HomeMy WebLinkAboutStaff Report 4.A 08/06/2007 Part 2SEWER USE REQUIREMENTS UPDATE
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CHAPTER 15.40
CONSTRUCTION OR PLACEMENT
OF SEWAGE FACILITIES'
15.40.010 Size of Sanitary Server lines.
Sanitary Sewer lines and lines proposed for construction by individuals or groups shall be of
the size necessary to handle sewage from the entire area contributory to the line when that area is
developed to ultimate population density, as determined by the City.
15.40.020 Sewer main extensions - Applications.
Applications for sewer main extensions shall be made at the office of the City Community
Development Department. If the applicant is permitted to proceed with the sewer main
extension and installation, the applicant shall install the same at its own cost or expense.
However, when the sewer main extension will be of benefit to properties other than that owned
by the applicant, by means of an agreement with the City, a portion of the costs may be refunded
as determined by the City Council.
15.40.030 Reimbursement for sewer main extensions - Procedure.
An applicant for a sewer main extension who installs a sewer main extension of benefit to
properties other than that owned by applicant may be entitled to be reimbursed for costs incurred
in an amount not to exceed the actual cost of installation. The applicant desiring to be
reimbursed shall petition the City Council in writing for an agreement whereby costs may be
reimbursed. The petition shall set forth in reasonable detail the reasons for the request for
reimbursement, a statement of actual costs incurred and such other matters as may be required by
the City Council.
15.40.040 Reimbursement at discretion of council.
The applicant desiring to be reimbursed for cost incurred by reason of the installation of a
sewer main extension to serve a subdivision to be constructed by the applicant, and the sewer
main is or will be of benefit to properties outside the subdivision, may be reimbursed, at the
discretion of the City Council.
15.40.050 Agreement -Contents.
Any agreement executed by the City with an applicant for reimbursement shall set forth
therein the following:
A. The method by which the applicant shall be reimbursed; that is, waiver of connection fees,
collection of fees, or combination of waiver of connection fees and collection of fees for the
equitable distribution of costs for the benefit of the City and applicant;
B. An agreed statement as to tate actual cost incurred;
C. In the event the City has determined that reimbursement shall be made by means of
collection of connection fees, that the reimbursement shall be paid once yearly without
interest over a period of not more than three years. At the expiration of three years or earlier
' Editor's Note: For statutory provisions authorizing cities to construct and maintain sewers. See Gov. Code §35900. , { Deleted: lune 18, 2007
July 30.2007 redlined 1541 Rev. Ord. Su 9/96 63 .
as established by the agreement, no further reimbursements shall be made to the applicant
and all charges levied and collected thereafter shall belong to the City;
D. The applicant for reimbursement shall not be reimbursed for more than the actual cost of the
line, nor shall he be reimbursed for any costs incurred within or attributable to his own
property. Reimbursements shall not apply to on site improvements to subdivisions or
organized service districts. A sub -divider may be entitled to reimbursement for off site main
extensions located outside the subdivision or tract. The City shall determine what are offsite
sewer main extensions;
E. Such other reasonable terms and conditions as the Director of Water Resources and
Conservation may from time to time require.
15.40.060 Applicant to pay cost of construction of sewer laterals.
All sewer laterals shall be constructed at the sole cost of the applicant. All sewer laterals are
owned by the property owner to the sewer main and through the City right of way including the
connection at the main. All sewer laterals shall be maintained by the property owner to prevent
inflow and infiltration.
CHAPTER 15.44' -
SEWER USE AND SOURCE CONTROL
GENERAL PROVISIONS
15.44.010 Purpose.
Chapters 15.44 through 15.76 set forth uniform requirements for direct and indirect
contribution into the Wastewater collection and Treatment system for the City of Petaluma.
These Chapters 15.44 through 15.76 provide for the regulation of direct and indirect contributors
to the Publicly Owned Treatment Worts (POTW) through the issuance of permits to certain non-
domestic Users and through enforcement of general requirements for non-domestic Users,
authorize monitoring and enforcement activities, require User reporting, and provide for the
setting of fees for the equitable distribution of costs resulting from the program established
herein.
These Chapters 15.44 through 15.76 shall be generally referred to as the City's "Sewer Use
and Source Control Ordinance'. All references to this "Ordinance' within these Chapters shall
refer to the entirety of Chapters 15.44 through 15.76 and any revisions which may occur thereto.
The purpose of these chapters is to:
A. Provide for and regulate the disposal of sanitary sewage and Industrial Waste into the City
Sanitary Sewer system in such manner and to such extent as is reasonably necessary to
maintain and increase the ability of such system to handle and dispose of sanitary sewage and
Industrial Wastes in full and consistent compliance with all current and future NPDES permit
conditions;
B. Improve opportunities to recycle and reclaim treated effluent and Wastewater sludge;
C. Protect the physical structures of the said sewer system and the efficient functioning of its
' Editor's note: Prior ordinances codified in Chapters 15.44 through 15.76 include portions of Ordinance Nos.
1251, 1543 and 1827. . j Deleted: Jt 18, 2007
Juh =0.2007redlined ---------------- 1541 --- Rev. Ord_Supp.9l96 ------------------ 64,
component parts;
D. Protect the City and its personnel, and preserve and protect the health, safety and comfort of
the public;
E. Prevent the potential of process upsets at the POTW and disruptions or adverse impacts to
the collection and Treatment of sewage;
F. Comply with all applicable and compatible laws, rules, regulations and orders of the State of
California and the United States.
G. Assess Fines to:
1. deter potential violators;
2. provide fair and equitable Treatment of the regulated community;
3 facilitate swift resolution of environmental problems;
4. deter future noncompliance by providing an incentive for Users to remain in compliance;
5. remove the economic benefit a User gains over others by not complying.
These chapters shall apply to the City of Petaluma and to Persons outside the City of
Petaluma who are, by agreement, Users of the POTW.
15.44.020 Definitions.
A. Unless the context specifically indicates otherwise, the following terms and phrases, as used
in these chapters, shall have the meanings hereinafter designated:
1. "Abnormal Sewage" means any non-domestic (commercial, institutional or Industrial)
Wastewater having any pollutants or constituents containing items listed in 15.48.030.A.
through 15.48.030.F. or any other regulated compound found in excess of that found in
Normal Sewage but which is otherwise acceptable in a public sewer under the terms of
this Ordinance.
2. "Abnormal Sewage Surcharge" means the charge, in addition to the usual monthly charge
for sanitary selvage service, levied against any Person for services rendered for collection
and Treatment of Abnormal Sewage to defray the added cost of transporting and treating
such Abnormal Sewage.
3. "Accidental Discharge" means the discharge of waste in quantities (either concentration,
mass, or volume) greater than allowed in this ordinance, the discharge permit, or Federal
Law. The discharge may be sudden or gradual.
4. "Act" or "the Act" means the Federal Water Pollution Control Act, also ]mown as the
Clean Water Act, as Amended, 33 U.S.C. 1251, et seq.
5. "Amenable to Treatment" means a substance which does not damage or interfere with the
operations of the POTW and is acceptable, after treatment, for river discharge, recycled
water discharge, and sludge disposal.
6. "Approval Authority" means California Regional Water Quality Control Board, San
Francisco Bay Region - United States Environmental Protection Agency (EPA) or its
designees.
7. "Approved Methods" means in accordance with test procedures established in 40 CFR
Part 136. In the event this publication does not include the procedure for analysis of the
certain constituent, the latest edition of Standard Methods for the Examination of Water
and Wastewater shall be used or an analytical procedure approved by the City or an
analytical procedure approved by the California Regional Water Quality Control Board,
San Francisco Bay Region — United States Environmental Protection Agency (EPA) or its
eeleted:1we 78, 1007
.iuly 30. 2007 redlined 1341 ReV. Ord. Su 9/96 65-,,-
designees.
"Authorized Representative of Industrial User" means an Authorized Representative of
an Industrial User. An Authorized Representative must meet at least one of the following
criteria:
a. A responsible corporate officer, ifthe)ndustrial User is a corporation _ _ _ _
(1) President, secretary, treasurer, or vice-president of the corporation in charge of a
principal business function, or any other Person who performs similar policy or
decision-making functions for the corporation, or
(2) The manager of one or more manufacturing production, or operatiin facilities__ -
Droyided. the manager is authorized to make management decisions which govern
the oDeration of the regulated facility including having the ex-Dlicit or implicit
duty of making maior canital investment recommendations. and initiate and direct
other comurehensive measures to assure long-term environmental compliance
with environmental laws and regulations: can ensure that the necessary systems
are established or actions taken to gather complete and accurate information for
control mechanism reouirements: and where authoritV�o sign documents has been_
assigned or delegated to the manager in accordance with corporate procedures.
b. A general partner or proprietor if the industrial_ User is a partnership or_ sole
proprietorship respectively.
c. A duly authorized representative of the industrial User. To_meet the_"duly
authorized" criteria the following criteria must be met:
(1) The authorization is made in writing by the individual described in paragraph (a)
or (b) of this section;
(2) The authorization specifies either an individual or a position having responsibility
for the overall operation of the facility from which the Industrial Discharge
originates, such as the position of Plant Manager, operator of a well, or well field
superintendent, or a position of equivalent responsibility, or having overall
responsibility for environmental matters for the company; and
d. Authorized Representative Declaration Fomt: The City has prepared a standardized
form for declaration of Authorized Representatives. This form is included as part of
the permit document.
e. Authorized Representative Certification Statement: All Reports shall be signed by the
Authorized Representative and shall contain the following statement accompanied
with the representatives' name, title, date, and signature: [See Signatory reguirementS
40 CFR 403.12(7)]
Authorized Representative Statement:
"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons Nvho
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I ani aware that there are significant
Iuv-30.2007redhned --------------- 1541___ Rev. Ord, supp.9196------------------ 66
-1 Deleted: Penniuee
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- 1 Deleted: on
Deleted: employing mon: than 350
Persons or humm gross unnual sales or
expendinum exceeding S25 million (in
second-quarter 1960 dollars), if uuthonry
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penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
9. `Beneficial Uses" means uses of the Waters of the State that may be protected against
quality degradation including", but not limited to, domestic, municipal, agricultural and
industrial supply, power generation, recreation, aesthetic enjoyment, navigation, and the
preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and
other uses, both tangible or intangible as specified by federal or State law.
10. "Best Management Practices (BMPs)" means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to implement
compliance with the discharge limitations listed in Chapter 15.48 and 40 CFR 122.2
(NPDES Regulations). BMPs also include Treatment requirements, operating procedures,
and practices to control plant site runoff, spillage or leaks, Slug Discharges, sludge or
waste disposal, or drainage from raw material storage.
11. `Biochemical Oxygen Demand (BOD)" means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure, five (5) days
at twenty degrees centigrade expressed in terms of weight and concentration (milligrams
per liter {mg/L}).
12. `Building Sewer'' means a sewer conveying Wastewater from the Premises of a User to
the Community Sewer.
13. "Bypass" means the intentional diversion of waste streams from any portion of a
Treatment facility.
14. "Categorical Industrial User" means all Industrial Users subject to National Categorical
Pretreatment Standards under 40 CPR 403.6 and 40 CFR Chapter I, Subchapter N (96).
15. "Categorical Pretreatment Standards" National Pretreatment Standards specifying
quantities or concentrations of pollutants or pollutant properties which may be discharged
to a POTW by existing or new Industrial Users in specific industrial subcategories as
established under the appropriate subpart of 40 CFR chapter I, subchapter N (Part 400 et
seq.).
16. "Chemical Oxygen Demand (COD)" means a measure of the oxygen consuming capacity
of organic and inorganic matter present in Wastewater. COD is expressed as the amount of
oxygen consumed from a chemical oxidant in mg/L during a specific test.
17. "City" means the City of Petaluma. The City Council of Petaluma may designate the
position(s) or Person(s) to whom responsibilities and authority of the City are delegated
and may from time to time modify such delegations. Absent any further specific
delegation by the City Council of Petaluma, the authority and responsibility set forth in
this Ordinance (Chapters 15.44 through 15.76) shall be delegated to the Director of Water
Resources and Conservation, including his or her designee(s).
18. "Community Sewer" or "City Server" means a sewer owned and operated by the City
including City pipelines, pump stations, manholes, and other similar facilities which
accept, collect and convey sanitary sewage to the POTW. A City sewer or Community
Sewer is any sewer located within an easement of public right-of-way and which is
maintained by the City. Sewer laterals on private property are not considered a City
sewer.
19. "Compatible Pollutant" means Biochemical Oxygen Demand, Total Suspended Solids and Deleted: m"e IP, 2007
JuIv 30.2007 redlined 1541 Rev. Ord. Supp 9/96 67,
total coliform bacteria, plus additional pollutants identified in the City's NPDES permit if
the City's POTW was designed to treat such pollutants, and if such pollutants do not
interfere with the operations of the POTW; or adversely impact sludge use and disposal; or
adversely impact air quality; or adversely impact Recycled Water use and distribution, and
the POTW does remove such pollutant to a substantial degree.
20. "Composite Sample" means a sample which is collected manually or automatically, and
discreetly or continuously over a twenty-four hour period or the entire period of operation
(for facilities with less than twenty-four hour operations). Whenever possible, the sample
should be collected in proportion to the flow at the time of the collection of the aliquot
21. "Conventional Pollutant" means those pollutants that are susceptible to conventional
Treatment under normal operating conditions. Only five pollutants are presently
considered Conventional Pollutants; Biochemical Oxygen Demand; Total Suspended
Solids (nonfilterable) (TSS); pH; fecal coliform; fats, oil, and grease.
22. "Cooling Water" means the water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is heat. ✓
23. "Corrosive Wastes" means any liquid or waterborne waste or gaseous or solid substance
which can cause actual physical damage or destruction to any public or Sanitary Sewer or
which prevents or materially retards Treatment of sewage in the Wastewater Treatment
plant.
24. "Diluting Waters" means Cooling Water, Domestic Sewage, ground water, Recycled
Water, surface drainage or potable waters which are not part of an industrial process and
which do not contain constituents for which United States Environmental Protection
Agency (EPA) Pretreatment limitations apply but which are combined with industrial
Process Wastewater prior to monitoring.
25. "Discharge Prohibition' means every limitation, mechanism or strategy to control
pollutant sources by prohibiting the discharge to the Community Sewer, potentially as an
alternative to establishing numeric discharge limits for each User.
26. "Domestic Sewage" or 'Normal Sewage" means liquid and waterborne wastes derived
from the ordinary living processes, free from Industrial Wastes, and character as to permit
satisfactory disposal, without special Treatment, into City's sewerage system. Domestic
waste shall be considered to have an average BOD of 250 mg/L and an average TSS of
250 mg/L.
27. "Environmental Protection Agency' or "EPA" means the United States Environmental
Protection Agency, or where appropriate the term may also be used as a designation for
the administrator or other duly authorized official of said agency.
28. "Flash Point" means the minimum temperature of a liquid at which the liquid gives off a
vapor in sufficient concentration to ignite when tested under specific conditions.
29. "Grab Sample" means a sample which is taken from a waste stream on a one-time basis
with no regard to the flow in the waste streams and without consideration of time.
30. "Hazardous Waste" means a waste, or combination of wastes, which because of its
quantity, concentration, or physical, chemical, infectious characteristics may:
a. Cause, or significantly contribute to, an increase in mortality or an increase in serious
irreversible, or incapacitating reversible illness;
b. Pose a substantial present or potential hazard to human health or the environment
when improperly treated, stored, transported, or disposed of or otherwise managed; or
Deleted: lune 10, 2007
Julv30.-007redlined_______________1541___Rev_Ord_ Supp.9/9fi__________________68
______________ ___
c. Any waste listed as hazardous or defined as hazardous pursuant to RCRA, California
Hazardous Substances Control Act, or other Federal or State regulations definite
Hazardous Wastes or hazardous substances.
31. "Holding Tank Waste" means any waste from holding tanks such as vessels, septic tanks,
vacuum -pump tank trucks, recreational vehicles, boats, campers, mobile homes, trailers,
portable toilets, chemical toilets, or any temporary sanitation facility.
32. "Incompatible Pollutant" means any pollutant as defined in 40 CFR Pari 264, Appendix V
or any pollutant which is not included in the definition of "Compatible Pollutant" (this
section).
33. "Indirect Discharge" or "Discharge' means the introduction of Wastewater potentially
containing pollutants into Community Sewers and/or the POTW from any User connected
to the City or Community Sewer system.
34. "Industrial User" means a source of "Indirect Discharge" other than from a domestic User.
(See definition of "Indirect Discharge" above.)
35. "Industrial Waste" or "Industrial Wastewater" means all water carried waste and
Wastewater Discharge to the Community Sewers, excluding domestic Wastewater, from
any producing, manufacturing, processing, institutional, commercial, aguicultural, or other
operation. Industrial Wastewater may also include waste of a human origin similar to
domestic Wastewater which has been mixed with Industrial Waste or commercial waste
prior to discharge to the City's Community Sewers.
36, "Inspector" means a Person authorized by the City to inspect Wastewater generation,
conveyance, process and disposal facilities.
37. "Interference' or "Interfer' means an act, which, alone or in conjunction with other
discharges:
a. Harms, threatens to harm or disrupt, or disrupts the facilities, processes or operations
of the City Sewers or POTW; or
b. Has an adverse affect on the quality of the effluent, sludge, air emissions or other
residues generated by the City's facilities; or
c. Has an adverse affect on the receiving waters, or is likely to endanger a life, health, or
property or otberwvise cause a Nuisance; or
d. In the opinion of the City otherwise adversely affects the City's ability to meet the
objectives of Section 15. 4.010 of this Ordinance; or
e, Causes or contributes or threatens to cause or contribute, to a violation of any
requirement of the City's NPDES permit (including an increase in the magnitude or
duration of a violation); or prevents the use or disposal of sewage sludge by the POTW
in compliance 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 (33 U.S.C. 1251 et seq.), the Solid Waste Disposal Act (SWDA) (including
Title II more commonly knoNvn as the Resource Conservation and Recovery Act
[RCIiA]) including State regulations contained in any State sludge management plan
prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, die Toxic
Substances Control Act, and the Marine Protection, Research acid Sanctuaries Control
Act; and more stringent State criteria applicable to the method of disposal or use
employed by the POTW.
38. "Lower Explosive Limit (L.E.L.)" means the point where the concentration of gas -in -air is Deleted: m"" 19, 2007
Julv30. 7007 redlined 154 / Rev. Ord. Supp. 9796 69 , "
sufficiently large to result in an explosion if an ignition source is present.
39. "Manager" means City Manager of the City of Petaluma.
40. "Minor User (or Commercial User)" means any nonresidential User that the City
determines does not meet the definition of permitted User (15.52.010) but which
discharges waste other than domestic sewage to the City sewage system.
41. "Mass Emission Rate" means the weight of material discharged to the sewer system during
a given time interval. Unless otherwise specified, the mass emission shall mean pounds
per day of a particular constituent or combination of constituents.
42. "National Pollution Discharge Elimination System or NPDES permit" means a permit
issued pursuant to Section 402 of the Act (33 U.S.C. 1251 et seq.).
43. "National Pretreatment Standard" means any regulation containing pollutant discharge
limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act,
which are applied to Industrial Users. This term includes prohibitive discharge limits
established pursuant to 40 CFR 403.5.
44. "National Prohibitive Discharge Standard or Prohibitive Discharge Standard" means any
regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 4035.
45. "Natural Outlet" means any outlet into a watercourse, pond, ditch, lake, bay, ocean, or
other body of surface water, or outlet into the ground water.
46. "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 Act which will
be applicable to such source if such standards are thereafter promulgated in accordance
with that section, provided that:
a. The building, structure, facility, or installation is constructed at a site at which no other
source is located; or
b. The building, structure, facility, or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing source; or
c. The production or Wastewater generating processes of the building, structure, facility,
or installation are substantially independent of an existing source at the same site.
In determining whether these are substantially independent, factors such as the extent
to which the new facility is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as the existing source should
be considered.
(1) Construction on a site at which an existing source is located results in a modification
rather than a New Source if the construction does not create a new building, structure,
facility or installation meeting the criteria of paragraphs 49 (a) or 49 (c) of this section
but otherwise alters, replaces, or adds to existing process or production equipment.
(2) Construction of a New Source as defined under this paragraph has commenced if the
owner or operator has:
(a) Begun, or caused to begin as part of a continuous onsite construction program:
(i) Any placement, assembly, or installation of facilities or equipment; or
(ii) Significant site preparation work including clearing, excavation, or removal of
existing buildings, structures, or facilities which is necessary for the placement,
assembly, or installation of New Source facilities or equipment; or
(iii)Entered into a binding contractual obligation for the purchase of facilities or
. � Deleted: lune iB, 2007
IJulv30._-007_redlined --------------- 1341___Rev_ Ord. Supp.9/96------------------ 70 '
equipment which is intended to be used in its operation within a reasonable
time. Options to purchase or contracts which can be terminated or modified
without substantial loss, and contracts for feasibility, engineering, and design
studies do not constitute a contractual obligation under this paragraph.
