HomeMy WebLinkAboutOrdinance 1827 N.C.S. 10/29/1990~~
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~OV 2 8 1990
INTRODUCED BY:
LARRY TENCER
ORDINANCE 1827 NCS
SECONDED BY:
MICHAEL DAMS
AN ORDINANCE OF THE CITY OF PETALUMA AMENDING
TITLE 15 OF THE PETALUMA MUNICIPAL CODE BY
REPEALING CHAPTER 15.44 THROUGH 15.73 THEREOF
AND
ADOPTING NEW CHAPTERS 15.44 THROUGH 15.76
TO PROVIDE A COMPREHENSIVE SYSTEM OF
WASTEWATER REGULATION AND
REVENUE TO SUPPORT CONSTRUCTION,
OPERATION, .AND MAINTENANCE OF THE
WASTEWATER DISPOSAL SYSTEM.
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
SECTION 1. Chapters 15.44 through 15.72 of the Petaluma Municipal Code are hereby repealed.
SECTION 2. Chapters 15.44 through 15.76 are hereby added to Title 15 of the Petaluma
Municipal Code as approved by Region 2, San Francisco Bay Region of the California Regional
Water Quality Control Board, to read and provide as follows:
"CHAPTER 15.44 -GENERAL PROVISIONS
Section 15.44.010 -Purpose
This ordinance sets forth uniform requirements for direct and indirect contribution into the
wastewater collection and treatment system for the City of Petaluma. This ordinance provides for
the regulation of direct and indirect contributors to the municipal wastewater system through the
issuance of permits to certain non-domestic users and through enforcement of general
requirements for the other users, .authorizes monitoring and enforcement activities, requires user
reporting, and provides for the setting of fees for the equitable distribution of costs resulting from
the program established herein.
>~ The purpose of this ordinance is to:
Ordinance 1827 NCS Page 1 Chapter 15.44
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t a) Provide for and regulate the disposal of sanitary sewage and industrial waste into the City
2 sanitary sewer system in such manner and to such extent as is reasonably necessary to
3 maintain and increase the ability of such system to handle and dispose sanitary sewage and
4 said industrial wastes;
5 b) Improve opportunities to recycle and reclaim treated effluent and wastewater sludge;
~ c) Protect the physical structures of the said sewer system and the efficient functioning of its
~ component parts;
s d) Protect the City and its personnel, and preserve and protect the health, safety and comfort
9 of the public;
~_o e) Comply with all applicable and compatible laws, rules, regulations and orders of the State
1.1 of California and the United States.
12 This ordinance shall apply to the City of Petaluma and to persons outside the City of Petaluma
13 who are, by agreement Users of the Petaluma Petaluma owned treatment works.
t4 Section 15.44.020 -DEFINITIONS
t~ Section 15.44.021 -Unless the context specifically indicates otherwise, the following terms and
t~ phrases, as used in this ordinance, shall have the meanings hereinafter designated:
17 (1) Abnormal Sewage -Any commercial; institutional or industrial waste having a
~.s suspended solids or BOD content in excess of that found in normal sewage but which is
19 otherwise acceptable in a public sewer under the terms of Chapter 15.48.
20 (2) Abnormal Sewage Surcharge -The charge, in addition to the usual monthly charge
21. for sanitary sewage service, levied against any person for services rendered for collection
22 and treatment of abnormal sewage to defray the added cost of transporting and treating
23 such abnormal sewage.
2~ (3) Accidental Discharge -The discharge of waste in quantities (either concentration,
2s mass or volume) greater than allowed in this ordinance or the discharge permit. The
26 discharge maybe sudden or gradual.
27 (4) Act or "the Act" -The Federal Water Pollution Control Act, also known as the
2s Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.
Ordinance 1827 NCS Page 2 Chapter 15.44
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t (5) Amenable to Treatment - A substance which does not damage or interfere with the
2 operations of the wastewater treatment system and is acceptable, after treatment, for
3 stream discharge or sludge disposal.
4 (6) Approval Authority -California Regional Water Quality Control Board, San
5 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.
s 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.
to (8) Authorized Representative of Industrial User - An authorized representative of an
tt Industrial User maybe:
1.2 (A) A principal executive officer at least the level of vice-president, if the Industrial
13 User is a corporation;
1.4 (B) A general partner or proprietor if the industrial user is a partnership or
is proprietorship, respectively;
tG (C) A duly authorized representative of the individual designated above if such
t~ representative is responsible for the overall operation of the facilities from which
18 the indirect discharge originates.
~~ (9) Beneficial Uses -Uses of the Waters of the State that may be protected against quality
20 degradation including, but not limited to, domestic, municipal, agricultural and industrial
21 supply, power generation, recreation, aesthetic enjoyment, navigation, and the preservation
22 and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses,
23 both tangible or intangible as specified by Federal or State law.
2~ (10) Biochemical OxXgen Demand (BOD) -The quantity of oxygen utilized in the
25 biochemical oxidation of organic matter under standard laboratory procedure, (5) days at
26 20 degrees centigrade expressed in terms of weight and concentration (milligrams per liter
2~ {mgfl}).
2s (11) Buildin Sewer - A sewer conveying wastewater from the premises of a User to the
29 community sewer.
Ordinance 1827 NCS Page 3 Chapter 15.44
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1. (12) Bvnass -means the intentional diversion of waste streams from any portion of a
2 treatment facility.
3 (13) Categorical Industrial User -Any Significant Industrial User subject to National
~ Categorical Pretreatment Standards.
5 (14) Chemical Oxygen Demand (CODS - a measure of the oxygen-consuming capacity of
6 organic and inorganic matter present in wastewater. COD is expressed as the amount of
7 oxygen consumed from a chemical oxidant in mg/1 during a specific test.
8 (15) C~ -The City of Petaluma or the City Council of Petaluma or the designee thereof.
9 (16) Communit~Sewer - A sewer owned and operated by the City.
10 (17) Compatible Pollutant -Biochemical oxygen demand, total suspended solids and total
~ t coliform bacteria, plus additional pollutants identified in the City's NPDES permit if the
12 City's Water Pollution Control Plant was designed to treat such pollutants, and if such
is pollutants do not interfere with the operations of the Water Pollution Control Plant; or
i4 adversely impact sludge use and disposal; or adversely impact air quality; and the Water
t~ Pollution Control Plant does remove such pollutant to a substantial degree.
16 (18) Composite Sample - A sample which is collected manually or automatically, and
17 discreetly or continuously over a 24 hour period or the entire period of operation (for
ig facilities with less than 24 hour operations). Whenever possible, the sample should be
t9 collected in proportion to the flow at the time of the collection of the aliquot.
20 (19) Control Authority -The Director of Engineering for the City of Petaluma or the entity
21 directly administering and enforcing pretreatment standards and requirements against
22 industrial users.
23 (20) Conventional Pollutant -Those pollutants that are susceptible to conventional
24 treatment under normal operating conditions. Only five pollutants are presently
25 considered conventional pollutants; biochemical oxygen demand; total suspended solids
26 (nonfilterable) (TSS); pH; fecal coliform; fats, oil, and grease.
27 (21) Cooling Water -The water discharged from any use such as air conditioning, cooling
2s or refrigeration, or to which the only pollutant added is heat.
:Ordinance 1827 NCS Page 4 Chapter 15.44
1 (22) Corrosive Wastes -Any liquid or waterborne waste or gaseous or solid substance
2 which can cause actual physical damage or destruction to any public or sanitary sewer or
3 which prevents or materially retards treatment of sewage in the Wastewater Treatment
4 Plant.
s (23) Diluting Waters -Cooling water, domestic sewage, groundwater, surface drainage or
6 potable waters which are not part of an industrial process and which do not contain.
~ constituents for which USEPA pretreatment limitations apply but which are combined with
g industrial process wastewater prior to monitoring.
~ (24) Direct Discharge -The discharge of treated or untreated wastewater directly to the
to waters of the State of California.
i1 (25) Director -The Director of Engineering for the City, or his/her designee including duly
12 authorized City employees and City contractors.
13 (26) Domestic Sewage - (or Normal Sewage) Liquid and waterborne wastes derived from
1~ the ordinary living processes, free from industrial wastes, and character as to permit
15 satisfactory disposal,without special treatment, into City's sewerage system. Domestic waste
t~ shall be considered to have an average BOD of 250 mg/1 and an average TSS of 250 mg/1.
17 (27) Environmental Protection A envy, or EPA. The U.S. Environmental Protection
~.g Agency, or where appropriate the term may also be used as a designation for the
t~ Administrator or other duly authorized official of said agency.
20 (28) Flash~oint -The minimum temperature of a liquid at which the liquid gives off a
21 vapor in sufficient concentration to ignite when tested under specific conditions.
22 (29) Garbage -The putrescible solid waste from the domestic and partially prepared,
23 cooking and dispensing of food and from the handling, storage and sale of produce.
24 (30) Grab Sample - A sample which is taken from a waste stream on a one-time basis with
25 no regard to the flow in the waste stream and without consideration of time.
26 (31) Hazardous Waste - A waste, or combination of wastes, which because. of its quantity,
27 concentration, or physical, chemical, infectious characteristics may;
28 (a) Cause, or significantly contribute to, an increase in mortality or an increase in
29 serious irreversible, or incapacitating reversible illness; or
Ordinance 1827 NCS Page 5 Chapter 15.44
t (b) Pose a substantial present or potential. hazard to human health or the
2 environment when improperly treated, stored, transported, or disposed of or
3 otherwise managed.
a (32) Holding tank waste -Any waste from holding tanks such as vessels, septic tanks,
5 vacuum-pump tank trucks, recreational vehicles, boats, campers, mobile homes, trailers,
6 portable toilets, chemical toilets, or any temporary sanitation facility. (33) Incompatible
~ Pollutant -Any pollutant as defined in 40 CFR Part 264, Appendix V or any pollutant
g which is not included in the definition of Compatible Pollutant (this section). (34) Indirect
9 Discharge -The discharge or the introduction of non-domestic pollutants from any source
to regulated under section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the Petaluma
11 owned treatment works (including holding tank waste discharged into the system).
12 (35) Industrial Waste -The waste and wastewater from any production, manufacturing or
13 processing operations of any nature, including institutional and operations if the
t4 wastewater is used for the removal of significant quantities of waste other than from
i.s domestic sewage from premises connected to the City's sanitary sewer.
16 (36) Inspector. - A person authorized by the Director to inspect wastewater generation,
1~ conveyance, process and disposal facilities.
