HomeMy WebLinkAboutOrdinance 2282 N.C.S. 09/10/20071
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EFFECTIVE DATE
OF ORDINANCE
October 10, 2007
Introduced by
Teresa Barrett
ORDINANCE NO. 2282 N.C.S.
Seconded by
David Rabbitt
AN ORDINANCE OF THE CITY OF PETALUMA REPEALING CHAPTERS 15.40, 15.44, 15.48,
15.52, 15.56, 15.60, 15.64, 15.68, 15.72 AND 15.76 OF PART III OF TITLE 15 OF THE
PETALUMA MUNICIPAL CODE AND RE-ENACTING CHAPTERS 15.40, 15.44, 15.48, 15.52,
15.56, 15.60, 15.64, 15.68, 15.72 AND 15.76 OF PART III OF TITLE 15 OF THE PETALUMA
MUNICIPAL CODE CONCERNING CITY SEWER CONSTRUCTION AND USE
WHEREAS, in 1938, the original wastewater treatment processes were constructed within
the City of Petaluma; and,
WHEREAS, in 1948, president Harry Truman signed the Federal Water Pollution Control Act
setting the precedent for future government involvement by addressing the health effects of
water pollution and sewage disposal; and,
WHEREAS, to meet the community's needs and changing regulatory requirements,
various upgrades and additions to the wastewater treatment plant were conducted through
the 1960s; and,
WHEREAS, in 1972, the oxidation ponds were constructed at 4400 Lakeville Highway to
provide additional treatment capacity, and,
WHEREAS, the Clean Water Act, 33 U.S.C. 1251 et seq., (CWA) began life as the Federal
Water Pollution Control Amendments in 1972 and further Amendments in 1977. The Clean Water
Act set the following goals:
® Ensuring that surface waters would meet standards necessary for human sports and
recreation, fishable and swimmable by 1983
® Eliminating releases to water of toxic amounts of toxic substances release to surface
waterways by 1985; and,
WHEREAS, the CWA and its regulations also established pretreatment requirements for
industrial users contributing wastes to Publicly Owned Treatment Works; and,
WHEREAS, the system for granting and regulating discharge permits is called the National
Pollutant Discharge Elimination System (NPDES). A component of the NPDES Program, the
National Pretreatment Program was developed by the United States Environmental Protection
Ordinance No. 2282 N.C.S.
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Agency (EPA) to control the discharge of pollutants from non -domestic sources (also referred to
as Industrial Users) to Publicly Owned Treatment Works; and,
WHEREAS, the 1977 Amendments to the CWA required Publicly Owned Treatment Works
to ensure compliance with pretreatment standards by each significant local source introducing
pollutants subject to pretreatment standards; and,
WHEREAS, after Congress passed the CWA, the Environmental Protection Agency (EPA)
promulgated two types of regulations. The first was effluent guidelines that regulate water
pollution from 56 industry categories. These regulations apply to between 35,000 and 45,000
facilities that discharge directly to the nation's water, as well as another 12,000 facilities that
discharge into Publicly Owned Treatment Works. The second set of regulations prohibited
discharges such as pollutants that create a fire or explosion hazard in a sewer and other
protective prohibitions; and,
WHEREAS, after Congress passed the CWA, because the City of Petaluma owns a
Publicly Owned Treatment Works, the City was required by 40 Code of Federal Regulations (CFR)
Part 403 to develop specific local limits which take into account site -specific factors that may
necessitate control beyond the national standards. The site -specific factors include, but are not
limited to: publicly owned treatment works treatment type and capability, NPDES permit
conditions; applicable water quality criteria, biosolids quality standards and existing pollutant
loadings; and,
WHEREAS, Congress authorized Federal financial assistance for municipal wastewater
treatment construction to assist local entities in complying with CWA standards, initially with 55
billion dollars in construction grants for wastewater treatment plants; and,
WHEREAS, the federal regulations are responsible for preventing the discharge of almost
700 billion pounds of pollutants each year; and,
WHEREAS, the City of Petaluma has adopted a Sewer Use Ordinance and has modified it
from time to time in accordance with CWA requirements; and,
WHEREAS, in the most recent major amendments to the CWA made in 1987 and 2002,
Congress recognized that, despite much progress to date, significant water quality problems
persist. Among its many provisions, the 1987 legislation provided for the following:
® Established a comprehensive program for controlling toxic pollutant discharges,
beyond that already provided in the ct, to respond to so-called "toxic hot spots."