47. "Nonconventional Pollutants" means all pollutants that are not classified as either
conventional or Priority Pollutants by the US EPA.
48. 'Nuisance" means any condition which is injurious to health or offensive to the senses or
obstruction to the free use of property so as to interfere with the comfort or enjoyment of
life or property or which affects at the same time an entire community or neighborhood or
any considerable number of Persons, although the extent of the annoyance or damage
inflicted upon individuals may be unequal.
49. "Pass Through" means a discharge which exits the POTW into the waters of the United
States in quantities or concentrations which, alone or in conjunction with a discharge or
discharges from other sources, is a cause of violation of any requirement of the POTW
NPDES permit (including an increase in the magnitude or duration of a violation). (40
CFR 403.3 (n).)
50. "Person" means any individual, partnership, co -partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity or any other legal
entity, or their legal representatives, agents or assicnts. The masculine gender shall include
the feminine, the singular shall include the plural where indicated by the context.
51. "pH" means the logarithm (base 10) of the reciprocal of the concentration of hydrogen
ions expressed in moles per liter of solution and refers to the scale typically used to
evaluate the acid base nature of a liquid.
52. "Plant Manager" means the Person designated by the City to supervise the operation of the
Publicly Owned Treatment Works and who is charged with certain duties and
responsibilities by this Title, or his or her duly authorized representative.
53. "Pollution" means tate manmade or man -induced alteration of the chemical, physical,
biological, and radiological integrity of water.
54. "Premises" means a parcel of real estate including any improvements thereon, or a
separately babitated or occupied portion thereof, which is determined by the City to be a
single User for purposes of receiving, using, and paying for service.
55. "Pretreatment or Treatment' means the reduction of the amount of pollutants, the
elimination of pollutants, or tate alteration of the nature of pollutant properties in
Wastewater to a less harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into a POTW. The reduction or alteration can be obtained by
physical, chemical or biological processes, or process changes by other means, except as
prohibited by 40 CFR Section 403.6(d).
56. "Pretreatment Facility" means any facility or device for Treatment, control or flow
limitations of sewage or Industrial Waste, prior to discharge into a City Sanitary Sewer.
57. 'Pretreatment Requirements" means any substantive or procedural requirement related to
Pretreatment, other than aNational Pretreatment Standard imposed on an Industrial User.
58. 'Priority Pollutant" means the EPA list of priority Toxic Pollutants as identified in 40 CFR
13138 which are deemed to be an environmental hazard and may be present in
Wastewater. Because of the known or suspected hazards of these pollutants, Users who
discharge these substances and certain Industrial Users which use these substances in Deleted: loot 16,±007
iu1v 30. 2007 redlimd 1541 Itev. Ord. Supp._ /B6 ------ 71
industrial processes are subject to regulation.
59. "Process Wastewater" means any water which, during manufacturing or processing,
comes into direct contact with, or results from the production of, or use of any raw
material, intermediate product, finished product, by-product, or waste product.
60. "Publicly Owned Treatment Works (POTW)" means a Treatment works as defined by
section 212 of the Act, which is owned by a State or municipality (as defined by section
502(4) of the Act). This definition includes any publically owned devices and systems
used in the storage, Treatment, recycling and reclamation of municipal sewage or
Industrial Wastes of a liquid in nature. It also includes publicly owned sewers, pipes and
other conveyances only if they convey Wastewater to a POTW Treatment Plant. The term
also means the municipality as defined in section 502(4) of the Act, which has jurisdiction
over the Indirect Discharges to and the discharges from such a Treatment works.
61. "Reclaimed or Recycled Water" means water which, as a result of Treatment of waste, is
suitable for direct beneficial use or a restricted beneficial use that would not otherwise
occur.
62. "Regional Water Quality Control Board" means Region 2 of the California Regional
Water Quality Control Board, San Francisco Bay Region.
63. "Sanitary Sewer" means pipe or conduit which carries domestic sewage, Industrial Waste,
or a combination of domestic sewage and Industrial Waste, and to which storm, surface
water and groundwater are not intentionally admitted.
64. "Sewage System" means all Sanitary Sewers, and Community Sewers including facilities
and appurtenances owned or operated by the City for carrying, collecting, pumping,
Treatment and disposal of waste and Wastewater.
65. "Significant Industrial User" Except as provided in paragraph (68.)(2) and (68.)(3) of this
section, the term means:
a. All Industrial Users subject to Categorical Pretreatment Standards under 40 -CFR 403.6
and 40 CFR chapter I, subchapter N; and
b. Any other Industrial User that: Discharges an average of 25,000 gallons per day or
more of Process Wastewater to the POTW (excluding sanitary, noncontact cooling and
boiler blowdown Wastewater); contributes a process wastestream which makes up 5
percent or more of the average dry weather hydraulic or organic capacity of the POTW
Treatment plant; or is designated as such by the City on the basis that the Industrial
User has a reasonable potential for adversely affecting the POTW's operation or for
violating any Pretreatment Standard or requirement (in accordance with 40CFR
403.8(f)(6)).
c. The City may determine that an Industrial User subject to Categorical Pretreatment
Standards under 40 CFR 403.6 and 40 CFR Chapter I, subchapter N is a Non -
Significant Categorical Industrial User rather than a Significant Industrial User on a
finding that the Industrial User never discharges more than 100 gallons per day (gpd)
Of total categorical Wastewater (excluding sanitary, non -contact cooling and boiler
blowdmvn Wastewater, unless specifically included in the Pretreatment Standard) and
the following conditions are met:
i. The Industrial User, prior to the City's finding, has consistently
complied with all applicable Categorical Pretreatment Standards and
Requirements;
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ii. The Industrial User annually submits the certification statement required
in 40 CFR 403(12)(q) together with any additional information
necessary to support the certification statement; and
iii. The Industrial User never discharges any untreated concentrated
wastewater.
d. Upon finding that an Industrial User meeting the criteria in paragraph (68.)(1)(b.) of
this section has no reasonable potential for adversely affecting the POTW's operation
or for violating any Pretreatment Standards or requirement, the City may at any time,
on its own initiative or in response to a petition received from an Industrial User or
POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such an Industrial
User is not a Significant Industrial User.
66. "Significant Noncompliance" means an Industrial User violation that meets one or more of
the following criteria:
a. Chronic violations of Wastewater Discharge limits, defined here as those in which
sixty-six percent or more of all of the measurements taken during a six (6) month
period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement,
including instantaneous limits, as defined by 40 CFR403.3(1);
b. 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 (6) month period equals or exceeds the product of a numeric Pretreatment
Standard or Requirement, including instantaneous limits, as defined by 40
CFR403.3(1) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, Fats, oil and
grease and 1.2 for all other pollutants except pH).
c. Any other violation(s) of a numeric Pretreatment Standard or Requirement, as defined
by 40 CFR403.3(1) (daily maximum, long-term average, instantaneous limit, or
narrative standard that the POTW determines has caused, alone or in combination with
other discharges, Interference or pass-through (including endangering the health of
POT\✓ personnel or the general public);
d. 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 under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge. y
e. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule
milestone contained in a local control mechanism or enforcement order for starting
construction, completing construction, or attaining final compliance.
f. Failure to provide, within forri=five (45) days after the due date, required reports, LDeleted: duny
including baseline monitoring reports, reports on compliance with categorical ' 1 Deleted: 30 )
Pretreatment standard deadlines, ninety (90) day compliance reports, periodic self
monitoring reports, and reports on compliance with compliance schedules.
g. Failure to accurately report non-compliance.
h. Any other violation or group of violations which may include a violation of Best
Management Practices. which the City determines will adversely affect the operation
or implementation of the local Pretreatment program.
67. "Slug Discharge" means 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 oass through, or in anv other wav violate the Cih%s
1 Deleted: lune 16, 2047
uh, 30.'_007 redlined 1541 Rev. Ord. Su 9/95 73
regulations. local limits or permit conditions _ _ _ _ _ _ _ _ _ - _ - j Deleted:.
68. "Slug Discharge Control Plan" shall contain, at a minimum, the following elements:
a. Description of discharge practices, including non -routine batch discharges;
b. Description of stored chemicals;
c. Procedures for immediately notifying the City of Petaluma of Slug Discharges.
d. Procedures to prevent adverse impact from accidental spills, including inspection and
maintenance of storage areas, handling and transfer of materials, loading and
unloading operations, control of plant site run-off, worker training, building of
containment structures or equipment, measures for containing toxic organic pollutants
(including solvents), measures and equipment for emergency response, containment,
and proper disposal.
69. "Solvent Management Plan" means a strategy for keeping track of all solvents delivered to
a site, their storage, use and disposal. This includes keeping spent solvents segregated
from other Process Wastewater to maximize the value of the recoverable solvents, to avoid
contamination of other segregated wastes, and to prevent the discharge of toxic organics to
any Wastewater collection system or the environment.
70. "Standard Industrial Classification (SIC)" means a classification pursuant to the Standard
Industrial Classification Manual issued by the Executive Office of the President, Office of
Management and Budget, 1987.
71. "State" means state of California.
72. "Storm Sewer" means a sewer which carries storm and surface waters and drainage, but
which excludes sewage and Industrial Waste.
73."Storm Water" means any flow occurring during or following any form of natural
precipitation and resulting therefrom.
74. "Total Suspended Solids (or TSS)" means the total suspended matter that floats on the
surface of, or is suspended in, water, Wastewater or other liquids, and which is removable
by laboratory filtering.
75. "Total Toxic Organics (TTO)" means the sum of the masses or concentrations of specific
toxic organic compounds found in the Industrial User's process discharge at a
concentration greater than 0.01 mg/L. Each categorical standard lists the specific toxic
organic compounds that are to be included in the summation to define TTO for the
category.
76. "Toxic Pollutant" means any pollutant or combination of pollutants listed as toxic in
regulations promulgated by the administrator of the Environmental Protection Agency,
California Water Quality Control Board or the Regional Board including those provisions
set forth under the Act 307(a) or other clean water regulations.
77. "Treatment Plant Upset" means Interference as defined in this section.
78. "User" means any Person who contributes, causes or permits the contribution of
Wastewater into the City's POTW.
79."Waste Minimization" means the reduction or elimination, to the extent feasible, of any
waste that is generated or subsequently treated, stored, or disposed of. It is the elimination
or reduction in the use of hazardous materials and the generation of Hazardous Wastes. It
seeks to prevent pollutant releases to all environmental media; water, land or air.
80. "Wastewater" means the liquid and water -carried industrial or domestic wastes from
dwellings, commercial buildings, industrial facilities, and institutions, whether treated or 1
Deleted: June 18, 2007
JuJv30.2007redlined --------------- 1511 --- Rev. Ord_Supp_9/96 ------------------ 74
untreated, which is contributed into or permitted to enter the Community Sewers or the
POTW.
81."Wastewater Discharge Permit" means sewer use permit as set forth in Section 15.52.020
of this Title.
82. "Water Quality Requirements" means requirements for the City's Treatment plant effluent
established by the National Pollution Discharge Elimination System Permit, or by State or
Federal regulatory agencies. Water Quality Requirements include effluent limitations and
waste discharges standards, limitations, or prohibitions which may be established or
adopted by the State or federal laws or regulatory agencies.
83. "Waters of the State" means all streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, drainage systems and all other bodies or accumulations
of water, surface or underground, natural or artificial, public or private, which are
contained within, flow through, or border upon the State or any portion thereof.
15.44.030 Abbreviations.
The following abbreviations shall have the designated meanings:
"BOD" - Biochemical Oxygen Demand
"CFR" - Code of Federal Regulations
"COD" - Chemical Oxygen Demand
"CMA -Clean Water Act
"EPA" - Environmental Protection Agency
"L" -Liter
"mg" - Milligrams
"mgt" - Milligrams per Liter
"NPDES" -National Pollutant Discharge Elimination System
"POTW" - Publicly Owned Treatment Works
"SIC" - Standard Industrial Classification
"SWDA" - Solid Waste Disposal Act 42 U.S.C. 6901, et seq.
"USC" - United States Code
"TSS" - Total Suspended Solids
CHAPTER 15.48
SEWER USE AND SOURCE CONTROL REGULATIONS
15.48.010 Permissible Discharges.
Wastewater may be discharged into Community Sewers for collection, Treatment, and
disposal by the POTW provided that such Wastewater Discharge is in full compliance with this
Ordinance (Chapters 15.44 through 15.76), local limits and the conditions of any Wastewater
Discharge Permit, and further provided that the User pays all applicable City Sewer fees and
charges including any penalties or charges assessed under this Ordinance.
15.48.020 General discharge prohibitions.
No User shall contribute or cause to be contributed, any pollutant or Wastewater which will
Pass Through the City's facilities or cause or contribute to Interference with the operation of
Deleted: lune 78, 2007
,luly 30. 2007 redlined 1541 Rev. Ord. Su 9/96 75
performance of the City's facilities. Any violation of the terms of this Ordinance, local limits or
a Wastewater Discharge Permit is prohibited and shall constitute Interference. This prohibition
includes any type of pollutants or Wastewater as set forth in the prohibition Sections of this
Ordinance. These general prohibitions apply to all Users of the City's facilities whether or not
the User is subject to National Pretreatment Standards or any other National, State, or local
Pretreatment standards or requirements.
A User shall not introduce into the POTW any of the pollutant(s) which cause:
A. A violation of the POTW's NPDES permit or a deterioration of water quality in the receiving
stream; or a violation of the POTW's General Water Reuse Permit;
B. Pass Through or Interference;
C. Restrict sludge disposal options or cause a violation of sludge disposal regulations;
D. Endanger the health and safety of the POTW collection systems employees, POTW
employees or the general public.
Affirmative Defenses. A User shall have an affirmative defense in any action brought
against it alleging a violation of the general prohibitions established in 40CFR4035(b)(4) if the
User can demonstrate that both of the conditions below from 40CFR403.5(a)(2) are met:
A. User did not know or have reason to know that its discharge, alone or in conjunction with a
discharge or discharges from other sources, would cause Pass Through or Interference; and
B. Directly prior to and during the Pass Through or Interference, the User was in compliance
with the existing limits for each pollutant in its discharge, or if there were no such existing
limits, the User's discharge directly prior to and during the violation did not change
substantially in nature or constituents from the User's prior discharge activity when the City
was regularly in compliance with its NPDES pemtit requirements, and with other applicable
requirements for POTW operations including sewage sludge use and disposal.
15.48.030 Specific discharge prohibitions.
In addition, a User shall not introduce any of the following pollutants into the POTW:
A. High Temperature. Heat in amounts which may inhibit biological activity in the POTW
resulting in Interference, but in no case heat in such quantities that the temperature at the
POTW Treatment Plant exceeds 40°C (104°F) unless the Approval Authority, upon request
of the POTW, approves alternate temperature limits.
B. Pollutants which cause corrosive structural damage to the POTW, but in no case Discharges
with a pH lower than 5.0 or higher than10.5, or having a pH which will cause damage to the
collection system or interfere with POTW Treatment processes.
C. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreanns with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Centigrade using the test methods specified in 40 C1711261.21. 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 a fire or explosion or endanger public safety or
interfere with the operation of the POTW.
At no time, shall two successive readings on an explosion hazard meter, at the point of
discharge into the Sanitary Sewer (or at any point in the system) be more than five percent
or any single reading over ten percent of the Lower Explosive Limit (L.E.L.) of the meter, or
have a closed -cup Flash Point of less than one hundred forty degrees Fahrenheit or sixty
degrees Centigrade using the test methods specified in 40 CFR 261.21. Prohibited materials
{ Deleted: June 18,'_007
lulv30.2007redlined --------------- 154Y --- Rev. Ord. Supp. _9/96_ ----------------- 76_,-'
include, but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers,
alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides,
hydrides and sulfides and any other substances which the City, the State and EPA has
identified as a fire hazard or a hazard to the system.
D. Obstruction of Flow. Solids or viscous pollutants in amounts which will cause obstruction
to the flow in a Community Sewer or in the POTW resulting in Interference. Items such as
but not limited to: grease, garbage with particles greater than one-half inch (one and twenty-
seven hundredths centimeters) in any dimension, animal guts or tissues, paunch manure,
bones, hair, hides, fleshing, entrails, \i'bole blood, feathers, ashes, cinders, wax, sand, spent
lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains,
spent hops, waste paper, wood, plastics, tar, asphalt residues, residues from refining, or
processing of fuel or lubrication oil, mud or glass grinding or polishing wastes.
E. Toxic Pollutants. Any Wastewater containing Toxic Pollutants in sufficient quantity, either
singly or interaction with other pollutant, that would Pass Through or cause inference with
the Wastewater Treatment process, or constitute a hazard to human, animal or plant life,
including aquatic organisms, or create any hazards in the waters receiving the Wastewater
Treatment plant effluent.
A Toxic Pollutant shall include but not be limited to any pollutant identified pursuant to
Section 307(a) of the Act and the California Toxics Rule. Compounds specifically
prohibited include any polychlorinated biphenyl (PCB), any pesticide (including any
insecticides, herbicides, or fungicides) such as, but not limited to chlordane, heptachlor,
heptachlor epoxide, aldrin, dieldrin, dichlorodiphenyl trichloro ethane (DDT), dichloro-
diphenyldichloro ethene (DDE), rothane (DPD).
F. Noxious or Malodorous Substances. Any harmful or offensive, gases, or solids which either
singly or by interaction with other wastes are sufficient to violate or have the potential to
cause violations of air quality standards at the POTW or in Community Sewer, create a
public Nuisance or hazard to life or are sufficient to prevent entry into the sewers for
maintenance and repair. Any volatile organic pollutant in such concentration that it has the
potential to cause the headspace gases to exceed a 300 hexane equivalent level over
equilibrated Wastewater or exceed toxicity discharge screening levels based on fume
toxicity.
G. Disposal/Reclamation. Any substance which may cause the POTW's effluent or any other
product of the POTW such as residues, sludges, or scum, to be unsuitable for reclamation and
reuse or to interfere with the reclamation process. In no case, shall a substance discharged to
the POTW cause a violation of the criteria, guideline or regulations developed under Section
405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal
developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances
Control Act, or State or local criteria applicable to the sludge disposal.
H. POTW Violation. Any pollutant including oxygen demanding pollutants (BOD, etc.) causing
the POTW to violate or continue to violate its NPDES permit. This includes, but is not
limited to Slug Discharges, oxygen demanding pollutants (BOD or COD), suspended solids,
pH, heavy metals, oil and greases or toxic organic compounds; released in a Discharge at a
flow rate and/or pollutant concentration which will cause interference with the POTW.
I. Detrimental Environmental Impact. Any substance which may have a harmful environmental
impact or create a Nuisance in the Waters of the State or a condition which violates the rules
i Deleted: lune Ie, 307
July 30. 30- Supp.
and regulations of any public agency having regulatory jurisdiction over the City, including
but not limited to any statute or any rule, regulation, or requirement of any public agency or
State or federal regulatory body.
J. Discoloration. Any Wastewater creating discoloration or any other condition in the quality of
the POTW effluent such that receiving Water Quality Requirements established by law
cannot be met
K. Hazard or Public Nuisance. Any waste, which, as determined by the City, may have an
adverse or harmful effect on sewer, maintenance personnel, Wastewater Treatment plant
personnel or equipment, Treatment plant effluent quality, public or private property or may
otherwise endanger the public, the local environment or create a public Nuisance. The City
shall in determining the acceptability of specific wastes, consider the nature of the waste and
the adequacy of the collection, Treatment and disposal system available to accept the waste.
L. Excessive Flow. Total quantities of flow or instantaneous peals which due to volume or
manner of delivery require a disproportionate share of the City's Treatment plant capacity.
This also includes flows which, alone or in combination with others, cause excessive
Treatment costs and/or Treatment plant process upsets.
M. Radioactive Wastes. No User shall, and it shall be unlawful, to discharge, cause to be
discharged, or permit to be discharged, any radioactive waste into the Sanitary Sewer, except:
I. Users authorized to use radioactive materials by the State Department of Health or other
governmental agency empowered to regulate the use of radioactive materials may
discharge, cause to be discharged, permit to be discharged such wastes, provided that
such wastes are discharged in strict conformance with the current State of California
Code of Regulations, Title 17 and federal regulations and recommendations for safe
disposal of such wastes as they now exist or may hereafter be amended; and
2. The User so acting does so in compliance with all applicable rules and regulations of all
other regulatory agencies having jurisdiction over such discharges. y
N. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that
will cause Interference or Pass Through.
O. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems.
P. Any trucked or hauled pollutants, except at discharge points designated by the POTW.
Q. Any sewage not "Amenable to Treatmenf' as this term is defined herein with the use of the
facilities and Treatment processes employed by the City at the time of the discharge.
15.48.040 Specific limitations on Wastewater strength
These limits shall be deemed Pretreatment standards for the purposes of Section 307(d) of the
Act.