18 (37) Interference - A discharge which, alone or in conjunction with a discharge or
t9 discharges from other sources, both:
20 (i) inhibits or disrupts the Petaluma owned treatment works treatment processes or
21 operations or its sludge processes, use or disposal; and,
22 (ii) therefore contributes to a violation of any requirement of the City's NPDES
23 Permit (including an increase in the magnitude or duration of a violation); or of the
24 prevention of sewage sludge use or disposal by the Petaluma owned treatment
25 works in accordance with the following statutory provisions and regulations or
26 permits issued thereunder: Section 405 of the Act, (33 U.S.C. 1345), Solid Waste
2~ Disposal Act (SWDA)(including Title II [RCRA]), the Clean Air Act, the Toxic
2s Substances Control Act, Marine Protection, Research and Sanctuaries Control Act,
29 or more stringent state criteria (including those contained in any State sludge
3o management plan prepared pursuant to Subtitle D of SWDA) applicable to the
31 method of disposal or use employed by the Petaluma owned treatment works.
Ordinance 1827 NCS Page 6 Chapter 15.44
i (38) Job Shop - A facility which owns not more than 50% (annual area basis) of the
2 materials undergoing metal finishing.
3 (39) Lower E~losive Limit (,L.E.L.) -the point where the concentration of gas-in-air is
4 sufficiently .large to result in an explosion if an ignition source is present.
5 (40) Manager -City Manager of the City of Petaluma.
6 (41) Minor User (or Commercial User) -Any non-residential user that the City determines
~ does not meet the definition of Significant User (below) but which discharges waste other
8 than domestic sewage to the City sewerage system.
~ (42) Mass Emission Rate -The weight of material discharged to the sewer system during a
to given time interval. Unless otherwise specified, the mass emission shall mean pounds per
l~ day of a particular constituent or combination of constituents.
I2 (43) National Categorical Pretreatment Standard or Pretreatment Standard - Any
13 regulation containing pollutant discharge limits promulgated by the EPA in accordance
la with section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category
t5 of Industrial Users.
1~ (44) National Pollution Discharge Elimination System or NPDES Permit - A permit issued
i~ pursuant to section 402 of the Act (33 U.S.C. 1342).
18 (45) National Prohibitive Discharge Standard or Prohibitive Discharge Standard -Any
i~ .regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5.
20 (46) Natural Outlet -Any outlet into a watercourse, pond, ditch,lake, bay, ocean, or other
21 body of surface water, or outlet into the ground water.
22 (47) New Source -Any building, structure, facility, or installation from which there is or
23 may be a Discharge of pollutants, the construction of which commenced after the
2~ publication of proposed Pretreatment Standards under section 307(c) of the Act which will
25 be applicable to such source if such Standards are thereafter promulgated in accordance
26 with that section, provided that:
27 (i) The building, structure, facility, or installation is constructed at a site at which no
2s other source is located; or
Ordinance 1827 NCS Page 7 Chapter 15.44
1 (ii) the building, structure, facility, or installation totally replaces the process or
2 production equipment that causes the discharge of pollutants at an existing source;
3 or
4 (iii) The production or wastewater generating processes of the building, structure,
5 facility, or installation are substantially independent of an existing source at the
6 same site.
~ In determining whether these are substantially independent, factors such as the extent to
s which the new facility is integrated with the existing plant, and the extent to which the new
~ facility is engaged in the same general type of activity as the existing source should be
to considered.
~1 (48) Nonconventional Pollutants - all pollutants that are not classified as either
12 conventional or priority pollutants by the USEPA.
13 (49) Nuisance -Any condition which is injurious to health or offensive to the senses or
i4 obstruction to the free use of property so as to interfere with the comfort or enjoyment of
15 life or property or which affects at the same time an entire community or neighborhood or
l.6 any considerable number of persons, although the extent of the annoyance or damage
1~ inflicted upon individuals maybe unequal.
is (50) Pass Through - A discharge which exits the Petaluma owned treatment works into the
1~ waters of the State in quantities or concentrations which, alone or in conjunction with a
20 discharge or discharges from other sources, is a cause of violation of any requirement of the
21 Petaluma owned treatment works's NPDES permit (including an increase in the magnitude
22 or duration of a violation) 40 CFR 403.3 (n).
23 (51) Person -Any individual, partnership, copartnership, firm, company, corporation,
24 association, joint stock company, trust, estate, governmental entity or any other legal entity,
25 or their legal representatives, agents or assigns. The masculine gender shall include the
26 feminine, the singular shall include the plural where indicated by the context.
27 (52) pH -The logarithm (base 10) of the reciprocal of the concentration of
2s hydrogen ions expressed in grams per liter of solution.
2~ (53) Pollution -The man-made or man-induced alteration of the chemical, physical,
3o biological,and radiological integrity of water.
Ordinance 1827 NCS Page 8 Chapter 15.44
1 (54) Premises - A parcel of real estate including any improvements thereon which is
2 determined by the City to be a single User for purposes of receiving, using, and paying for
3 service.
a (55) Pretreatment or Treatment -The reduction of the amount of pollutants, the
5 elimination of pollutants, or the alteration of the nature of pollutant properties in
6 wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing
7 such pollutants in to a Petaluma owned treatment works. The reduction or alteration can
s be obtained by physical, chemical or biological processes, or process changes other means,
9 except as prohibited by 40 CFR Section 403.6(d).
io (56) Pretreatment Facilitv -Any facility or device for treatment, control or flow limitations
i1 of sewage or industrial waste, prior to discharge into a City sanitary sewer.
12 (57) Pretreatment Requirements -Any substantive or procedural requirement related to
1.3 pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
14 (58) Publicly Owned Treatment Works (POTW) - A treatment works as defined by section
15 212 of the Act, (33 U.S.C. 1292) which is owned in this instance by the City. This definition
16 includes any sewers that convey wastewater to the Petaluma owned treatment works
1~ treatment plant, but does not include pipes, sewers or other conveyances not connected to
is a facility providing treatment. For the purposes of this ordinance, "Petaluma owned
t~ treatment works" shall also include any sewers that convey wastewater to the Petaluma
20 owned treatment works from persons outside the City who are, by contract or agreement
2i with the City, users of the City's Petaluma owned treatment works.
22 (59) Priority Pollutant -The EPA list of 126 substances which are an environmental hazard
23 and may be present in water. Because of the known or suspected hazards of these
24 pollutants, industrial users of the substances are subject to regulation.
25 (60) Petaluma owned treatment works Treatment Plant -That portion of the Petaluma
26 owned treatment works designed to provide treatment to wastewater.
27 (61) Reclaimed Water -Water which, as a result of treatment of waste, is suitable for direct
28 beneficial use or a restricted beneficial use that would not otherwise occur.
29 (62) Regional Water Quality Control Board -Region 2 of the California Regional Water
3o Quality Control Board, San Francisco Bay Region.
Ordinance 1827 NCS Page 9 Chapter 15.44
1 (63) Sanitary Sewer -Pipe or conduit which carries domestic sewage and/or industrial
2 waste and to which storm, surface water and groundwater are not intentionally admitted. A
3 City sewer or public sewer is any sewer located within as easement of public right-of -way
4 and which is maintained by the City.
5 (64) Sewerage System -All sewers, facilities and appurtenances owned or operated by the
~ City for carrying, collecting, pumping, treatment and disposal of waste and wastewater.
7 (65) Shall is mandatory: Mav is permissive.
s (66) Significant Industrial User (or Major User) -Any Industrial User of the City's
~ wastewater and disposal system who are:
io (i) all categorical industrial users
11 (ii) any noncategorical industrial user that:
12 -discharges 25,000 gallons per day or more of process wastewater ("process
i3 wastewater" excludes sanitary, non-contact cooling and boiler blow down
i4 wastewaters)
I5 - contributes a process waste stream which makes up 5 percent or more of
16 the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of
17 the Petaluma owned treatment works)
is - has a reasonable potential, in the opinion of the Control or Approval
~.9 Authority, to adversely affect the Petaluma owned treatment works
20 treatment plant (inhibition, pass-through of pollutants, sludge contamination,
2~ or endangerment of Petaluma owned treatment works workers.)
22 (67) Significant Noncompliance -Are industrial user violations which meet one or more of
23 the following criteria:
24 1. Violations of wastewater discharge limits.
25 a. Chronic violations. Sixty-six percent or more of the measurements exceed the
26 same daily maximum limit or the same daily maximum limit or the same average
27 limit in a 6-month period (any magnitude of exceedance).
2s b. Technical Review Criteria (TRC) violations. Thirty-three percent or more of the
2~ measurement exceed the same daily maximum limit or the same average limit by
3o more than the TRC in a 6-month period.
Ordinance 1827 NCS Page 10 Chapter 15.44
1 There are two groups of TRCs:
2 Group I for conventional pollutants (BOD; TSS; fats, oils,. and grease) TRC = 1.4
3 Group II for all other pollutants TRC = 1.2
4 c. Any other violation(s) of an effluent limit (average or daily maximum) that the
5 Control Authority believes has caused, alone or in combination with other
6 discharges, interference (e.g., slug loads) or pass-through; or endangered the health
~ of the sewage treatment personnel or the public.
s d. Any discharge of a pollutant that has caused imminent endangerment to human
~ health/welfare or to the environment and has resulted in the Petaluma owned
io treatment works's exercise of its emergency authority to halt or prevent such a
1i discharge.
12 2. Violations of compliance schedule milestones, contained in a local control
13 mechanism or enforcement order, for starting construction, completing construction,
t~ and attaining final compliance by 90 days or more after the scheduled date.
15 3. Failure to provide reports for compliance schedules, self-monitoring data, or
16 categorical standards baseline monitoring reports, 90-day compliance reports, and
1~ periodic reports) within 30 days from the due date.
l.s 4. Failure to accurately report noncompliance.
t~ 5. Any other violation or group of violations that the Control Authority
20 considers to be significant.
2i (68) Sluff; Discharge -Any discharge of water, sewage, or industrial waste which in
22 concentration of any given constituent or in quantity of flow exceeds, for any duration
23 longer than fifteen minutes, more than five times the average twenty four hour
24 concentration or flow rate during normal operation.
25 (69) Solvent Management Plan - A strategy for keeping track of all solvents delivered to a
26 site, their storage, use and disposal. This includes keeping spent solvents segregated from
27 other process wastewater to maximize the value of the recoverable solvents, to avoid
28 contamination of other segregated wastes, and to prevent the discharge of toxic organics to
29 any wastewater collection system or the environment.
Ordinance 1827 NCS Page 11 Chapter 15.44
1 (70) Standard Industrial Classification (SICZ - A classification pursuant to the Standard
2 Industrial Classification Manual issued by the Executive Office of the President, Office of
3 Management and Budget, 1987.
4 (71) State -State of California.
