HomeMy WebLinkAboutOrdinance 2402 N.C.S. 05/02/2011EFFECTIVE DATE ORDINANCE NO. 2402 N.C.S
OF ORDINANCE
June 1, 2011
Introduced by Seconded by
Teresa Barrett Mike Healy
AN ORDINANCE AMENDING PART 1 OF TITLE 15, SECTION 15.08.230,
OF THE CITY OF PETALUMA MUNICIPAL CODE PERTAINING TO WATER
AND AMENDING SECTIONS 15.40, 15.44, 15.48, 15.52 AND 15.72
OF PART III OF TITLE 15 OF THE PETALUMA MUNICIPAL CODE CONCERNING
CITY SEWER CONSTRUCTION AND USE
WHEREAS, the Clean Water Act, 33 U.S.C. 1251 et seq. (CWA), and the General
Pretreatment Regulations for Existing and New Sources of Pollution promulgated by the
Environmental Protection Agency ( "EPA ") in Part 403 of Title 40 of the Federal Code of
Regulations ( "Pretreatment Regulations ") establish pretreatment requirements for Industrial Users
contributing wastes to Publicly Owned Treatment Works and require certain Publicly Owned
Treatment Works to develop and implement a pretreatment program that complies with the
Pretreatment Regulations; and,
WHEREAS, the City of Petaluma, as the owner of a Publicly Owned Treatment Works
subject to the Pretreatment Regulations, is required to develop and implement a pretreatment
program that complies with the Pretreatment Regulations; and,
WHEREAS, the City of Petaluma has adopted a Sewer Use Ordinance and has modified it
from time to time in accordance with the requirements of the Pretreatment Regulations, 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 on
November 13, 2005, and revised several provisions of the Pretreatment Regulations that address
requirements for and oversight of Industrial Users who introduce pollutants into Publicly Owned
Treatment Works; and,
WHEREAS, on October 10, 2007, the City of Petaluma adopted an ordinance 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 to
incorporate the changes required by the new streamlining rules; and,
Ordinance No. 2402 N.C.S. Page 1
WHEREAS, the Waste Discharge Requirements for Municipal and Industrial Wastewater
Dischargers of Mercury to San Francisco Bay Order No. R2- 2007 -0077 requires the City of
Petaluma to develop and begin to implement a dental amalgam program; and,
WHEREAS, on April 6, 2010, PG Environmental, LLC conducted a review of the City of
Petaluma's Sewer Use Ordinance on behalf of the EPA and the Regional Water Quality Control
Board, San Francisco Bay Region, to assess consistency with the Pretreatment Regulations; and,
WHEREAS, PG Environmental, LLC found a few minor deficiencies in the City of
Petaluma's Sewer Use Ordinance and recommends that the City of Petaluma correct the
deficiencies by amending its Sewer Use Ordinance; and,
WHEREAS, the amendments to Chapters 15.44, 15.48 and 15.52 of Part III of Title 15 of the
Petaluma Municipal Code pursuant to this ordinance correct the minor deficiencies identified by
PG Environmental, LLC; and the amendments to Chapter 15.48 pursuant to this ordinance add
requirements for dental practices to implement BMPs to reduce the amount of mercury that
enters the sewer system; and clarify requirements for grease removal devices for food service
establishments; and,
WHEREAS, the amendment to Chapter 15.08 pursuant to this ordinance changes wording
for exception approval and provides clarification for booster pump placement requirements;
and,
WHEREAS, the amendments to Chapter 15.40 pursuant to this ordinance clarify
maintenance requirements for construction, maintenance; and inspection of sewer mains and
laterals: and,
WHEREAS, the amendment to Chapter 15.72 pursuant to this ordinance specifies that no
free wastewater services will be provided to any user effective July 1, 2011.
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. Amendments to Title 15 of the Petaluma Municipal Code. Chapters 15.08,
15.40, 15.44, 15.48, 15.52 and 15.72 of Part III of Title 15 of the Petaluma Municipal Code are
hereby amended as follows:
CHAPTER 15.08 - CONNECTION TO WATER SUPPLY SYSTEM
Section 15.08.230 of the Municipal Code is hereby amended to read as follows:
15.08.230 - Use of pump to elevate or increase water pressure
When a consumer receiving service at the water system main or service connection must by
means of a pump of any kind elevate or increase the pressure of the water received, the pump
shall not be attached to any pipe directly connected to the main or service pipe. Such
pumping or boosting of pressure shall be done from a sump, cistern, or storage tank which may
be served by but not directly connected with the water system distribution facilities.
