HomeMy WebLinkAboutOrdinance 2006 N.C.S. 03/04/1996
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APR ®3. ~99~,
WASTEWATER DISCHARGE ORDINANCE 2006 NCS
TABLE OF CONTENTS
"CHAPTER 15.44 -GENERAL PROVISIONS
Section 15.44.010 -Purpose
Section 15.44.020 -Definitions
Section 15.44.030 -Abbreviations
CHAPTER 15.48 -SEWER USE REGULATIONS
Section 15.48.010 -General Discharge Prohibitions
Section 15.48.020 - ~ecific Discharge Prohibitions
Section 15.48.030 -Specific Limitations on Wastewater Strength
Section 15.48.040 -Discharge Into Storm Drain Prohibited
Section 15.48.050 -Prohibition of Stonn Drainage and Ground Water
Section 15.48.060 -Prohibition on Unpolluted Water
Section 15.48.070 -Prohibition on Use of Dilution Waters
Section 15.48.080 -Limitations on Point of Discharge
Section 15.48.090 -Limitations on Use of Garbage Grinders
Section 15.48.100 -Prohibition on Hospital Wastes
Section 15.48.110 -Removal Devices Required
Section 15.48.120 -Application of Most Strin7ent Limitations
Section 15.48.130 -Supplemental limitations
Section 15.48.140 -Federal Categorical Pretreatment Standards
Section 15.48.150 -Proper disposal of Sludges and Spent Chemicals
Section 15.48.160 -Authority to Require Pretreatment or Corrective Measures
Section 15.48.160 -Authority to Require Pretreatment or Corrective Measures
Section 15.48.170 -Notice to Employees -Discharge Regulations
Ordinance 2006 NCS Table of Contents
Page 1 of 68 pages
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CHAPTER 15.52 -WASTEWATER DISCHARGE PERMITS
Section 15.52.010 -Classification of Users
Section 15.52.020 -Sewer Use Permits Required
Section 15.52.030 -Sewer Use Permit Application
Section 15.52.040 - Reapplication for Sewer Use Permits
Section 15.52.050 -Permit Conditions
Section 15.52.060 -Permit Duration
Section 15.52.070 -Limitation on Permit Transfer
Section 15.52.080 -Property Rights
Section 15.52.090 -Refusal to Issue a Permit
Section 15.52.100 -Reporting Requirements
Section 15.52.110 -Confidential Information
Section 15.52.120 - ~ecial Agreements
CHAPTER 15.56 -ACCIDENTAL DISCHARGE
Section 15.56.010 -Protection Against Accidental Discharge
Section 15.56.020 -Notification of Accidental Discharge
Section 15.56.030 -Accidental Discharge -Record Keeping
Section 15.56.040 -Accidental Discharge -Liabilities
Section 15.56.050 -Accidental Discharge -Notice to Employees
Section 15.56.060 -Prevention of Accidental Discharges
CHAPTER 15.60 -SAMPLING AND INSPECTION
Section 15.60.010 -Sample Collection
Section 15.60.020 - Monitoring Facilities
Section 15.60.030 -Metered Wastewater Discharge, Water Supply and Diversions
Section 15.60.040 -Self-Monitoring
Section 15.60.050 -Inspection and Sampling
Section 15.60.060 -Maintenance of Monitoring Records
Section 1.5.60.070 -Industrial User Pretreatment
Ordinance ?006 NCS
Table of Contents
Page 2 of 68 pages
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CHAPTER 15.64 -SURCHARGES AND FINES
Section 15.64.010 -Abnormal Sewage Surcharge
Section 15.64.020 -Estimated Industrial Surcharge for Class Group
Section 15.64.030 - Administrative Fines
CHAPTER 15.68 -ENFORCEMENT
Section 15.68.010 -Harmful Contributions
Section 15.68.020 -Issuance of Cease and Desist
Section 15.68.030 -Emergency Correction
Section 15.68:040 -Damage to Facilities
Section 15.68.050 -Revocation of Permit
Section 15.68.060 -Notification of Violation
Section 15.68.070 -Show Cause Hearin
Section 1.5.68.080 - Falsi ,ping Information
Section 15..68.090 -Submission of Time Schedules
Section 15.68.100 -Appeals
Section 15.68.110 -Public Nuisance
Section 15.68.120 -Termination of Service
Section 15.68.130 -Civil and Criminal Liability
Section 15.68.140 -Civil Penalties
Section 15.68.150 -Criminal Penalties
Section 15.68.160 -Remedies Cumulative
Section 15.68.170 - Severability
Section 15.68.180 -Public Notification
Section 15.68.190 - ResponsibilitX
CHAPTER 15.72 -CHARGES AND FEES
Section 15.72.010 -Purpose
Section 15.72.020 -Types of Charges and Fees
Ordinance 2006 NCS
Table of Contents
Pane 3 of 68 pages
2 CHAPTER 15.76 -PAYMENTS AND ACCOUNTING
a Section 15.76.010 -Utility Accounting
s Section 15.76.020 -Disposition of Funds
6 Section 15.76.030 -Payment of Charges and Delinduent Charles
Ordinance ?006 NCS Table of Contents Page 4 of 68 pages
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s ORDINANCE 2006 NCS
6
~ INTRODUCED BY: SECONDED BY:
s
~ Councilman Matt Maguire Councilwoman Mary Stompe
io
1 i AN ORDINANCE OF THE CITY OF PETALUMA AMENDING
~2 TITLE 15 OF THE PETALUMA MUNICIPAL CODE BY
i3 REPEALING CHAPTER 15.44 THROUGH 15.73 THEREOF AND
is ADOPTING NEW CHAPTERS 15.44 THROUGH 15.76
is TO PROVIDE A COMPREHENSIVE SYSTEM OF
i~ WASTEWATER REGULATION
n AND
is REVENUE TO SUPPORT CONSTRUCTION, OPERATION, AND
i~ MAINTENANCE OF THE WASTEWATER DISPOSAL SYSTEM.
zo BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
?~ SECTION 1. Chapters 15.44 through l 5.72 of the Petaluma Municipal Code are hereby repealed.
2z SECTION 2. Chapters 15.44 through 15.76 are hereby added to Title I S of the Petaluma Municipal
23 Code as approved by Region 2, San Francisco Bay Region of the California Regional Water Quality
2a Control Board, to read and provide as follows:
?s "CHAPTER 15.44 -GENERAL PROVISIONS
~~ Section 15.44.010 -Purpose
z~ This ordinance sets forth uniform requirements for direct and indirect contribution into the wastewater
?s collection and treatment system for the City of Petaluma. This ordinance provides for the regulation of
z~ direct and indirect contributors to the municipal wastewater system through the issuance of permits to
3o certain non-domestic Users and through enforcement of general requirements for the other Users,
31 authorizes monitoring and enforcement activities, requires User reporting, and provides for the setting
3i of fees for the equitable distribution of costs resulting from the program established herein.
33
Ordinance ?006 NCS 15.44 General Provisions Page 5 of 68 pages
i The purpose of this ordinance is to:
z a) Provide for and regulate the disposal of sanitary sewage and industrial waste into the City
3 sanitary sewer system in such manner and to such extent as is reasonably necessary to maintain
a and increase the ability of such system to handle and dispose sanitary sewage and said industrial
s wastes;
6 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
g component parts;
9 d) Protect the City and its personnel, and preserve and protect the health, safety and comfort of the
io public;
u e) Comply with all applicable and compatible laws, rules, regulations and orders of the State of
iz California and the United States.
i3 f) Assess Fines:
is (1) deter potential violators
is (2) to provide fair and equitable treatment of the regulated community
i6 (3) to facilitate swift resolution of environmental problems
i~ (4) to deter future noncompliance by providing an incentive for Users to remain in compliance,
is and
i9 (5) to remove the economic benefit a User gains over others by not complying.
~o This ordinance shall apply to the City of Petaluma and to persons outside the City of Petaluma who are,
2i by agreement, Users of the Petaluma owned treatment works.
22
z3 Section 15.44.020 -DEFINITIONS
2a Unless the context specifically indicates otherwise, the following terms and phrases, as used in this
?s ordinance, shall have the meanings hereinafter designated:
z~ (1) Abnormal Sewage -Any commercial, institutional or industrial waste having a suspended solids,
z~ BOD, oil and grease or copper content in excess of that found in normal sewage but which is
?s otherwise acceptable in a public sewer under the terms of Chapter 15.48.
~9 (2) Abnormal Sewage Surcharge -The charge, in addition to the usual monthly charge for sanitary
so sewage service, levied against any person for services rendered for collection and treatment of
s~ abnormal sewage to defray the added cost of transporting and treating such abnormal sewage.
Ordinance 2006 NCS 15.44 General Provisions Pabe 6 of 68 pages
I (3)
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Accidental Discharge -The discharge of waste in quantities (either concentration, mass or
volume) greater than allowed in this ordinance or the discharge permit. The discharge may be
sudden or gradual.
(4) Act or "the Act" -The Federal Water Pollution Control Act, also known as the Clean Water
Act, as amended, 33 U.S.C. 1251, et. seq.
(5) Amenable to Treatment - A substance which does not damage or interfere with the operations of
the wastewater treatment system and is acceptable, after treatment, for stream discharge or
sludge disposal.
(6) Approval Authority -California Regional Water Quality Control Board, San Francisco Bay
Region -Surface Waters Division.
(7) Approved Methods - 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 addition of Standard Methods for the Examination of Water and Wastewater shall be used
or an analytical procedure approved by the Director.
(8) Authorized R~resentative of Industrial User - An authorized representative of an Industrial
User may be:
(A) A principal exec~rliv~ officc~r• at least the level of vice-president, if the Industrial
User is a corporation;
(B) A general partner or propr•zetor• if the Industrial User is a partnership or
proprietorship, respectively;
(C) A drily ccrrthorizecl r•epresefrtative of the individual designated above if such
representative is responsible for the overall operation of the facilities from which
the indirect discharge originates.
(9) Beneficial Uses -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) Biochemical Oxygen Demand (BOD) -The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure, (5) days at 20 degrees
centigrade expressed in terms of weight and concentration (milligrams per liter { mg/L }).
(11) Buildin Sg ewer - A sewer conveying wastewater from the premises of a User to the community
sewer.
Ordinance ?006 NCS 15.44 General Provisions Page 7 of 68 pages
i (12) pass -means the intentional diversion of waste streams from any portion of a treatment
z facility.
3 (13) Categorical Industrial User -All Industrial Users subject to National Categorical Pretreatment
a Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N (96).
s (14) Chemical Oxy~en Demand (COD) - a measure of the oxygen-consuming capacity of organic and
6 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.
s (15) C~ -The City of Petaluma or the City Council of Petaluma or the designee thereof.
~ (16) Community Sewer - A sewer owned and operated by the City.
io (17) Compatible Pollutant -Biochemical oxygen demand, total suspended solids and total coliform
ii bacteria, plus additional pollutants identified in the City's NPDES permit if the City's Water
i2 Pollution Control Plant was designed to treat such pollutants, and if such pollutants do not
~3 interfere with the operations of the Water Pollution Control Plant; or adversely impact sludge
~a use and disposal; or adversely impact air quality; and the Water Pollution Control Plant does
is remove such pollutant to a substantial degree.
i~ (18) Composite Sample - A sample which is collected manually or automatically, and discreetly or
i~ continuously over a 24 hour period or the entire period of operation (for facilities with less than
is 24 hour operations). Whenever possible, the sample should be collected in proportion to the
i9 flow at the time of the collection of the aliquot.
zo (19) Control Authority -The Director of Engineering for the City of Petaluma or the entity directly
2i administering and enforcing pretreatment standards and requirements against industrial Users.
