HomeMy WebLinkAboutOrdinances_2268_CCv0001.pdf ORDINANCE NO. 2265
AN ORDINANCE OF TIME CITY OF REDLANDS AMENDING CHAPTER 13.52
OF THE REDLANDS MUNICIPAL CODE RELATING TO PRETREATMENT
AND THE REGULATION OF WASTES, ANIS RESCINDING ORDINANCE CE NO.
2`145
SECTION ONE The text of Chapter 13.52 of the Redlands Municipal Code is hereby
deleted in its entirety and rewritten to read as follows:
"13.52°010 GENERAL PROVISIONS
13.52.020 DEFINITIONS
13.52.030 GENERAL SEWER USE REQUIREMENTS
13.52.040 PRETREATMENT OF WASTEWATER
13.52.050 WASTEWATER DISCHARGE PERMIT APPLICATION
13.52.060 WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
13.52.00 REPORTING REQUIREMENTS
1.3.52.080 COMPLIANCE MONITORING
13.52.090 CONFIDENTIAL INFORMATION
13.52.100 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
1152.110 ADMINISTRATIVE ENFORCEMENT REMEDIES
13.52.120 JUDICIAL ENFORCEMENT REMEDIES
13.52.130 SUPPLEMENTAL ENFORCEMENT ACTION
13.52.140 MISCELLANEOUS PROVISION
13.52.010 GENERAL PROVISIONS
A. PURPOSE AND POLICY. This Chaptersets forth uniform requirements for all users
of the Publicly Owned Treatment Works of the City of Redlands and enables the City to comply
with all applicable State and Federal lame=s, including the Clean Vater Act (33 United States Code<
Sections 1251 et se .) and the General Pretreatment Regulations (40 Code of Federal Regulations
Part 403). The objectives of this Chapter are.
1 To prevent the introduction of pollutants into the City's 'Wastewater Treatment
Facilities that may interfere with its operation:
2. To pres=ent the introduction of pollutants into the Wastewater Treatment Facilities
that will pass through the system, inadequately treated, into surface waters,
roundwaters,the atmosphere or otherwise be incompatible with the facilities;
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3. To protect both the Wastewater Treatment Facilities personnel who may be affected
by improperly treated wastewater and sludge in the course of their employment
and the general public;
4. To promote reuse and recycling of industrial wastewater and sludge from the
Wastewater Treatment Facilities;
5. To authorize the establishment of fees for the equitable distribution of the cost of
operation,maintenance and improvement of the Wastewater Treatment Facilities;
and
6. To enable the City to comply with its permit conditions, sludge use and disposal
requirements,and any other Federal or State laws to which its Wastewater Treatment
Facilities are subject.
B. ADMINISTRATION. This Chapter shall apply to all discharges,whether direct or
indirect,to the Wastewater Treatment Facilities,and authorizes the issuance of wastewater discharge
permits;provides for monitoring,compliance,and enforcement activities;establishes administrative
review procedures; requires user reporting; and provides for the establishment of fees for the
equitable distribution of costs resulting from the program established herein. Except as otherwise
provided herein, the City's Director of Municipal Utilities shall administer,implement, and enforce
the provisions of this Chapter. Any powers granted.or duties imposed upon the Director by this
Chapter may be delegated by the Director to other City personnel.
13.52.020 DEFINITIONS
Unless the context specifically indicates otherwise,the following terms and ph,rases, 'as used
in this Chapter, shall have the meanings hereinafter designated. Definitions of all chemical,
biological,and other technical terms shall he the same as defined in the latest edition of"Standard
Methods for the Examination of Water and Wastewater," published by the American Public Health
Association,American Water Works Association and Water Environment Federation.
A. Act or%bg-Agf" The Federal Water Pollution Control Act,also known as the Clean
Water Act, as amended,33 U. ,C. § 1251 ct seq, The Act has been incorporated by reference into
California law in the Water Code, Chapter 5.5.
1Ap=val Authority The State of California State Water Resources Control Board
and/or California Regional Water Quality Control Board - Santa Ana Region and, for certain
oversight functions, the Federal Environmental Protection Agency.