A. No Person shall Discharge Wastewater containing in excess of:
DISCHARGE LIA4ITATIONS
DAILY
COMPOSITE
SAMPLE
POLLUTANT (valuesin ma/L)
Arsenic 0.20
Julv30.7007_ redlined _______________1591 --- Rev. Ord. Supp._9/96------------------ 78 ,
,i Deleted: lune 18, 2007
Barium
7.00
Beryllium
0.03
Cadmium
0.01
Chromium—(Total)
0.42
Cyanide
0.26
Lead
0.12
Mercury
0.0ni
Selenium
0.10
Silver
0.10
Zinc
1.00
Phenol
1.00
B. Any discharge which contains greater than seven hundred mg/L of suspended solids or nine
hundred mg/L BOD.
C. Any water or waste which contains more than one hundred mg/L, by weight, or oil or grease
of petroleum origin or fat, oil or grease of animal or vegetable origin, or which contains
grease or oil or other substances that will solidify or become viscous at temperatures between
thirty-two to on hundred forty degrees Fahrenheit (zero to sixty degrees Centigrade).
D. Any waste containing Total Toxic Organics (TTO), as defined in this ordinance, greater than
one mg/L.
E. Any Wastewater containing copper or nickel at levels above the domestic concentrations as
determined by the City authority, unless issued a Wastewater Discharge Permit containing
mass -based limits for copper and/or nickel.
F. Any Wastewater containing items listed in 15.48.030.A. through 15.48.030.1). or any other
regulated compound found in excess of concentrations found in normal domestic sewage
unless an Abnormal Sewage Surcharge is levied as defined in 15.44.020.1 and 2. At no time
shall a twenty-four hour Composite Sample of a User's discharge contain these constituents
in excess of permit limits.
15.48.050 Discharge into storm drain prohibited.
It shall be unlawful to discharge any waste or Wastewater into any storm drain or Natural
Outlet unless the User has obtained an NPDES permit and the User is in compliance with all
applicable rules and regulations of all agencies havingjurisdiction over such discharge.
15.48.060 Prohibition of storm drainage and ground water.
Storm Water, ground water, rain water, street drainage, subsurface drainage or yard drainage
shall not be discharged through direct or indirect connections to the Sanitary Sewer. The City
may approve the discharge of such water only when no reasonable alternative method of disposal
is available. If a permit is granted for the discharge of such water into the Sanitary Sewer, the
User shall pay the applicable User charges and fees and meet such other conditions as required
by the City.
15.48.070 Prohibition on unpolluted water.
Unpolluted water including, but not limited to Cooling Water, process water or blow -down
from cooling towers or evaporative coolers shall not be discharged through direct or indirect
connection to a City Sewer unless a permit is issued. The City may approve the discharge of such
only when no reasonable alternative is available.
I----�0-----07 fined ------------------------------------------------------1541 79
-
{ Deleted: lune 19. 2007
If a permit is granted for the discharge of such water into a Community Sewer, the User shall
pay the applicable charges and fees and shall meet such other conditions as required by the City.
15.48.080 Prohibition of excessive Discharge/ dilution.
Except where expressly authorized to do so by an applicable Pretreatment Standard or
Requirement, no Industrial User shall ever increase the use of process water or in any other way,
attempt to dilute a discharge as a partial or complete substitute for adequate Treatment to achieve
compliance with a Pretreatment Standard Requirement. The City may impose mass limitations
on Industrial Users which are using dilution to meet applicable Pretreatment Standards or
Requirements, or in other cases where the imposition of mass limitations is appropriate.
15.48.090 Limitations on point of Discharge.
No User shall discharge any substance directly into a manhole, clean out or other opening in
a Sanitary Sewer other than through an approved Building Sewer, unless upon written
application by the User and payment of the applicable User charges and fees, the City issues a
permit for such direct discharges.
No Person shall discharge any Holding Tank Wastes, or wastes from barrels, storage tanks or
any other such containers not directly connected to the City Sewer unless the User has obtained a
special discharge permit. Unless otherwise allowed by the City, under the terms and conditions
of the special discharge permit, a separate pemnit must be secured for each separate discharge.
The User may be required to sample, analyze and report to the City the characteristics of the
waste, prior to the issuance of the permit. The permit may stipulate the specific location of the
discharge, the time of day the discharge is to occur, limits of the volume discharged and the
constituents and characteristics of the waste. The User shall pay all applicable charges and fees
and shall meet such other conditions as required by the City.
15.48.100 Limitations on use of garbage grinders.
Waste from garbage grinders may be prohibited by the City from being discharged into the
Sanitary Sewer except where:
A. Waste from residential Premises generated in the preparation of food;
B. The User has an existing garbage grinder and has a permit for that specific use from the City.
At any time the property or business changes oivnership, excluding residential property, the
City may require that the existing garbage grinders on the property be removed. Garbage
grinders shall not be used for grinding plastic, or paper products, inert materials, or .=den
refuse.
15.48.110 Vehicle Wash Racks.
All new gasoline filling stations, garages, self-service automobile washers, and other public
wash racks where vehicles are washed shall install catch basins in conformity with the plumbing
code in accordance with permit obtained from the building official. In the event any existing
Premises do not have a catch basin and the sewer line servicing the facility stops up due to grit or
slime in the sewer lines, then the owner or operator of such Premises shall be required to modify
these facilities to construct a catch basin as a condition of continuing use of the system No
Storm Water shall be diverted to these catch basins. No wash rack waste shall be diverted into
the Stomi Water system.
{ Deleted: Junc 18, 2007
MN, 30. ?007 redlined 1341 Rev. Ord- Supp_9/96 go--
15.48.120 Prohibition on hospital wastes.
Hospitals, clinics, offices of medical doctors, and convalescent homes shall not discharge to
the Sanitary Sewer any medical wastes.
15.48.130 Removal devices required.
Fat, grease, grit, oil, lint, and sand removal devices (interceptors and grease traps) shall be
installed by the User when, it is determined by the City that such is necessary for the proper
handling of liquid wastes containing grease, fat, grit, oil, lint, sand or other harmful ingredients
which accumulate and cause or threaten to cause stoppage or impair the efficiency of the sewers,
Wastewater plant or the safety of the City employees, except that such removal devices shall not
be required for residential units. Toilets, urinals, wash basins or any fixtures receiving fecal
material shall not flow though the removal device.
All removal devices shall be of a type and capacity approved by the City and compliant with
Uniform Plumbing Code. The User shall pay the applicable charges and fees and meet such other
conditions as required by the POTW prior to installation. The removal device shall be installed
in conformity with approved plans and in accordance with all City codes and regulations. The
removal device shall be located so as to be readily and easily accessible for cleaning and
inspection. No device shall be installed in a food preparation area
The removal device shall be maintained in efficient operating condition by periodic removal
of accumulated grease, fat, grit, oil, lint sand or other material. Failure to clean or maintain the
removal device shall be a violation and subject to an enforcement action as stated in City codes
and regulations. Wastewater having excessive temperatures (from dishwashers for example)
causing the Pass Through of grease, shall not be discharged to the removal device. No
emulsifiers, enzymes, solvents or any other substances which cause the Pass Through of grease
shall be used in the removal device. Removal devices shall be located upstream of any
dishwashers or discharges exceeding 110 degrees Fahrenheit. Users requiring removal devices
shall maintain records of maintenance and cleaning of removal devices for three years. These
records shall be made available to the City for inspection and copying upon request.
Abandoned grease, fat, grit, oil, lint or sand removal devices shall be removed as required for
abandoned septic tanks (Uniform Plumbing Code). All cost related to the installation or removal
of the devices shall be the responsibility of the User.
15.48.140 Application of most stringent limitations.
The most stringent regulations or standards: federal, State, regional, or local shall apply.
15.48.150 Supplemental limitations.
The limitations on Wastewater strength and prohibitions in these regulations may be
supplemented with more stringent limitations if:
A. The City determines that the limitations may not be sufficient to protect the operation of
Community Sewers and the POTW;
B. The City determines that the limitations may not be sufficient to enable the POTW to comply
with water quality standards, or effluent limitations specified in the POTW's NPDES permit,
or POTW's General Water Reuse Permit;
C. The discharge is of such a nature that it alone or in combination with other discharges,
. � Deleted: lune 19,'_007
� .Iuh` I0. _007 r cd lined 1541 Rev. Ord. Supp. 9196 _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ 81 _
reduces or threatens to impair the POTW effluent, reuse, discharge, or sludge disposal
options;
D. In the City's evaluation, the discharge, alone or in combination with any other discharge,
poses a threat or unreasonable risk to the POTW or personnel.
The City may also, through the use of the permit, make specific allocations of pollutants to
industries. These allocations or local limits shall be across-the-board local limits (or "uniform
concentration limits"), local limits by industrial contributory flow and industry -specific local
limits by mass proportion.
These allocation methods shall not allow any increased loading of any pollutant to the POTW
nor shall they allow higher limits than federal categorical standards. These allocations or local
limits shall be evaluated and adjusted from time to time to ensure that the loading of any
pollutant to the POTW on a system -wide basis is sufficiently low to ensure that the POTW can
comply with existing and future regulatory requirements.
15.48.160 National Categorical Pretreatment Standards.
Industrial Users must comply with applicable National Categorical Pretreatment Standards,
national prohibited discharge standards, the City's prohibitions, the City's local limits, or BMPs,
whichever are most stringent. The national categorical standards found in 40 CFR Chapter 1,
Subchapter N., Part 405 471 are hereby incorporated into this ordinance.
The Control Authority may authorize the Industrial User subject to a categorical Pretreatment
Standard to forego sampling of a pollutant regulated by a categorical Pretreatment Standard if the
Industrial User has demonstrated through sampling and other technical factors that the pollutant
is neither present nor expected to be present in the Discharge, or is present only at background
levels from intake water and without any increase in the pollutant due to activities of the
Industrial User, subject to the conditions set forth in 40 CFR 403.12(e)(2).
15.48.170 Best Management Practices as Industrial Pretreatment Limits
Background. Industrial local Pretreatment limits may be expressed through conditions the
users permit as narrative statements (typically prohibitions) such as in 15.48.020, numerical
values such as those listed in 15.48.030, or a combination of both expressed as Best Management
Practices (BMWs) (40CFR403.5(c)(4)). Historically, BMPs only applied to groups of low flow
discharges that had similar processes and discharged similar types of Wastewater (e.& photo
processors and dentist offices). However, with the recent lowering of Indirect Discharge
limitations and improved analytical methods, the City will begin using BMPs in cases where it is
not practical or economically feasible for an Industrial User to monitor for or attain specific
numerical Pretreatment limits. This section gives the City the ability to shift from numerical
end -of -pipe chemical controls on an Industrial User to BMPs and Pollution prevention as an
effective way for the City to achieve compliance with NPDES permit limits. B1VIPs are
enforceable under 40 CFR 403.5(d).
A. BMP use examples:
1. There is insufficient flow from an Industrial User or a category of Industrial Users to
obtain a representative Wastewater sample (e.g. dentist office, photo processors).
2. The proposed local limit is less than the detection limit and/or quantification level (40
CFR Part 136) of the most stringent analytical procedure.
{ Deleted: lune 18, 2007
July 30.2007redlined---------------- 1541 --- Rev. Ord. Supp. 9/96__________________ 82_,'
3. The BMP is clearly the most economically feasible method for regulating the pollutant of
concern.
B. BMP removal from permit The City may consider a request to remove the BMP
requirement from the Indirect Discharge permit if the permittee can demonstrate that the
Discharge is reasonably expected to meet the numeric local limit. In cases where the
numeric local limit is calculated to be negative and where the industry's effluent sampling
results for pollutants with BMP requirements are below the quantification level, the City may
also consider a permit modification request. Relaxation of the permit conditions does not
allow the industry to return to its previous methods of operation.
C. Inspections, monitoring, and numeric effluent limits may still be required by the City to
verify that the industry remains in compliance. At a minimum, a certification statement is
required certifying that the industry is operating under its approved BMP and no changes
have been implemented.
D. BMP's may be used in the discretion of the City where appropriate to meet such Pretreatment
standards in a practical and economic fashion.
E. Industrial users subject to BMPs as a means of complying with standards of this Ordinance
shall maintain documentation to demonstrate compliance with all BIvIP standards for the term
of the permit or five (5) years, whichever is longer.
15.48.180 Proper disposal of sludges and spent chemicals.
The disposal of sludges, spent chemicals and hazardous materials generated shall be done in
accordance with all applicable federal, State and local laws, regulations and ordinances
including: Section 405 of the Clean Water Act (CWA); Subtitles C & D of the Resource
Conservation and Recovery Act (RCRA); and Title 22, Division 4, Chapter 30 of the California
Administrative Code. A record of disposal shall be maintained and available for review by the
City.
15.48.190 City may require Pretreatment or corrective measures.
Users shall make Wastewater acceptable under the limitations established in these
regulations before discharging to a Community Sewer. Any Pretreatment facilities required to
pre -treat Wastewater to a level acceptable to the City shall be provided and maintained at the
User's expense. When Pretreatment or special facilities are required to make the Industrial
Wastes acceptable, the Industrial User shall be required to furnish a compliance schedule and
plans, approved prior to construction, showing the schedule of activities, time frame and method
of Pretreatment proposed to meet applicable Pretreatment Standards and Requirements. The
Industrial User shall also submit all notices and self-monitoring reports required by the City
necessary to assess and assure compliance by the Industrial User with Pretreatment Standards
and Requirements. Pretreatment facilities or measures shall be installed in conformity with the
approved plans and other City codes or regulations. The approval of the Pretreatment method
will in no way relieve the User from the responsibility of modifying the facility as necessary to
produce an effluent acceptable to the City under the provisions of these regulations. Any
subsequent changes in the Pretreatment facilities or method of operation shall be reported to and
be accepted by the City.
The effectiveness of the Pretreatment unit discharging to the Community Sewer will be
monitored by the City at the discharger's expense. All records relating to compliance of the
Deleted: uvc ie, 1007
luh 30.2 -0 -07 -redlined 7541 Rev. Ord. Squ. 9196 83
Pretreatment unit with Discharge standards shall be made available to the EPA or Approval
Authority.
In addition to Pretreatment, or separately, the City may require the User to develop and adopt
a Waste Minimization or Pollution prevention plan to reduce the quantity of waste Discharged to
the POTW. If determined necessary, the City may require the User to control Slug Discharges
and provide a Slue Discharge Control Plan 40 CFR 403.8(f)(1)(13)(6). if determined necessary,
the City may require the User to control nuisance as defined in 15.48.020, definition 48 above.
CHAPTER 1552
SENVER USE DISCHARGE PERMITS
15.52.010 Classification of Users.
The City shall classify all nonresidential Users either by assigning each one to a "user
classification" according to the principal activity conducted on the User's Premises, by the
analysis of the individual User, or by a combination thereof. The purpose of such collective
and/or individual 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 charges and fees which will insure an equitable recovery of the City's
costs.
Each User shall initially be classified as either a Significant Industrial User subject to the
requirements of the Federal Pretreatment Program or a Minor User (commercial or nondomestic)
that is not subject to the Federal Pretreatment Program requirements. Minor Users may be further
classified by like business activity or by the similarity of waste Discharge characteristics. Each
Minor User within a User class shall have the same Pretreatment, monitoring, and record keeping
requirements. Minor Users may be exempted from the permit requirements of this article at the
discretion of the City if they are known to Discharge only domestic sewage (as defined).
1552.020 Sewer use permits required.
Sewer use permits issued by the City are required for specific categories of Users as follows:
A. Permitted Industrial User Permits. All Industrial Users and industries using/discharging EPA
Priority Pollutants proposing to connect to or to contribute to the Community Sewers and the
POTW shall obtain an Industrial Use Permit before connecting to or contributing to the
Community Sewers. All existing Industrial Users and industries using/discharging Priority
Pollutants shall obtain Wastewater Discharge permits within ninety (90) days of the effective
date of these Chapters 15.44 through 15.76 to the extent said industry or Industrial User does
not have a valid permit on the effective date of this Ordinance. The City in its discretion may
determine that certain Industrial Users qualify as Minor Users which may be exempted from
this permit requirement or provide a permit with more limited Discharge requirements.
B. Groundwater Remediation Permits. All Users proposing to Discharge contaminated
groundwater from a groundwater remediation project shall obtain an Industrial User permit
Tor the remediation project.
C. Special Discharge Permits. All Users proposing to Discharge domestic or non -Hazardous
Wastes not in violation of the prohibitions of Sections 15.48.010, 15.48.030 and 15.48.030
from sources not connected to the City Sewer shall obtain a Special Discharge Permit.
Deleted; 7wc 78, 2007
July:O._-007redl_________________.__-_____-__--_---
---------- ined1541
---- Rev. OrdSupp.-9/96 84--
D. Septic Waste Hauler Permits. All septic waste haulers proposing to Discharge to the City
Sewer must obtain a permit prior to discharging any waste.
E. Garbage Grinder Permits. The City may require non-domestic Discharges to Community
Sewers that make use of garbage grinders to obtain a permit for such use in lieu of a
prohibition where such use is compatible with the proper operation of Community Sewers.
F. Other Sewer Use Permits. The City may from time to time employ the use of other permits
to implement the prohibition and control measures set forth in this Ordinance in lieu of strict
prohibitions.
1552.030 Sewer use permit application.
Users required to obtain any form of a sewer use permit shall complete and file with the
City, a permit application accompanied by the application fees. Proposed new Industrial Users
shall apply, at a minimum, suety (60) days prior to connecting to or contributing to the
Community Sewers and the POTW. Applicants for other forms of sewer use permits, including
Minor Industrial Users, shall apply, at a minimum, thirty (30) days prior to contributing wastes to
the Community Sewer system. Applicants for an Industrial User permit may be required to
submit, in units and terms appropriate for the evaluation, but not limited to, the following
information:
A. Name, address and User classification number (SIC) of the applicant;
B. Water sources, meter numbers and locations, and volume used from each source;
C. Volume of Wastewater to be Discharged;
D. Wastewater constituents and characteristics including but not limited to those mentioned in
these regulations as verified by a certified laboratory;
E. Time and duration of Discharge;
F. Average and maximum Wastewater flow rates, including daily, monthly and seasonal
variations, if any;
G. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and
appurtenances by size, location and elevation;
H. Description of activities, facilities and plant processes on the Premises including all
materials, processes and types of material which are or could be Discharged;
I. Each product produced by type, amount and rate of production;
J. Number and type of employees, and hours of work;
K. Industrial Users of the POTW shall design, construct, operate, and maintain Wastewater
Pretreatment facilities when necessary to reduce or modify the User's Wastewater
composition to achieve compliance with the limitations in Wastewater strength set forth in
15.48 of this Ordinance, to meet applicable Pretreatment Standards, to prevent slug
Discharges or to meet any other Wastewater condition or limitation contained in the
Industrial User's Wastewater Discharge permit.
L. If applicable, plans and specification for Wastewater monitoring and Pretreatment facilities
shall be prepared, signed, dated, and sealed by a California professional registered engineer,
and be submitted to the City for review in accordance with accepted engineering practices.
Prior to beginning construction of a monitoring or Pretreatment Facility, the User shall
submit a set of construction plans to be maintained by the Department of Water Resources
and Conservation. Prior to beginning construction, the Industrial User shall also secure
building, plumbing and all other required permits.
� Deleted: June 19. M07
Tula ;0. 2007 redlined 1511 Rev. Ord. Supp. 9/96 85
____________________________ ________________________
The Industrial User shall construct the Pretreatment Facility within the time provided in
the Industrial User's Wastewater Discharge permit. Following completion of construction,
the Industrial User shall provide the City with as -built drawings to be maintained by the
Department of Water Resources and Conservation. The review of the facilities as necessary
to produce an effluent complying with the provisions set forth in 15.48 of this Ordinance.
Any subsequent changes in the Pretreatment facilities or methods of operation shall be
reported to and approved by the City prior to implementation.
M. Slug Discharge Control Plan;
N. Chemical or Solvent Management Plans;
O. Waste Minimization plans;
P. Any other information as may be deemed by the City to be necessary to evaluate the permit
application.
The City will evaluate the data furnished by the User and may require additional information.
After evaluation and approval of all data required, the City may issue an Industrial User permit.
Applicants for sewer use permit other than for an Industrial User permit, shall submit the
information deemed required, by the City to appropriately evaluate that applicant's sewer use
permit application. The holder of all permits issued hereunder shall be subject at all times to all
applicable federal, State and local laws and regulations.
15.52.040 Reapplication for sewer use permits.
Under the following circumstances a new or amended sewer use permit application must be
filed with the City:
A. Upon change of ownership of the property served;
B. Upon change of occupancy;
C. Ninety (90) days prior to expiration of the current permit;
D. Upon change of any activity resulting in change in type of Industrial Wastewater or other
non-domestic sewage to be contributed to the system.
