l:t:e and the nt:n eedufes shall hesubmiRed to the e:t y f
Sue h ..ln.n , then eptable t,, the e:t y hef..e , nstFust:en is begun n)
appr-eved , f I I the ..:t. to ..le ntnt:e of the, ,.ened ehangen Operational
d:r-eeter (Ord 1195 § 1 199
13.08.180 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)
13.08.190 Measurements and tests.
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
Ddirector, the industrial user shall provide safe and secure access to the proper sampling
point for the determination of compliance with federal categorical standards and/or local
discharge limits. This may require the installation of a control manhole as described
PH3-36
Attachment 2
above. All testing shall be performed by an approved laboratory and conducted at the
expense of the discharger. (Ord. 1195 § 1, 1991)
13.08.200 Drainage below curb and below main sewer level.
A. Drainage Piping Serving fixtures. Drainage piping serving fixtures, the flood 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 Connection Sewers. All house connection sewers, industrial
sewers, private sewage disposal systems and appurtenances thereto,now existing or
hereafter conducted, shall be maintained by the owner of the property in a safe and
sanitary condition; and all devices or safeguards which are required by the section for the
operation thereof shall be maintained in a good working order.-. If a property owner fails
to maintain the wastewater disposal 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 improper conditions. The water service shall not
be reinstated until the maintenance or installation of appropriate wastewater disposal
facilities has been approved by the director. (Ord. 1195 § 1, 199 1)
PH3-37
O O
Attachment 2
13.08.210 Powers and authority of inspectors.
A. Inspection of Premises. The Ddirector,the health , r 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 Ddirector,health officer, or other duly authorized employee or representative
of the city or the health department has reasonable cause to believe that 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 ripht 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 born by the
User. Unreasonable delays in allowing access to the User's premises shall be a violation
of this ordinance.
eenfidential a4 the Fequest of the business ewner-er-his or-her-r-epr-esefltative, insofar-as
C9. 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.
DE. Liability for Injury. While performing the necessary work on private properties
referred to in subsection A of this section, authorized employees, and the city shall
indemnify the company against loss or damage to its property by such employees and
against liability claims and demands for personal injury or property damage asserted
against the company and growing out of the gauging and sampling operation, except as
such may be caused by negligence or failure of the company to maintain safe conditions
as required by this chapter.
PH3-38
& Attachment 2
EI3. Rights of City Entry. The Ddirector, the health officer, and other duly authorized
employees of the city or health department 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. 1195
§ 1, 1991)
13.08.220 Permit—Required—Term—Transfer—Revocation—
Completion of an industrial user's survey required.
All dischargers of nondomestic wastewater to the city sewer system shall complete an
industrial user's survey and shall obtain a wastewater discharge permit from the
Ddirector. It is unlawful to discharge nondomestic wastewater without a permit, or to fail
to complete an industrial user's survey.
A. Permit Conditions. Wastewater discharge permits shall be expressly subject to all
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 Ddirector in accordance with this chapter, and applicable state and federal
regulations. Permit requirements may include but not be limited to the following:
1. The unit charge or schedule of user charges and fees for wastewater to be discharged to
a community sewer.
2. The average and maximum wastewater constituents and characteristics.
3. Limits on rate and time of discharge or requirements for flow regulations and
equalization.
4. Requirements for installation of inspection and sampling facilities.
5. Pretreatment requirements.
6. Specifications for monitoring programs which may include sampling locations,
frequency and method of sampling, number,types and standards for tests and reporting
schedule.
7. Requirements for submission of technical reports or discharge reports.
8. Mean and maximum mass emission rates, or other appropriate limits when
incompatible pollutants (as defined by city ordinance) are proposed or present in the
user's wastewater discharge.
9. Requirements for submission to inspections.
PH3-39
0 C Attachment 2
10. Other conditions as deemed appropriate by the Ddirector to ensure compliance with
this chapter.
B. 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 chapter are modified and changed. The user shall be
informed of any proposed changes in their 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.
C. Transfer of a Permit. Wastewater discharge permits are issued to a specific user for a
specific operation. A wastewater discharge permit shall not be reassigned or 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.
D. Revocation of Permit. Any user who violates any of the conditions of this chapter, of
applicable state and federal regulations, or of any of the following conditions, is subject
to permit revocation:
1. Failure to factually report the wastewater constituents and characteristics of discharge..
2. Failure to report significant changes in operations or wastewater constituents and
characteristics.
3. Refusal of reasonable access to the user's premises for the purpose of inspection or
monitoring.
4. Failure to provide official evidence of proper disposal of nondomestic wastes not
permitted by city ordinances(hazardous wastes) (Ord. 1195 § 1, 199 1)
13.08.230 Reporting requirements for permittees.
A. Any discharger of nondomestic wastewater may be required to submit to the director a
report indicating the nature, concentration and.daily flows of all limiting pollutants. The
report shall also state whether the applicable pretreatment standards and requirements 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.