?2 (20) Conventional Pollutant -Those pollutants that are susceptible to conventional treatment under
23 normal operating conditions. Only five pollutants are presently considered conventional
za pollutants; biochemical oxygen demand; total suspended solids (nonfilterable) (TSS); pH; fecal
zs coliform; fats, oil, and grease.
z6 (21) Cooling Water -The water discharged from any use such as air conditioning, cooling or
2~ refrigeration, or to which t11e only pollutant added is heat.
zs (22) Corrosive Wastes -Any liquid or waterborne waste or gaseous or solid substance which can
29 cause actual physical damage or destruction to any public or sanitary sewer or which prevents or
3o materially retards treatment of sewage in the Wastewater Treatment Plant.
3i (23) Diluting Waters -Cooling water, domestic sewage, ground water, surface drainage or potable
sz waters which are not part of an industrial process and which do not contain constituents for
Ordinance 2006 NCS 15.44 General Provisions Page 8 of 68 pages
i which United States Environmental Protection Agency (EPA) pretreatment limitations apply but
2 which are combined with industrial process wastewater prior to monitoring.
3 (24) Direct Discharge -The discharge of treated or untreated wastewater directly to the waters of the
a State of California.
s (25) Director -The Director of Engineering for the City, or his/her designee including duly
6 authorized City employees and City contractors.
~ (26) Domestic Sewage - (or Normal Sewage) Liquid and waterborne wastes derived from the
s ordinary living processes, free from industrial wastes, and character as to permit satisfactory
9 disposal, without special treatment, into City's sewerage system. Domestic waste shall be
io considered to have an average BOD of 250 mg/L and an average TSS of 250 mg/L.
ii (27) Environmental Protection Agency, or EPA. The U.S. Environmental Protection Agency, or
i2 where appropriate the term may also be used as a designation for the Administrator or other
is duly authorized official of said agency.
is (28) Flash point -The minimum temperature of a liquid at which the liquid gives off a vapor in
is sufficient concentration to ignite when tested under specific conditions.
i~ (29) Garbage -The putrescible solid waste from the domestic and partially prepared, cooking and
i~ dispensing of food and from the handling, storage and sale of produce.
is (30) Grab Sample - A sample which is taken from a waste stream on a one-time basis with no regard
i9 to the flow in the waste stream and without consideration of time.
zo (31) Hazardous Waste - A waste, or combination of wastes, which because of its quantity,
~1 concentration, or physical, chemical, infectious characteristics may;
22 (a) Cause, or significantly contribute to, an increase in mortality or an increase in
?3 serious irreversible, or incapacitating reversible illness; or
24 (b) Pose a substantial present or potential hazard to human health or the environment
?s when improperly treated, stored, transported, or disposed of or otherwise
z6 managed.
2~ (32) Holding tank waste -Any waste from holding tanks such as vessels, septic tanks, vacuum-pump
2s tank trucks, recreational vehicles, boats, campers, mobile homes, trailers, portable toilets,
~~ chemical toilets, or any temporary sanitation facility.
30 (33) Incompatible Pollutant -Any pollutant as defined in 40 CFR Part 264, Appendix V or any
si pollutant which is not included in the definition of Compatible Pollutant (this section).
Ordinance 2006 NCS 15.44 General Provisions Page 9 of 68 pages
~ (34) Indirect Discharge -The discharge or the introduction of pollutants from any non-domestic
2 source regulated under section 307(b), or (c), or (d) of the Act, (33 U.S.C. 1317), into the
3 Petaluma owned treatment works (including holding tank wastes discharged into the system).
a (35) Industrial User: A source of Indirect Discharge (See definition of Indirect Discharge.)
s (36) Industrial Waste -The waste and wastewater from any production, manufacturing or processing
6 operations of any nature, including institutional and operations if the wastewater is used for the
~ removal of significant quantities of waste other than from domestic sewage from premises
s connected to the City's sanitary sewer.
9 (37) Inspector - A person authorized by the Director to inspect wastewater generation, conveyance,
io process and disposal facilities.
ii (38) Interference - A discharge which, alone or in conjunction with a discharge or discharges from
is other sources, both:
i3 (i) inhibits or disrupts the Petaluma owned treatment works, its treatment processes or
is operations or its sludge processes, use or disposal; and,
is (ii) therefore contributes to a violation of any requirement of the City's NPDES Permit
i~ (including an increase in the magnitude or duration of a violation); or to the prevention
n of sewage sludge use or disposal by the Petaluma owned treatment works in accordance
is with the following statutory provisions and regulations or permits issued thereunder (or
~~ more stringent State or local regulations): Section 405 of the Act, (33 U.S.C. 1345),
zo Solid Waste Disposal Act (SWDA) (including Title II [RCRA]) including State
2~ Regulations contained in any State sludge management plan prepared pursuant to
~z Subtitle D of SWDA), the Clean Air Act, the Toxic Substances Control Act, Marine
z3 Protection, Research and Sanctuaries Control Act, and more stringent state criteria
2a applicable to the method of disposal or use employed by the Petaluma owned treatment
zs works.
?6 (39) Job Shop - A facility which owns not more than 50% (annual area basis) of the materials
z~ undergoing metal finishing.
?s (40) Lower Explosive Limit (L.E.L.) -the point where the concentration of gas-in-air is sufficiently
?9 large to result in an explosion if an ignition source is present.
30 (41) Manager -City Manager of the City of Petaluma.
3i (42) Minor User for Commercial User) -Any non-residential User that the City determines does not
s? meet the definition of Permitted User (15.52.010) but which discharges waste other than
33 domestic sewage to the City sewerage system.
Ordinance 2006 NCS 15.44 General Provisions Page 10 of 68 pages
1 (43) Mass Emission Rate -The weight of material discharged to the sewer system during a given
z time interval. Unless otherwise specified, the mass emission shall mean pounds per day of a
3 particular constituent or combination of constituents.
a (44) National Categorical Pretreatment Standard -Any regulation containing pollutant discharge
s limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C.
6 1317) which applies to a specific category of Industrial Users. These regulations are found in 40
~ CFR, Chapter I, Subpart N, Parts 405-471.
s (45) National Pollution Discharge Elimination System or NPDES Permit - A permit issued pursuant
~ to Section 402 of the Act (33 U.S.C. 1342).
io (46) National Pretreatment Standard: Any regulation containing pollutant discharge limits
i~ promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which are
i2 applied to Industrial Users. This term includes prohibitive discharge limits established pursuant
is to 40 CFR 403.5.
~a (47) National Prohibitive Discharge Standard or Prohibitive Discharge Standard -Any regulation
is developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5.
i6 (48) Natural Outlet -Any outlet into a watercourse, pond, ditch, lake, bay, ocean, or other body of
surface water, or outlet into the ground water.
is (49) New Source -Any building, structure, facility, or installation from which there is or may be a
i9 discharge of pollutants, the construction of which commenced after the publication of proposed
zo Pretreatment Standards under section 307(c) of the Act which will be applicable to such source
2i if such Standards are thereafter promulgated in accordance with that section, provided that:
2z (I) The building, structure, facility, or installation is constructed at a site at which no other
23 source is located; or
2a (ii) The building, structure, facility, or installation totally replaces the process or production
zs equipment that causes the discharge of pollutants at an existing source; or
2~ (iii) The production or wastewater generating processes of the building, structure, facility, or
z~ installation are substantially independent of an existing source at the same site.
zs In determining whether these are substantially independent, factors such as the extent to which
z~ the new facility is integrated with the existing plant, and the extent to which the new facility is
3o engaged in the same general type of activity as the existing source should be considered.
3i (50) Nonconventional Pollutants -all pollutants that are not classified as either conventional or
32 priority pollutants by the US EPA.
Ordinance 2006 NCS 15.44 General Provisions Pabe 11 of 68 pages
~ (51) Nuisance -Any condition which is injurious to health or offensive to the senses br obstruction to
a the free use of property so as to interfere with the comfort or enjoyment of life or property or
3 which affects at the same time an entire community or neighborhood or any considerable number
a of persons, although the extent of the annoyance or damage inflicted upon individuals may be
s unequal.
6 (52) Pass Through - A discharge which exits the Petaluma owned treatment works into the waters of
~ the United States in quantities or concentrations which, alone or in conjunction with a discharge
s or discharges from other sources, is a cause of violation of any requirement of the Petaluma
9 owned treatment works' NPDES permit (including an increase in the magnitude or duration of a
io violation) 40 CFR 403.3 (n).
ii (53) Person -Any individual, partnership, co-partnership, fine, company, corporation, association,
i2 joint stock company, trust, estate, governmental entity or any other legal entity, or their legal
is representatives, agents or assigns. The masculine gender shall include the feminine, the singular
is shall include the plural where indicated by the context.
is (54) ~H -The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed
i~ in moles per liter of solution.
i~ (55) Pollution -The man-made or man-induced alteration of the chemical, physical, biological, and
is radiological integrity of water.
i9 (56) Premises - A parcel of real estate including any improvements thereon which is determined by
20 the City to be a single User for purposes of receiving, using, and paying for service.
2i (57) Pretreatment or Treatment -The red~iction of the amount of pollutants, the elimination of
z2 pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful
2s state prior to or in lieu of discharging or otherwise introducing such pollutants in to a Petaluma
2a owned treatment works. The reduction or alteration can be obtained by physical, chemical or
is biological processes, or process changes other means, except as prohibited by 40 CFR Section
?~ 403.6(d).
2~ (58) Pretreatment Facility -Any facility or device for treatment, control or flow limitations of sewage
as or industrial waste, prior to discharge into a City sanitary sewer.
29 (59) Pretreatment Requirements -Any substantive or procedural requirement related to pretreatment,
30 other than a National Pretreatment Standard imposed on an Industrial User.
3i (60) Publicly Owned Treatment Works (POTW) - A treatment works as defined by section 212 of
32 the Act, (33 U.S.C. 1292) which is owned in this instance by the City. This definition includes
33 any sewers that convey wastewater to the Petaluma owned treatment works treatment plant, but
Ordinance 2006 NCS 15.44 General Provisions Page 12 of 68 pages
i does not include pipes, sewers or other conveyances not connected to a facility providing
z treatment. For the purposes of this ordinance, "Petaluma owned treatment works" shall also
s include any sewers that convey wastewater to the Petaluma owned treatment works from
a persons outside the City who are, by contract or agreement with the City, Users of the City's
s Petaluma owned treatment works.
6 (61) Priority Pollutant -The EPA list of 126 substances which are an environmental hazard and may
~ be present in water. Because of the known or suspected hazards of these pollutants, industrial
s Users of the substances are subject to regulation.
9 (62) Petaluma owned treatment works Treatment Plant -That portion of the Petaluma owned
io treatment works designed to provide treatment to wastewater.
i~ (63) Reclaimed Water -Water which, as a result of treatment of waste, is suitable for direct beneficial
~z use or a restricted beneficial use that would not otherwise occur.
i3 (64) Regional Water Quality Control Board -Region 2 of the California Regional Water Quality
is Control Board, San Francisco Bay Region.
is (65) Sanitary Sewer -Pipe or conduit which carries domestic sewage and/or industrial waste and to
i~ which storm, surface water and groundwater are not intentionally admitted. A City sewer or
i~ public sewer is any sewer located within as easement of public right-of--way and which is
is maintained by the City.
i9 (66) Sewerage System -All sewers, facilities and appurtenances owned or operated by the City for
zo carrying, collecting, pumping, treatment and disposal of waste and wastewater.
zi (67) Shall is mandatory: Mavis permissive.
zz (68) Significant Industrial User -Any Industrial User of the City's wastewater and disposal system
z3 who is:
za (i) categorical industrial User
zs (ii) any other non-categorical Industrial User that:
z6 - discharges 25,000 gallons per day or more of process wastewater ("process
?~ wastewater" excludes sanitary, non-contact cooling and boiler blow down wastewaters),
zs - contributes a process waste stream which makes up 5 percent or more of the average
z9 dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the Petaluma owned
3o treatment works); or
3i - has a reasonable potential, in the opinion of the Control or Approval Authority, to
3z adversely affect the Petaluma owned treatment works' operation (inhibition, pass-
33 through of pollutants, sludge contamination, or endangerment of Petaluma owned
Ordinance 2006 NCS 15.44 General Provisions Page 13 of 68 pages
t treatment works workers) or for violating any pretreatment standard or requirement (in
2 accordance with 40 CFR 403.8(f)(b).