5 (72) Storm Sewer - A sewer which carries storm and surface waters and drainage, but which
6 excludes sewage and industrial waste.
~ (73) Storm Water -Any flow occurring during or following any form of natural
s precipitation and resulting therefrom.
~ (74) Superintendent -The person designated by the City to supervise the operation of the
l.o publicly owned treatment works and who is charged with certain duties and responsibilities
11 by this article, or his dully authorized representative.
1.2 (75) Total Suspended Solids (or TSS~ -The total suspended matter that floats on the
13 surface of, or is suspended in, water, wastewater or other liquids, and which is removable
14 by laboratory filtering.
15 (76) Total Toxic Organics ,TTO) -The sum of the masses or concentrations of specific
i.6 toxic organic compounds found in the industrial user's process discharge at a concentration
17 greater than 0.01 mg/L. Each Categorical Standard lists the specific toxic organic
Zs compounds that are to be included in the summation to define TTO for the category. For
19 the purpose of enforcement of this ordinance, non-categorical users or categorical users
20 without a specific list of TTO compounds shall be subject to the TTO list for the
21 electroplating category.
22 (77) Toxic Pollutant -Any pollutant or combination of pollutants listed as toxic in
23 regulations promulgated by the Administrator of the Environmental Protection Agency
24 under the provision of CWA 307(a) or other Acts.
25 (78) Treatment Plant Upset -Interference as defined this section.
2F (79) User -Any person who contributes, causes or permits the ontribution of wastewater
2~ into the City's Petaluma owned treatment works.
2g (80) Waste Minimization -The reduction or elimination, to the extent feasible, of any
29 waste that is generated or subsequently treated, stored, or disposed of. It is the elimination
Ordinance 1827 NCS Page 12 Chapter 15.44
1 or reduction in the use of hazardous materials and the generation of hazardous wastes. It
2 seeks to prevent pollutant releases to all environmental media; water land or air.
3 (81) Wastewater -The liquid and water-carried industrial or domestic wastes from
4 dwellings, commercial buildings industrial facilities,and institutions, whether treated or
5 untreated, which is contributed into or permitted to enter the Petaluma owned treatment
6 works.
~ (83) Wastewater Discharge Permit - (Sewer Use Permit} As set forth in 15.52.020 of this
8 ordinance.
9 (84) Water Quality Requirements -Requirements for the City's treatment plant effluent
~.o established by the National Pollution Discharge Elimination System permit, or by State or
11 Federal regulatory agencies. Water quality requirements include effluent limitations and
12 waste discharges standards, limitations, or prohibitions which may be established or
13 adopted by the State or Federal laws or regulatory agencies.
1~ (86) Waters of the State -All streams, lakes, ponds, marshes, watercourses, waterways,
is wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies
~.~ or accumulations of water, surface or underground, natural or artificial, public or private,
17 which are contained within, flow through, or border upon the State or any portion thereof.
13 Subsection 15.44.022 -Abbreviations
~9 The following abbreviations shall have the designated meanings:
.BOD -Biochemical Oxygen Demand
.CFR -Code of Federal Regulations
.COD -Chemical Oxygen Demand
CWA -Clean Water Act
.EPA -Environmental Protection Agency
.L -Liter
.mg -Milligrams
.~ -Milligrams per liter.
.NPDES -National Pollutant Discharge Elimination System
.POTW -Publicly Owned Treatment Works
.SIC -Standard Industrial Classification
.SWDA -Solid Waste Disposal Act, 42 U.S.C. 6901,et.seq.
.USC -United States Code
.TSS -Total Suspended Solids
Ordinance 1827 NCS Page 13 Chapter 15.44
1
2 CHAPTER 15.48 -SEWER USE REGULATIONS
3
4
5 Section 15.48.010 -General Discharge Prohibitions
6
7 No User shall contribute or cause to be contributed, directly or indirectly, any pollutant(s) or
s wastewater which will:
9
io a) cause a violation of the Petaluma owned treatment works NPDES Permit or a
it deterioration of water quality in the receiving stream;
12
i3 b) cause pass through or interfere with the Petaluma owned treatment works operations;
7.4
~5 c) restrict sludge disposal options or cause a violation of sludge disposal regulations;
16
t7 d) endanger the health and safety of the Petaluma owned treatment works or collection
1.8 systems employees or the general public.
19
20 These general prohibitions and the specific prohibitions of this section apply to each User
21 introducing pollutants into the Petaluma owned treatment works whether or not the User is
22 subject to other National Pretreatment Standards or any other Federal, State, Regional or local
23 pretreatment standards or requirements.
24
25 Section 15.48.020 -Specific Discharge Prohibitions
26
27 No User shall discharge any wastewater having the following characteristics:
28
29 (a) High Temperature -Any water or waste having a temperature higher than 140 F (60
3o C) at the point of discharge or raise the plant influent temperature above 104 F (40
31 C). Any wastewater having a temperature which will inhibit biological activity in the
32 Petaluma owned treatment works resulting in interference.
33
34 (b) Corrosive Wastes -Waste having a pH lower than 6.0 or higher than 9.5, or having a
35 pH which will cause damage to the collection system or interfere with Petaluma
36 owned treatment works treatment processes.
37
3s (c) Fire or Explosion -Any liquids, solids or gases which by reason of their nature or
39 quantity are, or may be sufficient either alone or by interaction with other
40 substances to cause a fire or explosion or endanger public safety or interfere with
41. the operation of the Petaluma owned treatment works.
Ordinance 1827 NCS Page 14 Chapter 15.48
1
2 At no time, shall two successive readings on an explosion hazard meter, at the point
3 of discharge into the sanitary sewer (or at any point in the system) be more than
4 five percent (5%) or any single reading over ten percent (10%) of the Lower
5 Explosive Limit (LEL) of the meter, or have aClosed-Cup Flash point of less than
6 140 degrees F (60 C). Prohibited materials include, but are not limited to gasoline,
7 kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes,
s peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any
~ other substances which the City, the State and EPA has identified as a fire hazard or
to a hazard to the system.
11 d) Obstruction of Flow -Solids or viscous substances which may cause obstruction of
12 the flow in a sewer or other interference with the operation of the wastewater
13 treatment facilities such as, but not limited to: grease, garbage with particles greater
14 than one-half (1/2) inch (1.27 centimeters) in any dimension, animal guts or tissues,
~5 paunch manure, bones, hair, hides, fleshing, entrails, whole blood, feathers, ashes,
16 cinders, wax, sand, spent lime, stone or marble dust, metal, glass, straw, shavings,
17 grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, tar,
is asphalt residues, residues from refining, or processing of fuel or lubrication oil, mud
1.9 or glass grinding or polishing wastes.
20 e) Toxic Pollutants -Any wastewater containing toxic pollutants in sufficient quantity,
21 either singly or interaction with other pollutant, that would pass-through or
22 interfere with the wastewater treatment process, or constitute a hazard to human,
23 animal or plant life, including aquatic organisms, or create any hazards in the waters
24 receiving the wastewater treatment plant effluent.
25
26 A toxic pollutant shall include but not be limited to any pollutant identified
27 pursuant to Section 307(a) of the act. Compounds specifically prohibited include any
2s poly-chlorinated biphenyl (PCB), any pesticide (including any insecticides,
29 herbicides, or fungicides) such as, but not limited to chlordane, heptachlor,
3o heptachlor epoxide, aldrin, dieldrin, dichlorodiphenyl trichloro ethane (DDT),
3]. dichloro-diphenyldichloro ethene (DDE), rothane (DPD).
32
33 f) Noxious or Malodorous Substances -Any harmful or offensive, gases, or solids
34 which either singly or by interaction with other wastes are sufficient to violate air
35 quality standards at the Petaluma owned treatment works, create a public nuisance
36 or hazard to life or are sufficient to prevent entry into the sewers for maintenance
37 and repair. Any volatile organic pollutant in such concentration that would cause
Ordinance 1827 NCS Page 15 Chapter 15.48
1 the headspace gases to exceed a 300 hexane equivalent level over equilibrated
2 wastewater or exceed Toxicity Discharge Screening Levels based on Fume Toxicity.
3
4 g) Disposal/Reclamation -Any substance which may cause the Petaluma owned
5 treatment work's effluent or any other product of the Petaluma owned treatment
6 works such as residues,. sludges, or scum, to be unsuitable for reclamation anal reuse
7 or to interfere with the reclamation process. In no case, shall a substance discharged
8 to the Petaluma owned treatment works cause a violation of the criteria, guideline
9 or regulations developed under Section 405 of the Act; any criteria, guidelines or
Zo regulations affecting sludge use or disposal developed pursuant to the Solid Waste
11 Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State or local
i2 criteria applicable to the sludge disposal.
13
14 h) Petaluma owned treatment works Violation -Any substances which will interfere
15 with the wastewater treatment process, or cause the Petaluma owned treatment
i~ works to violate or continue to violate its NPDES permit. This includes, but is not
17 limited to slug discharges, oxygen demanding pollutants (BOD or COD), suspended
18 solids, heavy metals, oil and greases or toxic organic compounds; released at a flow
i~ rate and/or pollutant concentration which will cause interference to the Petaluma
20 owned treatment works.
21
22 i) Detrimental Environmental Impact -Any substance which may have a harmful
23 environmental impact or create a nuisance in the waters of the state or a condition
24 which violates the rules and regulations of any public agency having regulatory
25 jurisdiction over the City, including but not limited to any statute or any rule,
26 regulation, or requirement of any public agency or State or Federal regulatory body.
27 j) Discoloration -Any wastewater creating discoloration or any other condition in the
28 quality of the Petaluma owned treatment works effluent such that receiving water
29 quality requirements established by law cannot be met.
30
31 k) Hazard or Public Nuisance -Any waste, which, as determined by the Director, may
32 have an adverse or harmful effect on sewer, maintenance personnel, wastewater
33 treatment plant personnel or equipment, treatment plant effluent quality, public or
34 private property or may otherwise endanger the public, the local environment or
35 create a public nuisance. The Director shall in determining the acceptability of
36 specific wastes, consider the nature of the waste and the adequacy of the collection,
37 treatment and disposal system available to accept the waste.
Ordinance 1827 NCS Page 16 Chapter 15.48
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1) Excessive Flow -Total quantities of flow or instantaneous peaks which due to
volume or manner of delivery require a disproportionate share of the City's
treatment plant capacity. This also includes flows which, alone or in combination
with others, cause excessive treatment costs and/or treatment plant process upsets.