® Added a program requiring states to develop and implement programs to control
nonpoint sources of pollution, or rainfall runoff from farm and urban areas, plus
construction, forestry, and mining sites.
® Authorized a total of $18 billion for wastewater treatment assistance under a
combination of the Act's traditional construction grants program and as a transition
to State funding responsibility a new program of grants to replace the original grant
program with the State Water Pollution Control Revolving Fund.
® Authorized or modified a number of programs to address water pollution problems in
diverse geographic areas such as coastal estuaries, the Great Lakes, and the
Chesapeake Bay. Including in 2002 the enactment of the Great Lakes Legacy Act.
® Revised many of the Act's regulatory, permit and enforcement programs; and
Ordinance No. 2282 N.C.S.
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WHEREAS, in 1988, with influent flows exceeding 75% of the permitted capacity of the
City's wastewater treatment facility, and because necessary upgrades to the facility to increase
treatment capacity and continue to meet the needs of the community were determined to be
too costly, the City determined to replace the existing wastewater treatment facility; and,
WHEREAS, on September 21, 1998, the City Council, recognized the need for
development of a public alternative to a proposed wastewater privatization project developed
throughout the 1990s and approved preparation of the wastewater treatment facility master
plan; and,
WHEREAS, on September 21, 1999, the City Council adopted Resolution No. 99-189, which
approved the Wastewater Treatment Master Plan; and
WHEREAS, on August 1, 2005 the City Council adopted resolution 2005-131 authorizing
construction of the Ellis Creek Water Recycling Facility; and,
WHEREAS, the EPA signed the Pretreatment Streamlining Rule on September 27, 2005,
which was published in the Federal Register on October 14, 2005 and became effective
November 13, 2005, and revised several provisions of 40 CFR Part 403, the General Pretreatment
Regulations that address requirements for and oversight of Industrial Users who introduce
pollutants into Publicly Owned Treatment Works; and,
WHEREAS, the re-enacted Chapters 15.40, 15.44, 15.48, 15.52, 15.56, 15.60, 15.64, 15.68,
15.72 and 15.76 OF Part III of Title 15 of the Petaluma Municipal Code_incorporate EPA -required
changes to meet the new streamlining rules; and,
WHEREAS, repeal and reenactment of Chapters 15.40, 15.44, 15.48, 15.52, 15.56, 15.60,
15.64, 15.68, 15.72 and 15.76 of Part III of Title 15 of the Petaluma Municipal Code concerning
City sewer construction and use is exempt from the California Environmental Quality Act
("CEQA") in accordance with Section 15308 of the CEQA Guidelines as action by a regulatory
agency as authorized by state law or local ordinance to assure the maintenance, restoration,
enhancement, or protection of the environment.
NOW, THEREFORE, the City Council of the City of Petaluma does ordain as follows:
Section 1. Recitals Made Findings. The above recitals are hereby declared to be
true and correct and findings of the City Council of the City of Petaluma.
Section 2. Repeal of Chapters 15.40, 15.44, 15.48, 15.52, 15.56, 15.60, 15.64, 15.68,
15.72 and 15.76 of Part III of Title 15 of the Petaluma Municipal Code. Chapters 15.40, 15.44,
15.48, 15.52, 15.56, 15.60, 15.64, 15.68, 15.72 and 15.76 of Part III of Title 15 of the Petaluma
Municipal Code are hereby repealed.
Section 3. Re-enactment of Chapters 15.40, 15.44, 15.48, 15.52, 15.56, 15.60, 15.64,
15.68, 15.72 and 15.76 of Part III of Title 15 of the Petaluma Municipal Code. Chapters 15.40,
15.44, 15.48, 15.52, 15.56, 15.60, 15.64, 15.68, 15.72 and 15.76 of Part III of Title 15 of the Petaluma
Municipal Code are hereby re-enacted, to read as follows:
Ordinance No. 2282 N.C.S. Page 3
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CHAPTER 15.40
CONSTRUCTION OR PLACEMENT
OF SEWAGE FACILITIES'
15.40.010 Size of Sanitary Sewer 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 the actual cost incurred.
' Editor's Note: For statutory provisions authorizing cities to construct and maintain sewers. See Gov. Code
§ 38900.
Ordinance No. 2282 N.C.S.
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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
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 off site
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 15.442
SEWER USE AND SOURCE CONTROL
27 GENERAL PROVISIONS
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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 Works (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
2 Editor's Note: Prior ordinances codified in Chapters 15.44 through 15.76 include portions of Ordinance Nos.
1251, 1543 and 1827.