Ordinance No. 2402 N.C.S. Page 2
Exception: With prior approval of the City Engineer and the Fire Marshall, a booster pump
may be connected to the private property side of the city meter and /or
backflow preventer if such pump is designed with control systems and /or
engineered calculations showing it will not allow the pump to reduce the city
pressure below twenty pounds per square inch. In low pressure areas said
installation(s) shall be evaluated for cumulative impacts to the city water main
pressures and approved by the City.
CHAPTER 15.40 - CONSTRUCTION OR PLACEMENT OF SEWAGE FACILITIES
Section 15.40.070 - Sewer mains located outside City easements is added to read as follows:
Section 15.40.070 - Sewer mains located outside City easements. All sewer mains
located outside of City right -of -way or City easements shall be constructed and
maintained by the property owners served by said main(s) to prevent inflow and
infiltration.
Section 15.40.080 - Inspection of sewer laterals is added to read as follows:
Section 15.40.080 - Inspection of sewer laterals. The Division of Water Resources and
Conservation is authorized to inspect any public or private lateral connection to the
public sewer system in accordance with adopted City standards. The lateral is defined
as the connecting piping infrastructure, or pretreatment facilities, from the building's
foundation to the public sewer system that conveys sanitary sewage from the building to
the City sewer.
CHAPTER 15.44 - SEWER USE AND SOURCE CONTROL - GENERAL PROVISIONS
Section 15.44.020 - Definitions - the following provisions of this section are amended to read as
follows:
A
33. "Indirect Discharge" or "Discharge" means the introduction of Wastewater
potentially containing pollutants into Community Sewers and /or the POTW from
any non - domestic User regulated under section 30'(b), (c), or (d) of the Act.
34. "Industrial User" means a source of "Indirect Discharge." (See definition of
"Indirect Discharge" above.)
65. "Significant Industrial User" Except as provided in paragraph (65.c) and (65.d) of
this section, the term means:
d. Upon finding that an Industrial User meeting the criteria in paragraph (65.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.
Ordinance No. 2402 N.C.S. Page 3
CHAPTER 15.48 - SEWER USE AND SOURCE CONTROL REGULATIONS
15.48.130 Removal devices required is amended to read as follows:
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 device 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. Grease removal devices are required
at all food service establishments. A food service establishment is any commercial facility
discharging kitchen or food preparation wastewater including, but not limited to restaurants, fast
food establishments, delicatessens, caterers, bakeries, donut shops, halls and auditoriums with
kitchens, and any other businesses that perform on -site cooking or food preparation.
All removal devices shall be of a type and capacity approved by the Division of Water
Resources and Conservation 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 applicable 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.
Minimum grease removal device sizing criteria for new and modified kitchens:
A. Exterior In- Ground Grease Interceptors are required for any food establishment with greater
than 9 drainage fixture units within the kitchen. The grease interceptor shall be a two -stage
grease interceptor with a minimum capacity of 1,000 gallons. A larger grease interceptor(s)
may be required based on the total amount of drainage fixture units as per the most current
Uniform Plumbing Code.
Hydro - mechanical Grease Interceptor or Grease Traps are required for any food
establishment with less than 9 drainage fixture units within the kitchen. A minimum grease
trap size of 50/100 equipped with a flow control valve is required or an equivalent grease
removal device that is approved by the Plumbing and Drainage Institute (PDI) may be
considered. If two or more significant drainage fixtures cannot be plumbed into one grease
trap, then each separate fixture will be plumbed to a separate grease trap. A larger grease
trap(s) may be required based on total amount of drainage fixture units as per the most
current Uniform Plumbing Code.
A vent is required to be installed downstream of any interior grease trap in accordance with
the Uniform Plumbing Code.
C. The following connections are restricted and /or prohibited:
1. Garbage grinders (disposals), except in the case where a 1,000 gallon grease interceptor
(or larger) is in use.
2. Dishwashers, except in the case where a 1,000 gallon grease interceptor (or larger) is in
use.