The holders of all permits issued shall be subject at all times to all applicable federal, State,
and local laws and regulations. At no time and in no way, shall the holder of any permit acquire,
or be regarded as having acquired, a vested or continuing right to maintain, or to have continued,
any connection to the City Sanitary Setter.
15.52.050 Permit conditions.
Server use permits shall be subject to all provisions of these Chapters 15.44 through 15.76.
User fees established by the City and all other standards and requirements. The conditions of
sewer use permits shall be uniformly enforced by the City in accordance with these regulations
and applicable federal and State regulations. Permits may contain restrictions and requirements
including but not limited to the following:
A. Effluent limitations as required in 15.48 of this Ordinance (including all aspects of this
section; prohibitions, local limits, BMPs) or to meet Pretreatment Standards. This section
also includes a description of process and non -Process Wastewater Discharges, outfall
description, composite sampling and grab sampling description, peak flow requirements, and
general Discharge standards;
B. Monitoring requirements including parameter, frequency and sample type. All sampling and
analytical methods shall be performed in accordance with 40 CFR 136;
Deleted: June 76. 2007
July 30. _2007 redlined 7511 Rev. Ord. Supp. 9196 86
C. Reporting requirements including self-monitoring reports, reporting additional monitoring,
automatic re -testing, accidental Discharge or process upset or bypass reporting, City contact
information, and declaration of authorized representative;
D. Special conditions such as the design, construction and operation of a Pretreatment system,
development and implementation of Slug Discharge Control Plan and notification of Slug
Discharges, and changes at the facility affecting the potential for a Slug Discharge;
E. Standard permit conditions including the following:
I. General conditions such as severability, duty to comply, duty to mitigate, permit
modification, permit termination, permit appeals, property rights, limitation on permit
transfer, continuation of expired permits, or any other conditions as deemed necessary by
the City;
2. Definitions such as Bypass, Composite Sample, non -contact Cooling Water, contact
Cooling Water, daily maximum, fat oil and grease, Grab Sample, instantaneous
maximum concentration, monthly average, production line, Slug Discharge, upset,
significant non compliance and compliance with applicable Pretreatment Standards, or
any other definition as deemed necessary by the City.
3. Operation and maintenance including proper operation and maintenance, duty to halt or
reduce activity, Bypass of Treatment facilities, and handling of removed substances.
4. Monitoring and record keeping including representative samples, flow measurement,
analytical methods to demonstrate compliance, City monitoring (inspection, sampling,
obstruction), record retention, record contents, planned changes, anticipated non-
compliance, duty to provide information.
5. Enforcement including a definition for falsifying information, annual publication of
facilities in significant non-compliance, civil and criminal liability, penalties for
violations of permit conditions, and recovery of costs incurred by the City.
P. Compliance schedules with requirements for reporting progress;
G. Requirements for submission of technical reports, progress reports or Discharge reports;
K Requirements for notification of the City before any new introduction of Wastewater
constituents or any substantial change in the volume or character of the Wastewater
constituents being introduced into the Wastewater Treatment system;
1. Denials or conditions for new or increased contributions of pollutants, or changes in the
nature of pollutants, to the Community Sewers or the POTW by Industrial Users whore such
contributions do not meet applicable Pretreatment Standards and Requirements, potentially
cause Interference or where such contributions would cause or contribute to the POTW's to
violate its NPDES permit.
1. Requirements for notification of Slug Discharges;
K. Limits for Incompatible Pollutants (those not Amenable to Treatment) present in the User's
Wastewater Discharge;
L. Requirements for the development and implementation of Waste Minimization plans;
M. Other conditions or requirements as deemed appropriate by the City to ensure compliance
with these regulations including but not limited to nuisance abatement.
15.52.060 Control through Permit.
Permits, orders or similar means shall be used to control the contribution to the POTW by
each Industrial User to ensure compliance with applicable Pretreatment Standards and
. { Deleted; une 16,'007
July30.'_007redlined__,_______.___.1541___Rev_Ord_Supp_9196__ 87
Requirements, prevent Interference or Pass Through, and enforce the prohibitions set forth in
Sections 15.48.010 through 15.48.030. In the case of Industrial Users identified as significant
under 40 CFR 403.3(t), this control shall be achieved through permits or equivalent individual
control mechanisms issued to each such User. Such control mechanisms are enforceable and
shall contain at a minimum, the follow conditions:
A. Statement of Duration. A pernait shall be for a specified period, not to exceed five years. The
User shall apply for permit re -issuance a minimum of ninety (90) days prior to the expiration
of the User's existing permit. The terms and conditions of the permit may be subject to
modification by the City during the term of the permit as limitations or further requirements
are identified or if other just cause exists. The User shall be informed of any proposed
changes in the permit at least thirty (30) days prior to the effective date of change. Any
changes or new conditions in the permit shall include a reasonable time schedule for
compliance.
B. Statement of non -transferability. Permits may not be reassigned or transferred to a new
owner and/or operator without prior approval of the City. Permittee must give at least thirty
(30) days advance notice to the City of the proposed transfer, and the notice must include a
written certification by the new owner or operator which:
1. States that the new owner has received a copy of the existing permit.
2. States that the new owner has no immediate intent to change the facility's operations
and processes.
3. Includes a provision of a copy of the existing control mechanism.
4. Identifies the specific date on which the transfer is proposed to occur.
5. Acknowledges full responsibility by new owner for complying with the existing
permit conditions.
6. Acknowledges effluent limits and/or BWs to User based on applicable general
Pretreatment standards found in this Ordinance, CFR part 403 and State and local
laws.
7. Acknowledges self monitoring, sampling, reporting, notification and record keeping
requirements, including an identification of the pollutants to be monitored, sampling
location, sampling frequency, and sample type, based on the application of general
Pretreatment standards in 40 CFR part 403, and Chapter 15.48 of this Ordinance and
State and local law.
8. Acknowledges statement of applicable civil and criminal penalties set forth in this
Ordinance and any applicable compliance schedules or other enforcement
mechanisms in place.
C. Property Rights. Issuance of a sewer service permit and/or written authorization for its
transfer does not convey any proper rights, or any exclusive privileges, nor does it authorize
any injury to private property or any invasion of personal rights, nor any violation of federal,
State or local laws or regulations.
15.52.060 Refusal to issue a permit.
The City may refuse to issue a sewer use permit if any one or more of the following
conditions exist:
A. The application is not accompanied by the appropriate fee(s).
B. The application for a permit contains false or misleading information.
Deleted: 16,'_007
July _tl
30. 07 redlined_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1541--- Rev. Ord_ Supp_9/9b 88_, . .
i
C. The issuance of the permit would cause Interference or Pass Through to the City or POTW
or cause to City to potentially violate any permit condition, law or regulation of the federal
or regulation of federal and/or State government.
D. The application does not comply with the requirements for such set forth herein. or the
proposed source control mechanism are deemed by the City to be insufficient to fully protect
against potential Interference with the City's operation of the Community Sewers and
POTW.
E. The applicant has not provided plans for sufficient protection from accidental Discharges to
land, Stoma Sewer system, and Sanitary Sewer system.
F. The applicant has not provided plans for sufficient protection to prevent or abate nuisance.
15.52.070 Reporting requirements.
A. In accordance with 40 CFR 403.12(e), Periodic reports on continued compliance,
1. Any Industrial User subject to a categorical Pretreatment Standard (Chapter 15.48.010,
15.48.020, 15.48.030, 15.48.035), except a Non -Significant Categorical User as defined
in 40CFR4.3.3(v)(2) after the compliance date of such Pretreatment Standard, or, in the
case of a New Source, after commencement of the Discharge into the POTW, shall
submit to the City during the months of June and December, unless required more
frequently in the Pretreatment Standard or by the permit or City, a report indicating the
nature and concentration of pollutants in the effluent which are limited by such
Categorical Pretreatment Standards. In addition, this report shall include a record of
measured or estimated average and maximum daily flows for the reporting period. The
Industrial User shall submit information showing the measured average daily and
maximum daily flow, in gallons per day, to the POTW from each of the following:
a. Regulated process streams; and
b. Other streams as necessary to allow use of the combined waste stream formula
described in 40 CFR 403.6(e), except that the City may require more detailed
reporting of flows. The City may allow for verifiable estimates of these flows where
justified by cost or feasibility. At the discretion of the City and in consideration of
such factors as local high or low flow rates, holidays, budget cycles, etc., the City
may agree to alter the months during which the reports are to be submitted.
c. In cases where the Pretreatment Standard requires compliance with Best Management
Practice (or Pollution prevention alternative), the User shall submit documentation
required by the City or the Pretreatment Standard necessary to determine compliance
status of the Industrial User.
d. If the Industrial User monitors any regulated pollutant at the appropriate sampling
location more frequently than required by the City using procedures prescribed above,
the results of this monitoring shall be included in the report.
2. Nvhere the City has imposed mass limitations on Industrial Users as provided for by
15.48.030, the report required by paragraph (1) of this section shall indicate the mass of
pollutants regulated by Pretreatment Standards in the Discharge from the Industrial User.
3. For Industrial Users subject to equivalent mass or concentration limits established by the
City in accordance with the procedures in 40 CFR 403.6(c), the report required by
paragraph (1) of this section shall contain a reasonable measure of the User's long teen
production rate. For all other Industrial Users subject to Categorical Pretreatment oeleted: i.e 18, 7007
luiv30.10,07redlined ________7541__ Rev_Ord. Supp9/96_____________,--- 89_'
r__—,—.______ _______ ____.
Standards expressed only in terms of allowable pollutant Discharge per unit of production
(or other measure of operation), the report required by paragraph (1) of this section shall
include the User's actual average production rate for the reporting period.
B. In accordance with 40 CFR 403.12(e), Reporting Requirements for Industrial Users not
subject to Categorical Pretreatment Standards. The City shall require appropriate reporting
from those Industrial Users With Discharges that are not subject to Categorical Pretreatment
Standards. Significant non -Categorical Industrial Users shall submit to the City at least once
every six (6) months (on dates specified by the City) a description of the nature,
concentration, and flow of the pollutants required to be reported by the City. 'These reports
shall be based on sampling and analysis performed in the period covered by the report, and
performed in accordance with the techniques described in 40 CFR part 136 and amendments
thereto. Where 40 CFR part 136 does not contain sampling or analytical techniques for the
pollutant in question, or where the Administrator determines that the part 136 sampling and
analytical techniques are inappropriate for the pollutant in question, sampling and analysis
shall be performed by using validated analytical methods or any other applicable sampling
and analytical procedures, including procedures suggested by the POTW or other Persons
approved by the Administrator. This sampling and analysis may be performed by the City in
lieu of the significant non -Categorical Industrial User. Where the POTW itself collects all
the information required for the report, the non -Categorical Industrial User will not be
required to submit the report. If the Industrial User monitors any regulated pollutant at the
appropriate sampling location more frequently than required by the City using procedures
prescribed above, the results of this monitoring shall be included in the report.
In addition, the City may require that any User discharging Wastewater into the Sanitary
Sewer file a periodic Discharge report. The Discharge report may include, but need not be
limited to; nature of process, volume, rates of flow, Mass Emission Rate, hours of operation,
number and classification of employees, or other information which relates to the generation
of waste including Wastewater constituents and characteristics in the Wastewater Discharge.
Such report may also include the chemical constituents of solid, liquid or gaseous materials
stored on site even though they may not normally be Discharged.
C. Reporting Requirements for Industrial Users upon effective date of Categorical Pretreatment
Standard — Baseline Report. Within one hundred eighty (180) days after the effective date of
a categorical Pretreatment Standard, or one hundred eighty (180) days after the final
administrative decision made upon a category determination submission under 40 CFR
403.6(a)(4), whichever is later, existing Industrial Users subject to such Categorical
Pretreatment Standards and currently discharging to or scheduled to Discharge to a POTW
shall be required to submit to the City a report which contains the information listed in
paragraphs (b)(1)-(7) of 40 CFR 403.12(b) and which includes the following:
1. Identifying Information. The User shall submit the name and address of the facility,
including the name of the operator and owners.
2. Permits. The User shall submit a list of any environmental control permits held by or for
the facility.
3. Description of Operation. The User shall submit a brief description of the nature of the
process, average rate of production (flow, volume, substances and concentrations in the
waste Discharge). The User shall also submit the Standard Industrial Classification (SIC)
of the operation(s) carried out by such Industrial User. This description should include a
i Deleted: lune lB, IDO"!
Juh 30 '007 redlined _______________ 1541___ Rev_ Ord_ Supp. 9/96 _________________ 90
schematic process diagram, indicating points of Discharge to the POTW from the
regulated processes.
4. Flow Measurement. User shall submit information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from the regulated process
streams and other streams as necessary to allow use of the combined waste stream
formula.
5. Measurement of Pollutants.
a. The User shall identify the Pretreatment Standards applicable to each regulated
process.
b. The User shall submit the results of sampling and analysis from each regulated
process to the City. The daily maximum and average concentration shall be reported.
The sample shall be representative of daily operations.
c. The proper and approved method of sampling (grab, flow -proportional composite, or
time -proportional composite) will be utilized to obtain representative results.
d. A minimum of one representative sample will be taken to comply with the
requirements of this section.
e. Samples should be taken immediately downstream from Pretreatment facilities, if
such exist, or immediately downstream from the regulated process if no Pretreatment
exists. All flows and concentrations must be measured to allow use of combined
waste stream formula.
f. Sampling and analysis shall be performed in accordance with the techniques
prescribed in 40CFR part 136 and amendments thereto. Where Part 136 procedures
do not include sampling or analytical techniques or where Part 136 methods are
deemed (by EPA Administrator) to be inappropriate, sampling and analysis shall
occur according to procedures approved by LPA. 40CFR 403.12(8)(4) states for
sampling required in support of baseline monitoring and ninety (90)day compliance
reports required in 40CFR 403.12.(b) and (d), a minimum of four Grab Samples must
be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic
compounds for facilities for which historical sampling data do not exist; for facilities
for which historical sampling data are available, the City may authorize a lower
minimum.
g. The Baseline Monitoring Report (BMR) shall indicate the time, date and place of
sampling and methods of analysis, and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant Discharges to the
POTW.
h. A BMR containing historical data may only be used upon approval by the City. Ref.
40CFR 403.12(b)(5)
6. Certification. A statement reviewed by an authorized representative of the Industrial User
and certified to by a qualified professional, indicating whether Pretreatment Standards are
being met on a consistent basis, and, if not, whether additional operation and maintenance
CO and M) and/or additional Pretreatment is required for the Industrial User to meet the
Pretreatment Standards and Requirements; and
T Compliance Schedule. If additional Pretreatment and,'or O and M will be required to meet
the Pretreatment standards, the shortest schedule by which the Industrial User will
provide such additional Pretreatment and/or O and M. The completion date in this
peietedaune IS, 2007
luly?0.21007redlined154t___ Rev_ Ord, Supp.9196__-__ ______91 ,
schedule shall not be later than the compliance date established for the applicable
Pretreatment Standard.
At least ninety (90) days prior to commencement of a Discharge, New Sources, and sources
that become Industrial Users subsequent to the promulgation of an applicable categorical
Standard, shall be required to submit to the City a report which contains the information listed in
paragraphs (b)(1)-(5) of 40 CFR 403.12(6). New sources shall also be required to include in this
report information on the method of Pretreatment' the source intends to use to meet applicable
Pretreatment standards. New Sources shall give estimates of the information required in
paragraphs b(4) and b(5) of 40 CFR 403.12(b).
D. Compliance schedule for meeting Categorical Pretreatment Standards. The following
conditions shall apply to the schedule required by paragraph 40 CFR 403.12(6)(7):
1. The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction and operation
of additional Pretreatment required for the Industrial User to meet the applicable
Categorical Pretreatment Standards (e.g., hiring an engineer, completing preliminary
plans, completing final plans, executing contract for major components, commencing
construction, completing construction, etc.).
2. No increment referred to in paragraph (D)(1) of this section shall exceed nine (9) months.
3. No later than fourteen (14) days following each date in the schedule and the final date for
compliance, the Industrial User shall submit a progress report to the City including, at a
minimum, whether or not it complied with the increment of progress to be met on such
date and, if not, the date on which it expects to comply with this increment of progress,
the reason for the delay, and steps being taken by the Industrial User to return the
construction to the schedule established. In no event shall more than nine (9) months
elapse between such progress reports to the City.
In Accordance with 40 CFR 403.12(d) Report on compliance with categorical Pretreatment
standard deadline. Within ninety (90) days following the date for final compliance with
applicable Categorical Pretreatment Standards or in the case of a New Source following
commencement of the introduction of Wastewater into the POTW, any Industrial User subject to
Pretreatment Standards and Requirements shall submit to the City a report containing the
information described in paragraphs 40 CFR 403.12(b)(4)-(6). For Industrial Users subject to
equivalent mass or concentration limits established by the City in accordance with the
procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the User's long
term production rate. For all other Industrial Users subject to Categorical Pretreatment Standards
expressed in terms of allowable pollutant Discharge per unit of production (or other measure of
operation), this report shall include the User's actual production during the appropriate sampling
period.
E. Certification:
1. The reports required by 15.52.100(A)(B)(C)(D) and 40 CFR 403.12(d) shall include the
certification statement:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the Person or Persons who manage the system, or those Persons directly
responsible for pthering the information, the information submitted is, to the best of my Deleted: hu 16.2007
_tuh'30. 2-007redlined 1541___ Rev_ Ord_ Supp. -9196 _________________ 92--
'
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment
for knowing violations.,,
2. Certification statements shall be signed as follows:
a. By a responsible corporate officer, if the Industrial User submitting the reports
required by paragraphs 15.52.100(A)(B)(C) and 40 CFR 403.12(b), (d), or (e) is a
corporation. For the purpose of this paragraph, a responsible corporate officer means:
(1) A president, secretary, treasurer, or vice-president of the corporation in charge of
a principal business function or any other Person who performs similar policy- or
decision -malting functions for the corporation, or;
(2) The manager of one or more manufacturing, production, or operating facilities,
provided, the manager is authorized to make management decisions which govern
the operation of the regulated facility including having the explicit or implicit
duty of malting major capital investment recommendations, and initiate and direct
other comprehensive measures to assure long-term environmental compliance
with environmental laws and regulations; can ensure that the necessary systems
are established or actions taken to gather complete and accurate information for
control mechanism requirements; and where authority to sign documents has been
assigned or delegated to the manager in accordance with corporate procedures.
b. By a general partner or proprietor if the Industrial User submitting the reports
required by 1552.100 (A)(B)(C)(D) and 40 CFR 403.12(b), (d), or (e) is a partnership
or sole proprietorship, respectively.
c. By a duly authorized representative of the individual described in paragraph (2)a or
(2)b of this section if
(1) The authorization is made in writing by the individual designated in paragraph
(2)a or (2)b;
(2) The authorization specifies either an individual or a position having responsibility
for the overall operation of the facility from which the industrial Discharge
originates, such as the position of Plant Manager, operator of a well, or well field
superintendent, or a position of equivalent responsibility, or having overall
responsibility for environmental matters for the company; and
(3) The written authorization is submitted to the City.
d. If an authorization under paragraph (2)c of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the
facility, or overall responsibility for the environmental matters for the company, a
new authorization satisfying the requirements of paragraph (2)c of this section must
be submitted to the City prior to or together with any reports to be signed by an
authorized representative.
F. Notification of changed Discharge (40 CFR 403.120)). All Industrial Users shall promptly
notify the POTW in advance of any substantial change in the volume or character of
pollutants in their Discharge, including the listed or characteristic Hazardous Wastes for
which the Industrial User has submitted initial notification under 40 CFR 403.12(p).
Furthermore, all permittees shall give advance notice to the City of Petaluma of any planned
changes in the permitted facility or activity which may result in noncompliance with permit
requirements. Deleted: lune 10, 2007
July 30. 2007 redlined 1541 Rev. Ord. Supp. -9/96 ------------------ 93 .
G. Monitoring and analysis to demonstrate continued compliance.
I . The reports required in 15.52.100(A)(B)(C) of this section and 40 CFR 403.12(d) shall
contain the results of sampling and analysis of the Discharge, including the flow and the
nature and concentration, or production and mass where requested by the City, of
pollutants contained therein which are limited by the applicable Pretreatment Standards.
This sampling and analysis may be performed by the City in lieu of the Industrial User.
Where the POTW performs the required sampling and analysis in lieu of the Industrial
User, the User will not be required to submit the compliance certification required under
40 CFR 403.12(6)(6) and 40 CFR 403.12(d). In addition, where the POTW itself
collects all the information required for the report, including flow data, the Industrial
User will not be required to submit the report.
2. If sampling performed by an Industrial User indicates a violation, the User shall notify
the City within twenty-four hours of becoming aware of the violation. The User shall
also repeat the sampling and analysis and submit the results of the repeat analysis to the
City within thirty (30) days after becoming aware of the violation except the Industrial
User is not required to resample if:.
a. The City performs sampling at the Industrial User at a frequency of at least once per
month;
b. The City performs sampling at the User between the time when the User performs its
initial sampling and the time when the User receives the sampling results of this
sampling; or
c. Where the POTW has performed the sampling and analysis in lieu of the Industrial
User, the POTW must perform the repeat sampling and analysis unless it notifies the
User of the violation and requires the User to perform the repeat analysis. Repeat
sampling and analysis must be done within thirty (30) days of becoming aware of the
violation.