Ordinance No. 2282 N.C.S. Page 5
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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
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 sewage 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.
Ordinance No. 2282 N.C.S.
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4. "Act" or "the Act" means the Federal Water Pollution Control Act, also known as the
Clean Water Act, as Amended, 33 U.S.C. 1251, et seq.
"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.
"Approval Authority" means California Regional Water Quality Control Board, San
Francisco Bay Region - United States Environmental Protection Agency (EPA) or its
designees.
"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
designees.
8. "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, if the Industrial 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 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 making major capital investment recommendations, and initiate
and direct other comprehensive measures to assure long-term environmental
compliance with environmental laws and regulations; can ensure that the
necessary systems are established or actions 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. 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.
Ordinance No. 2282 N.C.S. Page 7
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d. Authorized Representative Declaration Form: 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
requirements 40 CFR 403.12(1)]
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 who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
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 CFR 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
Ordinance No. 2282 N.C.S.
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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 Sewer" 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
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.
Ordinance No. 2282 N.C.S. Page 9
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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 stream 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.
c. Any waste listed as hazardous or defined as hazardous pursuant to RCRA, California
Hazardous Substances Control Act, or other Federal or State regulations defining
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 Part 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, agricultural, or other
operation. Industrial Wastewater may also include waste of a human origin similar to
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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.
b. Has an adverse affect on the quality of the effluent, sludge, air emissions or other
residues generated by the City's facilities.
c. Has an adverse affect on the receiving waters, or is likely to endanger a life, health, or
property or otherwise cause a Nuisance.
d. In the opinion of the City otherwise adversely affects the City's ability to meet the
objectives of Section 15.44.010 of this Ordinance.
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 known as the Resource Conservation and Recovery Act [RCRA))
including State regulations contained in any State sludge management plan
prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances
Control Act, and the Marine Protection, Research and 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
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 sec.).
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,
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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 403.5.
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.
b. The building, structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source.
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:
Any placement, assembly, or installation of facilities or equipment.
(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.
(iii) (iii) Entered into a binding contractual obligation for the purchase of
facilities or 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
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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 assigns. 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 the 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 habitated 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 the 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 a National Pretreatment Standard imposed on an Industrial
User.
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58. "Priority Pollutant" means the EPA list of priority Toxic Pollutants as identified in 40 CFR
131.38 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
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.
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, non -contact 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
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Industrial User never discharges more than 100 gallons per day (gpd) of total
categorical Wastewater (excluding sanitary, non -contact cooling and boiler
blowdown Wastewater, unless specifically included in the Pretreatment Standard) and
the following conditions are met:
The Industrial User, prior to the City's finding, has consistently
complied with all applicable Categorical Pretreatment Standards
and Requirements.
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.
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(I).
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(I) 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(I) (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 POTW
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.
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.
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f. Failure to provide, within forty-five (45) days after the due date, required reports,
including baseline monitoring reports, reports on compliance with categorical
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.
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 pass through, or in any other way violate
the City's regulations, local limits or permit conditions.
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)"
Industrial Classification Manual issued by
Management and Budget, 1987.
71. "State" means state of California.
means a classification pursuant to the Standard
the Executive Office of the President, Office of
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.
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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
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:
"BOY - Biochemical Oxygen Demand
"CFR" - Code of Federal Regulations
"COD" - Chemical Oxygen Demand
"CWA -Clean Water Act
"EPA" - Environmental Protection Agency
"L" -Liter
"mg" - Milligrams
"mg/L" - Milligrams per Liter
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I "NPDES" - National Pollutant Discharge Elimination System
2 "POTW" - Publicly Owned Treatment Works
3 "SIC" - Standard Industrial Classification
4 "SWDA" - Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.
5 "USC" - United States Code
6 "TSS" - Total Suspended Solids
7
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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
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 40CFR403.5(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.
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
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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 permit 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 40oC (104oF) 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 than 10.5, 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, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60
degrees Centigrade using the test methods specified in 40 CFR261.21. 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
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, whole 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.
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
Ordinance No. 2282 N.C.S. Page 19
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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).
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 Sewers, 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.
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
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.
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.
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 peaks 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.
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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:
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.