3. Toilets, urinals, wash basins or any fixtures receiving fecal material shall not flow through
the grease removal device.
Ordinance No. 2402 N.C.S. Page 4
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2
TABLE A
DRAINAGE FIXTURE UNIT VALUES
Type of Kitchen Fixture
Trap & Trap Arm Size
Fixture Units
Hand sink
NA
0
Prep 1- compartment sink
I Y/ inch
3
2- compartment sink
1 % inch
3
3- compartment sink
1 % inch
3
3- compartment sink
2 inch
4
3- compartment sink
3 inch
6
Mop sink
2 or 3 inch
3
Wok stove drain
2 inch
4
Dishwasher
2 inch
4
Floor Drains
2,3,or 4 inch
2,3, or 4
Floor sinks
3, or 4 inch
3, or 4
Notes:
1. Hand sinks are not required to be plumbed to any grease removal device.
2. Prep sinks, mop sinks and floor drains may be required to be connected to a grease
removal device at the discretion of the City.
3. Trap Arm is the portion of the fixture drain between a trap and the vent.
4. Any dishwasher connection to a grease removal device will require a minimum 1,000
gallon gravity or exterior interceptor.
5. For any indirect waste systems where hub drains and floor sinks are used as a receptor for
dishwashers, 2- and 3- compartment sinks, or other similar fixtures, the drainage fixture unit
count shall be twice the floor sink or hub drain fixture unit count and the drainage fixture
unit count for the indirect waste source is not counted.
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) within 30 calendar days of cessation of
business. All costs related to the installation or removal of the devices shall be the responsibility
of the User or property owner.
Section 15.48.160 - National Categorical Pretreatment Standards is amended to read as follows:
Industrial Users must comply with applicable Categorical Pretreatment Standards,
national prohibited discharge standards, the City's prohibitions, the City's local limits, or
BMPs, whichever are most stringent. The Categorical Pretreatment Standards found in 40
CFR Chapter 1, Subchapter N., Part 405 through 471 are hereby incorporated into this
part.
The City may authorize the Industrial User subject to a Categorical Pretreatment
Standard to forego sampling of a pollutant regulated by a Categorical Pretreatment
Ordinance No. 2402 N.C.S.
Page 5
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). This authorization is subject to the following conditions:
(i) The City may authorize a waiver where a pollutant is determined to be present
solely due to Wastewater discharged from the facility provided that the
Wastewater is not regulated by an applicable Categorical Pretreatment
Standard and otherwise includes no Process Wastewater.
(ii) The monitoring waiver is valid only for the duration of the effective period of the
permit, but in no case longer than 5 years. The Industrial User must submit a new
request for the waiver before the waiver can be granted for each subsequent
permit.
(iii) In making a demonstration that a pollutant is not present, the Industrial User must
provide data from at least one sampling of the facility's process wastewater prior
to any treatment present at the facility that is representative of all Wastewater
from all processes. The request for a waiver must be signed by the Authorized
Representative of Industrial User and include the certification statement in 40 CFR
§403.6(a)(2)(ii). Non - detectable sample results may only be used as a
demonstration that a pollutant is not present if the EPA approved method from 40
CFR Part 136 with the lowest minimum detection level for that pollutant was used
in the analysis.
(iv) A grant of the monitoring waiver by the City must be included as a condition in
the Industrial User's permit. The reasons supporting the waiver and any
information submitted by the Industrial User in its request for the waiver must be
maintained by the City for 3 years after expiration of the waiver.
(v) Upon approval of the monitoring waiver and revision of the Industrial User's permit
by the City, the Industrial User must certify on each report with the statement
below, that there has been no increase in the pollutant in its waste stream due to
activities of the Industrial User:
Based on my inquiry of the person or persons directly responsible for managing
compliance with the Pretreatment Standard for 40 CFR [Specify applicable
National Pretreatment Standard part(s)], I certify that, to the best of my
knowledge and belief, there has been no increase in the level of [list
pollutants(s)] in the wastewaters due to the activities at the facility since filing of
the last periodic report under 40 CFR §403.12(e) (1).