C, Ap-pr_ovgd AnW, 3AicW MethodsThe sample analysis techniques prescribed in 40 CFR
part 136 and amen dmtints thereto. Where 40 CFR Part 136 does not contain sampling or analytical
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techniques for the pollutant in question, or where the EPA determines that Part 136 sampling and
analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be
performed using validated analytical methods approved by the City, or any other applicable
sampling and analytical procedures, including procedures suggested by the City or other parties,as
approved by the EPA.
D. -Aut-hDr-ize—d-R-ear-tsen lgLv-e-o-f-the-JU-2ff
1. If the user is a corporation: The president. secretary, treasurer,or a vice-president
of the corporation in charge of a principal business function, or any other person who performs
similar policy or decision-making functions far the corporation;or
2. If the user is a partnership or sole proprietorship. a general partner or the proprietor,
respectively; or
3. If the user is a Federal, State, or local government facility. a director or highest
official appointed or designated to oversee the operation and performance of the activities of the
government facility or his or her designee.
4. The individuals described in subparagraphs I through 3, above, may designate
another authorized representative if the authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the facility from which the discharge
originates or having overall responsibility for environmental matters for the company and the written
authorization is submitted to the City.
E. _Bi c 'cal Ox e eman�d " �O " The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for five(5) days of
20'centigrade, usually expressed as a concentration (e.g. mg/L).
F. By as The diversion of wastestreams from any point of a user's pretreatment
facilitv.
G. Cateaoricai Pretrea—tmont Stan gd or Cate `cal Standard Any regulation containing
pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the
Act which,apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter
N, Parts 405-471.
FL C,_hg, 'c --en .�d The quantity of oxygen required to chemically oxidize
material in a waste sample expressed in mg/I. under specified conditions of oxidizing agent,
temperature and time, COD results are not necessarily related to BOD results.
1. City The City of Redlands.
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J. The Code of Federal Regulations.
K. C-gmplian!gg 5gbgduJ_O A time schedule enforceable under this Chapter containing
increments of progress, i.e., milestones, in the form of dates. These milestones shall be for the
commencement and/or completion of major events leading to the construction and operation of
additional pretreatment facilities or the implementation of policies, procedures or operational
management techniques required for the user to comply with all applicable Federal, State or Local
environmental regulations which may directly or indirectly affect the quality of the user's wastewater
effluent.
L. Control ,Authority The City of Redlands acting through its Municipal Utilities
Director.
M. 129me_51ig 'Wastewater Wastewater from residences and other premises resulting
from personal use of water for washing and sanitary purposes or the discharge of human excrement
and related matter.
N. EPA The United States Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, or other duly authorized official of said
agency.
0. Existing -&-um Any source of discharge, the construction or operation of which
commenced prior to the publication by EPA of proposed categorical pretreatment standards,which
will be applicable to such source if the standard is thereafter promulgated in accordance with Section
307 of the Act.
P. Exchang-e TvPg MWer Conditignin&.AwaEatm Water conditioning apparatus that
is removed from the premises upon which it normally operates and is regenerated at a commercial
regeneration plant when in need of regeneration.
Q. ladim-a Diagh=gi DischaW The introduction of pollutants into the Wastewater
Treatment Facilities from any non-domestic source regulated under Section 307(b), (c), or(d)of the
Act.
R. IndusWal Wastgwater Non-domestic wastewater, Industrial wastewater does not
include wastewater from single or multiple residences.
S. In=nt_a;=ua Mmimum Allo-wable 12isobargr, Limit: The maximum concentration
of a pollutant allowed to be discharged at any time,determined from the analysis of any discrete or
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composite sample collected, independent of the industrial flow rate and the duration of the sampling
event.
T. Int for or GravitySeparation Interceptor A device designed to provide a
quiescent environment for the separation of deleterious or undesirable matter from wastewater and
permit treated sewage or liquid wastes to discharge into the public sewer. This pretreatment is often
called a trap.
C. rrterferenc A discharge, which alone, or in conjunction with a discharge or
discharges from other sources, inhibits or disrupts the Wastewater Treatment Facilities, their
treatment processes, operations or their sludge processes, use or disposal; and therefore, is a cause
of a violation of the City's Waste Discharge Permit or of the prevention of sewage sludge use or
disposal in compliance with any of the following statutory/regulatory provisions or permits issued
thereunder,or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste
Disposal Act, including Title 11 commonly referred to as the Resource Conservation and Recovery
Act ("RCRA"); any State regulations contained in any State sludge management plan prepared
pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances
Control Act; and the Marine Protection, Research and Sanctuaries Act.