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,
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 Treatment" 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 LIMITATIONS
DAILY
COMPOSITE
SAMPLE
POLLUTANT
(valuesin mg/L)
Arsenic
0.20
Barium
7.00
Bervllium
0.03
Cadmium
0.01
Chromium - (Total)
0.42
Cyanide
0.26
Lead
0.12
Mercury
0.001
Selenium
0.10
Silver
0.10
Zinc
1,00
Phenol
1,00
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37 B. Any discharge which contains greater than seven hundred mg/L of suspended solids or nine
38 hundred mg/L BOD.
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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.D. 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 having jurisdiction over such discharge.
15.48.060 Prohibition of storm drainage and ground water.
Storm Water, ground water, rain water, street drainac
drainage shall not be discharged through direct or indirect c
The City may approve the discharge of such water only
method of disposal is available. If a permit is granted for the
Sanitary Sewer, the User shall pay the applicable User charge
conditions as required by the City.
15.48.070 Prohibition on unpolluted water.
subsurface drainage or yard
)nnections to the Sanitary Sewer.
Nhen no reasonable alternative
discharge of such water into the
s and fees and meet such other
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.
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
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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 permit 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 ownership, 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 garden
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 Storm Water system.
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.
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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 through 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,
reduces or threatens to impair the POTW effluent, reuse, discharge, or sludge disposal
options.
Ordinance No. 2282 N.C.S.
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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 (BMPs) (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.g. 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. BMPs 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.
Ordinance No. 2282 N.C.S.
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3. The BMP is clearly the most economically feasible method for regulating the pollutant of
concern.
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 BMP 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
Ordinance No. 2282 N.C.S. Page 26
1 Pretreatment unit with Discharge standards shall be made available to the EPA or Approval
2 Authority.
3
4 In addition to Pretreatment, or separately, the City may require the User to develop and
5 adopt a Waste Minimization or Pollution prevention plan to reduce the quantity of waste
6 Discharged to the POTW. If determined necessary, the City may require the User to control Slug
7 Discharges and provide a Slug Discharge Control Plan under 40 CFR 403.8(f) (1) (B) (6). If
8 determined necessary, the City may require the User to control nuisance as defined in 15.48.020,
9 definition 48 above.
10
11 CHAPTER 15.52
12
13 SEWER USE DISCHARGE PERMITS
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15 15.52.010 Classification of Users.
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17 The City shall classify all nonresidential Users either by assigning each one to a "user
18 classification" according to the principal activity conducted on the User's Premises, by the
19 analysis of the individual User, or by a combination thereof. The purpose of such collective
20 and/or individual classification is to facilitate the regulation of Wastewater Discharges based on
21 Wastewater constituents and characteristics, to provide an effective means of source control,
22 and to establish a system of charges and fees which will insure an equitable recovery of the
23 City's costs.
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25 Each User shall initially be classified as either a Significant Industrial User subject to the
26 requirements of the Federal Pretreatment Program or a Minor User (commercial or nondomestic)
27 that is not subject to the Federal Pretreatment Program requirements. Minor Users may be further
28 classified by like business activity or by the similarity of waste Discharge characteristics. Each
29 Minor User within a User class shall have the same Pretreatment, monitoring, and record keeping
30 requirements. Minor Users may be exempted from the permit requirements of this article at the
31 discretion of the City if they are known to Discharge only domestic sewage (as defined).
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33 15.52.020 Sewer use permits required.
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35 Sewer use permits issued by the City are required for specific categories of Users as follows:
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37 A. Permitted Industrial User Permits. All Industrial Users and industries using/discharging EPA
38 Priority Pollutants proposing to connect to or to contribute to the Community Sewers and the
39 POTW shall obtain an Industrial Use Permit before connecting to or contributing to the
40 Community Sewers. All existing Industrial Users and industries using/discharging Priority
41 Pollutants shall obtain Wastewater Discharge permits within ninety (90) days of the effective
42 date of these Chapters 15.44 through 15.76 to the extent said industry or Industrial User does
43 not have a valid permit on the effective date of this Ordinance. The City in its discretion may
44 determine that certain Industrial Users qualify as Minor Users which may be exempted from
45 this permit requirement or provide a permit with more limited Discharge requirements.
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47 B. Groundwater Remediation Permits. All Users proposing to Discharge contaminated
48 groundwater from a groundwater remediation project shall obtain an Industrial User permit
49 for the remediation project.
Ordinance No. 2282 N.C.S. Page 27
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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, 15.48.020 and 15.48.030 from
sources not connected to the City Sewer shall obtain a Special Discharge Permit.