3. The reports required in paragraph 15.52.100(A)(B)(C)(D) of this section and 40 CFR
403.12(d) shall be based upon data obtained through appropriate sampling and analysis
performed during the period covered by the report, which data is representative of
conditions occurring during the reporting period. The City shall require that frequency
of monitoring necessary to assess and assure compliance by Industrial Users with
applicable Pretreatment Standards and Requirements. Grab Samples must be used for
PH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For
all other pollutants 24-hour Composite Samples must be obtained through flow -
proportional composite sampling techniques, unless time proportional composite
sampling or grab sampling is authorized by the City. Where time proportional
composite sampling or grab sampling is authorized by the City, the samples must be
representative of the Discharge and the decision to allow the alternative sampling must
be documented in the Industrial User file for that facility or facilities. Using protocols
(including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA
guidance, multiple Grab Samples collected in a 24-hour period may be composited in the
laboratory or in the field; for volatile organics and oil & grease the samples may be
composited in the laboratory. Composite Samples for other parameters unaffected by
the compositing procedures as documented in approved EPA methodologies may be
authorized by the City, as appropriate.
. { Deleted: unc I8, 2007
lnly '0. 2007 redlined_______________ 1541___Rev_Ord. Sapp. 9/9fi__________________ 9'4_
4. All analyses shall be performed in accordance with procedures established by the EPA
pursuant to section 40 CFR 304(h) of the Act and contained in 40 CFR 136 and
amendments thereto or with any other test procedures approved by the EPA. Sampling
shall be performed in accordance with the techniques approved by the EPA. Where 40
CFR part 136 does not include sampling or analytical techniques for the pollutants in
question, or where the EPA determines that the part 136 sampling and analytical
techniques are inappropriate for the pollutant in question, sampling and analyses shall be
performed using validated analytical methods or any other sampling and analytical
procedures, including procedures suggested by the POTW or other parties, approved by
the EPA.
5. If an Industrial User subject to the reporting requirements in paragraph 15.52.100(A) of
this section monitors any pollutant more frequently than required by the City, using the
procedures prescribed in paragraph (G)(4) of this section, the results of this monitoring
shall be included in the report.
H. The permittee shall furnish to the City of Petaluma, within thirty (30) days any information
which the City of Petaluma may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating this permit, or to determine compliance with this
permit. no permittee shall also, upon request, furnish to the City of Petaluma within five
(5) days copies of any records required to be kept by this permit,
1. Any permittee that experiences an upset in operations that places the permittee in a
temporary state of noncompliance with the provisions of either this permit or with Title 15
shall inform the City of Petaluma within twenty-four hours of becoming aware of the upset
condition.
J. The Industrial User shall notify the POTW, the EPA Regional Waste Management Division
City, and State Hazardous Waste authorities in writing of any Discharge into the POTW of a
substance, which, if otherwise disposed of, would be a Hazardous Waste under 40 CFR Part
261. Such notification trust comply with the requirements contained in 40 CFR 403.12(p).
K. All Categorical and non -Categorical Industrial Users shall notify the POTNV immediately of
all Discharges that could cause problems to the POTW, including any slug loadings, or any
changes at the facility affecting the potential for Slug Discharge as defined by 40 CFR
403.8(f)(2)(vi), 40 CFR 403.5(b), and 403.8(f)(2)(v).
A written follow-up report of the upset shall be filed by the permittee with the City
within five (5) days. The report shall specify:
I. Description of the upset, the cause(s) thereof and the upset's impact on the pemtittee's
compliance status;
2. Duration of noncompliance, including exact dates and times of noncompliance, and if
not corrected, the anticipated time the noncompliance is expected to continue; and
3. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an
upset.
If the report demonstrates that the treatment plant was operated in a prudent and
workmanlike manner and in compliance with this section, a documented and verified
operating upset may be used as alt equitable defense to mitigate any enforcement actions
brought against the pentitce.
L. Notice to employees - Discharge regulations. In order that employees of Users be informed
of City requirements, Users shall male available to their employees copies of these Deleted: June 18, 2007
,.lulv30.'007redlined 1541 Rev. Ord, supe 9196 __ 95
regulations 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.
15.52.080 Confidential information.
All User information and date obtained from reports, questionnaires, permit applications,
permits and monitoring programs and from inspections shall be available to the public or other
governmental agency without restriction unless the User specifically requests and is able to
demonstrate to the satisfaction of the City that the release of such information would divulge
information, processes or methods which would be detrimental to the User's competitive
position.
In accordance with 40 CFR part 2, any information submitted to EPA pursuant to these
regulations may be claimed as confidential by the submitter. Any such claim must be asserted at
the time of submission in the manner prescribed on the application form or instructions, or, in the
case of other submissions, by stamping the words "confidential business information' on each
page containing such information. If no claim is made at the time of submission, EPA may make
the information available to the public without further notice. If a claim is asserted, the
information will be treated in accordance with the procedures in 40 CFR part 2 (public
information).
When requested by the Person furnishing a report, the portions of the report which might
disclose trade secrets or secret processes shall not be made available for inspection by the public
but shall be made available to governmental agencies for uses related to Chapters 15.44 through
15.76 NPDES permit. Information shall also be made available for use by any federal, State, or
local agency in judicial review or enforcement proceedings involving the Person furnishing the
report. The User shall be notified when information, accepted by the City as confidential, is
transmitted to any governmental agency.
Information and data provided to the City pursuant to this part which is effluent data shall be
available to the public without restriction.
The City shall not be liable for damages to any permit applicant or User for any disclosure
of any secret furnished to the City.
All other information which is submitted to the City or POTW shall be available to time
public at least to the extent provided by 40 CFR 2.302 and/or the California Government Code
section 6251 et seq.
15.52.090 Special agreements.
Special agreements and arrangements between the City and any Persons or agencies may be
established when, as determined by the City, unusual or extraordinary circumstances compel
special terms and conditions. At no time shall special agreements by established when said
agreement violates any federal Pretreatment standards including but not limited to National
Categorical Pretreatment Standards or any State laws.
CHAPTER 1556
ACCIDENTAL DISCHARGE
.I Deleted: June 19, 2007
July 30.3_007_redlined________________1541__Rev. Ord. Supp. 9/96_________________96_
________
15.56.010 Protection against accidental Discharge.
Each User shall provide protection from accidental Discharge of prohibited materials
regulated by this chapter, by federal or State regulations or other wastes determined to be
harmful or hazardous by federal or State regulations into the City's Sanitary Sewer and/or Storm
Sewer. Facilities to prevent accidental Discharge of prohibited materials shall be provided and
maintained at the User's expense. Detailed plans showing facilities and operating procedures to
provide this protection shall be submitted to the City for review, and shall be approved by the
City before construction of the protective facilities. It is the User's responsibility to submit plans
which are in compliance with federal, State and local regulations.
The review and approval of such plans and operating procedures will in no way relieve the
User from the responsibility of modifying the facilities as necessary to provide the protection
necessary to protect the sanitary or Stonn Sewer system. The review and approval of such plans
will in no way relieve the User of any responsibility or liabilities in the event of a spill, Slug
Discharge, or accidental Discharge.
15.56.020 Notification of unauthorized/Accidental Discharge.
Users shall immediately notify by telephone the City at the water recycling facility as
designated in the permit or dial 911 upon accidentally discharging waste in violation of these
regulations and/or a slug load to enable counter measures to be taken by the City to minimize
damage to the sewerage system, the POTW and receiving water. The notification shall include
location of Discharge, type of waste, concentration and volume, and corrective actions. This
notification does not relieve the User of the responsibility of notifying all other required agencies
as outlined in the California Code of Regulations, Title 19, and other applicable regulations.
The initial notification shall be followed, within five (5) days of the date of occurrence, by a
detailed written statement to the City describing the cause of the accidental Discharge and the
measure being taken to prevent future occurrences. Such notification will not relieve Users of
liability for any expense, loss or damage to the sewerage system, or for any fines imposed by the
City, or for other violations of federal, State, or local law where applicable.
15.56.030 Unauthorized/accidental Discharge- Record keeping.
Any Person, firm or corporation responsible for any unauthorized (including accidental)
Discharge shall keep accurate records of the events of the Discharge at the time of the Discharge.
The record shall include all pertinent information related to the unauthorized Discharge,
including, but not limited to: dates, times, names of parties involved, volume of Discharge,
substance Discharged, agencies notified and corrective actions taken. Discharger shall keep all
records related to the unauthorized Discharge for at least three years or until the current permit
expires (five years). Records shall be available for review, by the City, upon request.
15.56.040 Unauthorized/accidental Discharge - Liabilities.
Any Person, firm, or corporation responsible for any unauthorized (including accidental)
Discharge shall institute and complete all actions necessary to remedy the effects of such
unauthorized Discharge, whether sudden or gradual, with the cost borne by the discharger. When
deemed necessary by the City, identification and clean-up may be initiated by the City or by an
authorized individual or firm. All cost associated with such clean-up, plus the current City
administrative and overhead cost shall be borne by the owner, operator or other Person
.� Deleted: lune 16,100]
Julv 30. ?007 redlined 1341 Rev. Ord. Su 9/96 97-,--
responsible for the unauthorized Discharge. These costs will be administratively imposed by the
City. In the event that the clean-up costs are less than the cost of legal disposal, an
administrative penalty will be levied. The mandatory minimum penalty will be the difference
between the cost of legal disposal and the actual cleanup cost. This mandatory minimum penalty
shall be cumulative to other potential penalties and enforcement remedies.
15.56.050 Unauthorized/accidental Discharge - Notice to employees.
A notice shall be permanently posted in a conspicuous place on the Premises of each
commercial or Industrial User advising employees whom to call in case of an accidental
Discharge in violation of these regulations. Employers shall insure that all employees wbo may
cause or suffer such a dangerous Discharge to occur are advised of the emergency notification
procedure.
In order that employees of Users are informed of the City requirements, Users shall make
available to their employees copies of these regulations together with such other Wastewater
information and notices which may be furnished by the City.
15.56.060 Prevention of accidental Discharges.
The User shall provide adequate containment, including secondary containment where
necessary, of all persistent deleterious waste products. The User shall be responsible for
protecting the City Sewer inlets from intentional or unintentional Discharges of non -approved
incompatible wastes. All points of entry to the Sanitary Sewer are subject to review and
approval by the City.
Potential points of entry of Incompatible Pollutants must be clearly labeled to wam against
accidental Discharge Every permitted User shall submit with the semiannual compliance
monitoring report a statement to the City declaring whether there have or have not been
Discharges in violation of these regulations during the previous six (6) months. If there have
been Discharges in violation, an explanation of the circumstances and corrective action taken is
required for each incident.
15.56.070 Accidental Discharge — Development of a slug control plan.
The City shall evaluate, at least once every two (2) years, whether each such Significant
Industrial User needs a plan to control Slug Discharges. The City may evaluate whether non-
domestic Users which are not classified as Significant Industrial Users need such a plan. If the
POTW decides that a slug control plan is needed, the plan shall contain, at a minimum, the
elements described in 15.44.020, definition number 71.
CHAPTER 15.60
SAMPLING AND INSPECTION
15.60.010 Sample collection.
The collection of samples of Wastewater for the measurement of constituents controlled by
Federal Pretreatment Standards shall be at the end of the industrial process sewer line, or after
Pretreatment of combined process flows, and prior to the addition of Diluting Waters, if feasible,
and shall be determined at the control manhole or upon suitable samples taken at said control
{Deleted: Jwe 18, 2007
Iu1v'0.2007redlined 1541 Rev_ Ord_ Supp. 9196 98
manhole. In the event no special manhole has been required, the control manhole shall be
considered to be the nearest access determined as suitable by the City.
All sampling and analysis to be performed by the Industrial Users shall be performed in
accordance with the techniques prescribed in 40 CFR 136 and amendments thereto, otherwise
approved by EPA, or as specified by the City.
15.60.020 Monitoring facilities.
A. Each permitted industrial User, upon determination by the City, shall be required to famish
and install (or, at the City's option, reimburse the City for such procurement and installation)
on each Discharge line to the City's collection system:
1. A flaw -weighted, composite sampler with protective enclosure;
2. A flow -actuated and/or time -actuated 'gab' sampler with protective enclosure; and
3. A continuous recording flow -meter with logger and protective enclosure.
B. The City may, when necessary, also require Users to install such monitoring and recording
devices necessary to monitor any of the following parameters:
1. pH
2. Dissolved oxygen (DO)
3. Total carbon (TC)
4. Oxidation/reduction potential (ORP)
5. Temperature
6. Conductivity
C. Those Industrial Users designated by the City, shall construct, at their own expense, a
Wastewater metering and sampling station, together with the corresponding flow measuring
and sampling equipment. This station shall be constructed on the Building Sewer lateral and
at a location approved by the City. This station shall be accessible to the Industrial Waste
Inspector at all times. Construction shall be completed prior to Discharge into the server or
in accordance with an approved schedule. The City may require such installations on each
Building Setter lateral.
1?. The monitoring station should be situated on the User's Premises. The City may, when such
a location is impractical or causes undue hardship on the User, allow the station to be
constructed in the public street or sidewalk area. The station location will not be obstructed
by fencing, landscaping or parked vehicles so as to prevent reasonable access for City
Inspectors.
In the event that a monitoring facility is allowed to be constructed in the public street or
sidewalk area, the User shall indemnify, hold harmless and defend the City against any
claim, cause of action, disability, loss, liability, damage, cost or expense, which in any way
arises out of the monitoring facility or its use.
E. Whether constructed on public or private property, the station shall be built and maintained
in accordance with the City's requirements and all applicable local construction standards,
codes and specifications. There shall be ample room in or near tate station to allow accurate
sampling and sample preparation. Construction shall be completed within ninety (90) days
following written notification by the City that such monitoring facilities are required, unless a
time extension is granted by tate City.
F. The station, sampling and measuring equipment shall be maintained at all times in a safe and
proper operating condition at the expense of the User. { Deleted; June Is, 3007
IvIv,O._007 redlined _1541_- Rev_ Ord_ Supp.9196_ ----------- ___99_
G. The flow -measuring device may be connected to a data logger when requested by the City
which will be able to interface with the City's computer.
H. Any Person who intentionally or negligently tampers, falsifies, or Imowingly renders
inaccurate any monitoring device shall be punished by a fine of not more than ten thousand
dollars, or imprisonment in a county jail for not more than six (6) months or both.
1. In the event that the installation of a monitoring facility is not practical, the point of
monitoring and inspection may be other alternatives approved by the City.
15.60.030 Metered Wastewater Discharge, water supply and diversions.
A. User charges and fees shall be based on the total amount of Wastewater Discharged to the
Sanitary Sewer. Where feasible, the effluent from Significant Industrial Users and those
having the potential to interfere with the City's operation of the system, shall be metered in a
manner approved by the City. These meters shall be installed and maintained at the User's
expense. Meters shall be calibrated annually by a third party testing firm at the User's
expense, unless otherwise specified in User's permit. Specification for flow monitoring
installations, maintenance and calibration shall be designed by a California Registered
Professional Engineer and meet all engineering standards and practices.
B. For Users where effluent metering is not feasible, fees shall be based on the total water used
from all sources unless, in the opinion of the City, significant portions of water received are
not discharged to a Sanitary Sewer. The total amount of water used from public and private
sources will be determined by means of public meters or private meters, installed and
maintained at the expense of the User as approved by the City. Meters shall be calibrated
annually by a third party testing firm at the User's expense. Specification for flow
monitoring installations, maintenance and calibration shall be designed by a California
Registered Professional Engineer and meet current engineering standards and practices for
similar applications.
C. For Minor Users where, in the opinion of the City, a significant portion of the water received
from any metered source does not flow into the Sanitary Sewer because of the principal
activity of the User or removal by other means, written notification and proof of the diversion
of water must be provided by the User, if the User is to avoid the application of the User
charges and fees against the total amount of water used from all sources. Meters shall be
calibrated annually by a third party testing firm at the User's expense. Specification for flow
monitoring installations, maintenance and calibration shall be designed by a California
Registered Professional Engineer and meet all engineering standards and practices. The User
must install a meter of a type and at a location approved by the City and at the User's
expense. Such meters may measure either the amount of sewage Discharged or the amount
of water diverted.
15.60.040 Self-monitoring.
The City may require any User to self -monitor to determine the characteristics of the
Discharge to the public sewer system.
Where self-monitoring is performed, such monitoring shall be provided by the User at the
User's expense. Sampling shall be performed at the direction of a California Registered
Professional Engineer or as otherwise set forth in User's permit. Testing shall be performed by a
laboratory which has been certified by the department of health services for the analytes tested
. � Deleted: June I0,'_o07
Julv30 '007redlined 1341 Rev. 100
___ ________ ___________________ ___
using the methods specified in 40 CFR 136. All self-monitoring results and chain of custody for
samples collected shall be submitted to the City.
15.60.050 Inspection and sampling.
A. The City or designee may carry out all inspection, surveillance and monitoring procedures
necessary to determine, independent of information supplied by the Industrial Users,
compliance or noncompliance with applicable Pretreatment Standards, State regulations, and
local regulations by Industrial Users. Persons or occupants of Premises where Wastewater is
created or Discharged shall allow the City or the City's designee(s) ready access at all times
to all parts of the Premises where pollutants are stored, used, treated or disposed of for the
purpose of inspection, sampling, records examination, records copying or in the performance
of any of their duties. No Person shall interfere with, delay, resist or refuse entrance to an
authorized designee attempting to inspect any Wastewater generation, conveyance or
Treatment facility connected directly or indirectly to the City's sewerage system.
Where the User has security measures in force which would require proper identification
and clearance before entry into its Premises, the User shall make necessary arrangements
with its security guards, so that upon presentation of suitable identification, personnel from
the City will be permitted to enter without delay for the purpose of performing their specific
responsibilities.
B. The City and Approval Authority shall have the right to set up on the User's property such
devices as are necessary to conduct sampling or metering operations and has the right to
require installation of permanent monitoring equipment.
C. The City and Approval Authority shall have the right to evaluate each permitted Industrial
User for the need of a slug control plan. The plan, if required, shall contain, at a minimum,
the elements specified in 40 CFR 403.8(f)(2)(v).
15.60.060 Maintenance of monitoring records.
Any Industrial User shall retain for a minimum of three (3) }ears any records of monitoring
activities and results resulting from all sampling or monitoring performed for analysis of the
federal, State or local regulated contaminates. Such records shall include for all samples:
A. The date, exact place, method, and time of sampling and the narne(s) of the Person(s) taking
the samples,
13. The dates analyses were performed,
C. Who performed the analyses,
D. The analytical techniques and/or methods used,
E. The results of such analyses.
This period of retention shall be extended during the course of any unresolved litigation
regarding the Discharge of pollutants by the Industrial User or the operation of the POTW
Pretreatment Program, or when requested by the City, the regional board or any State or federal
agency. Records shall be available to the City for inspection and copying.
15.60.070 Industrial User Pretreatment.
A. When deemed necessary by the City, the User shall, at his own expense, provide Treatment
or take such other measures required in order to reduce any nuisance, characteristics,
content, or rate of Discharge of wastes being Discharged to the Sanitary Setter system so
. {Deleted; Jvne 18, 2007
,July "0. 2007 redlined1541 Rev. Ord. Supp. W96 101
that there is no damage to the sewer system or any undue Interference with its operation.
B. Detailed plans showing the Pretreatment facilities and an operation and maintenance manual
shall be submitted to the City for review and shall be acceptable to the City before
construction of the facility. The review of such plans and operating procedures will in no way
relieve the User from the responsibility of modifying the facility as necessary to produce an
effluent acceptable to the City under the provisions of Chapters 15.44 through 15.76. Any
subsequent changes in the Pretreatment facilities or method of operation shall be reported to
and be acceptable to the City prior to the User's initiation of the changes.
C. Bypass of Treatment Facilities.
1. Bypass of an Industrial User Pretreatment process is prohibited unless it is unavoidable to
prevent loss of life, personal injury, or severe property damage or no feasible alternatives
exist.
2. The permittee may allow Bypass to occur which does not cause its effluent limitations to
be exceeded, but only if it is also for essential maintenance to assure efficient operation.
3. Notification of Bypass:
a. Anticipated Bypass. If the permittee knows in advance of the need for a Bypass, it
shall submit prior written notice, at least ten (10) days before the date of the Bypass,
to the City.
b. Unanticipated Bypass. The permittee shall immediately notify the City and submit a
written notice to the POTW within five (5) days. This report shall specify:
(1) A description of the Bypass, and its cause, including its duration;
(2) Whether the Bypass has been corrected; and
(3) The steps being taken or to be taken to reduce, eliminate and prevent a
reoccurrence of the Bypass.