3 (69) Significant Noncompliance -Are Industrial User violations which meet one or more of the
a following criteria:
s 1. Violations of wastewater discharge limits.
6 a. Chronic violations. Sixty-six percent or more of all the measurements taken
~ during asix-month period exceed (by any magnitude) the daily maximum limit or
s the average limit for the same pollutant parameter.
9 b. Technical Review Criteria (TRC) violations. Thirty-three percent or more of all
io the measurements for each pollutant parameter taken during asix-month period
ii equal or exceed the product of the daily maximum limit or the average limit
i2 multiplied by the applicable TRC..
i3 There are two types of TRCs:
~a (a) Type I for conventional pollutants (BOD; TSS; fats, oils, and grease)
is TRC = 1.4
i6 (b) Type II for all other pollutants except pH, TRC = 1.2
i~ c. Any other violation(s) of a pretreatment effluent limit (daily maximum or longer-
is term average) that the Control Authority believes has caused, alone or in
i~ combination with other discharges, interference (e.g., slug loads) or pass-
zo through; or endangered the health of the sewage treatment personnel or the
2i public.
z2 d. Any discharge of a pollutant that has caused imminent endangerment to human
i3 health/welfare or to the environment and has resulted in the Petaluma owned
2a treatment works' exercise of its emergency authority under 40 CFR
?s 403.8(f)(1)(vi)(B)to halt or prevent such a discharge.
z6 2. Violations of compliance schedule milestones, contained in a local control mechanism or
z~ enforcement order, for starting construction, completing construction, or attaining final
as compliance within 90 days after the schedule date.
?~ 3. Failure to provide required reports, such as compliance schedule, reports, self-
3o monitoring reports, categorical standards baseline monitoring reports, 90-day
3i compliance reports, and periodic reports) within thirty 30 days from the due date.
3z 4. Failure to accurately report noncompliance.
Ordinance 2006 NCS 15.44 General Provisions Page 14 of 68 pages
i 5. Any other violation or group of violations that the Control Authority considers to be
2 significant.
3 (70) Slug Discharge -Any discharge of water, sewage, or industrial waste which in concentration of
a any given constituent or in quantity of flow exceeds, for any duration longer than fifteen
s minutes, more than five times the average twenty-four hour concentration or flow rate during
6 normal operation.
~ (71) Solvent Management Plan - A strategy for keeping track of all solvents delivered to a site, their
s 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
io segregated wastes, and to prevent the discharge of toxic organics to any wastewater collection
i i system or the environment.
~z (72) Standard Industrial Classification (SICK - A classification pursuant to the Standard Industrial
is Classification Manual issued by the Executive Office of the President, Office of Management
is and Budget, 1987.
is (73) State -State of California.
i6 (74) Storm Sewer - A sewer which carries storm and surface waters and drainage, but which
i~ excludes sewage and industrial waste.
is (75) Storm Water -Any flow occurring during or following any form of natural precipitation and
i9 resulting therefrom.
zo (76) Superintendent -The person designated by the City to supervise the operation of the publicly
2i owned treatment works and who is charged with certain duties and responsibilities by this
22 article, or his dully authorized representative.
Zs (77) Total Suspended Solids Lor TSS) -The total suspended matter that floats on the surface of, or is
za suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
zs (78) Total Toxic Organics ,TTO) -The sum of the masses or concentrations of specific toxic organic
z~ compounds found in the Industrial User's process discharge at a concentration greater than 0.01
2~ mg/L. Each Categorical Standard lists the specific toxic organic compounds that are to be
is included in the summation to define TTO for the category. For the purpose of enforcement of
?9 this ordinance, non-categorical Users or categorical Users without a specific list of TTO
so compounds shall be subject to the TTO list for the electroplating category.
3i (79) Toxic Pollutant -Any pollutant or combination of pollutants listed as toxic in regulations
s2 promulgated by the Administrator of the Environmental Protection Agency under the provision
ss of CWA 307(a) or other Acts.
Ordinance 2006 NCS 15.44 General Provisions Page 15 of 68 pages
- (80) Treatment Plant Upset -Interference as defined this section.
2 (81) User -Any person who contributes, causes or permits the contribution of wastewater into the
3 City's Petaluma owned treatment works.
a (82) Waste Minimization -The reduction or elimination, to the extent feasible, of any waste that is
s generated or subsequently treated, stored, or disposed of. It is the elimination or reduction in
6 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.
s (83) Wastewater -The liquid and water-ca--ried industrial or domestic wastes from dwellings,
9 commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is
-o contributed into or permitted to enter the Petaluma owned treatment works.
-- (84} Wastewater Dischar~,e Permit - (Sewer Use Permit) As set forth in 15.52.020 of this ordinance.
-2 (85) Water Quality Requirements -Requirements for the City's treatment plant effluent established by
-3 the National Pollution Discharge Elimination System permit, or by State or Federal regulatory
-a agencies. Water quality requirements include effluent limitations and waste discharges standards,
-s limitations, or prohibitions which may be established or adopted by the State or Federal laws or
-6 regulatory agencies.
-~ (86) Waters of the State -All streams, lakes, ponds, marshes, watercourses, waterways, wells,
-a springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or
-9 accumulations of water, surface or underground, natural or artificial, public or private, which are
20 contained within, flow through, or border upon the State or any portion thereof.
2-
22 Section 15.44.030 -Abbreviations
23
Ordinance 2006 NCS 15.44 General Provisions Page 16 of 68 pages
i The following abbreviations shall have the designated meanings:
z .BOD -Biochemical Oxygen Demand
s .CFR -Code of Federal Regulations
a .COD -Chemical Oxygen Demand
s CWA -Clean Water Act
~ .EPA -Environmental Protection Agency
~ .L -Liter
s .mg -Milligrams
9 .mg/L -Milligrams per liter.
io .NPDES -National Pollutant Discharge Elimination System
i~ .POTW -Publicly Owned Treatment Works
i2 .SIC -Standard Industrial Classification
i3 .SWDA -Solid Waste Disposal Act, 42 U.S.C. ~et:seg6901, et seq.
to .USC -United States Code
is .TSS -Total Suspended Solids
i~ ###
Ordinance 2006 NCS 15.44 General Provisions Page 17 of 68 pages
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CHAPTER 15.48 -SEWER USE REGULATIONS
Section 15.48.010 -General Discharge Prohibitions
No User shall contribute or cause to be contributed, directly or indirectly, any pollutant(s) or
wastewater which will:
a) cause a violation of the Petaluma owned treatment works NPDES Permit or a deterioration of
water quality in the receiving stream;
b) cause pass through or interfere with the Petaluma owned treatment works operations;
c) restrict sludge disposal options or cause a violation of sludge disposal regulations;
d) endanger the health and safety of the Petaluma owned treatment works or collection systems
employees or the general public.
These general prohibitions and the specific prohibitions of this section apply to each User introducing
pollutants into the Petaluma owned treatment works whether or not the User is subject to other
National Pretreatment Standards or any other Federal, State, Regional or local pretreatment standards
or requirements.
Section 15.48.020 -Specific Discharge Prohibitions
No User shall discharge any wastewater having the following characteristics:
(a) High Temperature -Any water or waste having a temperature higher than 140 F (60 C)
at the point of discharge or which causes the plant influent temperature to exceed 104 F
(40 C). Any wastewater having a temperature which will inhibit biological activity in the
Petaluma owned treatment works resulting in interference.
Ordinance 2006 NCS 15.48 Sewer Use Regulations
Page 18 of 68 pages
I (b) Corrosive Wastes -Waste having a pH lower than 6.0 or higher than 9.5, or having a pH
2 which will cause damage to the collection system or interfere with Petaluma owned
s treatment works treatment processes.
4
s (c) Fire or Explosion -Any liquids, solids or gases which by reason of their nature or
6 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
a Petaluma owned treatment works.
9
to At no time, shall two successive readings on an explosion hazard meter, at the point of
II discharge into the sanitary sewer (or at any point in the system) be more than five
t2 percent (5%) or any single reading over ten percent (10%) of the Lower Explosive Limit
13 (LEL) of the meter, or have aClosed-Cup Flash point of less than 140 degrees F (60 C)
14 using the test methods specified in 40 CFR 261.21.. Prohibited materials include, but are
Is not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols,
I~ ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and
17 sulfides and any other substances which the City, the State and EPA has identified as a
Is fire hazard or a hazard to the system.
19
20 d) Obstruction of Flow -Solids or viscous substances which may cause obstruction of the
21 flow in a sewer or other interference with the operation of the wastewater treatment
22 facilities such as, but not limited to: grease, garbage with particles greater than one-half
23 (1/2) inch (1.27 centimeters) in any dimension, animal guts or tissues, paunch manure,
2a bones, hair, hides, fleshing, entrails, whole blood, feathers, ashes, cinders, wax, sand,
2s spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags,
26 spent grains, spent hops, waste paper, wood, plastics, tar, asphalt residues, residues from
27 refining, or processing of fuel or lubrication oil, mud or glass grinding or polishing
2s wastes.
29
so e) Toxic Pollutants -Any wastewater containing toxic pollutants in sufficient quantity,
31 either singly or interaction with other pollutant, that would pass-through or interfere
32 with the wastewater treatment process, or constitute a hazard to human, animal or plant
Ordinance 2006 NCS 15.48 Sewer Use Regulations Page 19 of 68 pages
t life, including aquatic organisms, or create any hazards in the waters receiving the
a wastewater treatment plant effluent.
3
a A toxic pollutant shall include but not be limited to any pollutant identified pursuant to
s Section 307(a) of the act. Compounds specifically prohibited include any poly-
6 chlorinated biphenyl (PCB), any pesticide (including any insecticides, herbicides, or
~ fungicides) such as, but not limited to chlordane, heptachlor, heptachlor epoxide, aldrin,
s dieldrin, dichlorodiphenyl trichloro ethane (DDT), dichloro-diphenyldichloro ethene
9 (DDE), rothane (DPD).
io
~t f) Noxious or Malodorous Substances -Any harmful or offensive, gases, or solids which
~2 either singly or by interaction with other wastes are sufficient to violate air quality
~s standards at the Petaluma owned treatment works, create a public nuisance or hazard to
~a life or are sufficient to prevent entry into the sewers for maintenance and repair. Any
is volatile organic pollutant in such concentration that would cause the headspace gases to
i6 exceed a 300 hexane equivalent level over equilibrated wastewater or exceed Toxicity
1~ Discharge Screening Levels based on Fume Toxicity.
is
i9 g) Disposal/Reclamation -Any substance which may cause the Petaluma owned treatment
20 work's effluent or any other product of the Petaluma owned treatment works such as
2~ residues, sludges, or scum, to be unsuitable for reclamation and reuse or to interfere with
22 the reclamation process. In no case, shall a substance discharged to the Petaluma owned
2s treatment works cause a violation of the criteria, guideline or regulations developed
Za under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use
2s or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the
26 Toxic Substances Control Act, or State or local criteria applicable to the sludge disposal.
2~
zs h) Petaluma owned treatment works Violation -Any substances which will interfere with
29 the wastewater treatment process, or cause the Petaluma owned treatment works to
so violate or continue to violate its NPDES permit. This includes, but is not limited to slug
3t discharges, oxygen demanding pollutants (BOD or COD), suspended solids, heavy
s2 metals, oil and greases or toxic organic compounds; released at a flow rate and/or
Ordinance 2006 NCS 15.48 Sewer Use Regulations Page 20 of 68 pages
t pollutant concentration which will cause interference to the Petaluma owned treatment
2 works.