(vi) In the event that a waived pollutant is found to be present or is expected to be
present based on changes that occur in the Industrial User's operations, the
Industrial User must immediately: Comply with the monitoring requirements in 40
CFR §403.12(e) (1) or other more frequent monitoring requirements imposed by
the City; and notify the City.
(vii) This provision does not supersede certification processes and requirements
established in Categorical Pretreatment Standards, except as otherwise specified
in the Categorical Pretreatment Standard.
Ordinance No. 2402 N.C.S. Page 6
Section 15.48.170 - Best Management Practices as Industrial Pretreatment Limits -
Sections 15.48.170A and 15.48.170E are hereby amended to read as follows:
Section 15.48.170 - Best Management Practices as Industrial Pretreatment Limits.
A. Background. Industrial local Pretreatment limits may be expressed through
conditions in the User's 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) (40 CFR §403.5(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). In cases where the
National Pretreatment Standard requires compliance with a Best Management
Practice or pollution prevention alternative, the Industrial User shall submit
documentation as required by the City or the applicable National Pretreatment
Standards to determine compliance with the National Pretreatment Standard as a
component of the Baseline Monitoring Report as required by 40 CFR §403.12(b) (5) (ii),
and Industrial Users not subject to Categorical Pretreatment Standards must submit
documentation regarding BMP or pollution prevention implementation required by
the City to determine the compliance status of the Industrial User as required by 40
CFR §403.12(h).
E. BMPs may be used at the discretion of the City where appropriate to meet such
Pretreatment standards in a practical and economic fashion.
1. Dental practices shall implement the following BMPs to reduce the amount of Mercury
entering the wastewater system as recommended by the California Dental Association in
2010 within 6 months of the adoption date of this ordinance:
a. Do not rinse amalgam- containing traps, filters, or containers in the sink as required by
CCR Title 22.
40 b. Do not place amalgam, elemental mercury, broken or unusable amalgam capsules,
41 extracted teeth with amalgam, or amalgam - containing traps and filters with medical
42 "red -bag" waste or regular solid waste.
43
44 c. Recycle, or manage as hazardous waste, amalgam, elemental mercury, broken or
45 unusable amalgam capsules, extracted teeth with amalgam- containing waste from
46 traps and filters. Empty dental amalgam capsules containing no visible materials may
47 be disposed of as a non - hazardous waste.
48 d. Collect and store dry dental amalgam waste in a designated, airtight container.
49 Amalgam, which is designated for recycling, should be labeled "Scrap Dental
Ordinance No. 2402 N.C.S. Page 7
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Amalgam" with the name, address and phone number of your office and the date
on which you first started collecting material in the container.
e. Keep a log of your generation and disposal of scrap amalgam; inspectors may ask to
see this to verify that your office is managing it correctly.
f. Separate excess contact dental amalgam from gauze that is retrieved during
placement and place in an appropriate container. Use chair side traps to capture
dental amalgam.
g. Change or clean, chair side traps frequently. Flush the vacuum system before
changing the chair side trap.
h. Change vacuum pump filters and screens at least monthly or as directed by the
manufacturer.
Check the p -trap under your sink for the presence of any amalgam- containing
waste.
j. Eliminate all use of bulk elemental mercury and use only pre - capsulated dental
amalgam for amalgam restorations.
k. Limit the amount of amalgam triturated (ground to a fine powder) to the closest
amount necessary for the restoration.
I. Train staff that handle or may handle mercury- containing raterial in its proper use
and disposal.
m. Install an amalgam separator complidnt with ISO 1 1 143.
n. Do not use bleach to clean discharge system as this may mobilize legacy mercury
and amalgam in the system.
CHAPTER 15.52 - SEWER USE DISCHARGE PERMITS
Section 15.52.050 - Permit conditions - the following provisions of this section are amended to
read as follows, except that subsections C through M shall remain unchanged:
A. Effluent limitations as required by Chapter 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, sampling location, composite sampling
and grab sampling description, peak flow requirements, and general Discharge
standards.
B. Monitoring requirements including an identification of the pollutants to be monitored
(including the process for seeking a waiver for a pollutant neither present nor
expected to be present in the Discharge in accordance with 40 CFR §403.12(e)(2), or
Ordinance No. 2402 N.C.S.
Page 8
a specific waived pollutant), frequency, sampling location and sample type. All
sampling and analytical methods shall be performed in accordance with 40 CFR 136.