Radioactive Wastes - No User shall, and it shall be unlawful, to discharge, cause to
be discharged, or permit to be discharged, any radioactive waste into the sanitary
sewer, except:
i) Users authorized to use radioactive materials by the State Department of
Health or other governmental agency empowered to regulate the use of
radioactive materials may discharge, cause to be discharged, permit to be
discharged such wastes, provided that such wastes are discharged in strict
conformance with the current State of California Code of Regulations, Title
17 and Federal Regulations and recommendations for safe disposal of such
wastes as they now exist or may hereafter be amended; and
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.
Section 15.48.030 -Specific Limitations on Wastewater Strength
A) No person shall discharge wastewater containing in excess of:
DISCHARGE LIMITATIONS:
POLLUTANT:
ARSENIC
BARIUM
BERYLLIUM
CADMIUM
CHROMIUM) TOTAL
COPPER
CYANIDE
LEAD
MERCURY
NICKEL
SELENIUM
SILVER
ZINC
DAILY COMPOSITE
SAMPLE (values in mg/L)
0.20
7.00
0.03
0.01
0.42
0.20
0.26
0.12
0.001
0.10
0.10
0.10
1.00
Ordinance 1827 NCS Page 17 Chapter 15.48
1 I PHENOL 1,00
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4 B) Any water or waste which contains more than 100 mg/1, ,by weight, of oil or grease of
5 petroleum origin; which contains more than 100 mg/1, by weight, of fat, oil or grease of
6 animal or vegetable origin; or which contains grease or oil or other substances that will
7 solidify or become viscous at temperatures between 32 to 140 F (0 to 60 C).
8
9 C) Any wastewater having either BOD or TSS in excess of concentrations found in normal
1o domestic sewage (250 mg/1) unless an Abnormal Sewage Surcharge is levied as defined by
11 this Ordinance. At no time shall a 24 hour composite sample of a User's discharge contain
12 BOD in concentrations in excess of 900 mg/1 or TSS in concentrations in excess of 700
13 mg/l.
14
15 D) Any waste containing Total Toxic Organics (TTO), as defined in this ordinance, greater
16 than 1 mg/l.
1~
18
19 Section 15.48.040 -Discharge Into Storm Drain Prohibited
20
21 It shall be unlawful to discharge any waste or wastewater into any storm drain or natural outlet
22 unless the user has obtained an NPDES permit and the user is in compliance with all applicable
23 rules and regulations of all agencies having jurisdiction over such discharge.
24
25 Section 15.48.050 -Prohibition of Storm Drainage and Ground Water
26
27 Storm water, ground water, rain water, street drainage, subsurface drainage or yard drainage shall
28 not be discharged through direct or indirect connections to the sanitary sewer. The City may
29 approve the discharge of such water only when no reasonable alternative method of disposal is
3o available. If a permit is granted for the discharge of such water into the sanitary sewer, the User
31 shall pay the applicable user charges and fees and meet such other conditions as required by the
32 City.
33
34 Section 15.48.060 -Prohibition on Unpolluted Water
35
36 Unpolluted water including, but not limited to cooling water, process water or blow-down from
37 cooling towers or evaporative coolers shall not be discharged through direct or indirect connection
3s to a City sewer unless a permit is issued. The City may approve the discharge of such only when no
39 reasonable alternative is available.
40
Ordinance 1827 NCS Page 18 Chapter 15.48
1 If a permit is granted for the discharge of such water into a community sewer, the user shall pay
2 the applicable charges and fees and shall meet such other conditions as required by the City.
3
4 Section 15.48.070 -Prohibition on Use of Dilution Waters
5
6 No User shall ever increase the use of process water or in other way, attempt to dilute a discharge
~ as a partial or complete substitute for adequate treatment to achieve compliance with all the
s limitations contained in the Federal Categorical Pretreatment Standards, or in any other State or
9 local requirement or standard.
1o Section .15.48.080 -Limitations on Point of Discharge
u
12 No User shall discharge any substance directly into a manhole, clean out or other opening in a
13 sanitary sewer other than through an approved building sewer, unless upon written application by
14 the User and payment of the applicable user charges and fees, the City issues a permit for such
15 direct discharges.
16
17 No person shall discharge any holding tank wastes, or wastes from barrels, storage tanks or any
is other such containers not directly connected to the City sewer unless the User has obtained a
19 Special Discharge Permit. Unless otherwise allowed by the City, under the terms and conditions of
20 the Special Discharge Permit, a separate Permit must be secured for each separate discharge. The
21 User may be required to sample, analyze and report to the Director the characteristics of the
22 waste, prior to the issuance of the permit. The Permit may stipulate the specific location of the
23 discharge, the time of day the discharge is to occur, limits of the volume discharged and the
24 constituents and characteristics of the waste. The User shall pay all applicable charges and fees
25 and shall meet such other conditions as required by the City.
26
27 Section 15.48.090 -Limitations on Use of Garbage Grinders
28
29 Waste from garbage grinders shall not be discharged into the sanitary sewer except where:
30
31 a) Waste from residential premises generated in the preparation of food;
32
33 b) The user has an existing garbage grinder and has a permit for that specific use from
3a the City;
35
36 c) At any time the property or business changes ownership, excluding residential
37 property, the existing garbage grinders on the property must be removed unless
38 the User has obtained a permit for that specific use from the City, agrees to
Ordinance 1827 NCS Page 19 Chapter 15.48
1 undertake whatever self-monitoring is required to enable the City to equitably
2 determine the charges and fees based on the waste constituents and characteristics.
3
4 All garbage grinders must be repaired or replaced as necessary in order to at all times ensure that
5 the waste is shredded to a degree that all particles will be carried freely under normal flow
6 conditions prevailing in the City sanitary sewer, with no particle greater than one half (1/2) inch
7 (1.27 centimeters) in any dimension. Garbage grinders shall not be used for grinding plastic, or
s paper products, inert materials, or garden refuge.
9
to Section 15.48.100 -Prohibition on Hospital Wastes
11
12 Hospitals, clinics, offices of medical doctors, and convalescent homes shall not discharge to the
13 sanitary sewer:
14
15 a) Equipment, instruments, utensils, hypodermic needles, syringes and associated
16 articles.
17
is b) Any article that may harbor or transmit pathogenic organisms and that are used in
1~ the rooms of patients having a suspected or diagnosed communicable disease which
20 by the nature of the disease is required to be isolated.
21
22 c) Recognizable portions of the human anatomy.
23
24 d) Waste excluded by other provisions of these regulations.
25
26 Nothing in this section shall be construed to limit the authority of appropriate health agencies to
27 define wastes as being infectious and to prohibit discharge to the sanitary sewer.
28
29
3o Section 15.48.110 -Removal Devices Required
31
32 Fat, grease, and oil; and sand removal devices (interceptors and grease traps) shall be installed by
33 the User when, it is determined by the Director, they are necessary for the proper handling of
34 liquid wastes containing grease or oil, sand or other harmful ingredients, except that such removal
35 devices shall not be required for residential units. Toilets, urinals, wash basins or any fixtures
36 receiving fecal material shall not flow through the removal device.
37
3s All removal devices shall be of a type and capacity approved by the Petaluma owned treatment
39 works and the City Code Compliance Department. The removal device shall be installed in
4o conformity with approved plans and in accordance with all City codes and regulations. The
Ordinance 1827 NCS Page 20 Chapter 15.48
1 removal device shall be located so as to be readily and easily accessible for cleaning and
2 inspection.
3
4 The removal device shall be maintained in efficient operating condition by periodic removal of
5 accumulated grease, sand or other material. Failure to clean or maintain the removal device shall
6 be a violation and subject to an enforcement action. Wastewater having excessive temperatures
7 causing the pass through of grease, shall not be discharged to the removal device. No emulsifiers,
s enzymes, solvents or any other substances which cause the pass through of grease shall be used in
9 the removal device. Users requiring removal devices shall maintain records of maintenance and
to cleaning of removal devices for three (3) years. These records shall be made available to the
11 Director for inspection and copying upon request.
12
13 Abandoned fat, oil, and grease or sand and grit removal devices shall be removed as required for
14 abandoned septic tanks (uniform plumbing code).
15
16
17 Section 15.48.120 - APolication of Most Stringent Limitations
is
19 The most stringent regulations or standards: Federal, State, Regional, or local shall apply.
20
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22 Section 15.48.130 -Supplemental limitations
23
24 A) The limitations on wastewater strength and prohibitions in these regulations may be
25 supplemented with more stringent limitations if:
26
27 i) The City determines that the limitations may not be sufficient to protect the
2s operation of the Petaluma owned treatment works;
29
3o ii) The City determines that the limitations may not be sufficient to enable the
31 Petaluma owned treatment works to comply with water quality standards, or effluent
32 limitations specified in the Petaluma owned treatment work's NPDES permit;
33
34 iii) The discharge is of such a nature that it reduces or impairs the Petaluma owned
35 treatment work's recycle, reclamation or disposal options.
36
37 iv) In the Director's evaluation, the discharge, alone or in combination with any other
38 discharge, poses a threat or unreasonable risk to the Petaluma owned treatment
39 works or personnel.
Ordinance 1827 NCS Page 21 Chapter 15.48
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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;
ii) Mass proportion limits;
iii) Selected industrial reduction.
These allocation methods shall not allow any increased loading of any pollutant to the Petaluma
owned treatment works nor shall they allow higher limits than Federal Categorical Standards.
Section 15.48.140 -Federal Categorical Pretreatment Standards
Standards and Requirements under 40 Code of Federal Regulations 405 through 471 are hereby
accepted by reference.
Section 15.48.150 -Proper disposal of Sludges and Spent Chemicals
The disposal of sludges, spent chemicals and hazardous materials generated shall be done in
accordance with all applicable Federal, State and local laws, regulations and ordinances including:
Section 405 of the Clean Water Act (CWA); Subtitles C & D of the Resource Conservation and
Recovery Act (RCRA); and Title 22, Division 4, Chapter 30 of the California Administrative
Code. A record of disposal shall be maintained and available for review by the City.
26 Section 15.48..160 -Authority to Require Pretreatment or Corrective Measures
27
2s Users shall make wastewater acceptable under the limitations established in these regulations
29 before discharging to the sanitary sewer. Any pretreatment facilities required to pretreat
3o wastewater to a level acceptable to the City shall be provided and maintained at the User's
31 expense. When pretreatment or special facilities are required to make the industrial wastes
32 acceptable, the User shall be required to furnish a compliance schedule and plans, approved prior
33 to construction, showing the schedule of activities, time frame and method of pretreatment
34 proposed. This pretreatment facility or measures shall be installed in conformity with the
35 approved plans and other City codes or regulations. The approval of the pretreatment method will
36 in no way relieve the User from the responsibility of modifying the facility as necessary to produce
37 as effluent acceptable to the City under the provisions of these regulations. Any subsequent
38 changes in the pretreatment facilities or method of operation shall be reported to and be
39 acceptable to the City.