PH3-40
Attachment 2
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)
13.08.240 Confidentiality—Public disclosure.
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 famishingthe he report. Wastewater
constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall
not be recognized as confidential information and shall be available to the public without
restriction.
at least enee ever-y twelve ineenths in the fam, 'apen (Ord. 1195 § 1, 1991)
Article III. Charges and Fees
13.08.250 Determination—User classification.
PH3-41
Attachment 2
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.
1. 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.
2. 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:
a. User classification charges.
b. Fees for monitoring and inspections.
c. Charges and fees based on wastewater constituents and characteristics to include
industrial cost recovery provisions of the Federal Act (i.e., PL 92-500).
d. In case a residence or place of business becomes vacant, the minimum sewer charge
shall be collected until the city is requested to shut off the water.
e. All charges for such sewage service shall be paid at the same time as water charges 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.
f. 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 13.04.180.
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.
The ehar-ges for-all elassifieatiens of usefs other-than the basie defaestie pr-emises shall be
based upon thp.r-ARtivP diffiwi4nop the aver-age wastewater-eenstituents and—
PH3-42
J O
Attachment 2
grease,ehafaeter-isties ef that user-whiah may inalude, but not be lifnited te, BOD, GOP, 89, eil
and demand, Fnetals and 1195 § o
0944
13.08.260 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,
1991)
Article IV. Rules and Regulations Governing the Disposal of Septic Tank Cleanings
13.08.270 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, 1991)
13.08.280 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)
13.08.290 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, 1991)
13.08.300 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 13.08.250. (Ord. 1195 § 1, 1991)
Article V. Enforcement
13.08.310 Unlawful discharges.
PH3-43
Attachment 2
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.
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 famished 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, 1991)
13.08.320 Issuance of cease and desist orders.
When the director finds that a violation of this chapter has occurred, or appears imminent,
and the violation appears to present an imminent endangerment to the health or welfare 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:
A. Comply forthwith; or
B. Comply in accordance with a time schedule set forth by the director;or
C. Take appropriate remedial or preventive action in the event of a threatened violation.
(Ord. 1195 § 1, 1991)
13.08.330 Submission of time schedule.
PH3-44
Attachment 2
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 representativ,,manage F, 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. 1195 § 1, 1991)
13.08.340 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)
Article VI.Abatement and Penalties
13.08.350 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)
13.08.360 Declaration of public nuisance.
Discharges of wastewater in any manner in violation of this chapter or of any order
issued by the director as authorized by this chapter constitutes a misdemeanor and is also
declared to be a public nuisance which may be corrected or abated as directed by the
director. (Ord. 1195 § 1, 1991)
13.08.370 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)
13.08.380 Assessment of cost.
PH3-45
- Attachment 2
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, stormdrain system or waters of the state shall be liable to the director 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
director shall also be costs for which the violator is liable to the director. (Ord. 1195 § 1,
1991)
13.08.390 Civil penalties.
Any person who violates any provision of this chapter or permit issued hereunder, or who
discharges wastewater which causes pollution, or who violates any cease and desist order,
prohibition, effluent limitation, national standard of performance, pretreatment or toxicity
standard shall be liable for an administrative civil penalty of not less than one thousand
dollars per day per violation. Penalties shall be assessed by the director, after opportunity
is given for a hearing. (Ord. 1195 § 1, 1991)
13.08.400 Criminal penalties.
Any person who violates any provision of this chapter or permit issued hereunder, or who
discharges wastewater which causes pollution, or who violates any cease and desist order,
prohibition, effluent limitation, national standard of performance, pretreatment or toxicity
standard shall be guilty of a misdemeanor. Each day of violation shall constitute a
separate offense. The penalty for violation shall include a fine of not less than one.
thousand dollars per violation. (Ord. 1195 § 1, 1991)
13.08.410 Falsifying information.
Any person who knowingly makes any false statements, representation, record,report,
plan or other document filed with the director, or who falsifies, tampers with or
knowingly renders inaccurate any monitoring device or method required under this
chapter shall be guilty of a misdemeanor. (Ord. 1195 § 1, 1991)
13.08.420 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)
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Attachment 2
1
Former Ch. 13.08, Arts. II—VII were entirely amended by Ord. 1158. The prior history
for those provisions includes prior code §§ 7501, 7501.2-7501.16, 7502, 7503,
7504.1-7504.4, 7505.1-7505.4, 7506, 7506.1-7506.7, 7508.1-7508.5 and Ords.
935, 942 and 982. Subsequently, Arts. II—VII were reenacted by Ord. 1195.
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