V. May- Permissive.
W. Medical Waste Isolation wastes,infectious agents,human blood and blood products,
pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially
contaminated laboratory wastes and dialysis wastes.
X. Municipal IJiilities_Director.,.Rr_DLirggJor The person designated by the City to
supervise the operation of the POTW, and who is charged with certain duties and responsibilities by
this Chapter, or his or her duly authorized representative.
Y. New Source
I. Any building, structure, facility or installation from which there is (or may be) a
discharge of pollutants, the construction of which cornin, enced after the publication of proposed
pretreatment standards under Section 307(c) of the Act which will be applicable to such source if
such standards are thereafter promulgated in accordance with that section, provided that:
a. The building, structure, facility or installation is constructed at a site at which
no other source is located; or
b. The building, structure, facility or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing source; or
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C. The production or wastewater generating processes of the building,structure,
facility or installation are substantially independent of an existing source at the same site. I
determining whether these are substantially independent,factors such as the extent to which the new
facility is engaged in the same general type of activity as the existing source should be considered.
2. Construction on a site at which an existing source is located results in a modification
rather than a new source if the construction does not create a new building, structure, facility or
installation meeting the criteria of Subsection(I)(b) or (e) of this definition but otherwise alters,
replaces or adds to existing process or production equipment.
:; Construction of a new source as defined under this paragraph has commenced if the
owner or operator has;
a„ Begun, or caused to begin, as part of a continuous on-site construction
program:
( ) any placement, assembly or installation of facilities or equipment; o
(ii) significant site preparation work including Tearing,excavationorremoval
of existing buildings, structures or facilities which is necessary for the placement, assembly or
installation of new source facilities or equipment; or
h. Entered into a binding contractual obligation for the purchase of facilities or
equipment which are intended to be used in its operation within a reasonable time. Options to
purchase or contracts which can be terminated or modified without substantial loss, and contracts
for feasibility,engineering and design studies do not constitute a contractual obligation under this
paragraph;
Non-contact Water used for cooling which does not come into direct
contact with any raw material, intermediate product,waste product or finished product.
AA. Non-domestic W4tewater All wastewater except domestic wastewater and pollutant
free wastewater. Domestic wastewater mixed with non-domestic wastewater shall be Mon-domestic
Wastewater.
BB, Pass- ouch A discharge which exits the Wastewater Treatment Facilities in
quantities or concentrations which,alone or its conjunction with a discharge or discharges from other
sources, is a cause of a violation of any provision of the City's waste discharge requirements,
including an increase in the magnitude or duration of a violation.
CC, _PU= ;any individual, partnership, firm, company,corporation, association,joint
stock company, trust, estate, governmental entity or any other legal entity, or "their legal
representatives,agents or assigns. This definition includes all federal, State and local governmental
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entities,
DD. J!lu—nbjjjg Offi-Qi.
W-s The Director of Building and Safety of the City or his or her duly
authorized representative,
EE. PoLlu filter backwash, sewage,
= Dredged spoil, solid waste, incinerator residue, f
garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials
radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal,
agricultural and industrial wastes and certain characteristics of wastewater(eg., PH., temperature,
TSS,turbidity, color, BOD, COD, toxicity or odor).
F. Pretreatr.ent The reduction of the amount of pollutants,the elimination of pollutants,
or the alteration of the nature of pollutant properties in wastewater prior to,or in lieu of,introducing
such pollutants into the Wastewater Treatment Facilities. This reduction or alteration can be
obtained by physical, chemical, or biological processes; by process changes; or by other means,
except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment
standard.
GG. PrLtT&atw—ent_R.&quiLemenja Any substantive or procedural requirement related to
pretreatment imposed on a user, other than a pretreatment standard.
HK Pretreatment Standard or 5tan
Ard aa Prohibited discharge standards, categorical
pretreatment standards and local limits.
11, Prohibited Discharee Standards or Prohibited lei scharces Absolute prohibitions
against the discharge of certain substances.
JJ; Publicly and Iregurient Works or POJW A "treatment works," as defined by
Section 212 of the Act(33 U.S.C.1292), which is owned by the City. This definition includes any
device or system used in the collection, storage, treatment,recycling, and reclamation of sewage or
industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment
facility.