Ordinance 1827 NCS Page 22 Chapter 15.48
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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 may 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 -Discharge Regulations
In order that employees of Users be informed of City requirements, Users shall make available to
their employees copies of these .regulations together with such other wastewater information and
notices which may be furnished by the City from time to time directed toward more effective
water pollution control.
Ordinance 1827 NCS Page 23 Chapter 15.48
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CHAPTER 15.52 -WASTEWATER DISCHARGE PERMITS
Section 15.52.010 -Classification of Users
The Director shall classify all non-residential users either by assigning each one to a "user
classification" according to the principal activity conducted on the user's premises, by the analysis
of the individual user, or by a combination thereof. The purpose of such collective and/or
individual classification is to facilitate the regulation of wastewater discharges based on
wastewater constituents and characteristics, to provide an effective means of source control, and
to establish a system of charges and fees which will insure an equitable recovery of the City's costs.
Each User shall initially be classified as either Significant Industrial User or a Minor User
(Commercial or non-domestic). Minor Users may be further classified by like business activity or
by the similarity of waste discharge characteristics. Each Minor User within a. User Class shall
have the same pretreatment, monitoring, and record keeping requirements and the same fee
schedule as other members of the class.
Non-residential users may be exempted from the permit requirements of this article at the
discretion of the Director if they are known to discharge only sanitary wastewater (as defined).
Section 15.52.020 -Sewer Use Permits Required
a) Significant Industrial User Permits -All Significant Industrial Users and industries
using/discharging EPA priority pollutants proposing to connect to or to contribute
to the POTW shall obtain a Sewer Use Permit before connecting to or contributing
to the POTW. All existing significant industrial users and industries
using/discharging EPA priority pollutants shall obtain Wastewater Discharge
Permits within ninety (90) days of the effective date of this Ordinance.
b) Minor User Permits -All Minor Users obtain a permit for the appropriate class of
user before connecting to the POTW. Existing Users in a Standard User Class shall.
obtain a permit within ninety (90) days of the effective date of this Ordinance.
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. Existing users shall apply for a permit within
thirty (30) days of the effective date of this Ordinance and proposed new users shall apply thirty
(30) days prior to connecting or contributing to the POTW. The applicant may 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 volume used from each source.
c) Volume of wastewater to be discharged;
d) Wastewater constituents and characteristics including but not limited to those
mentioned in these regulations as 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;
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;
Ordinance 1827 NCS Page 25 Chapter 15.52
1
2 n) Any other information as maybe deemed by the City to be necessary to evaluate the
3 permit application.
4
5 The City will evaluate the data furnished by the User and may require additional information.
~ After evaluation and approval of all data required, the City may issue a sewer use permit, which
7 may be subject to specific terms or conditions provided therein. The holder of all permits issued
s hereunder shall be subject at all times to all applicable Federal, State and local laws and
9 regulations.
10
11 Section 15.52.040 -Reapplication for Sewer Use Permits
12
13 Under the following circumstances a new or amended sewer use permit application must be filed
14 with the City:
15
16 a) Upon change of ownership of the property served;
17 b) Upon change of occupancy;
18 c) Upon change of any activity resulting in change in type of industrial wastewater.
19
20 The holders of all permits issued shall be subject at all times to all applicable Federal, State, and
21 local laws and regulations. At no time and in no way, shall the holder of any permit acquire, or be
22 regarded as have acquired, a vested or continuing right to maintain, or to have continued, any
23 connection to the City sanitary sewer. '
24
25
26 Section 15.52.050 -Permit Conditions
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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)
b)
C)
Schedule of user charges and fees. Requirements to pay applicable user charges or
fees within thirty (30) days of invoice;
Limits on the average and maximum wastewater constituents and characteristics;
Limits on average and maximum mass rates, and time of discharge, requirements for
flow regulation and equalization;
Ordinance 1827 NCS Page 26 Chapter 15.52
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;
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 the 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 15.52.060 -Permit Duration
A permit shall be for a specified period, not to exceed five (5) years. The User shall apply for
permit re-issuance a minimum of ninety (90) days prior to the expiration of the User's existing
permit. The terms and conditions of the permit may be subject to modification by the City during
the term of the permit as limitations or further requirements are identified or if other just cause
exists. The user shall be informed of any proposed changes in his permit at least thirty (30) days
Ordinance 1827 NCS Page 27 Chapter 15.52
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:
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 hg_ts
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 health or safety, or public or private property are
endangered.
Ordinance 1827 NCS Page 28 Chapter 15.52
1 d) The issuance of the Permit would cause the City POTW to violate any Permit
2 condition, laws, or regulations of Federal and/or State government.
3
a e) The applicant has not provided plans for sufficient protection from accidental
s discharges to land, storm sewer system., and sanitary sewer system.
7
8 Section 15.52.100 - Reporting Requirements
9
to a) The City may require that any User discharging wastewater into the sanitary sewer file a
11 periodic discharge report. The discharge report may include, but need not be
12 limited to, nature of process, volume, rates of flow, mass emission rate, hours of
13 operation, number and classification of employees, or other information which
is relates to the generation of waste including wastewater constituents and
is characteristics in the wastewater discharge. Such report may also include the
16 chemical constituents of solid, liquid or gaseous materials stored on site even though
17 they may not normally be discharged.
i8
1~ b) In addition to discharge reports, the City may require information in the form of
20 Sewer Use Permit Applications, Baseline Monitoring Reports, Self-Monitoring
21 Reports, Notice of Slug Discharge Reports, Notice of Bypass Reports, Notice of
22 Upset Reports, Toxic Organic Managements Plans, Spill Prevention Plans, Disposal
23 of Pretreatment Residual Reports, Significant Change in Process Reports, Waste
24 Minimization Plans. Compliance Schedule Progress Reports and other status,
25 technical reports, hazardous waste disposal, hazardous waste minimization reports,
26 compliance reports and compliance schedule progress reports.
27
28 c) All applications, reports, or information submitted to the City of Petaluma must
29 contain the following certification statement and be signed as required in Sections
30 (1), (2), (3), or (4) below:
31
32 '7 certify under penalty of law that this document and all attachments were prepared under my
33 direction or supervision in accordance with a system designed to assure that qualified
34 personnel properly gather and evaluate the information submitted. Based on my inquiry
35 of the person or persons who manage the system, or those persons directly responsible
36 forgathering the information, the information submitted is, to the best of my knowledge
37 and belief, true, accurate, and complete. I am aware that there are significant penalties
Ordinance 1827 NCS Page 29 Chapter 15.52
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for submitting false information, including the possibility of fine and imprisonment for
knowing violations. "
1) By a responsible corporate officer, if the Industrial User submitting the report is a
corporation. For the purpose of this paragraph, a responsible corporate officer
means:
(i) a president, secretary, treasurer, or vice-president of the corporation
in charge of a principal business function or any other person who
performs similar policy- or decision-making functions for the
corporation, or;
13 (ii) the manager of one or more manufacturing, production, or operation
14 facilities employing more than 250 persons or having gross annual
15 sales or expenditures exceeding $25 million (in second-quarter 1980
16 dollars), if authority to sign documents has been assigned or delegated
17 to the manager in accordance with corporate procedures.
18
1~ 2) By a general partner or proprietor if the Industrial User submitting the report is a
20 partnership or sole proprietorship respectively.
21
22 3) The principal executive officer or director having responsibility for the overall
23 operation of the discharging facility if the Industrial User submitting the reports is a
24 Federal, State, or local governmental entity, or their agents.
2~
26 4) By a duly authorized representative of the individual described in paragraph (1), (2),
27 or (3) of this section if:
28
29 (i) the authorization is made in writing by the individual designated in
3o paragraph (1), (2), or (3);
31
32 (ii) the authorization specifies either an individual or a position having
33 responsibility for the overall operation of the facility from which the
34 Industrial Discharge originates, such as the position of plant manager,
35 operator of a well, or a well field superintendent, or a position of
36 equivalent responsibility, or having overall responsibility for
37 environmental matters for the company; and
38
39 (iii) the written authorization is submitted to the City.
Ordinance 1827 NCS Page 30 Chapter 15.52
i
2 5) If an authorization under paragraph (4) of this section is no longer accurate because
3 a different individual or position has responsibility for the overall operation of the
4 facility, or overall responsibility for the environmental matters for the company, a
5 new authorization satisfying the requirements of paragraph (4) of this section must
6 be submitted to the City prior to or together with any reports to be signed by an
7 authorized representative.
s
9 D) The permittee shall give advance notice to the City of Petaluma of any planned
1o changes in the permitted facility or activity which may result in noncompliance with
11 permit requirements.
12
13 E) If the results of the permittee's wastewater analysis indicates a violation has
14 occurred, the permittee must notify the City of Petaluma within 24 hours of
15 becoming aware of the violation and repeat the sampling and pollutant analysis and
16 submit, in writing, the results of this repeat analysis within 30 days after becoming
17 aware of the violation.
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19 F) The permittee shall furnish to the City of Petaluma, within thirty (30) days any
20 information which the City of Petaluma may request to determine whether cause
21 exists for modifying, revoking and reissuing, or terminating this permit, or to
22 determine compliance with this permit. The permittee shall also, upon request,
23 furnish to the City of Petaluma within five (5) days copies of any records required to
24 be kept by this permit.
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26 G) Any permittee that experiences an upset in operations that places the permittee in a
27 temporary state of noncompliance with the provisions of either this permit or with
2s Title 15 of the Ordinance shall inform the City of Petaluma within 24 hours of
29 becoming aware of the upset at (707)762-5892 or (707)762-4546 after 8 p.m.
3o Monday through Sunday and holidays.
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32 A written follow-up report of the upset shall be filed by the permittee with the City of Petaluma
33 within five days. The report shall specify:
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3s i) Description of the upset, the cause(s) thereof and the upset's impact
36 on the permittee's compliance status;
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Ordinance 1827 NCS Page 31 Chapter 15.52
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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
16 All User information and data obtained from reports, questionnaires, permit applications, permits
17 and monitoring programs and from inspections shall be available to the public or other
18 governmental agency without restriction unless the user specifically requests and is able to
19 demonstrate to the satisfaction of the City that the release of such information would divulge
20 information, processes or methods which would be detrimental to the User's competitive position.
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When requested by the person furnishing a report, the portions of the report which might disclose
trade secrets or secret processes shall not be made available for inspection by the public but shall
be made available to governmental agencies for uses related to this Ordinances, NPDES Permit,
State Disposal System Permit and/or the Pretreatment Programs. Information shall also be made
available for use by any Federal or State agency in judicial review or enforcement proceedings
involving the person furnishing the report. The User shall be notified when information, accepted
by the City as confidential, is transmitted to any governmental agency.