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.
15.52.030 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, sixty (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
Ordinance No. 2282 N.C.S. Page 28
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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.
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,
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or be regarded as having acquired, a vested or continuing right to maintain, or to have
continued, any connection to the City Sanitary Sewer.
15.52.050 Permit conditions.
Sewer 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.
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:
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.
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F. Compliance schedules with requirements for reporting progress.
G. Requirements for submission of technical reports, progress reports or Discharge reports.
H. 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.
I. 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 where 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.
J. 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
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 permit 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 it 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.
States that the new owner has no immediate intent to change the facility's
operations and processes.
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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 BMPs 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.
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, Storm 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,
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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.
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. Where 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 term
production rate. For all other Industrial Users subject to Categorical Pretreatment
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.
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
Ordinance No. 2282 N.C.S.
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1 136 sampling and analytical techniques are inappropriate for the pollutant in question,
2 sampling and analysis shall be performed by using validated analytical methods or any other
3 applicable sampling and analytical procedures, including procedures suggested by the
4 POTW or other Persons approved by the Administrator. This sampling and analysis may be
5 performed by the City in lieu of the significant non -Categorical Industrial User. Where the
6 POTW itself collects all the information required for the report, the non -Categorical Industrial
7 User will not be required to submit the report. If the industrial User monitors any regulated
8 pollutant at the appropriate sampling location more frequently than required by the City
9 using procedures prescribed above, the results of this monitoring shall be included in the
10 report.
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12 In addition, the City may require that any User discharging Wastewater into the Sanitary
13 Sewer file a periodic Discharge report. The Discharge report may include, but need not be
14 limited to; nature of process, volume, rates of flow, Mass Emission Rate, hours of operation,
1.5 number and classification of employees, or other information which relates to the generation
16 of waste including Wastewater constituents and characteristics in the Wastewater
17 Discharge_ Such report may also include the chernical constituents of solid. liquid or gaseous
18 materials stored on site even though they may not normally be Discharged.
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20 C. Reporting Requirements for Industrial Users upon effective date of Categorical Pretreatment
21 Standard - Baseline Report. Within one hundred eighty (180) days after the effective date of
22. -.. a categorical Pretreatment Standard, or one hundred eighty (180) days after the final
-2.3= administrative decision made upon a category determination submission under 40 CFR
Z4 403.6(a)(4), whichever is later, existing Industrial Users subject to such Categorical
Pretreatrent Standards and currently dischargin to or scheduled to Discharge to a POTW
26 shall be required to submit to the City o report which contains the information listed in
27 paragraphs (b (i)-(7) of 40 CFR 403.12(b) and which includes the following:
J91. Identifying Information. The User shall submit the name and address of the facility,
including the name of the operator and owners.
32. 2. _Permits. The User shall submit.a list of any environmental control permits held by or for the
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35 3. Description of Operation. The User shall submit a brief description of the nature of the
36 process, average rate of production (flow, volume, substances and concentrations in the
37 waste Disc.harge). The User shall also submit the Standard Industrial Classification (SIC) of
38 the operation(s) carried out by such !ndustrial. User. This description should include a
39 schematic process diagram, indicaring points of Discharge to the POTW from the
40 regulated processes.
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42 A. Flow Measurement. User shall submit information showing the measured average daily
43 and maximum daily flow, in gallons per day, to the POTW from the regulated process
44 streams and other streams as necessary to allow use of the combined waste stream
45 formula.
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47 5. measurement of Pollutants.
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49 a. The User shall identify the Pretreafrrient Sfandards apolicable to each regulated
50 process.
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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.
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 EPA. 40CFR 403.12(g) (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 (O and M) and/or additional Pretreatment is required for the Industrial User
to meet the Pretreatment Standards and Requirements.
7. Compliance Schedule. If additional Pretreatment and/or O and M will be required to
meet the Pretreatment standards, the shortest schedule by which the Industrial User will
provide such additional Pretreatment and/or O and M. The completion date in this
schedule shall not be later than the compliance date established for the applicable
Pretreatment Standard.
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(b). 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
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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(b)(7):
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:
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 gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing
violations."
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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 -making 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 making major capital investment recommendations, and initiate
and direct other comprehensive measures to assure long-term environmental
compliance with environmental laws and regulations; can ensure that the
necessary systems are established or actions 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 15.52.100 (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.
(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.
Notification of changed Discharge (40 CFR 403.12(j)). 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.