KK. 5, amalpr A device used with or without flo\v measurement to obtain a portion for
analytical purposes which it may be designated for taking a single sample ("grab"), composite
sample, continuous sample or periodic sample.
LL Septic Tank' "ante Any sewage from holding tanks such as vessels,chemical toilets,
campers, trailers and septic tanks.
NIM, S,-h-a-U Mandatory.
NN, SLgDiflc—a-nt—'rd—LiLtnLI—Ter
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i.. A user subject to categorical pretreatment standards; or
2. A user that,:
a. Discharges an average of twenty-five thousand(25,000)gallons per day(`
or more of processed wastewater to the POTW(excluding sanitary,Non-cont cooling, and boiler
blowdowvn wastewater);
b, Contributes a process waste stream which makes up five( )percent or more
of the average dry weather hydraulic or organic capacity of the POTW, or
c. Is designated as such by the City on the basis that it has a reasonable potential
for adversely affecting the POT 's operation or for violating any pretreatment standard or
requirement.
3. Upon finding that a user meeting the criteria in subsection( )of this definition has
no reasonable potential for adversely affecting the POTWs operation or for violating any
pretreatment standard or requirement,the City may at any time, on its own initiative or in response
to a petition received from a user, and in accordance with procedures in 40 CFR 43.8(f ( ,
determine that such user should not be considered a significant industrial user..
00 Slug lu Any discharge at a flow rate or concentration which could cause
a violation ofthe prohibited discharge standards.
PP. StandaW lmdmtrialo The system of classifying industries
identified in S.I.C. Manual, 1972, or subsequent edition,prepared by the Office of Management and
Budget.
QQ: Slum Water Any flow occurring during or following any form of natural
precipitation, or resulting from such precipitation, including snow melt.
P. Toxic Pollu=t Any pollutant or combination of pollutants listed as toxic in 40 CFR
401.15 or 40 CFR 403, Appendix B.
SS. User or Indg-*_tLial Uset A source of indirect discharger
Wastewater Liquid and coater-carried industrial wastes and sewage from residential
dwellings,commercial buildings, industrial and manufacturing facilities, institutions, together with
any groundwater, surface water, and slormwater that may be present, whether treated or untreated,
which are contributed to;the PTW'.
UU �� t wa �r.Dischgrgg P&rmil The regulatory procedure established by this.Chapter
and enforced by the Director to control the flow and quality of wastes discharged into the PDTW.
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VV. 3KmLate Treatment Facilities or TrexitFacifit, The structures,equipment
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and processes maintained by the City which are required to treat and dispose of domestic and non-
domestic waste water.
13.52.030 GENERAL SEWER USE PROVISIONS
A. PRO—HIBIJED DISCHARGE STANDARDS Except as hereinafter provided,it shall
be unlawful for any person to discharge, or cause to be discharged, into any public sewer or any
opening leading to a public sewer of the City any pollutant or wastewater which causes pass-through
or interference,or any material which will cause significant damage to any part of the City's POTW.
This prohibition shall.apply to all users of the POT W whether or not they are subject to categorical
pretreatment standards or any other National, State or local pretreatment standards or requirements.
The following is a non-exclusive list of other specifically prohibited wastes:
1, Any earth, sand, rocks, ashes, gravel, plaster, concrete, semisolid (partially solid),
solid or viscous material in quantities or volume which will obstruct the flow of sewage in the public
sewer or any object that will cause clogging of sewage pumps or sewage sludge pumps or interfere
or cause pass through with the normal operation of the Wastewater Treatment Facilities.
1). Pollutants which result in the presence of toxic gases, vapors, or finnes within the
POTW in a quantity that may cause acute worker health or safety problems,
3. Any liquids,solids,gases or pollutants that either alone or by interaction with other
substances cause flammable or explosive conditions including,but not limited,to,waste streams with
a closed-cup flashpoint of less than 140'F(60'C)using the test methods specified in 40 CFR 6121.
4. Trucked or hauled pollutants, except at discharge points and in such manner as
designated by the Director.
5. Any wastewater having a pH less than 6.0 or greater than 10.0,or any other corrosive
property capable of causing damage or hazard to structures or equipment of the POTW,
6. Any substance which will cause the temperature of the sewage in the City's receiving
main of six inches (6")or greater,to rise higher than 104"F (40'Q, or which will inhibit biological
activity in, the treatment facilities resulting in interference.
7Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in
amounts that will cause interference or pass-through.
& Pollutants, including, but not limited to,oxygen demanding pollutants (biochemical
oxygen demand, chemical oxygen demand, etc.), released in a discharge at a flow rate and/or
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pollutant concentration which, either singly or by interaction with other pollutants, will cause
interference with the POTW.
9. Noxious or malodorous liquids,gascs,solids,or other wastewater which,either singly
or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life,or
prevent entry into the sevvers,for maintenance or repair.
10. Storm water,surface water, ground water,artesian well water,roof runoff,subsurface
drainage, swimming pool drainage, condensate, deionized water, Non-contact cooling water and
unpolluted wastewater, unless specifically authorized by the Director.
11. Wastewater containing any radioactive wastes or isotopes except in compliance with
applicable State or Federal regulations.
12. Any waste containing sufficient amounts of detergents, surface-active agents or other
substances which may cause excessive foaming in the POTW.
13, Medical wastes,except as specifically authorized by the Director in a waste discharge
permit.
14. Sludges, screenings, or other residues from the pretreatment of industrial wastes,
except as specifically authorized by the Director in a waste discharge permit.
15. Any material which causes abnormal sulfide generation or abnormal maintenance or
operation costs of any part of the public sewer system, becomes a nuisance or menace to public
health,or any strongly odorous wastes or wastes tending to create odors.
16. Special restrictions apply to water softening devices. It is unlawful to install,replace
or enlarge apparatus for softening all or any part of the water supply to any premises when such
apparatus is an ion-exchange softener or dernineralizer of the type that is regenerated on the site of
use. The owner of an existing water softening or conditioning apparatus may continue to operate
said apparatus after the owner registers and certifies the apparatus with the City pursuant to the
requirements set forth in the California Health and Safety Code. The certification shall include the
following information:
a. The name and address of the owner;
b, The equipment manufacturer;
cl The model number of the apparatus, pounds of salt used per regeneration, salt
efficiency rating at the time of certification and that the specified water saving
devices have been installed;
d. Name, address and the specialty contractor's license number of the Class C-55 and
C-36 licensee making the certification,
C. Any other information required by the Director.
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Except as provided for in this Chapter, no water conditioning equipment in use after February 15,
1983 may discharge waste into the public sewer or to the ground if the equipment has a mineral
capacity in excess of one and one-half cubic feet. Multiple units installed to supply water to the
same premises shall be considered a single apparatus for the purposes of this Chapter. Any person
installing or operating water-treating apparatus of any kind shall make such apparatus accessible to
the Director for inspection at all times and shall make such reports and pay any fee relative to such
apparatus as the Director may require.
17. Pollutants,substances,or wastewater prohibited by this section shall not be processed
or stored in such a manner that they could be discharged to the POTW. This includes the prohibition
of increased use of process water or dilution as a partial or complete substitute for adequate treatment
to achieve compliance with Federal, State or local limitations, unless expressly authorized by an
applicable pretreatment standard or requirement, in accordance with 40 dCFR 403.6 (d)•
B. PREJU_A! NT STANDARD5 The categorical pretreatment standards found at
40 CFR Chapter 1, Subchapter N, Parts 405-471 are hereby incorporated
C. LOC AL,SIM_LTS The Director may develop and implement pollutant limitations.
These limitations are necessary to assure compliance with the City's Waste Discharge Requirements
including the prohibition against pass-through of any pollutants that cause a violation of a permit
or cause interference with the P(BTW. Through the issuance of an industrial user permit, the
pollutant allocations may be allocated among industrial user classes or individual users considering
factors such as equity, technical feasibility, economic feasibility, pollution prevention and waste
minimization measures, anticipated growth and enforcement feasibility. Specific pollutant limits
shall not be developed and enforced without individual public notice to affected persons or users,
The City reserves the right to establish by ordinance,resolution, or in wastewater discharge permits,
more stringent standards or requirements on discharges to the POTW.
133:52.040 PRETREATMENT OF WASTEWATER
A. PREIREAIM--ENT FACILITIES Users shall provide wastewater treatment as
necessary to comply with this Chapter and shall achieve compliance with all categorical
pretreatment standards, local limits and the prohibitions of this Chapter within the time limit
specified by EPA,the State, or the Director, whichever is more stringent. Any facilities necessar�,
for compliance shall be provided, operated and maintained at the user's expense, Detailed plans
describing such facilities andoperating procedures shall be submitted to the Director for review, and-
shall
ndshall be approved by the Director before such facilities are. constructed. The review of such,plans
and operating procedures shall in no way relieve the user from the responsibility of modifying such
facilities as necessary to produce discharge acceptable to the City under the provisions of this
Chapter.