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 -Special 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
Ordinance 1827 NCS Page 32 Chapter 15.52
1 special terms and conditions. At no time shall special agreements be established when said
2 agreement violates any Federal Pretreatment Standards or State laws.
Ordinance 1827 NCS Page 33 Chapter 15.52
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2 CHAPTER 15.56 -ACCIDENTAL DISCHARGE
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s Section 15.56.010 -Protection Against Accidental Discharge
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7 Each User shall provide protection from accidental discharge of prohibited materials regulated by
8 this ordinance, by Federal or State Regulations or other wastes determined to be harmful or
9 hazardous by Federal or State Regulations into the City's sanitary sewer and/or storm sewer.
1o Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained
1:t at the User's expense. Detailed plans showing facilities and operating procedures to provide this
12 protection shall be submitted to the City for review, and shall be approved by the City before
13 construction of the protective facilities. It is the Users responsibility to submit plans which are in
14 compliance with Federal, State and local regulations.
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16 The review and approval of such plans and operating procedures will in no way relieve the User
17 from the responsibility of modifying the facilities as necessary to provide the protection necessary
18 to protect the sanitary or storm sewer system. The review and approval of such plans will in no
19 way relieve the user of any responsibility or liabilities in the event of a spill or accidental.
20 discharge.
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22 Section 15.56.020 -Notification of Accidental Discharge
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24 Users shall immediately notify by telephone the POTW upon accidentally discharging waste in
25 violation of these regulations and/or a slug load to enable counter measures to be taken by the
26 City to minimize damage to the sewerage system, the POTW and receiving water. The notification
27 shall include location of discharge, type of waste, concentration and volume, and corrective
28 actions. This notification does not relieve the User of the responsibility of notifying all other
29 required agencies as outlined in the California Code of Regulations, Title 19, and other applicable
30 regulations.
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32 The initial notification shall be followed, within five days of the date of occurrence, by a detailed
33 written statement to the Director describing the cause of the accidental discharge and the measure
34 being taken to prevent future occurrences. Such notification will not relieve Users of liability for
35 any expense, loss or damage to the sewerage system, or for any fines imposed by the City, or for
36 other violations of Federal, State, or local law where applicable.
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38
39 Section 15.56.030 -Accidental Discharge -Record Keeping
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1 Any person, firm or corporation responsible for any unauthorized discharge shall keep accurate
2 records of the events of the discharge at the time of the discharge. The record shall include all
3 pertinent information related to the unauthorized discharge, including, but not limited to; dates,
a times names of parties involved, volume of discharge, substance discharged, agencies notified and
5 corrective actions taken. Discharger shall keep all records related to the unauthorized discharge
6 for at least three (3) years. Records shall be available for review, by the City, upon request.
7
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~ Section 15.56.040 -Accidental Discharge -Liabilities
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11 Any person, firm, or corporation responsible for any unauthorized discharge shall institute and
12 complete all actions necessary to remedy the effects of such unauthorized discharge, whether
i3 sudden or gradual, with the cost borne by the discharger. When deemed necessary by the Director
1a or his representative, identification and clean-up may be initiated by the City or by an authorized
15 individual or firm. All cost associated with such clean-up, plus the current City administrative and
16 overhead cost index, shall be borne by the owner, operator or other person responsible for the
17 unauthorized discharge.
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1~ In the event that the clean-up costs are less than the cost of legal disposal, a fine will be levied.
20 The fine will be the difference between the cost of legal disposal and the actual clean-up cost, plus
21 up to 25% of the total amount.
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23
2a Section 15.56.050 -Accidental Discharge -Notice to Employees
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26 A notice shall be permanently posted in a conspicuous place on the premises of each commercial
27 or industrial user advising employees whom to call in case of an accidental discharge in violation
28 of these regulations. Employers shall insure that all employees who may cause or suffer such a
29 dangerous discharge to occur are advised of the emergency notification procedure.
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31 In order that employees of Users be informed of the City requirements, Users shall make
32 available to their employees copies of these regulations together with such other wastewater
33 information and notices which may be furnished by the City.
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36 Section 15.56.060 -Prevention of Accidental Discharges
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38 The User shall provide adequate containment, including secondary containment where necessary,
39 of all persistent deleterious waste products. The User shall be respons ble for protecting the City
Ordinance 1827 NCS Page 35 Chapter 15.56
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sewer inlets from intentional or unintentional discharges of non-approved incompatible wastes.
All points of entry to the sanitary sewer are subject to review and approval by the City.
Potential points of entry of incompatible pollutants must be clearly labeled to warn against
accidental discharge. 'The User shall be responsible for immediately reporting any discharge of any
incompatible pollutants to the sanitary sewer. Every significant user shall submit with the
semiannual compliance monitoring report a statement to the City declaring whether there have or
have not been discharges in violation of these regulations during the previous 6 months. If there
have been discharges in violation, an explanation of the circumstances and corrective action taken
is required for each incident.
...../
Ordinance 1827 NCS Page 36 Chapter 15.56
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CHAPTER 15.60 -SAMPLING AND INSPECTION
Section 15.60.010 -Sample Collection
7 The collection of samples of wastewater for the measurement of constituents controlled by
s National Pretreatment Standards shall be at the end of the industrial process sewer line, or after
9 pretreatment of combined process flows, and prior to the addition of diluting waters, if feasible,
1o and shall be determined at the control manhole or upon suitable samples taken at said control
11 manhole. In the event no special manhole has been required, the control manhole shall be
12 considered to be the nearest access determined as suitable by the Director.
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All sampling and analysis required by this permit shall be performed in accordance with the
techniques prescribed in 40 CFR 136 and amendments thereto, otherwise approved by EPA, or as
specified in this permit
Section 15.60.020 -Monitoring Facilities
a) Each significant industrial user, upon determination by the Director, shall be required to
furnish and install (or, at the City's option, reimburse the City for such procurement and
installation of) on each discharge line to the City's collection system:
i aflow-weighted, com osite sampler with protective enclosure;
ii aflow-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 significant users to install such monitoring
and recording devices necessary to monitor any of the following parameters:
1. pH
2. dissolved oxygen (DO)
3. total carbon (TC)
4. oxidation/reduction potential (ORP)
5. temperature
6. conductivity
7. specific ions
41 C)
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Those users designated by the Director, shall construct, at their own expense, a wastewater
metering and sampling station, together with the corresponding flow measuring and
1 sampling equipment. This station shall be constructed on the building sewer lateral and at a
2 location appro ed by the City's Engineer. This station shall be accessible to the Industrial
3 Waste Inspector at all times. Construction shall be completed prior to discharge into the
4 sewer or in accordance with an approved schedule. The Director may require such
5 installations on each building sewer lateral.
6
7 d) The monitoring station should be situated on the user's premises. The City may, when such
8 a location is impractical or cause undue hardship on the user, allow the station to be
9 constructed in the public street or sidewalk area. The station location will not be obstructed
to by landscaping or parked vehicles.
11 In the event that a monitoring facility is allowed to be constructed in the public street or
12 sidewalk area, the User shall indemnify, hold harmless and defend the City against any
13 claim, cause of action, disability, loss, liability, damage, cost or expense, which in any way
].4 arises out of the monitoring facility or its use.
15
16 e) Whether constructed on public or private property, the station shall be built and
17 maintained in accordance with the City's requirements and all applicable local construction
i.s standards, codes and specifications. There shall be ample room in or near the station to
19 allow accurate sampling and sample preparation. Construction shall be completed within
20 ninety (90) days following written notification by the City that such monitoring facilities are
21 required, unless a time extension is granted by the City.
22
23 f) The station, sampling and measuring equipment shall be maintained at all times in a safe
24 and proper operating condition at the expense of the user.
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26 g) The flow-measuring device shall be connected to a "Sierra-Misco Mode16800 Waterlogger"
27 or other compatible data logger approved by the Director which will be able to interface
28 with the City's computer.
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3o h) Any person who intentionally or negligently tampers, falsifies, or knowingly renders
31. inaccurate any monitoring device shall be punished by a fine of not more than ten thousand
32 dollars, ($10,000) or imprisonment in a county jail for more than six (6) months or both.
33
34 i) In the event that the installation of a monitoring facility is not practical, the point of
35 monitoring and inspection may be other alternatives approved by the Director.
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3s Section 15.60.030 -Metered Wastewater Discharge. Water Supply and Diversions
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Ordinance 1827 NCS Page 38 Chapter 15.60
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a) User charges and fees shall be based on the total amount of wastewater discharged to the
sanitary sewer. Where feasible, the effluent from all significant users shall be metered in a
manner approved by the Director. These meters shall be installed and maintained at the
user's expense. Meters shall be tested for accuracy annually at the users expense.
Specification for flow monitoring installations, maintenance and calibration shall be in
accordance with Resolution No. 87-114, section 6e -FLOW MONITORING SYSTEM
DESIGN AND INSTALLATION and FLOW MONITORING SYSTEM
MAINTENANCE AND CALIBRATION.
b) For minor users and significant users where effluent metering is not feasible, fees shall be
based on the total water used from all sources unless, in the opinion of the City, significant
portions of water received are not discharged to a sanitary sewer. The total amount of
water used from public and private sources will be determined by means of public meters
or private meters, installed and maintained at the expense of the User and approved by the
City. Such meters shall be tested for accuracy annually at the users expense.
c) For minor users where, in the opinion of the City, a significant portion of the water
received from any metered source does not flow into the sanitary sewer because of the
principal activity of the User or removal by other means, written notification and proof of
the diversion of water must be provided by the User if the User is to avoid the application
of the User charges and fees against the total amount of water used from all sources. The
User must install a meter of a type and at a location approved by the City and at the User's
expense.. Such meters may measure either the amount of sewage discharged or the amount
of water diverted. Such meters shall be tested for accuracy annually at the expense of the
User.
Section 15.60.040 -Self-Monitoring
The Director may require any User to self-monitor to determine the characteristics of the
discharge to the public sewer system.
Where self-monitoring is required, such monitoring shall be provided by the User at the User's
expense, using an approved laboratory.
Section 15.60.050 -Inspection and Sampling
a) The City may inspect the User's facilities to ascertain whether the User is in
compliance with Federal, State, and local regulations. Persons or occupants of
Ordinance 1827 NCS Page 39 Chapter 15.60
1 premises where wastewater is created or discharged shall allow the City or its
2 representative ready access at all reasonable times to all parts of the premises for
3 the purpose of inspection, sampling, records examination or in the performance of
4 any of their duties. No person shall interfere with, delay, resist or refuse entrance to
s an authorized City inspector attempting to inspect any wastewater generation,
6 conveyance or treatment facility connected directly or indirectly to the City's
7 sewerage system.