Section 15.52.070 - Reporting requirements, subdivision (B and C) - the following provisions of this
section are amended to read in full as follows:
A. In accordance with 40 CFR 403.12(e), Periodic reports on continued compliance,
1. Any Industrial User subject to a categorical Pretreatment Standard (Chapter 15.48.010,
15.48.020, 15.48.030, 15.48.035), except a Non - Significant Categorical User as defined in
40CFR4.3.3(v) (2) after the compliance date of such Pretreatment Standard, or, in the
case of a New Source, after commencement of the Discharge into the POTW, shall
submit to the City during the months of June and December, unless required more
frequently in the Pretreatment Standard or by the permit or City, a report indicating the
nature and concentration of pollutants in the effluent which are limited by such
Categorical Pretreatment Standards. In addition, this report shall include a record of
measured or estimated average and maximum daily flows for the reporting period. The
Industrial User shall submit information showing the measured average daily and
maximum daily flow, in gallons per day, to the POTW from each of the following:
a. Regulated process streams.
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.
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.
B. In accordance with 40 CFR 403.12(h), 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
Ordinance No. 2402 N.C.S. Page 9
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. In cases
where a local limit requires compliance with a Best Management Practice or Pollution
prevention alternative, the User must submit documentation as required by the City to
determine the compliance status of the User. These reports shall be based on sampling and
analysis performed in the period covered by the report, and performed in accordance with
the techniques described in 40 CFR part 136 and amendments thereto. Where 40 CFR part
136 does not contain sampling or analytical techniques for the pollutant in question, or
where the Administrator determines that the part 136 sampling and analytical techniques
are inappropriate for the pollutant in question, sampling and analysis shall be performed by
using validated analytical methods or any other applicable sampling and analytical
procedures, including procedures suggested by the POTW or other Persons approved by the
Administrator. This sampling and analysis may be performed by the City in lieu of the
significant non - Categorical Industrial User. Where the POTW itself collects all the information
required for the report, the non - Categorical Industrial User will not be required to submit the
report. If the Industrial User monitors any regulated pollutant at the appropriate sampling
location more frequently than required by the City using procedures prescribed above, the
results of this monitoring shall be included in the report.
In addition, the City may require that any User discharging Wastewater into the Sanitary
Sewer file a periodic Discharge report. The Discharge report may include, but need not be
limited to: nature of process, volume, rates of flow, Mass Emission Rate, hours of operation,
number and classification of employees, or other information which relates to the generation
of waste including Wastewater constituents and characteristics in the Wastewater
Discharge. Such report may also include the chemical constituents of solid, liquid or gaseous
materials stored on site even though they may not normally be Discharged.
C. Reporting Requirements for Industrial Users upon effective date of Categorical Pretreatment
Standard - Baseline Report. Within one hundred eighty (180) days after the effective date of
a categorical Pretreatment Standard, or one hundred eighty (180) days after the final
administrative decision made upon a category determination submission under 40 CFR
403.6(a) (4), whichever is later, existing Industrial Users subject to such Categorical
Pretreatment Standards and currently discharging to or scheduled to Discharge to a POTW
shall be required to submit to the City a report which contains the information listed in
paragraphs (b) (1) -(7) of 40 CFR 403.12(b) and which includes the following:
Identifying Information. The User shall submit the name and address of the facility,
including the name of the operator and owners.
2. Permits. The User shall submit a list of any environmental control permits held by or for the
facility.
3. Description of Operation. The User shall submit a brief description of the nature of the
process, average rate of production (flow, volume, substances and concentrations in the
waste Discharge). The User shall also submit the Standard Industrial Classification (SIC) of
the operation(s) carried out by such Industrial User. This description should include a
schematic process diagram, indicating points of Discharge to the POTW from the
regulated processes.
4. Flow Measurement. User shall submit information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from the regulated process
Ordinance No. 2402 N.C.S. Page 10
streams and other streams as necessary to allow use of the combined waste stream
formula.
5. Measurement of Pollutants.
a. The User shall identify the Pretreatment Standards applicable to each regulated
process.
b. The User shall submit the results of sampling and analysis from each regulated
process to the City. The daily maximum and average concentration shall be
reported. The sample shall be representative of daily operations. In cases where the
National Pretreatment Standard requires compliance with a Best Management
Practice or pollution prevention alternative, the User shall submit documentation as
required by the City or the applicable National Pretreatment Standards to determine
compliance with the National Pretreatment Standard.