D. All records relating to compliance with the requirements of Chapters 15.44 through 15.76 or
other Pretreatment regulation shall be made available to the City for inspection and copying.
CHAPTER 15.64
SURCHARGES AND FINES
15.64.010 Abnormal sewage surcharge.
A. Any User generating Abnormal Sewage which exhibits none of the characteristics of waste
prohibited in Section 15.48.020, or in excess of limitations stated in Section 15.48.030, but
which has:
1. As an average concentration of suspended solids or BOD content in excess of domestic
sewage (250 mg/L) during a twenty-four hour period, and/or
2. Oil and grease content in excess of domestic sewage (50 mg/L) during a twenty-four hour
period, and/or
3. Other constituents as deemed necessary by the Director of Water Resources and
Conservation.
B. Prior to imposition of a surcharge, the User shall be notified in writing that the waste
Discharge exceeds the Abnormal Sewage Discharge criteria. If after sixty (60) days of the
date of notice, the Abnormal Sewage Discharge has not been corrected the User must enter
into a surcharge agreement or be disconnected from the City's sewer system. The surcharge
. {Deleted: lune IB, 20U7
.JuIv30._'007redlined 1511___ Rev_ Ord_ Supp. 9196 ________________ 103_.
will be adjusted on billings for the billing period following submission of new data.
Surcharge values for each industry will be determined by the City using twenty-four hour
composite sampling.
C. Payment of a sewage surcharge in no way relieves the User of the Discharge Prohibitions set
forth in Chapter 15.48.
D. The User may elect to sample the Discharge at its own expense. Sampling done by the User
shall be under the direction of a registered professional engineer employed by the User and
reports submitted to the City shall contain a statement that the samples collected and values
determined are based on a twenty-four hour composite representative of the establishment's
flow.
E. Computation of each surcharge, as applicable, shall be based on the following:
S= V x 8.34 x A x (BOD -250)
S= V x 8.34 x B x (TSS -250)
S= V x 834 x C x (oil and grease -50)
S = Surcharge in dollars for the billing period.
V = Wastewater flow in millions of gallons during the billing period.
8.34 = Weight of Seater in pounds per gallon.
A = Unit charge in dollars per pound for BOD as established in the Sewer Rate Schedule
in effect at tate time of the billing.
B = Unit charge in dollars per pound for TSS as established in the Sewer Rate Schedule in
effect at the time of the billing.
C = Unit charge in dollars per pound for TSS as established in the sewer rate schedule in
effect at the time of the billing.
D = Unit charge in dollars per pound for TSS times three.
BOD = five (5) day Biochemical Oxygen Demand in mg/L.
TSS = Total Suspended Solids in mg1L.
250 =Normal BOD and TSS in mgt in domestic sewage.
50 =Normal oil and grease in mgt7. in domestic selvage.
15.64.020 Estimated industrial surcharge for strength group.
A. The City shall classify Minor User establishments which routinely Discharge BOD and TSS
concentrations exceeding 250 mg/L by strength of Wastewater. Commercial customers shall
be assessed a variable User charge in accordance with the Sewer Rate Schedule in effect at
the time of the billing based on the strength of the Wastewater, Low, Medium, or High.
Assignment to Low, Medium, or High strength shall be as determined by the City, or based
on laboratory analyses of the non-residential User's Wastewater. The sampling must be done
under the direction of a California Licensed Professional Engineer and all analyses compliant
with 40 CFR 136.
B. If an establishment contains operations from more than one of the strength groups, and the
City determines that time surcharge rate for a particular strength group would not adequately
compensate die City for its cost of Treatment, the City may:
1. Assess a surcharge rate based on a proportional average of the strength group rates
involved;
2. Require the establishment to be billed for an industrial surcharge computed under Section
15.64.010. Deleted: lune 18, 2007
iuiv-0._007redlined__________,____1541 liev.Ord. supp_9/96 --- ______103
C. The owner or agent of the owner of an establishment classified into a strength group may
elect to have the permitted Industrial User surcharge billed directly under Section 15.64.010
rather than under this section by making application to the City, receiving the City's approval
and paying the required sampling costs.
CHAPTER 15.68
ENFORCEMENT
15.68.010 Harmful contributions.
The City may suspend the Wastewater Treatment service and/or a Wastewater Discharge
permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or
threatened Discharge which presents or may present, alone or in contribution with other
discharges, an imminent or substantial endangerment to the health or welfare of Persons, to the
environment, causes Interference, or causes the City to violate any condition of its NPDES
permit, or the General Water Reuse Permit, sludge disposal regulations or air quality standards.
The Cit, may deny or condition new or increased contributions of Dollutants. or chanties in the
nature of nolhutants. to the POTW by industrial users where such contributions do not meet
anDlicable oretreatment standards and reeuirements or where such contributions would cause the
POT\v to violate its NPDES Demtit 40 CFR 403.5(f1(1)(i). or the General Water Reuse Pemlit
sludge disposal regulations or air oualin, standards.
Any Person notified of a suspension of the Wastewater Treatment service and/or the
Wastewater Discharge permit shall immediately stop or eliminate the contribution. In the event
of a failure of the Person to comply voluntarily with the suspension order, the City shall take
such steps as deemed necessary including immediate severance of the sewer connection, to
prevent or minimize the threat of Interference or damage to the Community Sewers or POTW or
the endangerment to any individuals. The City shall reinstate the Wastewater Discharge permit
and/or the Wastewater Treatment service upon proof of the elimination of the non-compliant
Discharge. A detailed written statement submitted by the User describing the causes of the
harmful contribution and the measures taken to prevent any future occurrence shall be submitted
to the City within five (5) days of the date of occurrence.
15.68.020 Remedies for Non-compliance.
A. Issuance of cease and desist. When the City finds that a Discharge of Wastewater has taken
place or is likely to take place in violation of these regulations, or the provisions of a
Wastewater Discharge permit, the City may issue an order to cease and desist such
Discharge, or practice, or operation likely to cause such Discharge and direct those Persons
not complying with such prohibitions, limits requirements, or provisions to:
1. Comply forthwith;
2. Comply in accordance with a time schedule set forth by the City; or
3. Take appropriate remedial or preventive action.
B. Seek Injunctive Relief. Whenever a User has violated or continues to violate the provisions
of this Ordinance or permit or order issued hereunder, the City through counsel may petition
the Court for the issuance of a preliminary or permanent injunction or both (as may be
appropriate) which restrains or compels the activities on the part of the Industrial User.
. � Deleted: Jwe IB, 2007
Julv30.2007redlined1541___ Rev_ Ord. Supp_ 9/96 ________________ 104
_______________
_____
C. Consent Order. The City is hereby empowered to enter into Consent Orders, assurances of
voluntary compliance, or other similar documents establishing an agreement with the User
responsible for the noncompliance. Such orders will include specific action to be taken by
the User to correct the noncompliance within a time period also specified by the order.
Consent Orders shall have the same force and effect as administrative orders issued pursuant
to the paragraph below entitled "Compliance Order".
D. Compliance Order. When the City finds that a Discharge of Wastewater is taking place, has
been taking place or threatens to take place, in violation of prohibition or limitations
prescribed in this Ordinance, effluent limitations or Pretreatment Standards, or the provisions
of a Wastewater Discharge permit, the City may; at the City's discretion, issue a compliance
order requiring the User to submit for approval, with such modification as the City deems
necessary, a detailed time schedule of specific actions which the User shall take in order to
prevent or correct a violation of these regulations, or of any permit issued pursuant to these
regulations, and to take such action in accordance with such schedule.
Nothing provided in this section shall limit or prohibit the City from pursuing any other
remedy, legal or equitable, otherwise available to the City, or from seeking sanctions in any
administrative, criminal or civil action related to such Discharge or potential Discharge.
E. Administrative fines/civil penalties.
1. When the City finds that a User has violated, or continues to violate, any provision of
these Chapters 15.44 through 15.76, a Sewer Use Permit or order issued hereunder, or
any other Pretreatment Standard or requirement, the City may proceed with issuing a civil
administrative complaint setting forth the violations and the administrative penalty to be
imposed, which shall not be in an amount not less than that set forth in the Enforcement
Response Plan. The City shall and proceed in a manner consistent with the procedures set
forth in Government Code § 547405.
2. The administrative complaint shall be served by personal delivery or certified mail upon
the User and shall inform the User that a hearing shall be conducted within sixty (60)
days unless waived by User or an alternative date is set by stipulation. If after a hearing a
Person is dissatisfied with the decision of the hearing officer they may appeal to Ile City
Council by filing a written request for an appeal within thirty (30) days of the Notice of
the hearing officer's decision.
3. Civil penalties may be imposed by the City pursuant to this administrative complaint
process as follows:
a. In an amount which shall not exceed two thousand dollars ($2,000) (two thousand
dollars for each day for failing or refusing to furnish technical or monitoring reports).
b. In an amount which shall not exceed three thousand dollars ($3,000) (three thousand
for each day for failing or refusing to timely comply with any compliance schedule
established by the City.
c. In an amount which shall not exceed five thousand dollars ($5,000) per violation for
each day for discharges in violation of any waste discharge limitation, permit
condition, or requirement issued, reissued or adopted by the City.
d. in an amount which shall not exceed ten dollars (SIO) per gallon for discharges in
violation of any suspension, cease and desist order or orders or prohibitions issued,
reissued or adopted by the City.
e. The amount of any civil penalties imposed under this administrative complaint
{Deleted: lune IB, lou?
Tulv ;6,'p07redlined __.---------- ._1541__ Rev. Ord. 5upp.9196----------- .------- 105,.
procedure which remain delinquent for a period of sixty (60) days shall constitute a
lien against the real property of the Discharger consistent with the terms of
Government Code §§ 54740.5 and 54740.6.
4. In fixing the amount of the civil administrative penalty pursuant to this paragraph, the
City shall take into account all relevant circumstances including, but not limited to the
extent of harm caused by the violation, the economic benefit derived through any non-
compliance, the nature and persistence of the violation, the length of time over which the
violation occurs and corrective action, if any attempted or taken by the Discharger.
5. Procedures set forth in California Government Code §§ 54725 through 54740.6 shall
control with regard to the City's enforcement through this civil administrative penalty
process, whether or not the procedures are specifically set forth in this Ordinance. To the
extent that the procedures set forth in Government Code §§ 54725 through 54740.6 are
inconsistent with other enforcement procedures of the City generally found in Chapters
1.10 through 1.15 of the City Code, the procedures set forth in Government Code §§
54725 through 54740.6 shalt apply to the extent the City is proceeding with civil
administrative penalties pursuant to this Section or seeks civil penalties pursuant to §
54740 of the California Government Code as set forth in paragraph F below.
6. Issuance of an administrative complaint seeking penalties shall not be a bar against, or a
prerequisite for, taking any other action againsttheUser.
I'. Civil penalties. Any Person who without regard to intent or negligence violates any
provisions of these regulations, or of any provisions of any permit issued pursuant to these
regulations, or whose Discharges cause Interference, Pass Through, contamination, Nuisance,
Pollution, or who violates any order, termination of service prohibition, effluent limitation,
national standard of performance or national Pretreatment or toxicity standard or
requirement, shall be civilly liable to the City in a sunt not to exceed twenty-five thousand
dollars (525,000) for each day in which the violation occurs for as long as the violation
continues. In addition to the above described civil penalties, the City may recover actual
costs and damages incurred and reasonable attorney's fees, court costs, and other expenses
associated with the enforcement activities, including sampling and monitoring expenses. The
City may petition the Superior Court to impose, assess and collect such sums pursuant to this
chapter and California Government Code § 54740, et seq. In determining amount of liability,
the Court shall take into account all relevant circumstances, including, but not limited to, the
extent of harm caused by the violation, the magnitude and duration, any economic benefit
gained through the Industrial User's violation, corrective actions by die Industrial User, the
compliance history of to User, and any other factor as justice requires.
G. Criminal penalties. Any Person who intentionally or negligently violates any provision of
this Ordinance, or of any permit issued pursuant to these provisions, or who Discharges
Wastewater which causes Interference, Pass Through, Pollution or who violates any order,
prohibition, effluent limitation, national standard of performance, Pretreatment or toxicity
standard shall be liable, upon conviction thereof, of a misdemeanor, with a maximum fine of
one thousand dollars (S1,000) or to imprisonment for not more than six (6) months in the
county jailor both, for each violation. Each Person shall be guilty of a separate offense for
each and every day during any portion of which any violation of any provision of this
Ordinance (Chapters 15.44 through 15.76) is committed or permitted by such Person.
f
du _-_------ J Deleted: lune l B. 2007
I
duty 30. _'007 redlined r5t7 7te}•. Ord. Supp. 91s6 _ _ _ _ _ _ _ _ 106
15.68.030 Emergency correction.
In the event clean-up, repairs, construction, or other public work is performed on any
Premises pursuant to any provision of law relating to the emergency pursuant to any other
provision of law authorizing public work on private property in order to correct eliminate or
abate a condition upon such Premises which threatens to cause, causes, or has caused a violation
of any provisions of these regulations, or any permit issued pursuant to these regulations, or of
any other requirement of law, the User responsible for the occurrence or condition giving rise to
such work, the occupant and the owner of the Premises shall be liable jointly and severally to the
City for such public expenditures including overhead costs.
15.68.040 Damage to facilities.
When a Discharge of waste causes an obstruction, damage, or other impairment to City
facilities including, but not limited to, the City sewage system or Wastewater Treatment plant,
the City may assess a charge against the User for the work required to clean, repair and/or
replace the facility including overhead costs, and add such charge to the User's charges and fees.
The City shall have such authorities to collect these fees as it has to collect other sewer service
charges.
15.68.050 Revocation of permit.
Any User who violates the following conditions of the permit or any conditions of these
regulations, or applicable federal, and State regulations, is subject to having its permit revoked:
A. Failure of a User to factually report the Wastewater constituents and characteristics of his
Discharge;
B. Failure of the User to report significant changes in operations, or Wastewater constituent and
characteristics;
C. Refusal of reasonable access to the User's Premises for the purpose of inspection or
monitoring;
D. Violation of conditions of these Chapters 15.44 through 15.76 or of the permit conditions;
E. Failure to pay applicable fees and charges. ✓
15.68.060 Notification of violation.
Whenever the City finds that any User has violated or is violating Chapters 15.47 through
15.76, the Wastewater Discharge permit or any prohibition, limitation of requirements contained
herein, the City may serve upon such User a written notice stating the nature of the violation. A
plan for the satisfactory correction thereof shall be submitted to the City by the User.
15.68.070 Falsifying information.
Any User who knowingly makes any false statements, representation, records, reports, plan or
other document filed with the City, or who knowingly renders inaccurate any monitoring device
or method required under these regulations, shall be guilty of a misdemeanor as more
particularly set forth in Section 15.68.020G above. The City attorney, upon order of the City
Council, shall petition the court of appropriate jurisdiction to impose, assess, and recover such.
15.68.080 Public Nuisance.
Discharges of Wastewater in any manner in violation of this Ordinance (Chapters 15.44 { Deleted: J.e Is, ID07
July 30.2 -007 -redlined 1341 Rev. Ord. Su 9(96 107,
through 15.76), applicable federal or State regulations or any order issued by the City as
authorized by this Chapter, is hereby declared a public Nuisance and shall be corrected or
abated as directed by the City. Any Person creating a public Nuisance shall be subject to the
provisions of the Chapters 1.10 through 1.15 of the City Code.
15.68.090 Termination of service.
The City may revoke any Wastewater Discharge permit, and/or terminate, or cause to be
terminated Wastewater service to any Premises if a violation of any provisions of this Ordinance
(Chapter 15.44 through 15.76) is found to exist, or if a Discharge of Wastewater causes or
threatens to cause, alone or in combination with other Discharges, a condition of contamination,
Pollution, Interference, Pass Through, affect public health or cause a Nuisance. if service is
terminated it shall be unlawful for any Person to Discharge any material to the City's
Community Sewer. This provision is in addition to other statutes, rules, or regulations,
authorizing termination of service for delinquency in payment.
15.68.100 Civil and criminal liability.
Nothing in this Ordinance shall be construed to relieve a User from civil and/or criminal
penalties for non-compliance under this Chapter 15.68 or State or federal laws or regulations.
15.68.110 Remedies cumulative.
The remedies provided for in this article shall be cumulative and not exclusive, and shall be
in addition to any and all other remedies available to the City.
15.68.120 Severability.
If any provision of this Ordinance (Chapters 15.44 through 15.76) or the application to any
Person or circumstances is held invalid, the remainder of the regulations or the application of
such provisions to other Persons or other circumstances shall not be affected.
15.68.140 Public notification.
The City will comply with public participation requirements of 40 CFR Part 25 in the
enforcement of National Pretreatment Standards. The City will annually provide public
notification in a newsoaner of general circulation that orovides meaningful public notice e ithin
he jurisdiction served by the POTW of ll Industrial Users which, at any time during the_ -� Deleted:, in the loreest daily
previous twelve (12) months were in Significant Noncompliance as defined in 15.44.020 of this newspaper published in this municipality,
ordinance with applicable Pretreatment Requirements.
15.68.150 Responsibility.
The primary responsibility for enforcement of the provisions of this Ordinance (Chapters
15.44 through 15.76) shall be vested in the Director of Water Resources and Conservation or his
or her designees and the agents of the City as it may designate; and provided further, that field
Inspectors or other employees of the City are hereby authorized to act as agents of the City for
and on behalf of the City with the power to inspect and issue citations for violations of the
provisions set forth in these Chapters 15.44 through 15.76. The City Council may at any time
designate an alternate Person or position to be the individual primarily responsible for
enforcement of these provisions without amendment of this Ordinance.
. � Deleted: hunt 18,'_00]
-iuly _ 0. _007 redlined 1341 Rev. Ord. Su 9/96 108,
15.68.160 Code enforcement procedures.
With the exception of the procedures applicable to Section 1_5.68.020 E and F, which are
provided for in Government Code §§ 54740 and 547405 et seq., the enforcement, due process
and notice of procedures (including use of NOVs, order to show cause hearings and similar
procedures) shall be those applicable to code enforcement matters as set forth in Chapters 1.10
and 1.15 of the City Code. Any inconsistency between the enforcement provisions of Chapter
1.10 through 1.15 and procedures set forth in this Chapter 15.68 should be interpreted in the
manner to reconcile these provisions with Chapters 1.10 through 1.15; provided, however, the
procedural requirements of Government Code §§ 54740 et seq. shall prevail where applicable.
CHAPTER 15.72
CHARGES AND FEES
15.72.010 Purpose.
It is the purpose of this article to provide for the fair and equitable recovery of costs from
Users of the City's Wastewater disposal system for the implementation of the program
established herein. The applicable charges or fees shall be set forth in the City's Schedule of
Charges and Fees which is adopted by resolution, and is subject to periodic change to reflect
changes in cost of operating the program.
15.72.020 Types of charges and fees.
The City may adopt charges and fees which may include:
A. Fees for reimbursement of costs of setting up and operating the City's Pretreatment program.
B. Charges for connection to the City Sewer.
C. Fees for monitoring, inspections and surveillance procedures.
D. Charges for service based on Wastewater constituents and characteristics.
E. Fees for reviewing Accidental Discharge prevention procedures and construction plans.
F. Fees for permit applications and User classification.
G. Charges for maintenance expenses attributable to a User's Discharge or actions such as
preventive maintenance cleaning of blockages and repairs of breakage.
H. Fees for filing appeals. y
I. Fees for disposal permitting, and disposal of septic from waste haulers.
T. Fees for discontinuance of service.
K. Other fees as the City may deem necessary to carry out the requirements contained herein;
these fees relate solely to the matters covered by these rules and regulations and are separate
from all other fees chargeable by the City.
CHAPTER 15.76
PAYMENTS AND ACCOUNTING
15.76.010 Utility accounting.
An accounting system shall be maintained in accordance with generally accepted accounting
. i Deleted: June Ie, 1_007
July :0. 2007 redlined 1541 Rev. Ord. Su 9196 109 .
.._____________________________ PP___________ _____
principles. It shall be sufficient in detail to demonstrate that collections and disbursements are
made in compliance with the intents and purposes of State and federal regulations. Separate
accounting shall be maintained for the Wastewater system, sewage collection system, Storm
Water system, and other facilities serving the City service area.
15.76.020 Disposition of funds.
That portion of sewer service charges and connection fees used for the annual acquisition,
construction, reconstruction, replacement, and debt retirement of the Wastewater Treatment
system shall be deposited into the Wastewater capital recovery fund and shall be expended and
invested in accordance with State and federal regulations and guidelines. All other charges and
fees shall be deposited in the sewer utility fund and shall be accounted for separately.
Disbursement of funds shall be for operation and maintenance expense of the entire sewerage
system, capital -related expense of the collection system and other facilities exclusively serving
the City service area; and interest expense on debt issued for Sewage System acquisition,
construction, reconstruction, or replacement.