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Where the User has security measures in force which would require proper
identification and clearance before entry into its premises, the User shall make
necessary arrangements with its security guards so that upon presentation of suitable
identification, personnel from the City will be permitted to enter without delay for
the purpose of performing their specific responsibilities.
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.
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 contaminates. 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
3o a) When deemed necessary by the Director, the User shall, at his own expense, provide
31 treatment or take such other measures required in order to reduce objectional
32 characteristics, content, or rate of discharge of wastes being discharged to the sanitary
33 sewer system so that there is no damage to the sewer system or any undue interference with
34 its operation.
35
36 b) Detailed plans showing the pretreatment facilities and an operation and maintenance
37 manual shall be submitted to the City for review and shall be acceptable to the City before
3s construction of the facility. The review of such plans and operating procedures will in no
39 way .relieve the user from the responsibility of modifying the facility as necessary to
Ordinance 1827 NCS Page 40 Chapter 15.60
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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;
(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 1827 NCS Page 41 Chapter 15.60
1
2 CHAPTER 15.64 -SURCHARGES
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5 Section 15.64.010 -Abnormal Sewage Surcharge.
6
7 a) Any user generating abnormal sewage which exhibits none of the characteristics of waste
g prohibited in Section 15.48.020, or in excess of limitations stated in Section 15.48.030, but
~ which has as average concentration of suspended solids or BOD content in excess of
io domestic sewage (250 mg/1) during atwenty-four hour period, may be required to pretreat
11 such abnormal sewage to meet the parameters of domestic sewage or other level in excess
12 of domestic sewage parameters as the City may determine is acceptable in the particular
13 case. Such wastes may, however, be accepted by the POTW for treatment only if all of the
1a following requirements are met:
15
16 i. The waste will not cause damage to the collection system.
17 ii. The waste will not impair the treatment processes. The discharge shall not exceed
18 the limit set for BOD or TSS in Section 15.48.030.
19 iii. The User agrees to payment of a surcharge over and above base sewer rates.
20 iv. The waste is amenable to treatment such that it does not cause the POTW to violate
21 NPDES permit or exceed other Federal, State, and Regional standards.
22
23 b) Prior to imposition of a surcharge, the User shall be notified in writing that the waste
24 discharge exceeds the established maximum limits. If after sixty days of the date of notice,
25 the waste has not been brought within the maximum allowable limits, the User must enter
26 into a surcharge agreement or be disconnected from the City's sewer system. The surcharge
27 will be adjusted on billings for the two month period following submission of new data.
28 Surcharge values for each industry will be determined by the City using 24-hour composite
29 sampling.
30
31 c) The User, at his expense, may elect to sample the discharge to adjust the surcharge values.
32 Sampling done by the user shall be under the direction of a registered professional
33 engineer employed by the user and reports submitted to the City shall contain a statement
34 that the samples collected and values determined are based on a twenty-four hour
35 composite representative of the establishment's flow.
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3 d) Computation of each surcharge, as applicable, shall be based on the following:
a
5 S= V x 8.34 x A x (BOD - 250)
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~ S = Vx8.34xBx(TSS-250)
g
9 S =Surcharge in dollars for the billing period.
to V =Wastewater flow in millions of gallons during the billing period.
~l 8.34 =Weight of water in pounds per gallon.
12 A =Unit charge in dollars per pound for BOD as established in the Sewer Rate
13 Schedule in effect at the time of the billing.
14 B =Unit charge in dollars per pound for TSS as established in the Sewer Rate
15 Schedule in effect at the time of the billing.
16 BOD = 5 day biochemical oxygen demand in mg/1
17 TSS =Total suspended solids m mg/1
is 250 =Normal BOD and TSS in mg/1 in domestic sewage.
19
20
21 Section 15.64.020 -Estimated Industrial Surcharge for Class Grou
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23 a) The Director shall classify minor user establishments which routinely discharge BOD and
24 TSS concentrations exceeding 250 mg/1 into the following class groups:
25
26 CLASS DESCRIPTION
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2s (1) EATING PLACES -Including restaurants,bars, lounges, and establishments
29 which engage in preparation of food or beverage which is served directly to
3o the consumer.
31
32 (2) EQUIPMENT SERVICE FACILITIES -Includes establishments which
33 perform washing, cleaning, or servicing of automobiles,trucks, buses,
3a machinery, or equipment and includes public facilities, facilities limited to
35 specific companies, and attended and coin-operated establishments.
36
37 (3) FOOD AND KINDRED PRODUCTS PROCESSING - Includes
38 commercial establishments which engage in the preparation, packaging,
39 processing, or distribution of food, food products, grains, or produce, other
ao than those included in Class 1 and which discharge less than 200,000 gallons
41 of water per month.
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43 (4) LAUNDRIES AND DRY CLEANERS -Includes all commercial laundries
44 including coin-operated establishments and all commercial dry cleaners.
45 (5) MORTUARIES
Ordinance 1827 NCS Page 43 Chapter 15.64
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2 (6) THEATERS AND BOWLING ALLEYS
3
4 (7) ALL OTHER MINOR USERS -This class will not include those non-
5 residential establishments exempted from permitting requirements in Section
6 15.52.010.
7
s 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
to samples, or both, taken from a representative number of establishments in each group and
it shall apply this rate to the water consumption or metered wastewater of the establishment.
12
13 c) For multiple use buildings (such as shopping centers, medical service buildings, etc.)
14 having one or more water meters issued to the same person (owner), and/or a building
15 sewer collecting waste from more than one establishment, one permit shall be issued to the
16 owner in whose name the water bill is issued. The quality and volume of the discharge from
17 the building shall be monitored by the City and the owner shall be responsible for this
18 discharge and billed accordingly. The Director may approve other billing arrangements if
19 requested by the owner and acceptable to the City.
20
21 d) If an establishment contains operations from more than one of the class groups, and the
22 director determines that the surcharge rate for a particular class group would not
23 adequately compensate the City for its cost of treatment, the director may:
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25 1) assess a surcharge rate based on a proportional average of the class group
26 rates involved;
27
2s 2) require the establishment to be billed for an industrial surcharge
29 computed under Section 15.64.010
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31 e) The owner or agent of the owner of an establishment classified into a class group may elect
32 to have the significant user surcharge billed directly under Section 15.64.010 rather than
33 under this section by making application to the director and paying the required sampling
34 COStS.
35
Ordinance 1827 NCS Page 44 Chapter 15.64
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2 CHAPTER 15.68 -ENFORCEMENT
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5 Section 15.68.010 -Harmful Contributions
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7 The City may suspend the wastewater treatment service and/or a Wastewater Discharge Permit
8 when such suspension is necessary, in the opinion of the Director, in order to stop an actual or
9 threatened discharge which presents or may present an imminent or substantial endangerment to
to the health or welfare of persons, to the environment, causes interference to the POTW, or causes
11 the City to violate any condition of its NPDES permit, sludge disposal regulations or air quality
12 standards.
13
14 Any person notified of a suspension of the wastewater treatment service and/or the Wastewater
15 Discharge Permit shall immediately stop or eliminate the contribution. In the event of a failure of
16 the person to comply voluntarily with the suspension order, the City shall take such steps as
17 deemed necessary including immediate severance of the sewer connection, to prevent or minimize
is damage to the POTW system or endangerment to any individuals. The City shall reinstate the
19 Wastewater Discharge Permit and/or the wastewater treatment service upon proof of the
20 elimination of the non-complying discharge. A detailed written statement submitted by the user
21 describing the causes of the harmful contribution and the measures taken to prevent any future
22 occurrence and be submitted to the City within five (5) days of the date of occurrence.
23
24
2s Section 15.68.020 -Issuance of Cease and Desist
26
27 When the Director finds that a discharge of wastewater has taken place or is likely to take place in
2s violation of these regulations, or the provisions of a wastewater discharge permit, the City may
29 issue and order to cease and desist such discharge, or practice, or operation likely to cause such
3o discharge and direct those persons not complying with such prohibitions, limits requirements, or
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provisions to:
a) Comply forthwith;
b) Comply in accordance with a time schedule set forth by the City; or
c) Take appropriate remedial or preventive action.
Section 15.68.030 -Emergency Correction
In the event clean-up, repairs, construction, or other public work is performed on any premises
pursuant to any provision of law relating to the emergency pursuant to any other provision of law
1 authorizing public work on private property in order to correct, eliminate or abate a condition
2' upon such premises which threatens to cause, causes, or has caused a violation of any provisions of
3 these regulations, or any permit issued pursuant to these regulations, or of any other requirement
4 of law, the User responsible for the occurrence or condition giving rise to such work, the occupant
5 and the owner of the premises shall be liable jointly and severally to the City for such public
6 expenditures including overhead costs.
7
8
9 Section 15.68.040 -Damage to Facilities
10
11 When a discharge of waste causes an obstruction, damage, or other impairment to City facilities
i2 including, but not limited to, the City sewerage system or wastewater treatment plant, the City may
13 assess a charge against the User for the work required to clean, repair and/or replace the facility
14 including overhead costs, and add such charge to the User's charges and fees.
15
16
17 Section 15.68.050 -Revocation of Permit
18
19 Any User who violates the following conditions of the permit or any conditions of these
20 regulations, or applicable Federal, and State regulations, is subject to having its permit revoked:
21
22 a) Failure of a User to factually report the wastewater constituents and characteristics
23 of his discharge;
24
25 b) Failure of the User to report significant changes in operations, or wastewater
26 constituent and charactenstics;
~~
2s c) Refusal of reasonable access to the User's premises for the purpose of inspection or
z9 monitoring;
30
31 d) Violation of conditions of this ordinance or of the permit conditions;
32
33 e) Failure to pay applicable fees and charges.
Section 15.68.060 -Notification of Violation
3s Whenever the City finds that any User has violated or is violating this Ordinance, the Wastewater
39 Discharge Permit, or any prohibition, limitation of requirements contained herein, the City may
4o serve upon such User a written notice stating the nature of the violation. A plan for the
41 satisfactory correction thereof shall be submitted to the City by the User.
42
43
4a Section 15.68.070 -Show Cause Hearins
45
Ordinance 1827 NCS Page 46 Chapter 15.68
f ~ .
1 The City may order any User who is found in violation of any provisions of this ordinance, or any
2 Federal or State requirement to show cause before the Director why enforcement action should
3 not be taken. A written notice shall be served on the User specifying the time and place of the
4 hearing regarding the violation, the reason why the action is to be taken, the proposed
s enforcement action, and directing the User to show cause before the Director why the proposed
6 enforcement action should not be taken. The notice of the hearing shall be served personally or by
7 registered or certified mail at least ten (10) days before the hearing. Service may be made on any
s agent or officer of the corporation.