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.
Ordinance No. 2402 N.C.S. Page 1 1
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
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.
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.
Ordinance No. 2402 N.C.S. Page 12
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."
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.
Ordinance No. 2402 N.C.S. Page 13
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.
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.
If sampling performed by an Industrial User indicates a violation, the User shall notify the
City within twenty -four hours of becoming aware of the violation. The User shall also
repeat the sampling and analysis and submit the results of the repeat analysis to the City
within thirty (30) days after becoming aware of the violation except the Industrial User is
not required to resample if:
a. The City performs sampling at the Industrial User at a frequency of at least once per
month.
b. The City performs sampling at the User between the time when the User performs its
initial sampling and the time when the User receives the sampling results of this
sampling; or,
c. Where the POTW has performed the sampling and analysis in lieu of the Industrial
User, the POTW must perform the repeat sampling and analysis unless it notifies the
User of the violation and requires the User to perform the repeat analysis. Repeat
sampling and analysis must be done within thirty (30) days of becoming aware of
the violation.
3. The reports required in paragraph 15.52.100(A) (B) (C) (D) of this section and 40 CFR
403.12(d) shall be based upon data obtained through appropriate sampling and
analysis performed during the period covered by the report, which data is
representative of conditions occurring during the reporting period. The City shall require
that frequency of monitoring necessary to assess and assure compliance by Industrial
Ordinance No. 2402 N.C.S. Page 14
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.
4. All analyses shall be performed in accordance with procedures established by the EPA
pursuant to section 40 CFR 304(h) of the Act and contained in 40 CFR 136 and
amendments thereto or with any other test procedures approved by the EPA. Sampling
shall be performed in accordance with the techniques approved by the EPA. Where 40
CFR part 136 does not include sampling or analytical techniques for the pollutants in
question, or where the EPA determines that the part 136 sampling and analytical
techniques are inappropriate for the pollutant in question, sampling and analyses shall
be performed using validated analytical methods or any other sampling and analytical
procedures, including procedures suggested by the POTW or other parties, approved by
the EPA.
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.
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).
Ordinance No. 2402 N.C.S. Page 15
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.
3. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an
upset.
If the report demonstrates that the treatment plant was operated in a prudent and
workmanlike manner and in compliance with this section, a documented and verified
operating upset may be used as an equitable defense to mitigate any enforcement actions
brought against the permittee.
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.
CHAPTER 15.72 - CHARGES AND FEES
Section 15.72.010 - Purpose is amended to add the following:
No services of the wastewater system shall be furnished to a consumer free of charge.
SECTION 3. Compliance with the California Environmental Quality Act. The City Council finds
that this Ordinance is exempt from the provisions the California Environmental Quality Act
( "CEQA ") pursuant to sections 15308 (the activity is an action by a regulatory agency as
authorized by state law or local ordinance to assure the maintenance, restoration,
enhancement, or protection of the environment), 15060(c) (2) (the activity will not result in a
direct or reasonably foreseeable indirect physical change in the environment) and 15060(c) (3)
(the activity is not a project as defined in section 15378) of the CEQA Guidelines because it has
no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 4. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to
any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall
not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts
thereof of this Ordinance or their applicability to other persons or circumstances.
SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after the date
of its adoption by the Petaluma City Council.
SECTION 6. Publication. The City Clerk is hereby directed to post and/or publish this ordinance
or a synopsis of this ordinance for the period and in the manner required by the City Charter.
Ordinance No. 2402 N.C.S. Page 16
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INTRODUCED and ordered posted /published this 18th day of April, 2011.
ADOPTED this 2nd day of May, 2011 by the following vote.
Ayes: Albertson, Barrett, Mayor Glass, Harris, Vice Mayor Healy, Kearney, Ren6e
Noes: None
Abstain: None
Absent: None
P avii W dGlass, Mayor
ATTEST:
Claire Cooper, CMC, City Cler
APPROVED AS DO FORM:
Eric W. Danly, )City Attorney
Ordinance No. 2402 N.C.S.
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