3
a i) Detrimental Environmental Impact - Any substance which may have a harmful
s environmental impact or create a nuisance in the waters of the state or a condition which
6 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
s of any public agency or State or Federal regulatory body.
9
to j) Discoloration -Any wastewater creating discoloration or any other condition in the
11 quality of the Petaluma owned treatment works effluent such that receiving water quality
12 requirements established by law cannot be met.
13
la k) Hazard or Public Nuisance -Any waste, which, as determined by the Director, may have
is an adverse or harmful effect on sewer, maintenance personnel, wastewater treatment
16 plant personnel or equipment, treatment plant effluent quality, public or private property
17 or may otherwise endanger the public, the local environment or create a public nuisance.
is The Director shall in determining the acceptability of specific wastes, consider the nature
19 of the waste and the adequacy of the collection, treatment and disposal system available
20 to accept the waste.
21
22 1) Excessive Flow -Total quantities of flow or instantaneous peaks which due to volume or
23 manner of delivery require a disproportionate share of the City's treatment plant capacity.
2a This also includes flows w}lich, alone or in combination with others, cause excessive
2s treatment costs and/or treatment plant process upsets.
26
27 m) Radioactive Wastes - No User shall, and it shall be unlawful, to discharge, cause to be
2s discharged, or permit to be discharged, any radioactive waste into the sanitary sewer,
29 except:
30
31 i) Users authorized to use radioactive materials by the State Department of Health
32 or other governmental agency empowered to regulate the use of radioactive
33 materials may discharge, cause to be discharged, permit to be discharged such
Ordinance 2006 NCS 15.48 Sewer Use Regulations Page 21 of 68 pages
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wastes, provided that such wastes are discharged in strict conformance with the
current State of California Code of Regulations, Title 17 and Federal Regulations
and recommendations for safe disposal of such wastes as they now exist or may
hereafter be amended; and
ii) 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.
Section 15.48.030 -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
POLLUTANT DAILY
COMPOSITE
SAMPLE
(values in mg/L)
ARSENIC 0.20
BARIUM 7.00
BERYLLIUM 0.03
CADMIUM 0.01
CHROMIUM' -TOTAL 0.42
CYANIDE 0.26
LEAD 0.12
MERCURY 0.001
Ordinance 2006 NCS 15.48 Sewer Use Regulations
Page 22 of 68 pages
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SELENIUM 0.10
SILVER 0.10
ZINC 1.00
PHENOL 1.00
b) Any discharge which contains greater than 700 mg/L of suspended solids or 900 mg/L of
BOD.
c) Any water or waste which contains more than 100 mg/L, by weight, of 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 32 to 140 F
(0 to 60 C).
d) Any waste containing Total Toxic Organics (TTO), as defined in this ordinance, greater
than 1 mg/L.
e) Any wastewater containing copper or nickel at levels above the domestic concentrations
as determined by the Control Authority, unless issued a Wastewater Discharge Permit
containing mass-based limits for copper and/or nickel.
f) Any wastewater having BOD, TSS, oil and grease or copper in excess of
concentrations found in normal domestic sewage unless an Abnormal Sewage Surcharge is
levied as defined by this Ordinance. At no time shall a 24 hour composite sample of a User's
discharge contain these constituents in excess of permit limits.
Section 15.48.040 -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.
Section 15.48.050 -Prohibition of Storm Draina<~e and Ground Water
Ordinance 2006 NCS 15.48 Sewer Use Regulations
Pabe 23 of 68 pages
1 Storm water, ground water, rain water, street drainage, subsurface drainage or yard drainage shall not
2 be discharged through direct or indirect connections to the sanitary sewer. The City may approve the
s discharge of such water only when no reasonable alternative method of disposal is available. If a permit
4 is granted for the discharge of such water into the sanitary sewer, the User shall pay the applicable User
s charges and fees and meet such other conditions as required by the City.
6
~ Section 15.48.060 -Prohibition on Unpolluted Water
s
9 Unpolluted water ir-cluding, but not limited to cooling water, process water or blow-down from cooling
to towers or evaporative coolers shall not be discharged through direct or indirect connection to a City
11 sewer unless a permit is issued. The City may approve the discharge of such only when no reasonable
12 alternative is available.
13
14 If a permit is granted for the discharge of such water into a community sewer, the User shall pay the
is applicable charges and fees and shall meet suc}1 other conditions as required by the City.
16
17 Section 15.48.070 -Prohibition on Use of Dilution Waters
-a
19 No User shall ever increase the use of process water or in other way, attempt to dilute a discharge as a
20 partial or complete substitute for adequate treatment to achieve compliance with a Pretreatment
21 Standard or Requirement or any other State or local requirement or standard.
22
23 Section 15.48.080 -Limitations on Point of Discharge
24
2s No User shall discharge any substance directly into a manhole, clean out or other opening in a sanitary
26 sewer other than through an approved building sewer, unless upon written application by the User and
27 payment of the applicable User charges and fees, the City issues a permit for such direct discharges.
2s
29 No person shall discharge any holding tank wastes, or wastes from barrels, storage tanks or any other
3o such containers not directly connected to the City sewer unless the User has obtained a Special
31 Discharge Permit. Unless otherwise allowed by the City, under the terms and conditions of the Special
32 Discharge Permit, a separate Permit must be secured for each separate discharge. The User may be
3s required to sample, analyze and report to the Director the characteristics of the waste, prior to the
Ordinance 2006 NCS 15.48 Sewer Use Regulations Page 24 of 68 pages
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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.
Section 15.48.090 -Limitations on Use of Garba~.;e Grinders
Waste from garbage grinders shall not be 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;
c) At any time the property or business changes ownership, excluding residential property,
the existing garbage grinders on the property must be removed unless the User has
obtained a permit for that specific use from the City, agrees to undertake whatever self-
monitoring is required to enable the City to equitably determine the charges and fees
based on the waste constituents and characteristics.
All garbage grinders must be repaired or replaced as necessary in order to at all times ensure that the
waste is shredded to a degree that all particles will be carried freely under normal flow conditions
prevailing in the City sanitary sewer, with no particle greater than one half (1 /2) inch (1.27 centimeters)
in any dimension. Garbage grinders shall not be used for grinding plastic, or paper products, inert
materials, or garden refuge.
Section 15.48.100 -Prohibition on Hospital Wastes
Hospitals, clinics, offices of medical doctors, and convalescent homes shall not discharge to the sanitary
sewer:
a) Equipment, instruments, utensils, hypodermic needles, syringes and associated articles.
Ordinance 2006 NCS 15.48 Sewer Use Regulations
Page 25 of 68 pages
t b) Any article that may harbor or transmit pathogenic organisms and that are used in the
a rooms of patients having a suspected or diagnosed communicable disease which by the
3 nature of the disease is required to be isolated.
4
s c) Recognizable portions of the human anatomy.
6
~ d) Waste excluded by other provisions of these regulations.
s
9 Nothing in this section shall be construed to limit the authority of appropriate .health agencies to define
to wastes as being infectious and to prohibit discharge to the sanitary sewer.
tt
i2
t3 Section 15.48.110 -Removal Devices Required
to
is Fat, grease, and oil; and sand removal devices (interceptors and grease traps) shall be installed by the
t~ User when, it is determined by the Director, they are necessary for the proper handling of liquid wastes
i~ containing grease or oil, sand or other harmful ingredients, except that such removal devices shall not be
is required for residential units. Toilets, urinals, wash basins or any fixtures receiving fecal material shall
t9 not flow through the removal device.
20
2~ All removal devices shall be of a type and capacity approved by the Petaluma owned treatment works
?2 and the City Code Compliance Department. The removal device shall be installed in conformity with
zs approved plans and in accordance with all City codes and regulations. The removal device shall be
za located so as to be readily and easily accessible for cleaning and inspection.
Zs
26 The removal device shall be maintained in efficient operating condition by periodic removal of
?~ accumulated grease, sand or other material. Failure to clean or maintain the removal device shall be a
2s violation and subject to an enforcement action. Wastewater having excessive temperatures causing the
2~ pass through of grease, shall not be discharged to the removal device. No emulsifiers, enzymes, solvents
30 or any other substances which cause the pass through of grease shall be used in the removal device.
s~ Users requiring removal devices shall maintain records of maintenance and cleaning of removal devices
32 for three (3) years. These records shall be made available to the Director for inspection and copying
33 upon request.
Ordinance 2006 NCS 15.48 Sewer Use Regulations Page 26 of 68 pages
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Abandoned fat, oil, and grease or sand and grit removal devices shall be removed as required for
abandoned septic tanks (Uniform Plumbing Code).
Section 15.48.120 -Application of Most Strin;ent Limitations
The most stringent regulations or standards: Federal, State, Regional, or local shall apply.
Section 15.48.130 - Suflplemental limitations
a) The limitations on wastewater strength and prohibitions in these regulations may be supplemented
with more stringent limitations if
i) The City determines that the limitations may not be sut~icient to protect the operation of
the Petaluma owned treatment works;
ii) The City determines that the limitations lnay not be sufficient to enable the Petaluma
owned treatment works to comply with water quality standards, or effluent limitations
specified in the Petaluma owned treatment work's NPDES permit;
iii) The discharge is of such a nature that it reduces or impairs the Petaluma owned
treatment work's effluent ,reclamation, discharge, or sludge disposal options.
iv) In the Director's evaluation, the discharge, alone or in combination with any other
discharge, poses a threat or unreasonable. risk to the Petaluma owned treatment works or
personnel.
b) The City may also, through the use of the permit, make specific allocations of pollutants to
industries using one of the following allocation methods:
i) Concentration limit based industrial contributory flow;
Ordinance 2006 NCS 15.48 Sewer Use Regulations Page 27 of 68 pages
1 ii) Mass proportion limits;
a iii) Selected industrial reduction.
3
a These allocation methods shall not allow any increased loading of any pollutant to the Petaluma owned
s treatment works nor shall they allow higher limits than Federal Categorical Standards.
6
7
s Section 15.48.140 -Federal Categorical Pretreatment Standards
9
to Standards and Requirements under 40 Code of Federal Regulations 405 through 471 are hereby
l t accepted by reference.
12
13 Section 15.48.150 -Proper disposal of Sludges and Spent Chemicals
14
is The disposal of sludges, spent chemicals and hazardous materials generated shall be done in accordance
16 with all applicable Federal, State and local laws, regulations and ordinances including: Section 405 of
n the Clean Water Act (CWA); Subtitles C & D of the Resource Conservation and Recovery Act
tg (RCRA); and Title 22, Division 4, Chapter 30 of the California Administrative Code. A record of
19 disposal shall be maintained and available for review by the City.
zo
21
22 Section 15.48.160 -Authority to Require Pretreatment or Corrective Measures
23
2a Users shall make wastewater acceptable under the limitations established in these regulations before
is discharging to the sanitary sewer. Any pretreatment facilities required to pretreat wastewater to a level
a6 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 User shall be required to
?s furnish a compliance schedule and plans, approved prior to construction, showing the schedule of
z9 activities, time frame and method of pretreatment proposed. This pretreatment facility or measures shall
3o be installed in conformity with the approved plans and other City codes or regulations. The approval of
st the pretreatment method will in no way relieve the User froth the responsibility of modifying the facility
32 as necessary to produce as effluent acceptable to the City under the provisions of these regulations. Any
Ordinance 2006 NCS 15.48 Sewer Use Regulations Page 28 of 68 pages
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subsequent changes in the pretreatment facilities or method of operation shall be reported to and be
acceptable to the City.
The effectiveness of the pretreatment unit discharging to the sanitary sewer will be monitored by the
City at the dischargers expense. All records relating to compliance of the pretreatment unit with
discharge standards shall be made available to the EPA or Approval Authority.
In addition to pretreatment, or separately, the City lnay require the User to develop and adopt a waste
minimization or pollution prevention plan to reduce the quantity of waste discharged to the Petaluma
owned treatment works.