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G. Monitoring and analysis to demonstrate continued compliance.
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(b) (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.
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.
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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.
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. The 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.
I. 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 must comply with the requirements contained in 40 CFR 403.12(p).
K. All Categorical and non -Categorical Industrial Users shall notify the POTW 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:
1. Description of the upset, the cause(s) thereof and the upset's impact on the permittee'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.
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
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operating upset may be used as an equitable defense to mitigate any enforcement actions
brought against the permittee.
L. Notice to employees - Discharge regulations. In order that employees of Users be informed
of 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 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 the 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.
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CHAPTER 15.56
ACCIDENTAL DISCHARGE
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 Storm 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)
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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
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 who 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 warn 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.
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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
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 furnish
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 flow -weighted, composite sampler with protective enclosure.
2. A flow -actuated and/or time -actuated 'grab' sampler with protective enclosure.
3. A continuous recording flow -meter with logger and protective enclosure.
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)
S. 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 sewer or in accordance with an approved schedule. The City may require such
installations on each Building Sewer lateral.
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D. 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.
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 the 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 the City.
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.
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 knowingly 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.
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.
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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
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).
Ordinance No. 2282 N.C.S. Page 45
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15.60.060 Maintenance of monitoring records.
Any Industrial User shall retain for a minimum of three (3) years 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 name(s) of the Person(s)
taking the samples.
B. 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 Sewer system so
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.
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.
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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.
(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.
2. Oil and grease content in excess of domestic sewage (50 mg/L) during a twenty-four
hour period.
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 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:
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S = V x 8.34 x A x (BOD - 250)
S = V x 8.34 x B x (TSS - 250)
S= V x 8.34 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 water in pounds per gallon.
A = Unit charge in dollars per pound for BOD as established in the Sewer Rate Schedule in
effect at the 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 mg/L.
250 = Normal BOD and TSS in mg/L in domestic sewage.
50 = Normal oil and grease in mg/L in domestic sewage.
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 the surcharge rate for a particular strength group would not
adequately compensate the 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.
Ordinance No. 2282 N.C.S.
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1 C. The owner or agent of the owner of an establishment classified into a strength group may
2 elect to have the permitted Industrial User surcharge billed directly under Section 15.64.010
3 rather than under this section by making application to the City, receiving the City's
4 approval and paying the required sampling costs.
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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 City
may deny or condition new or increased contributions of pollutants, or changes in the nature of
pollutants, to the POTW by industrial users where such contributions do not meet applicable
pretreatment standards and requirements or where such contributions would cause the POTW to
violate its NPDES permit in accordance with 40 CFR 403.8(f) (1) (i), or the General Water Reuse
Permit, sludge disposal regulations or air quality 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.
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
Ordinance No. 2282 N.C.S. Page 49
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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.
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.
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 § 54740.5.
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 the 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
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condition, or requirement issued, reissued or adopted by the City.
d. In an amount which shall not exceed ten dollars ($10) 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
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.
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 shall 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 against the User.
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 sum not to exceed twenty-five thousand dollars ($25,000) 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 the Industrial User, the
compliance history of the 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
Ordinance No. 2282 N.C.S. Page 51
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one thousand dollars ($1,000) or to imprisonment for not more than six (6) months in the
county jail or 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.
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.
1.5.68.050 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 15.44 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.
Ordinance No. 2282 N.C.S. Page 52
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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
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 newspaper of general circulation that provides meaningful public notice within
the jurisdiction served by the POTW of all Industrial Users which, at any time during the previous
twelve (12) months were in Significant Noncompliance as defined in 15.44.020 of this ordinance
with applicable Pretreatment Requirements.
Ordinance No. 2282 N.C.S. Page 53
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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.
15.68.160 Code enforcement procedures.
With the exception of the procedures applicable to Section 15.68.020 E and F, which are
provided for in Government Code §§ 54740 and 54740.5 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.
Ordinance No. 2282 N.C.S.
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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..
I. Fees for disposal permitting, and disposal of septic from waste haulers.
J. 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 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
(30rh) 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.
Ordinance No. 2282 N.C.S. Page 55
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INTRODUCED AND ORDERED POSTED/PUBLISHED THIS 6th day of August, 2007.
ADOPTED THIS 1 Oth day of September, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST:
Barrett, Freitas, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt
None
Harris
None
Claire Cooper, CMC, City Cler
APPROVED AS TO FORM:
Ordinance No. 2282 N.C.S.
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