9
to The Director may conduct the hearing and take the evidence, or may designate any of its members
u or any officer or employee of the City to:
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13 a) Issue notices of hearings requesting the attendance and testimony of witnesses and
14 the production of evidence relevant to any matter involved in such hearings;
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16 b) Take the evidence;
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18 c) Transmit a report of the evidence and hearing, including transcripts and other
i9 evidence, together with recommendations to the Director for action.
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21 At any hearing held pursuant to this Ordinance, testimony taken must be under oath and recorded
22 stenographically. The transcript, so recorded, will be made available to any member of the public
23 or any party to the hearing upon payment of the usual charges thereof.
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25 After the Director has reviewed the evidence, he may issue an order to the User responsible for
26 the discharge directing that the sewer service be discontinued unless, within a specified time
27 period, adequate treatment facilities, devices or other related appurtenances shall have been
28 installed on existing treatment facilities; or devices or other related appurtenances are properly
29 operated. Further orders and directives as are necessary and appropriate may be issued.
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31 If any person discharges sewage, .industrial waste or other wastes into the City's wastewater
32 disposal system contrary to the provisions of this Ordinance, Federal or State Pretreatment
33 Requirements, or any order of the City, the City Attorney may commence an action for
34 appropriate legal and/or equi able relief in the Superior Court of Sonoma County.
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37 Section 15.68.080 - Falsi ,ping Information
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39 Any User who knowingly makes any false statements, representation, records, reports, plan or
40 other document filed with the City, or who knowingly renders inaccurate any monitoring device or
4i. method required under these regulations, shall be punished by a fine of not more than $10,000 or
Ordinance 1827 NCS Page 47 Chapter 15.68
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1 by imprisonment for not more than six (6) months, or both. The City Attorney, upon order of the
2 City Council, shall petition the court of appropriate jurisdiction to impose, assess, and recover
3 such.
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6 Section 15.68.090 -Submission of Time Schedules
8 When. the City finds that a discharge of wastewater is taking place, has been taking place or
9 threatens to take place, in violation of prohibition or limitations prescribed in these regulations,
1o effluent limitations or pretreatment standards, or the provisions of a wastewater discharge permit,
11 the City may, at the City's discretion, require the User to submit for approval, with such
i2 modification as the Director deems necessary, a detailed time schedule of specific actions which
13 the User shall take in order to prevent or correct a violation of these regulations, or of any permit
1a issued pursuant to these regulations, and to take such action in accordance with such schedule.
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16 Nothing provided in this section shall limit or prohibit the City from pursuing any other remedy,
17 legal equitable, otherwise available to City, or from seeking sanctions in any criminal or civil
18 action related to such discharge or potential discharge.
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21 Section 15.68.100 -Appeals
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23 Any User, permit applicant, or permit holder affected by any decision, action, or determination,
24 including cease and desist orders, made by the City, interpreting or implementing the provisions of
2S these regulation or in any permit issued herein, may file within (30) days of such decision,
26 action or determination, setting forth in detail the facts supporting the User's request for
27 reconsideration.
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29 If the final ruling made by the Director is unsatisfactory to the person requesting reconsideration,
3o he may within ten (10) days after notification of the City's action, file a written appeal to the City
31 Council. The written appeal shall be heard by the body withirij~(30) days from the date of filing.
32 The City Council shall make a final ruling on the appeal within ~ (30) days of the close of the
33 hearing. The Director's decision, action, or determination shall remain in effect during such
34 period or reconsideration. The Council's determination on the appeal shall be final.
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37 Section 15.68.110 -Public Nuisance
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39 Discharges of wastewater in any manner in violation of these regulations, applicable Federal or
4o State regulations or any other issued by the City as authorized by these regulations, is hereby
Ordinance 1827 NCS Page 48 Chapter 15.68
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1 declared a public nuisance and shall be corrected or abated as directed by the City. Any person
2 creating a public nuisance shall be subject to provisions of the City codes or ordinances governing
3 such nuisance. Such nuisance may be abated, removed or enjoined and damages assesses therefor,
4 in any manner provided by law.
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7 Section 15.68.120 -Termination of Service
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9 The City may revoke any wastewater discharge permit, and/or terminate, or cause to be
1o terminated wastewater service to any premises if a violation of any provisions of these regulations
11 is found to exist, or if a discharge of wastewater causes or threatens to cause a condition of
12 contamination, pollution, or nuisance. If service is terminated it shall be unlawful for any person
13 to discharge any material to the City sanitary sewer. This provision is in addition to other statues,
14 rules, or regulations, authorizing termination of service for delinquency in payment.
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17 Section 15.68.130 Civil and Criminal Liability
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19 Nothing in this permit shall be construed to relieve the permittee from civil and/or criminal
20 penalties for noncompliance under Chapter 15.68 of the Ordinance or State or Federal laws or
21 regulations.
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24 Section 15.68.140 -Civil Penalties
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26 Any person who without regard to intent or negligence violates any provisions these regulations,
27 or of any provisions of any permit issued pursuant to these regulations, or who discharges any
28 material which causes contamination, nuisance, pollution, or who violates any cease and desist
29 order, termination of service prohibition., effluent limitation, national standard of performance or
3o national pretreatment or toxicity standard or requirement, shall be civilly liable to the City in a
31 sum not to exceed ten thousand dollars ($10,000) for each day in which such violation occurs. The
32 City may petition the Superior Court to impose, assess and collect such sums pursuant to this
33 Chapter and Section 54740 of the California Government Code.
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36 Section 15.68.150 -Criminal Penalties
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3s Any person who intentionally or negligently violate any provision of these regulations, or of any
39 permit issued pursuant to said regulations, or who discharges wastewater which causes pollution,
4o who violates any cease and desist order, prohibition, effluent limitation, national standard of
41 performance, pretreatment or toxicity standard shall be liable, upon conviction thereof, to a sum
Ordinance 1827 NCS Page 49 Chapter 15.68
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not to exceed $25,000 for each day in which such violation occurs, or to imprisonment for not
more than six (b) months in the county jail or both. Each person shall be guilty of a separate
offense for each and every day during any portion of which any violation of any provision of this
Ordinance is committed, confirmed, or permitted by such person.
If the conviction is for a violation committed after the first conviction of such person, punishment
shall be by a fine of not more than $50,000 for each day in which such violation occurs or by
imprisonment for not more than one (1) year in the County jail or both. The City Attorney, upon
order of the City Council, shall petition the court of appropriate jurisdiction to impose, assess, and
recover such sums.
Section 15.68.160 -Remedies Cumulative
The remedies provided for in this article shall be cumulative and not exclusive, and shall be in
addition to any and all other remedies available to the City.
Section 15.68.170 - Severability
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, in the largest daily newspaper published in this
municipality, all Users which, during the previous twelve months, have significantly violated any
applicable pretreatment standards or requirements.
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 further, that field
inspectors or other employees of the City are hereby authorized to act as agents of the City for and
on behalf of the Director with the power to inspect and issue citations for violations of these
regulations.
..../
Ordinance 1827 NCS Page 50 Chapter 15.68
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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 for the implementation of the Program established herein.
The applicable charges or fees shall be set forth in the City's Schedule of Charges and Fees which
is adopted by resolution, and is subject to periodic change to reflect changes in cost of operating
the program.
Section 15.72.020 - Twes of Charges and Fees
The City may adopt charges and fees which may include:
is a) Fees for reimbursement of costs of setting up and operating the City's Pretreatment
19 Program.
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21 b) Charges for connection to the City sewer.
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23 c) Fees for monitoring, inspections and surveillance procedures.
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25 d) Charges for service based on wastewater constituents and characteristics.
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27 e) Fees for reviewing accidental discharge prevention procedures and construction
2s plans.
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3o f) Fees for permit applications and user classification.
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32 g) Charges for maintenance expenses attributable to a user's discharge or actions such
33 as preventive maintenance cleaning of blockages and repairs of breakage.
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3s h) Fees for filing appeals.
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37 i) Fees for disposal permitting, and disposal of septic from waste haulers.
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39 j) Fees for discontinuance of service.
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41 k) Other fees as the City may deem necessary to carry out the requirements contained
42 herein; these fees relate solely to the matters covered by these Rules and
43 Regulations and are separate from all other fees chargeable by the City.
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5 CHAPTER 15.76 -PAYMENTS AND ACCOUNTING
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8 Section 15.76.010 -Utility Accounting
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1o An accounting system shall be maintained in accordance with generally accepted accounting
11 principles. It shall be sufficient in detail to demonstrate that collections and disbursements are
12 made in compliance with the intents and purposes of State and Federal regulations. Separate
13 accounting shall be maintained for the Sub-regional System and for the City sewage collection
14 system and other facilities serving the City service area.
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17 Section 15.76.020 -Disposition of Funds
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19 That portion of sewer service charges and connection fees used for the annual acquisition,
20 construction, reconstruction, replacement, and debt retirement of the Sub-regional System shall be
21 deposited into the Wastewater Capital Recovery Fund and shall be expended and invested in
22 accordance with State and Federal regulations and guidelines. All other charges and fees shall be
23 deposited in the Sewer Utility fund and shall be accounted for separately. Disbursement of funds
24 shall be for operation and maintenance expense of the entire sewerage system, capital-related
25 expense of the collection system and other facilities exclusively serving the City service area, and
26 interest expense on debt issued for sewage system acquisition, construction, reconstruction, or
27 replacement.
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3v Section 15.76.030 -Payment of Charges and Delinquent Charges
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32 All sewer charges shall become due and payable at the office of the City Finance Department on
33 the date of presentation thereof and shall become delinquent on the fifteenth day after the date of
34 presentation, except that closing bills, where service is discontinued, will be due and payable on
35 date of presentation and collection will be made at the time of presentation."
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38 SECTION 3. SEVERABILITY CLAUSE
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ao If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be
41 unconstitutional, such decision shall not affect the remaining portions of this ordinance. The City
42 Council declares that it would have passed this ordinance and each section, subsection, sentence,
Ordinance 1827 NCS Page 52 Chapter 15.72
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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 this 15th day of October, 1990.
ADOPTED This 29th day of October , 1990, by the following vote:
AYES: Balshaw, Sobel, Davis, Vice Mayor Cavanagh, Woolsey, Tencer
13 NOES: None
14 ABSENT: Mayor Hilligoss
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17 ATTEST:
1.g ~tricia E. Bernard, City Clerk
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k Cavanagh, Vice Mayor
APPROVED AS TO FORM:
City Attorney
Ordinance 1872 NCS Page 53 Chapter 15.76