Section 15.48.170 -Notice to Employees - Dischar,e Re~~ulations
In order that employees of Users be informed of City requirements, Users shall make available to their
employees copies of these regulations togeti~el- 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.
###
Ordinance 2006 NCS 15.48 Sewer Use Regulations
Page 29 of 68 pages
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3 CHAPTER 15.52 -WASTEWATER DISCHARGE PERMITS
a
s
6 Section 15.52.010 -Classification of Users
s The Director shall classify all non-residential Users either by assigning each one to a "User
9 classification" according to the principal activity conducted on the User's premises, by the analysis of the
to individual User, or by a combination thereof. The purpose of such collective and/or individual
11 classification is to facilitate the regulation of wastewater discharges based on wastewater constituents
12 and characteristics, to provide an effective means of source control, and to establish a system of charges
13 and fees which will insure an equitable recovery of the City's costs.
14
is Each User shall initially be classified as either Permitted Industrial User User or a Minor User
16 (Commercial or non-domestic). Minor Users may be further classified by like business activity or by the
17 similarity of waste discharge characteristics. Eacll Minor User within a User Class shall have the salve
is pretreatment, monitoring, and record keeping requirements and the same fee schedule as other members
19 of the class.
20
21 Non-residential Users may be exempted from the permit requirements of this article at the discretion of
22 the Director if they are known to discharge only sanitary wastewater (as defined).
23
24
2s Section 15.52.020 -Sewer Use Permits Regttired
26
z~ a) Permitted Industrial User User Permits -All Permitted Industrial Users Users and
2s industries using/discharging EPA priority pollutants proposing to connect to or to
29 contribute to the POTW shall obtain aSewer -Use Permit before connecting to or
3o contributing to the POTW. All existing Permitted Industrial User Users and industries
31 using/discharging EPA priority pollutants shall obtain Wastewater Discharge Permits
32 within ninety (90) days of the effective date of this Ordinance.
33
Ordinance 2006 NCS 15.52 Wastewater Discharge Permits Page 30 of 68 pages
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b) Groundwater Remediation Permits -All Users proposing to discharge contaminated
groundwater from a groundwater remediation project. shall obtain an Industrial User
Permit for the remediation project.
c) Special Discharge Permits -All Users proposing to discharge domestic or non-hazardous
wastes meeting the conditions of Sections 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.
Section 15.52.030 -Sewer Use Permit Application
Users required to obtain a Sewer Use Permit shall complete and file with the Director, a permit
application accompanied by the application fees. Proposed new Users shall apply thirty (30) days prior
to connecting or contributing to the POTW. The applicant lnay be required to submit, in units and
terms appropriate for 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 voluble 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 determined by an approved laboratory;
e) Time and duration of discharge;
f) Average and maximum wastewater flow rates, including daily, monthly and seasonal
variations, if any,
Ordinance 2006 NCS 15.52 Wastewater Discharge Permits
Page 31 of 68 pages
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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) Spill prevention plans;
1) Chemical or Solvent management plans;
m) Waste minimization plans;
n) 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 lnay issue a sewer use permit, which may be
subject to specific terms or conditions provided therein. The holder of all permits issued hereunder shall
be subject at all times to all applicable Federal, State and local laws and regulations.
Section 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) Upon change of any activity resulting in change in type of industrial wastewater.
Ordinance 2006 NCS 15.52 Wastewater Discharge Permits Page 32 of 68 pages
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The holders of all permits issued shall be subject at all times to all applicable Federal, State, and local
laws and regulations. At no time and in no way, shall the holder of any permit acquire, or be regarded as
have acquired, a vested or continuing right to maintain, or to have continued, any connection to the City
sanitary sewer.
Section 15.52.050 -Permit Conditions
Sewer use permits shall be subject to all provisions of this Ordinance, 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, applicable Federal and State regulations.
Permits may contain restrictions and requirements including but not limited to the following:
a) Schedule of User charges and fees. Requirements to pay applicable User charges or fees
within thirty (30) days of invoice;
b) Limits on the average and maximum wastewater constituents and characteristics;
c) Limits on average and maximum mass rates, and time of discharge, requirements for
flow regulation and equalization;
d) Requirements for the submission of reports as stated in Section 15.52.090;
e) Requirements for installation and maintenance of monitoring and inspection facilities;
f) Specification for self-monitoring programs which may include sampling locations,
frequencies, and method of sampling, number, types, and standards for tests and
reporting schedules;
g) Compliance schedules with requirements for reporting progress;
h) Requirements for submission of technical reports, progress reports or discharge reports;
Ordinance 2006 NCS 15.52 Wastewater Discharge Permits
Page 33 of 68 }ages
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i) Requirements for maintaining plant records relating to wastewater discharge as specified
by the City, and allowing access to those records;
j) 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;
k) Pretreatment requirements;
1) Requirements for notification of slug discharges;
m) Limits for incompatible pollutants present in tine User's wastewater discharge;
n) Requirements for the development and implementation of waste minimization plans.
o) Other conditions or requirements as deemed appropriate by the City to ensure
compliance with these regulations.
Section 1.5.52.060 -Permit Duration
A permit shall be for a specified period, not to exceed five (5) years. The User shall apply for permit re-
issuance aminimum of ninety (90) days prior to the expiration of the User's existing permit. The terms
and conditions of the permit may be subject to modification by the City during the term of the permit as
limitations or further requirements are identified or if other just cause exists. The User shall be informed
of any proposed changes in his 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.
Section 15.52.070 -Limitation on Permit Transfer
Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the
Director:
Ordinance 2006 NCS 15.52 Wastewater Discharge Pernuts
Page 34 of 68 pages
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a. The permittee must give at least thirty (30) days advance notice to the Director.
b. The notice must include a written certification by the new owner which:
(i) States that the new owner has no immediate intent to change the facility's
operations and processes.
(ii) Identifies the specific date on which the transfer is to occur.
(iii) Acknowledges full responsibility for complying with the existing permit.
Section 15.52.080 Property Ri~_,hts
The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges,
nor does if authorize any injury to private property or any invasion of personal rights, nor any violation
of Federal, State, or local laws or regulations.
Section 15.52.090 -Refusal to Issue a Permit
The Director 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 result in the discharge or industrial waste of such
quantity or strength that the public i~ealth or safety, or public or private property are
endangered.
Ordinance 2006 NCS 15.52 Wastewater Discharge Permits
Page 35 of 68 pages
t d) The issuance of the Permit would cause the City POTW to violate any Permit condition,
z laws, or regulations of Federal and/or State government.
3
a e) The applicant has not provided plans for sufficient protection froth accidental discharges
s to land, storm sewer system, and sanitary sewer system.
6
7
s Section 15.52.100 -Reporting Requirements
9
to a) In accordance with 40 CFR 403.12(e), any Industrial User subject to a categorical
tt Pretreatment Standard, after the compliance date of such Pretreatment Standard, or, in
ti the case of a New Source, after commencement of the discharge into the POTW, shall
t3 submit to the City during the months of June and December, unless required more
to frequently in the Pretreatment Standard or by the City or the Approval Authority, a
is report indicating the nature and concentration of pollutants in the effluent which are
t6 limited by such categorical Pretreatment Standards. In addition, this report shall include
n a record of measured or estimated average and maximum daily flows for the reporting
-s period for all regulated process streams and other streams as necessary to allow use of
t9 the combined wastestream formula described in 40 CFR 403.6(e), except that the City
zo may require more detailed reporting of flows. At the discretion of the City, the months
Zt which these reports are submitted tnay be altered. Other requirements contained in 40
22 CFR 403.12(e) are included in this Section by reference. In accordance with 40 CFR
i3 403.12(h), Significant Noncategorical Industrial Users shall submit to the City at least
as once every six months (on dates specified by the City) a description of the nature,
as concentration, and flow of the pollutants required to be reported by the City. Other
?6 requirements contained in 40 CFR 403.12(h) are included in this Section by reference.
~~
is In addition, the City tray require that any User discharging wastewater into the sanitary
?9 sewer file a periodic discharge report. The discharge report may include, but need not be
30 limited to, nature of process, volume, rates of flow, mass emission rate, hours of
3t operation, number and classification of employees, or other information which relates to
3i the generation of waste including wastewater constituents and characteristics in the
33 wastewater discharge. Such report may also include the chemical constituents of solid,
Ordinance ?006 NCS 15.52 Wastewater Discharge Permits Page 36 of 68 pages
1 liquid or gaseous materials stored on site even though they tnay not normally be
2 discharged.
3
a b) In addition to discharge reports, the City may require Baseline Monitoring Reports,
s Compliance Schedule Progress Reports, Reports on Compliance with Categorical
~ Standards and Reports on Continued Compliance. These reports shall contain the
~ information specified in 40 CFR 403-12 (b-e).
s
9 c) All applications, reports, or information submitted to the City of Petaluma must contain
to the following certification statement and be signed as required in Sections (1), (2), (3),
11 or (4) below:
12
13 '7 certify lrnder penalty of la-•+~ that this docznnent arld all attachnurNs were prepared under
la my direction or sllpervisiorl in accol•darlce ~a~ith a system designed to assure that qualified
is personnel properly gather and evaluate the irlfol-nration sarbnlitted. Based on my inquiry of
16 the person or persons ~~~ho nlcrnage the system, or those pers•orls directly responsible far
17 gathering the lrlfor•maliorl, the infornlatiorl sllhmitted is, to the best of my knowledge and
is belief, true, accurate, and colllplete. I aru cnnare that there are significant penalties• for
19 submitting,false irformatiorl, including the possibility of fine and imprisonment for knowing
20 VlolatlOY1S. "
21
2z 1) By a responsible corporate officer, if the Industrial User submitting the
23 report is a corporation. For the purpose of this paragraph, a responsible
2a corporate officer means:
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26 (i) a president, secretary, treasurer, or vice-president of the
27 corporation in charge of a principal business function or any other person
2s who performs similar policy- or decision-making functions for the
29 corporation, or;
30
31 (ii) the manager of one or more manufacturing, production, or
32 operation facilities employing more than 250 persons or having gross
33 annual sales or expenditures exceeding $25 million (in second-quarter
Ordinance ?006 NCS 15.52 Wastewater Dischar~~e Permits Pa~~e 37 of 68 pages
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
2) By a general partner or proprietor if the Industrial User submitting the
report is a partnership or sole proprietorship, .respectively.
3) The principal executive officer or director having responsibility for the
overall operation of the discharging facility if the Industrial User submitting the
reports is a Federal, State, or local governmental entity, or their agents.
4) By a duly authorized representative of the individual described in
paragraph (1), (2), or (3) of this section if:
(i) the authorization is made in writing by the individual designated in
paragraph (1), (2), or (3);
(ii) the authorization specifies either an individual or a position having
responsibility for tl~e overall operation of the facility from which the
Industrial Discharge originates, such as the position of plant manager,
operator of a well, or a well field superintendent, or a position of
equivalent responsibility, or having overall responsibility for
environmental matters for the company; and
(iii) the written authorization is submitted to the City.
5) If an authorization under paragraph (4) 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 (4) of this section must be submitted to the City prior to or together
with any reports to be signed by an authorized representative.
Ordinance 2006 NCS 15.52 Wastewater Discharge Pernuts Page 38 of 68 pages
t d) All industrial Users shall promptly notify the City in advance of any substantial change in
2 the volume or character of pollutants in their discharge, including the listed or
3 characteristic hazardous wastes for which the Industrial User has submitted initial
a notification under 40 CFR 403.12(p). Furthermore, all permittees shall give advance
s notice to the City of Petaluma of any planned changes in the permitted facility or activity
6 which may result in noncompliance with permit requirements.