15.76.030 Payment of charges and delinquent charges.
All sewer charges shall become due and payable at the office of the City finance department
on the date of presentation thereof and shall become delinquent on the thirtieth (30I') day after
the date of presentation, except that closing bills, where service is discontinued, will be due and
payable on date of presentation and collection will be made at the time of presentation. Fines are
due as stipulated by the Director of Water Resources and Conservation.
S.\wmer ns..n & wnsmvtion\R'nslrnvmd6240\OrdinwcelPemlumn Sewer Use Ordinnn.e lune 1 2007 FinnI.DOC
949729 .
1 Deleted: lune 19,'_007
JuIv 30. ]007 redlined _ _ _ _ _ _ _ _ _ _ 1541 _ _ Rev_ Ord. Supp. 9196 110
APPENDIX C
CITY OF PETALUMA
RESOLUTION ADOPTING
ENFORCEMENT RESPONSE PLAN
111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PETALUMA REPEALING AND RE -ADOPTING AN
ENFORCEMENT RESPONSE PLAN IN ACCORDANCE WITH
PART III OF TITLE 15 OF THE PETALUMA MUNICIPAL CODE
GOVERNING SEWERS AND SEWAGE DISPOSAL AND THE
PRETREATMENT PROGRAM REQUIREMENTS CONTAINED IN
40 CFR 403.80(5)
9 WHEREAS, the City Council of the City of Petaluma has introduced an update to the
10 sewer use requirements contained in Chapters 15.40, 15.44, 15.48, 15.52, 15.56, 15.60,
11 15.64, 15.68, 15.72, and 15.76 Part Ill of Title 15 of the Petaluma Municipal Code
12 concerning City sewer construction and use; and
13
14 WHEREAS, such chapters authorize the City of Petaluma to enforce all applicable
15 pretreatment standards as described in such chapters in accordance with applicable
16 federal and state law and regulations,; and
17
18 WHEREAS, regulations promulgated by the U.S. Environmental Protection Agency
19 ("USEPA") at 40 CFR 403.8(f)(5) require publicly owned treatment works ("POTW") to
20 develop and implement an enforcement response plan containing detailed procedures
21 indicating how the POTW will investigate and respond to instances of industrial user
22 non-compliance; and
23
24 WHEREAS, the Enforcement Response Plan attached to and made a part of this
25 resolution as Exhibit A has been developed to ensure that all users are in compliance with
26 the City's sewer use requirements, including applicable federal and state law and
27 regulations, and to provide for fair and effective enforcement of such requirements in
28 accordance with 40 CFR 403.8(f)(5); and
29
30 WHEREAS, adoption and implementation of the Enforcement Response Plan as
31 required by 40 CFR 403.8(f)(5) is exempt from the California Environmental Quality Act
32 ("CEQA") in accordance with Section 15308 of the CEQA Guidelines as action by a
33 regulatory agency as authorized by state law or local ordinance to assure the
34 maintenance, restoration, enhancement, or protection of the environment; and
35
36 WHEREAS, on June 18, 2007, the Petaluma City Council introduced an ordinance
37 repealing and reenacting Chapter 15.40, 15.44, 15.48, 15.52, 15.56, 15.60, 15.64, 15.68,
38 15.72, and 15.76 of Part III of Title 15 of the Petaluma Municipal Code concerning sewer
39 construction and use, and that same day, pursuant to Part III of Title 15 of the Petaluma
40 Municipal Code and 40 CFR 403.8(f)(5), adopted Resolution No. 2002-110 N.C.S.
41 adopting an Enforcement Response Plan; and
42
43 WHEREAS, the City of Petaluma received seven comments from the Regional Water
44 Quality Control Board which have been incorporated in an amended ordinance repealing
45 and reenacting Chapters 15.40, 15.44, 15.48, 15.52, 15.56, 15.60, 15.64, 15.68, 15.72,
H:\Word\P0L1CY\Sewcr Resolution (clean) (7.31.07).doc
Ill
I and 15.76 of Part III of Title 15 of the Petaluma Municipal Code concerning sewer
2 construction and use;
4 NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Petaluma
5 as follows:
6
7
1.
The above recitals are true and correct and hereby declared to be findings of
8
the City Council of the City of Petaluma.
9
2.
Resolution No. 2002-110 N.C.S. adopted June 18, 2007, is repealed.
10
3.
The Enforcement Response Plan attached to and made a part of this resolution
11
as exhibit A is hereby approved and adopted.
12
4.
The Director of the Department of Water Resources and Conservation
13
("Director") is authorized and directed to implement the City's Enforcement
14
Response Plan in accordance with the requirements of 40 CFR 403.8(1)(5) and
15
other applicable law and the Director of Water Resources and Conservation is
16
directed to monitor sewer use laws and regulations applicable to the City's
17
sewer use requirements and return to the City Council from time to time with
18
recommendations for updates to the City's sewer use requirements to ensure
19
they comply with such laws and regulations. This Resolution shall become
20
effective immediately and the Director is authorized and directed to
21
commence implementation of the Enforcement Response Plan upon the
22
effective date of Ordinance No. N.C.S. updating the sewer use
23
requirements contained in Chapters 15.40, 15.44, 15.48, 15.52, 15.56, 15.60,
24
15.64, 15.68, 15.72, and 15.76 Part III of Title 15 of the Petaluma Municipal
25
Code.
26
5.
All portions of this Resolution are severable. Should any individual
27
component of this Resolution be adjudged to be invalid and unenforceable by
28
a body of competent jurisdiction, then the remaining Resolution portions shall
29
be and continue in full force and effect, except as to those Resolution portions
30
that have been adjudged invalid. The City Council of the City of Petaluma
31
hereby declares that it would have adopted this Resolution and each section,
32
subsection, clause, sentence, phrase and other portion hereof, irrespective of
33
the fact that one or more section subsection, clause sentence, phrase or other
34
portion may be held invalid or unconstitutional.
35
36
37
38
39
40
977039_1
7.31.07 (fmk)
I l:\Word\POLICY\Sewer Resolution (clean) (7.31.07).doc
Wb
APPENDIX D
CITY OF PETALUMA
ENFORCEMENT RESPONSE PLAN
114
City of Petaluma
Enforcement Response Plan
115
City of Petaluma
Enforcement Response Plan
I. Introduction
This document is entitled City of Petaluma Enforcement Response Plan.
Whenever reference is made to the City of Petaluma in this document, it shall be
cited "CITY".
The purpose of this plan is to describe and outline CITY procedures for
implementing its pretreatment `Enforcement Response Plan" (ERP). The table
presented below details specific objectives of the ERP.
• To define the range of enforcement actions based on the nature and
severity of the violation and other relevant factors.
• To identify appropriate CITY personnel who may initiate various
enforcement actions.
• To illustrate the various documents (tools of enforcement) that the
CITY will use in implementing the ERP.
• To establish a means of tracking violator progress (from start to finish)
once the initial enforcement has been taken.
• To promote consistency and timely use of enforcement actions by the
CITY.
• To eliminate any confusion or uncertainty concerning enforcement.
• To provide a fair and equitable means of enforcing the CITY's Sewer
Use Ordinance.
II. Definitions and Abbreviations
• AO - Administrative Order: Enforcement docunents which direct industrial
users to undertake or to cease specific activities, i.e. Compliance Order, Cease
and Desist, Show Cause.
• Assessment of Chames - Charges assessed to the user for causing interference
or damage to CITY facilities or operations.
• CC - City Council, City of Petaluma
• CITY - The City of Petaluma: The City Council of Petaluma may designate
the position(s) or Person(s) to whom responsibilities and authority of the City
are delegated and may from tune to time modify such delegations. Absent
any further specific delegation by the City Council of Petaluma, the authority
and responsibility set forth in this Ordinance (Chapters 15.44 through 15.76)
shall be delegated to the Director of Water Resources and Conservation,
including his or her designee(s).
• Civil Action — Civil litigation against the user seeking equitable relief,
monetary penalties, and actual damages.
• Criminal Action — Pursuing punitive measures against an individual and/or
organization through a court of law.
117
CR — Case Report: A written investigative report submitted by Industrial
Waste personnel recommending that formal enforcement action be taken.
• EAM — Enforcement Action Model: a flowchart illustrating graduated
enforcement actions, time requirements, and enforcement options available
to guide the CITY in resolving noncompliance issues.
• EM — Engineering Manager, Department of Water Resources and
Conservation.
• ERG — Enforcement Response Guide: A matrix that identifies pretreatment
violations and identifies what type for enforcement actions (ministerial or
formal) CITY personnel will initiate.
• ERP — Enforcement Response Plan: A plan which describes how the CITY
will investigate and take appropriate enforcement actions for instances of
noncompliance.
• Fine — Monetary penalty assessed by Control Authority officials.
• F —Formal Action: Enforcement actions, other than ministerial, which the
Director of the Department of Water Resources and Conservation or a
designated staff representative (i.e. Engineering Manager, Plant Manager)
may approve.
• Formal Notices — A letter or an Administrative Order.
• I -WI — Industrial Waste Inspector.
• IWP — Industrial Waste Personnel
• Meetings — Informal compliance meeting with the user to resolve recurring
noncompliance. Violator is wamed of the possibility of escalated
enforcement action if noncompliance continues.
• M — Ministerial Action: Acts performed by Industrial Waste personnel.
• NCF —Noncompliance Fee: A fee automatically assessed against the user
for violating local or categorical limits.
• NOV —Notice of Violation: A document informing the user that it has
violated the CITY Sewer Use Ordinance and appropriate corrective actions
must be taken.
• Plant Manager - The person designated by the City to supervise the
operation of the Publicly Owned Treatment Works and who is charged with
certain duties and responsibilities by this Title, or his or her duly authorized
representative.
• SEP — Sample and Evaluation Program: Sampling Program conducted by
the CITY following repeated user limit violations.
• Show Cause — Formal meeting requiring the user to appear and demonstrate
why the CITY should not take proposed enforcement action against it. The
meeting may also serve as a forurn to discuss corrective actions and
compliance schedules.
• Susnension/Termination — A temporary or permanent physical interruption
of sewer services.
• Verbal Warming — A verbal notification by the IVP that the user has
violated the Sewer Use Ordinance, and that some required action is
necessary.
118
• WN — Warning Notice: A document informing the violator that additional
information or actions are required in response to the NOV.
III. Enforcement Authority
City of Petaluma, Sewer Use Ordnance, Chapter 15.68 provides for
enforcement and penalties against users who fail to comply with the
requirements of the Sewer Use Ordinance. Any user who violates this code is
guilty of a misdemeanor punishable by a fine of not more than $1,000 or a
term or imprisonment amounting to no more than six months, or both
(Chapter 15.68.020.6). Each violation is considered a separate and new
offense.
The CITY may also bring civil actions as may be available to enforce the
provisions of its ordinance and to recover such cost, fees, penalties, and/or
damages. Civil enforcement may be executed in the form or injunction
(temporary restraining order, preliminary injunction, permanent injunction)
and/or holding the user liable for penalties not to exceed $25,000 for each day
in which the violations occurs as long as the violation continues. The CITY
may petition the Superior Court to impose, asses, and collect such sums
pursuant to the Sewer Use Ordinance Chapter 15.68.020 and California
Government Code § 54740, et seq.
CITY personnel have authority to enter and inspect, where wastewater is
generated or discharged at all reasonable times, all parts of the premises for
the purposes of inspection, sampling, analysis, records examination, or to
perform any of their routine duties (Chapter 15.60.050). Inspections of
significant industrial uses will occur at least once a year as may be necessary
to enforce the provisions of the ordinance.
IV. Range and Categories of Enforcement Mechanisms
The full range of enforcement mechanisms available to the CITY are:
Infonmal administrative action, administrative orders and compliance
schedules, imposition fees for noncompliance, assessment of charges for
interference with or damage to CITY facilities or operations, suspension or
termination of services, civil action, and criminal action (Chapter 15.68)
Enforcement actions are divided into two general categories: ministerial,
executed by Industrial Waste personnel, and formal enforcement actions
requiring approval of the Director of the Department of Water Resources and
Conservation, or his/her designated representative.
1. Ministerial Actions
a. Verbal Wanting
119
b. Notice of Violation (see example form, Exhibit 1)
c. Noncompliance Fee
d. Wanting Notice (see example forni, Exhibit 2)
e. Meetings
2. Formal Enforcement Actions
a. Fomlal Notices
b. Show Cause Hearing
c. Assessment of Charges
d. Suspension or Termination of Services
e. Criminal Action
f. Civil Action
V. The Enforcement Program and How it Works
The program is designed to follow a graduating enforcement procedure. For
example, after a violation has been determined, the Industrial Waste Personnel
(IWP) must determine whether the violation falls into the category of formal
or ministerial enforcement action. If it is determined that the violation is a
ministerial action, IWP will issue a NOV within 14 days of becoming aware
of the violation (example form attached, see example 1). If it is determined
that the violation necessitates a formal action, IWP with the direction of the
Director (or his/her designated representative) will undertake an investigation
which may result in the subnnittal of a case report (see example form, Exhibit
3) to the District Attorney requesting prosecution or a suit by the CITY in the
form of a civil action. Either a pattern of noncompliance or an aggravated
violation may constitute a formal enforcement action (see Enforcement Action
Model (EAM), Exhibit 6).
The NOV will be the initial primary enforcement tool of the CITY. This
document informs the violator of the specific ordinances, permit conditions,
and/or contract permit conditions which were violated and actions required to
be taken. The violator must respond in writing to the NOV requests within the
time specified by the NOV. The NOV may be issued in the presence of the
violator or sent by Certified Mail, Retum Receipt Requested. The violators
timely and detailed response to the NOV will be considered in determining
enforcement options, if any.
The Industrial User will be required to sign the NOV. h1 the event of the
users refusal to sign the NOV, the user will be informed of the alternative
enforcement options, including termination of services, civil action, and/or
referral to the District Attorney. The user will normally be given 30 days
(from date of issuance) to bring about any required corrective actions.
Additional time to correct the violation may be given to any violator who
justifies the need for an extension.
120
Once the corrective actions have been completed by the violator, the person
who has issued the NOV will (if necessary) return to inspect the user s
operation and verify that said corrective actions have been taken. Typically,
all enforcement actions for the violations set for November will terminate
when corrective actions have been completed to the satisfaction of the City. If
a subsequent violation occurs, the process starts again.
The Enforcement Action Model in concert with the Enforcement Response
Guide (Exhibit 7) will guide CITY personnel through the entire enforcement
process.
All pertinent communication with user will be entered into the "User
Enforcement/Conumm-dcations Log" (see example form, Exhibit 5).
Adherence to time requirements by the violator will be closely monitored.
Violators who fail to meet the time requirements imposed, including such
extensions as may be granted by the CITY, may be subject to accelerated
enforcement actions.
VI. Enforcement Responsibilities of Industrial Waste Personnel
Industrial Waste personnel may initiate ministerial enforcement actions
pursuant to CITY Sewer Use Ordinance Chapter 15.68. Violations may come
to the attention of IWP in a variety of ways, i.e. routine inspections by the
IWP, discovery by maintenance and sewer personnel, etc. Generally, the IWP
will initiate all ministerial actions. The IWP will inform the Engineering
Manager whenever he/she takes a ministerial action.
VII. The CITY's Enforcement Tracking System
In order to ensure that the violator fulfills its legal obligation, the CITY will
closely monitor the progress of each violator by use of a tickler notification
system. This program will be computer maintained as well as with hard copy
(see attached form, Exhibit 4).
VIII. Publishing Lists of Industrial Users with Significant Violations
Section 403.8(f)(2)(vii) of the General Pretreatment Regulations requires that
the CITY publish, at least annually, in the largest daily newspaper located in
the municipality serviced by the CITY, a list of industrial users that
significantly violated applicable pretreatment standards and requirements
during the previous 12 months. The CITY will publish a list of all significant
pretreatment violators at least once a year in the Press Democrat .
S:\iNater resources & conservation\Wastewater\6340\Ordinance\Enforcement Responce Plan Final.doc
121
Notice of Violation
(Exhibit 1)
122
202 N. McDowell Blvd. Petaluma, CA 94954
(707) 778-4546
WARNING NOTICE
INN 140- 2 d 7 6
Issued by:
Date:
❑ HAND DELIVERED ❑ CERTIFIED MAIL{
A. GENERAL INFORMATION SECTION
FACILITY NAME PROPERTY OWNER
SITE ADDRESS ADOREss
MAILING ADDRESS
HQ/REG L NAME
ADDRESS
CONTACT NAMEITITLE
CONTACT PHONE ft
1-I0/REG1 CONTACT
TYPE OF BUSINESS
CONTACT PHONE it
B. DEFICIENCY SECTION
❑ The completion / submittal of
was due on
❑ The records) checked below
❑ O&M Logs ❑ PCR
❑ Analytical Report ❑ Manifestslrecerpls
❑ Chain of Custody ❑ pH tape
❑ Row tape ❑ Baseline Monitoring Report
❑ Other.
was (were) deficient for the fallowing reason:
❑ Failure to notify or
as required.
❑ The discharge from the facility contained the
following pollulant(s) of concern to the District:
Sampled By Constituent
Concentration Discharge Limit Date Sampled
❑ lu ❑ Cily
❑ lu ❑ City
❑ Protection of sanitary sewer inlets from the discharge of restricted materials is required for:
❑ The grease, oil and sand Interceptor at the facility is in need of maintenance.
❑ The sampling conducted an at the facility was deficient due to:
❑ Other.
❑ Other.
Details:
C. CORRECTIVE ACTIONS SECTION
❑ Provide documentation that the deficiency identified In Section B has been corrected.
Cl Correct the deficiency in the records Identified in Section B and submit the completed document.
❑ Ensure that all future records include the information identified in Section B. Resubmittal is not required at this time.
❑ Evaluate the process wastewater to determine the source of each pollutant identified in Section 8 and how it can be minimized or
eliminated.
U Conduct [ grab composite grab composite ] sampling of the process discharge. Analyze for:
(certified lab only). Submit anginal analysis report and chain of custody.
❑ Ensure that future sampling events are conducted and reported in accordance with District requirements.
Cl Submit a written response including the following Information'
❑ Now you intend to correct the problem ❑ How you will prevent future occurrences
❑ Proposed schedule/anticipated completion dale for.
Other'
Details:
Respond in wpiting no tate(• than
D. SIGNATURE SECTION
Failure to complete the Corrective Actions specified above or recurrence of the deficiency noted above will result
in issuance are Notice of lliolation. Signing this document acknowledges receipt and does not constitute an
admission of guilt.
Signature )t
haedrfy Represenlauve +lite Data
COPY. CCC DIsmicT ATTORNEY City Attorney 123 onlEa
WHITE- OFFICE J'cUOs: FACILITRCF$<SEPTnTNr
11 \GN\/PCF\ACnnrr'n rnnlrnPFnlnrr emunll\NN9.ef. dna
w1 MWW" FF �Lt1�11���yy��yyGFr4 J G L{' N �yg { p ryp
y lxfiN.: £ a(I �.L'. NY3°.L'� : a�e: Y e... :ll ICO V No 2739
202 N. McDowell Blvd. Petaluma, CA 94954 Issued by:
{70 7) 778-4-546
Date:
NOTICE OF ®ITQ
❑HAND DELIVERED ❑ CERTIFIED MAIL#
I A. GENERAL INFORMATION -SECTION
FACILITY NAME PROPERTY OWNER
SITCAoDRESS ADDRESS
MAILING AGGRESS
HCI/REG'L NAME
ADDRESS
CONTACT NAME/TITLE
CONTACT PHONE fF
I-IO/REG'L CONTACT
TYPE OF BOSINESS
CONTACT PHONE #
B. VIOLATION SECTION
CODE SECTION DESCRIPTION OF VIOLATION
015.48.0201030 Discharge
❑ A. Brplosive/flammable ❑ J. Storrnwater/groundwater/rainwater discharge
❑ M. Hazardous waste ❑ Other
❑'15.52.030.D Failure to provide protection tram slug discharge
015.52.050.J Failure to notify slug discharge
015.56 Failure to notify slug discharge
015.52.020 Discharging without a valid Industrial User Permit
❑ 15.48 Failure W meet permit condition
015.52.070 Failure to meet reporting requirement
❑15.GO Failure to meet monitoring/sampling requirement
015.48.130 Failure to install a grease, oil, 11 sand interceptor
❑15.48.130 Failure to maintain grease Gil & sand interceptor
❑ Other:
❑ Other:
015.48.040 Specific Pollutant Limit Violations:
Sampled By Constituent Concentration Discharge Limit
❑ lu 0 City
❑ lu 0 City
Details of violaltarr
I
VIOLATION DATE
Dale Sampled
❑ The above violations) maybe subilact to the Significant Non -Compliance (SNC) Criteria and applicable publication.
C. REQUIRED ACTIONS SECTION
Immediately abate the violations. Each day of violation Will be considered a new and separate offense.