8 e) If the results of the pertnittee's wastewater analysis indicates a violation has occurred, the
9 permittee must notify the City of Petaluma within 24 hours of becoming aware of the
to violation and repeat the sampling and pollutant analysis and submit, in writing, the results
tt of this repeat analysis within thirty (30) days after becoming aware of the violation.
t2
13 f) The permittee shall furnish to the City of Petaluma, within thirty (30) days any
to information which the City of Petaluma may request to determine whether cause exists
is for modifying, revoking and reissuing, or .terminating this permit, or to determine
t6 compliance with this permit. The permittee shall also, upon request, furnish to the City
n of Petaluma within five (5) days copies of any records required to be kept by this permit.
is
t~ g) Any permittee that experiences an upset in operations that places the permittee in a
20 temporary state of noncompliance with the provisions of either this permit or with Title
2t 15 of the Ordinance shall inform tl~e City of Petaluma within 24 hours of becoming
22 aware of the upset at (707) 762-5892 or (707) 762-4546 after 8 p.m. Monday through
23 Sunday and holidays.
2a h) The Industrial User shall notify the POTW, the EPA Regional Waste Management
2s Division Director, and State hazardous waste authorities in writing of any discharge into
2~ the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste
2~ under 40 CFR Part 261. Such notification must satisfy the requirements contained in 40
28 CFR 403.12(p).
29 i) All Industrial Users shall notify the City immediately of all discharges by the Industrial
3o Users that could cause problems to the POTW, including any slug loadings, as defined
3t by 40 CFR 403.5(b) and 403.8(f)(2)(v).
32
Ordinance 2006 NCS 15.52 Wastewater Discharge Permits Page 39 of 68 pages
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A written follow-up report of the upset shall be filed by the permittee with the City of Petaluma within
five days. The report shall specify:
i) Description of the upset, the cause(s) thereof and the upset's impact on
the permittee's compliance status;
ii) Duration of noncompliance, including exact dates and times of
noncompliance, and if not corrected, the anticipated time the
noncompliance is expected to continue; and
iii) All steps taken or to be taken to reduce, eliminate and prevent recurrence
of such an upset.
The report must also demonstrate that the treatment facility was being operated in a prudent and
workmanlike manner. A documented and verified operating upset shall be an affirmative
defense to any enforcement action brought against the permittee for violations attributable to the
upset event.
Section 15.52.110 -Confidential Information
All User information and data 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.
When requested by the person filrnishing 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 this Ordinances,
NPDES Permit, State Disposal System Permit and/or the Pretreatment Programs. Information
Ordinance 2006 NCS 15.52 Wastewater Discharge Permits
Page 40 of 68 pages
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shall also be made available for use by any Federal or State agency in judicial review or
enforcement proceedings involving the person filrnislting the report. The User shall be notified
when information, accepted by the City as confidential, is transmitted to any governmental
agency.
Wastewater constituents and characteristics shall not be recognized as confidential information.
The City shall not be liable for damages to any permit applicant or User for any disclosure of any
secret furnished to the City.
Section 15.52.120 - ~ecial Agreements
Special agreements and arrangements between the City and any persons or agencies may be
established when, as determined by the Director, unusual or extraordinary circumstances compel
special terms and conditions. At no time s}~all special agreements be established when said
agreement violates any Federal Pretreatment Standards or State laws.
###
Ordinance ?006 NCS 15.5? Wastewater Discharge Permits
Page 41 of 68 pages
1
2 CHAPTER 15.56 -ACCIDENTAL DISCHARGE
3
4
s Section 15.56.010 -Protection Against Accidental Discharge
6
~ Each User shall provide protection from accidental discharge of prohibited materials regulated by this
s ordinance, by Federal or State Regulations or other wastes determined to be harmful or hazardous by
9 Federal or State Regulations into the City's sanitary sewer and/or storm sewer. Facilities to prevent
to accidental discharge of prohibited materials shall be provided and maintained at the User's expense.
11 Detailed plans showing facilities and operating procedures to provide this protection shall be submitted
12 to the City for review, and shall be approved by the City before construction of the protective facilities.
13 It is the Users responsibility to submit plans which are in compliance with Federal, State and local
la regulations.
15
16 The review and approval of such plans and operating procedures will in no way relieve the User from
17 the responsibility of modifying the facilities as necessary to provide the protection necessary to protect
is the sanitary or storm sewer system. The review and approval of such plans will in no way relieve the
19 trserUser of any responsibility or liabilities in the event of a spill or accidental discharge.
20
21 Section 15.56.020 -Notification of Accidental Discharge
2z
23 Users shall immediately notify by telephone the POTW upon accidentally discharging waste in violation
2a of these regulations and/or a slug load to enable counter measures to be taken by the City to minimize
2s damage to the sewerage system, the POTW and receiving water. The notification shall include location
26 of discharge, type of waste, concentration and volume, and corrective actions. This notification does not
2~ relieve the User of the responsibility of notifying all other required agencies as outlined in the California
2s Code of Regulations, Title 19, and other applicable regulations.
29
so The initial notification shall be followed, within five days of the date of occurrence, by a detailed written
31 statement to the Director describing the cause of the accidental discharge and the measure being taken
s2 to prevent future occurrences. Such notification will not relieve Users of liability for any expense, loss
Ordinance 2006 NCS 15.56 Accidental Discharge Page 42 of 68 pages
1 or damage to the sewerage system, or for any fines imposed by the City, or for other violations of
2 Federal, State, or local law where applicable.
3
4
s Section 15.56.030 -Accidental Discharge -Record .Keeping
6
~ Any person, firm or corporation responsible for any unauthorized discharge shall keep accurate records
s of the events of the discharge at the time of the discharge. The record shall include all pertinent
9 information related to the unauthorized discharge, including, but not limited to: dates, times names of
to parties involved, volume of discharge, substance discharged, agencies notified and corrective actions
11 taken. Discharger shall keep all records related to the unauthorized discharge for at least three (3) years.
12 Records shall be available for review, by the City, upon request.
13
14
is Section 15.56.040 -Accidental Discharge -Liabilities
16
17 Any person, firm, or corporation responsible for any unauthorized discharge shall institute and complete
is all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual,
19 with the cost borne by the discharger. When deemed necessary by the Director or Iris representative,
20 identification and clean-up may be initiated by the City or by an authorized individual or firm. All cost
21 associated with such clean-up, plus the current City administrative and overhead cost index, shall be
22 borne by the owner, operator or other person responsible for the unauthorized discharge.
23
2a In the event that the clean-up costs are less than the cost of legal disposal, a fine will be levied. The fine
2s will be the difference between the cost of legal disposal and the actual clean-up cost, plus up to 25% of
2~ the total amount.
27
2s
29 Section 15.56.050 -Accidental Discharge -Notice to Employees
30
31 A notice shall be permanently posted in a conspicuous place on the premises of each commercial or
32 Industrial User advising employees whom to call in case of an accidental discharge in violation of these
Ordinance 2006 NCS 15.6 Accidental Discharge Page 43 of 68 pages
~ regulations. Employers shall insure that all employees who may cause or suffer such a dangerous
z discharge to occur are advised of the emergency notification procedure.
3
a In order that employees of Users be informed of the City requirements, Users shall make available to
s their employees copies of these regulations together with such other wastewater information and notices
6 which may be furnished by the City.
s
9 Section 15.56.060 -Prevention of Accidental Discharges
to
it The User shall provide adequate contaimnent, including secondary containment where necessary, of all
~2 persistent deleterious waste products. The User shall be responsible for protecting the City sewer inlets
is from intentional or unintentional discharges of non-approved incompatible wastes. All points of entry to
to the sanitary sewer are subject to review and approval by the City.
is
~6 Potential points of entry of incompatible pollutants must be clearly labeled to warn against accidental
i~ discharge. Every Permitted User shall submit with the semiannual compliance monitoring report a
is statement to the City declaring whether there Dave or have not been discharges in violation of these
t9 regulations during the previous 6 months. If there have been discharges in violation, an explanation of
20 the circumstances and corrective action taken is required for each incident.
2t ###
Ordinance 2006 NCS 15.56 Accidental Discharge Page 44 of 68 pages
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CHAPTER 15.60 -SAMPLING AND INSPECTION
Section 15.60.01.0 -Sample Collection
The collection of samples of wastewater for the lneasurelnent of constituents controlled by National
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 Director.
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 Control Authority.
Section 15.60.020 - Monitoring Facilities
a) Each Permitted Industrial User, upon deterlnirlation by the Director, 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:
i) aflow-weighted, composite sampler with protective enclosure;
ii) a flow-actuated and/or time-actuated 'grab' sampler with protective
enclosure; and
iii) a continuous recording flow-meter with logger and protective enclosure.
b) The Director 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)
Ordinance ?006 NCS 15.60 Sampling and Inspection
Page 45 of G8 pages
1 3. total carbon (TC)
2 4. oxidation/reduction potential (ORP)
3 5. temperature
a 6. conductivity
5
6 c) Those Users designated by the Director, shall construct, at their own expense, a
~ wastewater metering and sampling station, together with the corresponding flow
s measuring and sampling equipment. This station shall be constructed on the building
9 sewer lateral and at a location approved by the City's Engineer. This station shall be
to accessible to the Industrial Waste Inspector at all times. Construction shall be completed
11 prior to discharge into the sewer or in accordance with an approved schedule. The
12 Director may require such installations on each building sewer lateral.
13
la d) The monitoring station should be situated on the User's premises. The City may, when
is such a location is impractical or cause undue hardship on the User, allow the station to
16 be constructed in the public street or sidewalk area. The station location will not be
17 obstructed by landscaping or parked vehicles.
is
19 In the event that a monitoring facility is allowed to be constructed in the public street or
20 sidewalk area, the User shall indemnify, hold harmless and defend the City against any
21 claim, cause of action, disability, loss, liability, damage, cost or expense, which in any
22 way arises out of the monitoring facility or its use.
23
2a e) Whether constructed on public or private property, the station shall be built and
2s maintained in accordance with the City's requirements and all applicable local
z~ construction standards, codes and specifications. There shall be ample room in or near
z~ the station to allow accurate sampling and sample preparation. Construction shall be
2s completed within ninety (90) days following written notification by the City that such
29 monitoring facilities are required, unless a time extension is granted by the City.
30
31 f) The station, sampling and measuring equipment shall be maintained at all times in a safe
32 and proper operating condition at the expense of the User.
33
Ordinance 2006 NCS 15.60 Sa-npling and Inspection Page 46 of 68 pages
i g) The flow-measuring device shall be connected to a "Sierra-Misco Model 6800
2 Waterlogger" or other compatible data logger approved by the Director which will be
3 able to interface with the City's computer.
4
s h) Any person who intentionally or negligently tampers, falsifies, or knowingly renders
6 inaccurate any monitoring device shall be punished by a fine of not more than ten
~ thousand dollars, ($10,000) or imprisonment in a county jail for more than six (6)
s months or both.
9
to i) In the event that the installation of a monitoring facility is not practical, the point of
ti monitoring and inspection may be other alternatives approved by the Director.
12
13
is Section 15.60.030 -Metered Wastewater Dischar;e, Water Supply and Diversions
is
i6 a) User charges and fees shall be based on the total amount of wastewater discharged to the
i~ sanitary sewer. Where feasible, the effluent from all Permitted Users shall be metered in a
is manner approved by the Director. These meters shall be installed and maintained at the User's
i9 expense. Meters shall be tested for accuracy annually at the Users expense. Specification for
20 flow monitoring installations, maintenance and calibration shall be in accordance with Resolution
21 No. 87-114, Section 6e -FLOW MONITORING SYSTEM DESIGN AND INSTALLATION
22 and FLOW MONITORING SYSTEM MAINTENANCE AND CALIBRATION.
23
2a b) For Users where effluent metering is not feasible, fees shall be based on the total water used
zs from all sources unless, in the opinion of the City, significant portions of water received are not
26 discharged to a sanitary sewer. The total amount of water used from public and private sources
2~ will be determined by means of public meters or private meters, installed and maintained at the
zs expense of the User and approved by the City. Such meters shall be tested for accuracy annually
29 at the Users expense.
30
31 c) For minor Users where, in the opinion of the City, a significant portion of the water received
3z from any metered source does not flow into the sanitary sewer because of the principal activity
33 of the User or removal by other means, written notification and proof of the diversion of water
Ordinance 2006 NCS 15.60 Sampling and Inspection Page 47 of 68 pages
1 must be provided by the User, if the User is to avoid the application of the User charges and fees
z against the total amount of water used from all sources. The User must install a meter of a type
3 and at a location approved by the City and at the User's expense. Such meters may measure
a either the amount of sewage discharged or the amount of water diverted. Such meters shall be
s tested for accuracy annually at the expense of the User.
6
7
a Section 15.60.040 -Self-Monitoring
9
to The Director may require any User to self-monitor to determine the characteristics of the discharge to
11 the public sewer system.
li
13 Where self-monitoring is performed, such monitoring shall be provided by the User at the User's
la expense. Sampling shall be performed at the direction of a licensed professional engineer. Testing shall
Is be performed by a laboratory which has been certified by the Department of Health Services for the
16 analytes tested using the methods specified in 40 CFR 136. All self-monitoring results shall be
17 submitted to the City .
18
19
Zo Section 15.60.050 -Inspection and Sampling
21
22 a) The City may inspect the Usel-'s facilities to ascertain whether the User is in compliance
23 with Federal, State, and local regulations. Persons or occupants of premises where
2a wastewater is created or discharged shall allow the City or its representative ready access
Zs at all reasonable times to all parts of the premises for the purpose of inspection,
26 sampling, records examination or in tl~e performance of any of their duties. No person
?~ shall interfere with, delay, resist or refuse entrance to an authorized City inspector
Zs attempting to inspect any wastewater generation, conveyance or treatment facility
29 connected directly or indirectly to the City's sewerage system.
30
31 Where the User has security measures in force which would require proper identification
3i and clearance before entry into its premises, the User shall make necessary arrangements
33 with its security guards, so that upon presentation of suitable identification, personnel
Ordinance ?006 NCS 15.60 Sampling and Inspection Page 48 of 68 pages
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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.
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).
Section 15.60.060 -Maintenance of Monitoring Records
The industrial User shall retain all records for three (3) years resulting from all sampling or monitoring
performed for analysis of the Federal, State or local regulated colatalninates. Such records shall include
for all samples:
1. The date. exact place, lnetl~od, and time of sampling and the name(s) of the person(s)
taking the samples,
2. The dates analyses were performed,
3. Who performed the analyses,
4. The analytical techniques and/or methods used,
5. The results of such analyses.
This period of retention shall be extended during the course of any unresolved litigation regarding the
User or the POTW, or when requested by the Director, the Regional Board or any State or Federal
Agency. Records shall be available to the City for inspection and copying.
Section 15.60.070 -Industrial User Pretreatment
a) When deemed necessary by the Director, the User shall, at his own expense, provide
treatment or take such other measures required in order to reduce objectional
characteristics, content, or rate of discharge of wastes being discharged to the sanitary
Ordinance 2006 NCS 15.60 Sampling and Inspection
Page 49 of 68 pages
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 tl~e 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 this
Ordinance. 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
i) Bypass is prohibited unless it is unavoidable to prevent loss of life, personal
injury, or severe property damage or no feasible alternatives exist.
ii) The permittee may allow bypass to occur which does not cause effluent
limitations to be exceeded, but only if it is also for essential maintenance to
assure efficient operation.
iii) Notification of bypass:
(1) 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 of Petaluma.
(2) Unanticipated bypass. The permittee shall immediately notify the City of
Petaluma and submit a written notice to the POTW within five (5) days. This
report shall specify:
i) A description of the bypass, and its cause, including its duration;
Ordinance 2006 NCS tS.6O San1pI111~; and Inspection Page 50 of 68 pages
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(ii) Whether the bypass has been corrected; and
(iii) 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 this Ordinance or other
pretreatment regulation shall be made available to officials of the City or the Approval
Authority for inspection and copying.
###
Ordinance ?006 NCS 15.60 Sampling and inspection
Page 51 of 68 pages
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2 CHAPTER 15.64 -SURCHARGES AND FINES
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s Section 15.64.010 -Abnormal Sewage Surcharge
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~ a) Any User generating abnormal sewage which exhibits none of the characteristics of waste
s prohibited in Section 15.48.020, or in excess of limitations stated in Section 15.48.030, but
9 which has:
io (1) as an average concentration of suspended solids or BOD content in excess of domestic
ii sewage (250 mg/L) during atwenty-four hour period, and/or
iz (2) oil and grease content in excess of domestic sewage (50 mg/L) during atwenty-four
13 hour period, and/or
is (3) copper-in excess of the domestic level as determined by the Director during a 24-hour
is period may be required to pay a surcharge over and above the base sewer rates.
16
i~ b) Prior to imposition of a surcharge, the User shall be notified in writing that the waste discharge
is exceeds the abnormal sewage discharge criteria (3-96). If after sixty days of the date of notice,
i9 the abnormal sewage discharage has not been corrected, (3-96) the User must enter into a
20 surcharge agreement or be disconnected from the City's sewer system. The surcharge will be
2~ adjusted on billings for the billing period following submission of new data. Surcharge values for
zz each industry will be determined by the City using 24-hour composite sampling.
23
2a c) Payment of a sewage surcharge in no way relieves the User of the discharge prohibitions
zs specified in Sections 15.48.20 and 15.48.30.
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2~ d) The User, at his expense, may elect to sample the discharge. Sampling done by the User shall be
28 under the direction of a registered professional engineer employed by the User and reports
2~ submitted to the City shall contain a statement that the samples collected and values determined
3o are based on a twenty-four hour composite representative of the establishment's flow.
31
32 e) Computation of each surcharge, as applicable, shall be based on the following:
33
Ordinance 2006 NCS 15.64 Surcharges and Fines Page 52 of 68 pages
S=Vx8.34xAx(BOD-250)
S=Vx8.34xBx(TSS-250)
S=Vx8.34xCx(oil&grease-50)
S= V x 8.34 x D x (copper -domestic copper)
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 oil &grease as established in the sewer rate schedule
in effect at the time of the billing.
D =Unit charge in dollars per pound for copper.
BOD = 5 day biochemical oxygen demand in mg/L
TSS =Total suspended solids in mg/L
Oil and grease =total oil and grease 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
Ordinance 2006 NCS 15.64 Surcharges and Fines Page 53 of 68 pages
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Copper =Total recoverable copper in ]ng/L
Section 15.64.020 -Estimated Industrial Surchar,e for Class Group
a) The Director shall classify minor User establishments which routinely discharge BOD and TSS
concentrations exceeding 250 mg/L into the following class groups:
CLASS DESCRIPTION
(1) EATING PLACES -Including restaurants, bars, lounges, and establishments which
engage in preparation of food or beverage which is served directly to the consumer.
(2) EQUIPMENT SERVICE FACILITIES - Includes establishments which perform
washing, cleaning, or servicing of automobiles, trucks, buses, machinery, or equipment
and includes public facilities, facilities limited to specific companies, and attended and
coin-operated establishments.
(3) FOOD AND KINDRED PRODUCTS PROCESSING - Includes commercial
establishments which engage in the preparation, packaging, processing, or distribution of
food, food products, grains, or produce, other than those included in Class 1 and which
discharge less than 200,000 gallons of water per month.
(4) LAUNDRIES AND DRY CLEANERS -Includes all commercial laundries including
coin-operated establishments and all commercial dry cleaners.
(5) MORTUARIES
(6) THEATERS AND BOWLING ALLEYS
(7) ALL OTHER MINOR USERS -This class will not include those non-residential
establishments exempted from permitting requirements in Section 15.52.010.
Ordinance 2006 NCS
15.64 Surchar~*es and Fines
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b) The director shall assess an industrial surcharge rate for each class group based on industrial
waste strength determinations established by averaging grab or composite samples, or both,
taken from a representative number of establishments in each group or from published waste
strength data representative of the class. This rate shall be applied to the water consumption or
metered wastewater volume of the establishment.
c) If an establishment contains operations fl-oln Inore than one of the class groups, and the director
determines that the surcharge rate for a particular class group would not adequately compensate
the City for its cost of treatment, the director may:
1) assess a surcharge rate based on a proportional average of the class group rates involved;
2) require the establishment to be billed for an industrial surcharge computed under Section
15.64.010
d) The owner or agent of the owner of an establishment classified into a class group may elect to
have the Permitted Industrial User surcharge billed directly under Section 15.64.010 rather than
under this section by making application to the director and paying the required sampling costs.
Section 15.64.030 - Administrative Fines
2a a) When the Director finds that a User has violated, or continues to violate, any provision of this
2s ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment
z~ standard or requirement, the Director may fine such User in an amount as set by City Council
2~ resolution. Such fines shall be assessed on a per violation, per sample basis. In the case of
2s monthly or other long term average discharge limits, fines shall be assessed for each sampled day
z9 during the period of violation.
3o b) Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an
31 additional penalty of a set percent of the unpaid balance, and interest shall accrue thereafter at a
Ordinance 2006 NCS 15.64 Surcharges and Fines Page 55 of 68 pages
i rate of a set percent per month. Said percentages shall be determined by resolution of the City
z Council.
s c) Users desiring to dispute such fines must file a written request for the Director to reconsider the
a fine along with full payment of the fine amount within thirty (30) days of being notified of the
s fine. Where a request has merit, the Director may convene a hearing on the matter. In the event
6 the User's appeal is successful, the payment, together with any interest accruing thereto, shall be
~ returned to the User. The Director may add the costs of preparing administrative enforcement
s actions, such as notices and orders, to the fine.
~ d) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any
io other action against the User.
i~ e). If the User wishes Reconsideration of the Administrative fine, the User may file an appeal in
iz accordance with Section 15.68.100 Appeals
~3 ###
Ordinance 2006 NCS L5.64 Surcharges and Fines Page 56 of 68 pages
1
2 CHAPTER 15.6S -ENFORCEMENT
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s Section 15.68.010 -Harmful Contributions
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~ The City tnay suspend the wastewater treatment service and/or a Wastewater Discharge Permit when
s such suspension is necessary, in the opinion of the Director, in order to stop an actual or threatened
9 discharge which presents or may present an imminent or substantial endangerment to the health or
to welfare of persons, to the environment, causes interference to the POTW, or causes the City to violate
u any condition of its NPDES permit, sludge disposal regulations or air quality standards.
iz
t3 Any person notified of a suspension of the wastewater treatment service and/or the Wastewater
is Discharge Permit shall immediately stop or eliminate the contribution. In the event of a failure of the
is person to comply voluntarily with the suspension order, the City shall take such steps as deemed
t~ necessary including immediate severance of the sewer connection, to prevent or minimize damage to the
POTW system or endangerment to any individuals. The City shall reinstate the Wastewater Discharge
is Permit and/or the wastewater treatment service upon proof of the elimination of the non-complying
i9 discharge. A detailed written statement submitted by the User describing the causes of the harmful
20 contribution and the measures taken to prevent any future occurrence shall be submitted to the City
2t within five (5) days of the date of occurrence.
22
23
2a Section 15.68.020 -Issuance of Cease and Desist
2s
z~ When the Director finds that a discharge of wastewater has taken place or is likely to take place in
27 violation of these regulations, or the provisions of a wastewater discharge permit, the City may issue
2s and order to cease and desist such discharge, or practice, or operation likely to cause such discharge
z9 and direct those persons not complying with such prohibitions, limits requirements, or provisions to:
30
3t a) Comply forthwith;
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33 b) Comply in accordance with a time schedule set forth by the City; or
Ordinance 2006 NCS 15.68 Enforcement Pale 57 of 68 pages
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c) Take appropriate remedial or preventive action.
Section 15.68.030 - Emer,~;ency 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.
Section 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 sewerage 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.