❑ 1. Conduct [grab composite grab composite] sampling Of the process discharge. Analyze far.
(Certified lab using Wastewater methods). Submit original analysis report and chain of custody.
❑ 2. Submit the following document(s).
❑ 3. Submit a written response including the following Information'
❑ a. Haw/when the incident occurred
❑ b. How you intend to correct the problem
I ❑ D. How you will prevent future occurrences
❑ d. Proposed schedule/anticipated completion dale for:
❑ 4. Other.
Details:
Respond in writing no Vater than
O. SIGNATURE SECTION
Failure to comply with any of the Required Actions constitutes a separate violation and may be cause for esca/algid
enfomemenL Signing this document acknowledges receipt and does not constitute an admission orguilt.
Signature J(
Facility Represaricur. a Tiue
Corrective action acknowledged by
City
COPY. CCC DISTRICT 1,TTGRNEY City Attorney 0111LI:
Nnllre. OFFICE YLLLO. VIOLATOR 124
Date
on
Dale
T ISourceConlmllEnfurcemenllNuv5-05
202 N. McDowell Bivd. Petaluma, CA 94954
(707) 778-4546
NOTICE OF VIRATION
ZlLrw NAME
DNTACT NAME
Issued by:
Date:
Refer to NOV M'*
Date of NOV
0 HAND D5UVEREO Cl CERTIFIED MAIL rl
SITE ADDRE55
ODE SECTION DESCRIPTION OF VIOLATION VIOLATION DATE
eiDns of Violation:
7
C' - EP
munediately abate the violations- Each day Of Violation Will be considered a new and separate offense.
1. Conduct [ grab Composite grab composite I sampling of the process discharge Analyze for.
(certified lab only). Submit original analysis report and chain of custody.
2. Submit the following document(s):
3. Submit a written response including the following information:
0 a. How/when the incident ocGunmd
• b. How you intend to correct the problem
• c. How you will prevent future occurrences
• d. Proposed schedulelanticipated completion date for.
4. Other.
Details:
Respond in writing no later than
1� 7'
Failure go comply wiftj any of the Required Actions constitutes a separate violation and may be cause for escalated
enforcement Signing this document acknowledges receipt and does not constitute an admission of guilt.
Signature It
foci/try Hewn/ nI.IW
]trio
Copy: CCC DISTRICT ATTORNEY CCC ENviR'L HIDU I' UiyAltorney OTHER,
1AI ...... nmra Vrr rvn, Vary ATnp 125 11n Ir ROUTED
N(I,
Warning Notice
(Exhibit 2)
126
Qg
202 N. McDowell Blvd. Petaluma, CA 94954
(707)778-4546
FICE
WARNING N04L
[ROV, Follow -go Action]
0 HAND DELIVERED 0 MAILED CERTIFIED RETURN RECEIPT REQUESTED
A13f rNONAL INFORIVIATI4N/AOTiON tREOUIREO
EI Re: Notice of Violation (NOV) No. 0 Other Required Action(s)
Issued on (Date)
To: Mr./Mrs.lMs, Phone:
0 1. This office has not received the required response to our NDV. Please Submit by
or immediate enforcement action will be taken against you.
DATE
0 2. You did not provide the following information as requested on the NOV. In order to clear this violation, please submit by
0 Lab analysis (certified lab) 0 Plot map/diagram of facility 0 Corrective action completion date
0 Certain records 0 Hots1when incident occurred Q Reason for not reporting Incident
0 How you intend to correct problem 0 Other
0 List of materials/substances 0 How you will prevent future occurrences
0 3. Your response outlining proposed corrective action(s) is inadequate. Please contact this agencylo discuss the matter by no later than
0 4. During a follow-up inspection on
(specify):
Please make the following changes/mod4icationslmpmvements by
0 5. Subsequent to issuing you NOV number
District personnel found Your corrective action(s) to be inadequate
in order to clear this violation:
other violations of this code have Come to our attention, is;
Please include fn your response how you intend to correct them.
0 6. A meeting at CCCSD has been set for at Tri to discuss (specify):
.Failure to attend may result in escalated enforcement action.
0 7. We have not received the following required informatfonlreports from you (specify):
0 S. Resamplefor pollutant limit (0 Local 0 Categorical) violation:
Please submit by (date):
Submit by
NOTE: FAILURE TO COMPLY WITH ANY OF THE ABOVE REQUIRED ACTIONS WILL RESULT IN ESCALATED ENFORCEMENT ACTION.
District Representative, Compliance and Enforcement Unit Date
Source Control Section
Distrfbutiott: Whit e: Office Yellow:Vielator 127 Piny City Ataomey 27322/91
Case Report
(Exhibit 3)
128
s t
I 2�0R3 "m S. (kb.9^ a WA 61t1"' t 9S^5
L. McDowell Blvd4
(707) 778-4546
GAGE DISPOSITION:
JUDGEMENT:YEB--_N O
PE14ALTY_
r
OTHER GOND,
DATE FII rn
U PRETREATMENT CI SPILL O IMPROPER CONTAINMENT/STORAGE Q OTHER ACTION
DOCKET/CASE N0.
GUILTY—NOT GUILTY
FINE AMOUNT
JAIL: YES„ NO.-- AIUT_
PROBATION: YES_ NO
FACILITY'
AGENTADDRESS:
r
■ SUDESU PHOTOGRAPHER
LAS ANALYSIS: ■
ADDRESS:
AGE14T PHOI4E NO.:
RESULTS:
RECORDS: ■
NEIIDENTIFY:
TYPE OF BUSINESS:
DIAGRAM: ■
NEI
PHONE NO. (SITE):
(CORP): OPERATED BY:
,
CORP, ADDRESS:
POSITON:
OTHER,
off•
CORP. NUMBER_ _
STATE PROPERTY OWNER:
PHONE:PHONE:
CORP.AGENT
ADDRESS:
ADDRESS:
t) NAIAE:
D.O.B.:
D.L. NO.:
f
STATE:
RESIDENCE ADDRESS:
HAIR:
EYES:----HT.:
WT.:
RACE:
SEX—M
F—
S.S. NO,: -
BUSINESS ADDRESS:
DD
BUS. PH.:
2) RAMP
D,0.&7
D.L NO.:
. r 1(WORKI
STATE:
RESIDENCE ADDRESS:
HAIR:
EYES.,—HT.:
_
WT.: _-
RACE:
SEX:—M
F_
S.S. NO.:
BUSINESS ADDRESS:
BUS. PH.:
PHOTOGRAPH(S): LI
N 0
r
■ SUDESU PHOTOGRAPHER
LAS ANALYSIS: ■
NU
LAB #:
RESULTS:
RECORDS: ■
NEIIDENTIFY:
DIAGRAM: ■
NEI
OTHER:
,
OTHER,
off•
PHONE:PHONE:
ADDRESS:
PHONE
f
E ,>
MINNsel
E411LE9NFANIi]i1flN3
COLOR:
1
REGISTERED OWNER:DRIVER:
DD
DD
TELEPHDNE:(HOME)(WORK)
. r 1(WORKI
a � •, z
INVESTIGATOR:.
AGENCY:
ADDRESS:
COPIES TO: EO RYJOCB E] CCEHS
1 INVESTIGATOR SIGNATURE
REVISED
TITLE: IDENT, NO.:
DEPARTMENT: PHONE NO.:
0 D.O.H.S. EF CCCSD LEGAL U D.A. ❑ OTHER:
REPORT DATE:
In
PAGE:
1 1
IRS,a
202 N. McDowell Blvd. Petaluma, CA 94954
(707)778-4546
9i
i
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
INVESTIGATOR:
REVIEWED BY:
SIGNATURE OF REVIEWER:
INVESTIGATOR SIGNATURE:
REVISED
NARRATIVE
TITLE: DATE:
TITLE- DATE:
RECOMMENDED ACTION:
Tib
REPORT DATE:
PAGE
OF
2730E-2191
7743'#Rm 5777.. =757
.55MRAI:�tJ1�1_E,��ES�NAI!>f�.i...,
INVESTIGATORSIGNARME: REPORT DATE: PAGE -. Of
S REVISED 131 27306-Y.
Tickler Notification Forin
(Exhibit 4)
132
DATE
[ ] NOTICE OF VIOLATION
NOV NO.
Issued to
Phone No.
Nature of Response
Extensions: (11
Work Completion
Date: {il
-------------------
[ ] CSAR due from
17 MEETING Subject
Location
[ ] INSPECTION of
j ] TRAINING for
[ ] TASK DUE
[ ] RESPONSE DUE from
L ] OTHER (Specify)
Required Action
Flu No.
Response Due
Contact
I33
Date
Date
Date
Re
Date
(31
(3)
Date
Time
Time
Time
Date
Date
Time
User Enforcement/Coinnaunications Log
(Exhibit S)
134
��ir,�fanj�,` vat 5 ,a 3
vwacez�cesuun�es or=�:vnserva��
SEA
)DRESS
DATE TIME
PHONE
ENTRY
MADEBY
105 PAGE OF
znairn
�>.� Y"vt .•:::rrr:ttain r>ns�``�'F =�: rw'�: i
202 N. McDowell Blvd. Petaluma, CA 94954
(707)778-4546
Facially Name:
Addres='
Required Information Form
Date
Contact:
Phone n:
District and tedetai regulations prohibit the inlroduclion o: pollutants into the sanitary server system that nay have a detrimental impact on
public health, the environment, or City facilities. In order to properly evaluate the operations, processes, andlor discharges at your
facility, the City requires that the following information be submitted (City Sewer Use Ordinance Chapter 15.52):
[ j Complete and return the attached Baseline Monitoring Report (SMR).
[ I Provide MSDS shoots for
[ 1 Provide receipts/mandese, for.
I 3 Provide product information for.
t ] Provide water use data for.
[ j Provide information regarding me number of gallons or pounds of waste generated per martin far.
[ I Provide information regarding chemical usage, including types and amounts used per month for.
[ 7 Other:
The above listed information shall be submitted to:
City of Petaluma
Attn:
202 N. McDowell Blvd.
Petaluma, CA 94954
Phone it: (707) 778-4546
his mfoimetion Of mlf be received by time oannin no later am'i
Submittal of the above listed intotmatiun is required to appropriately classify your facility and to accurately evaluate your facility's
compliance with Title 10 of the District Code andror Federal Pretreatment Standards. Failure to provide the information required by the
referenced due data will constitute a violation of District Code Section 10.12.030. Enforcement actions available to the District include the
assessment of penaai�—, 4115pesu-ealt er termination of sewer service, andior civil or criminal action.
[ j Attachments provided by City:
Required by Achuu�wlvdjuu i,,
inspector
I'6
Facility Contact
Wrote: CCCSA yadoin, City ,..� 27"-e.01
Enforcement Action Model
(Exhibit 6)
137
4
City of Petaluma
PRETREATMENT ENFORCEMENT ACTION MODEL
{Ministerial Actions}
LIMIT
VIOLATIONS t
t
74 DLYS t
t
PATTERN CF 0 MAL ISSUE N.O.V. t i
IDR AC( NONCOMPLIANCE
AND ASSESS S
OR AGGRAVATED NONCOMPLIANCE =F3
VIOLATION FEES t
t
t
RESAMPLEAND t
SUBMIT
ANALYSES
14 DAYS
COMPLIANCE
4
.d
1 DISTRICT SAMPLE
AND EVALUATION
PROGRAM
OP iiDtiAt
COMPLIANCE
� OPODNAL
DISCOVERYOF
VIOLATION
y
w
OPO[X:AL ''j°�4j
Er 4 DAYS
INSPECT
I
FACILITY i
4
v
j NO FURTHER
ACTION
REWIRED
i
7 DAYS
ISSUE j
WARNING
NOTICE
7DAYS
COMPLIANCE
t
COMPLIANCEk-1-1171111
IMMEDIATELY
ISSUE
WARNING
NOTICE
* 7 DAYS
REINSPECT
FACILITY
COMPLIANCE
FORMAL
ENFORCEMENT
TIONS I rq
(SEE ATTACHED
EXHIS`TSB)
V
ALL TIME PERIODS REFLECTEt)ABOVEINDICATEMAXIMUM TIME PERIOOR l38 EXHIBIT 6A
ISSUE
ALLOTHER
WARNING
VIOLATIONS
1
NOTICE
14 mn 4
7 DAYS
PATTERN OF
( ISSUE N.O.V.ORAGGRAVATED
A�
NONCOMPLIANCE
1
ACCEPTABLE
VIOLATION
80 DAYS Y
RESPONSE
'I" 14 DAYS
RECEIVED ANO
I
ACCEPTABLE
U DAYS 4
w
OPO[X:AL ''j°�4j
Er 4 DAYS
INSPECT
I
FACILITY i
4
v
j NO FURTHER
ACTION
REWIRED
i
7 DAYS
ISSUE j
WARNING
NOTICE
7DAYS
COMPLIANCE
t
COMPLIANCEk-1-1171111
IMMEDIATELY
ISSUE
WARNING
NOTICE
* 7 DAYS
REINSPECT
FACILITY
COMPLIANCE
FORMAL
ENFORCEMENT
TIONS I rq
(SEE ATTACHED
EXHIS`TSB)
V
ALL TIME PERIODS REFLECTEt)ABOVEINDICATEMAXIMUM TIME PERIOOR l38 EXHIBIT 6A
ISSUE
WARNING
NOTICE
7 DAYS
tr
RESPONSE
1
' FIECEIVEDA14D
ACCEPTABLE
gtiGD W S'tiEO;StE
'I" 14 DAYS
COMPLIANCE
I
rt
w
OPO[X:AL ''j°�4j
Er 4 DAYS
INSPECT
I
FACILITY i
4
v
j NO FURTHER
ACTION
REWIRED
i
7 DAYS
ISSUE j
WARNING
NOTICE
7DAYS
COMPLIANCE
t
COMPLIANCEk-1-1171111
IMMEDIATELY
ISSUE
WARNING
NOTICE
* 7 DAYS
REINSPECT
FACILITY
COMPLIANCE
FORMAL
ENFORCEMENT
TIONS I rq
(SEE ATTACHED
EXHIS`TSB)
V
ALL TIME PERIODS REFLECTEt)ABOVEINDICATEMAXIMUM TIME PERIOOR l38 EXHIBIT 6A
City of Petaluma
PRETREATMENT ENFORCEMENT ACTION MODEL
(Formal Actions)
FORMAL ENFORCEMENT OPTIONS
ADMINISTRATIVE
CRIMINAL
ACTIONSACTI
--
ONS
__
I
INDEPENDENT
REFER TO
ACTION BY
>
C.C.C. DISTRICT
DISTRICTSTAFF
ATTORNEY
CIERS//FFI
NAL
ORDI NES J
l PROSECUTION
J
\
and/or
and/or
TT
NONCOMPLIANCE 1
1
FEES/ADMINISTRATIVE)
CIVILSUIT
PENALTIES
J
and/or
C SHOW CAUSE 1
HEARING J
Iand/or
REVOKE 1
C PERMIT J
Iand/or
1
CDISCONNECTION
OF SERVICES J
C APPEAL 1
~
139
1
CIVIL
ACTIONS
REFER TO
C.C.C.S.D. BOARD
OF DIRECTORS
I- -
TEMPORARY 1
RESTRAINING J
ORDER
-� or
C INJUNCTIVE 1
RELIEF J
! and/or 1
CCIVIL SUIT J
EXHIBIT 6B
Enforcement Response Guide
(Exhibit 7)
140
CITY OF PETALUMA
ENFORCEMENT RESPONSE GUIDE
Enforcement Responses for Ministerial and Formal Actions
AIINISTERIAL ACTIONS: All violations reflected as ministerial in main text of ERG
will follow the enforcement responses as indicated by the EAM (Exhibit 6A). Industrial
Waste personnel (usually the IWI) will execute ministerial actions.
2. FORRIAL ENFORCEMENT OPTIONS: Formal Enforcement Actions available to
the City (administrative, criminal, and/or civil) as indicated by EAM (Exhibit 613) will be
selected by the director or his/her designated representative on a case-by-case basis.
Industrial Waste personnel, at the direction of Director or his/her designated
representative, will undertake investigations and prepare case reports as necessary to
support formal enforcement actions.
Description of EAM Time Requirements
All violations will be identified and documented within 14 days of receiving compliance
information.
2. Initial enforcement responses [involving contact with the user and requesting information
on corrective or preventive actions(s)] will occur within 14 working days of violation
detection.
Response due dates for NOV will generally be 14 days or less.
4. Required corrective actions will normally not be more than 30 days.
If necessary, follow-up verification and inspection will occur upon completion of
corrective action.
6. Local or categorical limit violations (after second determination for compliance) will
require implementation of a Sample and Evaluation Program (SEP) by City.
All violations meeting the criteria for significant noncompliance will be addressed with
an enforceable order within 30 days of the identification of significant noncompliance
and/or referral to District Attorney for prosecution.
Emeraenev Actions
Violations that threaten health, property, or environmental quality are considered emergencies
and will receive immediate responses, such as halting the discharge or terminating service.
-4r_ Exhibit 7 ---
(1 of 4) 141
f
CITY OF PETALUMA ENFORCEMENT RESPONSE GUIDE
- - - — ---
- - AHNISTERIAL (rid li
NONCOMPLIANCE SEVERITY OF VIOLATION FORMAL (F)
ACTION
UNAUTHORIZED DISCHARGES (No Permit)
1. Non -permitted discharge (a) User unaware of requirement; no M
apparent harm to POTW/ environment
(b) User aware of requirement; no M/F
apparent harm to POTW/ environment
User unaware of requirement; harm to
(c) F
POTW/ environment
(d) User aware of requirement; harm to F
POTW/ environment
(e) Failure to comply continues after MT
notice by the POTW
2. Non -permitted discharge (failure (a) User has not submitted application M
to renew) within 10 days of due date
DISCHARGE LIMIT VIOLATION
1. Exceedance of local or federal (a) Isolated, not significant M
standard (permit limit)
(b) Isolated, significant (no apparent M
harm)
(c) Isolated, harm to POTW/environment F
(d) Recurring, no apparent harm to M/F
POTW/environment
(e) Recurring; significant (harm) F
MONITORING AND REPORTING VIOLATIONS
1. Reporting violation (a) Report is improperly signed or M
certified
(b) Report is improperly signed or M/F
certified after notice by POTW
(c) Isolated, not significant (e.g. 5 days M
late)
(d) Significant (e.g. report no in by date M/F
required on 1't WN)
Exhibit 7 -=--
(2 of 4) 142
MINISTERUL
NONCOMPLIANCE
SEVERITY OF VIOLATION
FORMAL (F)
ACTION
(e)
Reports are always late or not reports
M/F
at all
(f)
Failure to report spill or changed
M/F
discharge (no apparent harm)
(g)
Failure to report spill or changed
F
discharge (harm)
(h)
Repeated failure to report spills
F
(i)
Falsification
F
2.
Failure to monitor correctly
(a)
Failure to monitor all pollutants as
M
required by permit
(b)
Recurring failure to monitor
M/F
3.
Improper sampling
(a)
Evidence of intent
F
4.
Failure to install required
(a)
Previous NOV issued
M/F
monitoring equipment
(b)
Recurring, violation of AO
F
5.
Compliance Schedules (in
(a)
Missed milestone by less than 30
M
permit)
days, or will not affect final milestone
(b)
Missed milestone by more than 30
M/F
days, or will affect final milestone (no
good cause for delay)
(c)
Violation of schedule in AO
F
OTHER VIOLATIONS
1.
Wastestreams are diluted in lieu
(a)
Initial violation
M/F
of treatment
(b)
Recurring
F
2.
Failure to mitigate
(a)
No apparent harm
M/F
noncompliance
(b)
Results in harm
F
3.
Failure to halt
(a)
Harm or otherwise
F
4.
Failure to properly operate and
(a)
No apparent harm
M/F
maintain pretreatment facility
(b)
Results in harm
F
Exhibit 7
(3 of 4) 143
q
- -
MINISTERLAL (Al)
NONCOMPLIANCE
SEVERITY OF VIOLATION
FORMALAMON
V10LATIONS DETETED DURING SITE
VISITS
1. Entry denial
(a)
Entry denied or consent withdra:tm.
F
Copes of records denied. (EWP to
obtain Administration Inspection
Warrant.)
2, Illegal Discharge
(a)
No apparent harm to POTW or
NI/F
environment
(b)
Discharge causes harm or evidence of
F
intent/negligence
(c)
Recurring, violation of AO
F
3. Improper sampling
(a)
Unintentional sampling at incorrect
M
location
(b)
Unintentionally using incorrect type
M
of sample
(c)
Any of the above with intent
F
4. Inadequate record keeping
(a)
Inspector finds files incomplete to
M
missing (no evidence of intent)
(b)
Recurring
M/F
(c)
Recurring with intent
F
5. Failure to report additional
(a)
Inspection reveals additional files
M/F
monitoring
(b)
Recurring
M/F
Exhibit 7
(4 of 4) 144