Section 15.68.050 -Revocation of Permit
Any User who violates the following conditions of the permit or any conditions of these regulations, or
applicable Federal, and State regulations, is subject to having its permit revoked:
a) Failure of a User to factually report the wastewater constituents and characteristics of his
discharge;
b) Failure of the User to report significant changes in operations, or wastewater constituent
and characteristics;
Ordinance 2006 NCS
15.68 Enforcement
Page 58 of 68 pages
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c) Refusal of reasonable access to the User's premises for the purpose of inspection or
monitoring;
d) Violation of conditions of this ordinance or of the permit conditions;
e) Failure to pay applicable fees and charges.
Section 15.68.060 -Notification of Violation
Whenever the City finds that any User has violated or is violating this Ordinance, 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.
Section 15.68.070 -Show Cause Hearin
The City may order any User who is found in violation of any provisions of this ordinance, or any
Federal or State requirement to show cause before the Director why enforcement action should not be
taken. A written notice shall be served on the User specifying the time and place of the hearing
regarding the violation, the reason why the action is to be taken, the proposed enforcement action, and
directing the User to show cause before the Director why the proposed enforcement action should not
be taken. The notice of the hearing shall be served personally or by registered or certified mail at least
ten (10) days before the hearing. Service may be made on any agent or officer of the corporation.
The Director may conduct the hearing and take the evidence, or may designate any of its members or
any officer or employee of the City to:
a) Issue notices of hearings requesting the attendance and testimony of witnesses and the
production of evidence relevant to any matter involved in such hearings;
Ordinance ?006 NCS
15.68 Enforcement
Page 59 of 68 pages
i b) Take the evidence;
2
3 c) Transmit a report of the evidence and hearing, including transcripts and other evidence,
a together with recommendations to the Director for action.
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6 At any hearing held pursuant to this Ordinance, testimony taken must be under oath and recorded
~ stenographically. The transcript, so recorded, will be made available to any member of the public or any
s party to the hearing upon payment of the usual charges thereof.
9
io After the Director has reviewed the evidence, he may issue an order to the User responsible for the
tt discharge directing that the sewer service be discontinued unless, within a specified time period,
ti adequate treatment facilities, devices or other related appurtenances shall have been installed on existing
t3 treatment facilities; or devices or other related appurtenances are properly operated. Further orders and
is directives as are necessary and appropriate may be issued.
is
i6 If any person discharges sewage, industrial waste or other wastes into the City's wastewater disposal
i~ system contrary to the provisions of this Ordinance, Federal or State Pretreatment Requirements, or any
is order of the City, the City Attorney may commence an action for appropriate legal and/or equitable
t9 relief in the Superior Court of Sonoma County.
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zz Section 15.68.080 - Falsifying Information
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2a Any User who knowingly makes any false statements, representation, records, reports, plan or other
?s document filed with the City, or who knowingly renders inaccurate any monitoring device or method
2~ required under these regulations, shall be punished by a fine of not more than $10,000 or by
?~ imprisonment for not more than six (6) months, or both. The City Attorney, upon order of the City
za Council, shall petition the court of appropriate jurisdiction to impose, assess, and recover such.
?g
Ordinance ?006 NCS 15.68 Enforcement Page 60 of 68 pages
1 Section 15.68.090 -Submission of Time Schedules
s When the City finds that a discharge of wastewater is taking place, has been taking place or threatens to
a take place, in violation of prohibition or limitations prescribed in these regulations, effluent limitations
s or pretreatment standards, or the provisions of a wastewater discharge permit, the City may, at the
6 City's discretion, require the User to submit for approval, with such modification as the Director deems
~ necessary, a detailed time schedule of specific actions which the User shall take in order to prevent or
s correct a violation of these regulations, or of any permit issued pursuant to these regulations, and to
9 take such action in accordance with such schedule.
to
u Nothing provided in this section shall limit or prohibit the City from pursuing any other remedy, legal
lz equitable, otherwise available to City, or from seeking sanctions in any criminal or civil action related to
13 such discharge or potential discharge.
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16 Section 15.68.100 -Appeals
17
la Any User, permit applicant, or permit holder affected by any decision, action, or determination,
19 including cease and desist orders, made by the City, interpreting or implementing the provisions of these
zo regulation or in any permit issued herein, l7~ay file within thirty (30) days of such decision, action or
21 determination, setting forth in detail the facts supporting the User's request for reconsideration.
z2
z3 If the final ruling made by the Director is unsatisfactory to the person requesting reconsideration, he
za may within ten (10) days after notification of the City's action, file a written appeal to the City Council.
zs The written appeal shall be heard by the body within thirty (30) days from the date of filing. The City
z~ Council shall make a final ruling on the appeal within thirty (30) days of the close of the hearing. The
z~ Director's decision, action, or determination shall remain in effect during such period or reconsideration.
zs The Council's determination on the appeal shall be final.
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Ordinance 2006 NCS 15.68 Enforcement Page 61 of 68 pages
I
2 Section 15.68.110 -Public Nuisance
3
a Discharges of wastewater in any manner in violation of these regulations, applicable Federal or State
s regulations or any other issued by the City as authorized by these regulations, is hereby declared a
6 public nuisance and shall be corrected or abated as directed by the City. Any person creating a public
~ nuisance shall be subject to provisions of the City codes or ordinances governing such nuisance. Such
s nuisance Inay be abated, removed or enjoined and damages assesses therefor, in any manner provided by
9 law.
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12 Section 15.68.120 -Termination of Service
13
la The City may revoke any wastewater discharge permit, and/or terminate, or cause to be terminated
Is wastewater service to any premises if a violation of any provisions of these regulations is found to exist,
16 or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution, or
17 nuisance. If service is terminated it shall be unlawfill for any person to discharge any material to the City
la sanitary sewer. This provision is in addition to other statues, nlles, or regulations, authorizing
19 termination of service for delinquency in payment.
20
21
22 Section 15.68.130 Civil and Criminal Liability
23
2a Nothing in this permit shall be construed to relieve the permittee from .civil and/or criminal penalties for
2s noncompliance under Chapter 15.68 of the Ordinance or State or Federal laws or regulations.
26
27
zg Section 15.68.140 -Civil Penalties
29
3o Any person who without regard to intent or negligence violates any provisions these regulations, or of
31 any provisions of any permit issued pursuant to these regulations, or who discharges any material which
32 causes contamination, nuisance, pollution, or who violates any cease and desist order, termination of
33 service prohibition, effluent limitation, national standard of performance or national pretreatment or
Ordinance 2006 NCS 15.68 Enforcement Page 62 of 68 pages
t toxicity standard or requirement, shall be civilly liable to the City in a sum not to exceed ten thousand
z dollars ($10,000) for each day in which such violation occurs. Furthermore, the City may also seek
3 injunctive relief for such actions and for violations. The City may petition the Superior Court to
a impose, assess and collect such sums pursuant to this Chapter and Section 54740 of the California
s Government Code.
6
7
s Section 15.68..150 -Criminal Penalties
9
to Any person who intentionally or negligently violate any provision of these regulations, or of any permit
u issued pursuant to said regulations, or who discharges wastewater which causes pollution, who violates
i2 any cease and desist order, prohibition, effluent limitation, national standard of performance,
13 pretreatment or toxicity standard shall be liable, upon conviction thereof, to a sum not to exceed
to $25,000 for each day in which such violation occurs, or to imprisonment for not more than six (6)
is months in the county jail or both. Each person shall be guilty of a separate offense for each and every
i~ day during any portion of which any violation of any provision of this Ordinance is committed,
n confirmed, or permitted by such person.
is
t9 If the conviction is for a violation committed after the first conviction of such person, punishment shall
20 be by a fine of not more than $50,000 for each day in which such violation occurs or by imprisonment
21 for not more than one (1) year in the County jail or both. The City Attorney, upon order of the City
22 Council, shall petition the court of appropriate jurisdiction to impose, assess, and recover such sums.
23
24
2s Section 15.68.160 -Remedies Cumulative
26
2~ The remedies provided for in this article shall be cumulative and not exclusive, and. shall be in addition
2s to any and all other remedies available to the City.
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31 Section 15.68.170 - Severability
32
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If any provision of these regulations 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.
Section 15.68.180 -Public Notification
The City will annually provide public notification of, in the largest daily newspaper published in this
municipality, all Users which, at any time during the previous twelve months were in significant
noncompliance with applicable pretreatment standards or reduirements.
Section 15.68.190 Responsibility
The primary responsibility for enforcement of the provisions of these regulation shall be vested in the
Director or agents of the City as he/she shall designate; and provided fulrther, 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
Director with the power to inspect and issue citations for violations of these regulations.
###
Ordinance 2006 NCS 15.68 Enforcement Page 64 of 68 pages
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CHAPTER 15.72 -CHARGES AND FEES
Section 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 far 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.
Section 15.72.020 -Types of Charges and Fees
The City may adopt charges and fees which may include:
a) Fees for reimbursement of costs of setting up and operating the City's Pretreatment
Program.
b) Charges for connection to the City sewer.
c) Fees for monitoring, inspections and surveillance procedures.
d) Charges for service based on wastewater constituents and characteristics.
e) Fees for reviewing accidental discharge prevention procedures and construction plans.
f) Fees for permit applications and User classification.
g) Charges for maintenance expenses attributable to a User's discharge or actions such as
preventive maintenance cleaning of blockages and repairs of breakage.
h) Fees for filing appeals.
Ordinance 2006 NCS
15.72 Charges and Fens
Page 65 of 68 pages
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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.
####
Ordinance 2006 NCS
15.72 Charges and Fees
Page 66 of 68 pages
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z CHAPTER 15.76 -PAYMENTS AND ACCOUNTING
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s Section 15.76.010 -Utility Accounting
6
~ An accounting system shall be maintained in accordance with generally accepted accounting principles.
s It shall be sufficient in detail to demonstrate that collections and disbursements are made in compliance
9 with the intents and purposes of State and Federal regulations. Separate accounting shall be maintained
to for the Sub-regional System and for the City sewage collection system and other facilities serving the
i 1 City service area.
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la Section 15.76.020 -Disposition of Funds
15
16 That portion of sewer service charges and connection fees used for the annual acquisition, construction,
n reconstruction, replacement, and debt retirement of the Wastewater Subregional. System shall be
18 deposited into the Wastewater Capital Recovery Fund and shall be expended and invested in accordance
19 with State and Federal regulations and guidelines. All other charges and fees shall be deposited in the
zo Sewer Utility fund and shall be accounted for separately. Disbursement of funds shall be for operation
21 and maintenance expense of the entire sewerage system, capital-related expense of the collection system
2z and other facilities exclusively serving the City service area, and interest expense on debt issued for
23 sewage system acquisition, construction, reconstntction, or replacement.
24
25
26 Section 15.76.030 -Payment of Charges and Delinquent Charges
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28 All sewer charges shall become due and payable at the office of the City Finance Department on the
z9 date of presentation thereof and shall become delinquent on the fifteenth day after the date of
3o presentation, except that closing bills, where service is discontinued, will be due and payable on date of
31 presentation and collection will be made at the time of presentation."
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SECTION 3. SEVERABILITY CLAUSE
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be
unconstitutional, such decision shall not affect the remaining portions of this ordinance. The City
Council declares that it would have passed this ordinance and each section, subsection, sentence, clause,
and phrase thereof irrespective of the fact that any one or more of such provisions be declared
unconstitutional.
SECTION 4.
The City Clerk be, and she is hereby, directed to post this Ordinance for the period and in the manner
required by the City Charter.
Introduced and Ordered posted/pu-l~tsl=tee this 20t1~ day of March, 1996.
ADOPTED This 4th day of March, 1.996, by the following vote:
AYES: Hamilton, Stompe, Maguire, Read, Vice Mayor Barlas, Mayor Hilligoss
NOES: None
ABSENT: Shea
.ATTEST:
r r
Patricia E. Bernard, City Clerk
Ordinance 2006 NCS 15.76 Payments and Accounting
Page 68 of 68 pages