D M, 75LE II
B. ADDITIONAL PRETREAIMENI MEASUMS
1. Whenever deemed necessary,the Director may require users to restrict their discharge
during peak flow periods,designate that certain wastewater be discharged only into specific sewers,
relocate and/or consolidate points of discharge,separate sewage waste streams from industrial waste
streams, and perform such other conditions as may be necessary to protect the POTW and ensure
the user's compliance with the requirements of this Chapter.
2. The Director may require any person discharging into the POTW to install and
maintain, on its property and at its expense, a suitable storage and flow-control facility to insure
equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
3. All non-domestic users shall be required to install and maintain a grease, oil and/or
sand interceptor when the Director finds that such facility is necessary for the proper handling of
liquid waste containing grease, flammable wastes, sand,or other harmful constituents which may
be properly eliminated from the collection system by use of an interceptor. An interceptor is not
required for a building used solely for residential purposes except where common food preparation
occurs. All interception units shall be of the type and capacity approved by the Director and shall
be so located to be easily >accessble for cleaning and inspection. Such interceptors shall be
inspected.cleaned,and repaired regularly,as needed,by the user at its expense. When an interceptor
is cleaned,the removed sediment,liquid,and floating material shall be legally disposed of other than
to the City's POTW or storm drain.
4. Users with potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
C. ACCIDENIAL DISCHARQLSLUQ CQNIRQL PLANS At least once every two
(2)years,the Director shall evaluate whether each user needs an accidental discharge/slug control
plan, The Director may require any user to develop,submit for approval and implement such a plan.
Alternatively, the Director may develop such a plan for any user. An accidental discharge/slug
control plan shall address. at a minimum,the following;
I Description of discharge practices, including non-routine batch discharges-,
2 Description of stored chemicals;
3 Procedures for immediately notifying the Director of any accidental or slug
discharge; and
4. Procedures to prevent adverse impact from any accidental or slug discharge. Such
procedures include, but are not limited to, inspection and maintenance of storage
areas, handling and transfer of materials, loading and unloading operations, control
of plant site runoff,worker training.building of containment structures or equipment,
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measures for containing topic organic pollutants,including'solvents,and/or measures
and equipment for emergency response.
. HAULED WASTEWAIM hauled waste may be introduced into the POTW only
at locations designated by the Director, and at such times as are established by the Director.-Such
waste shall not violate any provision of this Chapter or any ether requirements of the City, The
Director shall require septic tank waste haulers to obtain wastewater discharge permits. No load
ntay be discharged without prier consent of the Director. The Director may rewire samples to be
collected from each hauled load to ensure compliance with applicable standards and may require
the waste hauler to provide a waste analysis of any load prier to-discharge. Taste haulers shall
complete a waste-tracking form provided by the City for every load. This formshall include, but;
not be limited to, the name and address if the waste hauler; permit number, track identification;
names and addresses of sources of waste and volume and characteristics of the waste along with the
origin and known or suspected waste constituents.-
1 . ?.a (l WASTEWATER DISCHARGE PERMIT P PLI TiO
A. Wastewater Analysis. When requested by the Director, a user shall submit'
intbrination to the City on the nature and characteristics of its wastewater within sixth{ 60)days of
the request. The Director is authorized to prepare a form for this purpose and may periodically
require users to update this information.
B. Wastewater Discharge Permit Requirement.
1. leo significant industrial user shall discharge wastewater into the P T'`w
without first obtaining a wastewater discharge permit from the Director,
except that;a significant industrial user that has filed a timely application
pursuant to this chapter may continue to discharge for the time period
specified therein.
The Director may require other users to obtain wastewater discharge permits
as necessary to carry out the purposes of this chapter.
. Any violation of the terms and conditions of a wastewater discharge permit
shall be deemed a violation of this chapter and; subjects the wastewater
discharge permittee to the sanctions described herein. Obtaining a
wastewater discharge permit shall not relieve a permittee of its obligation to
comply with.all Federal and State pretreatment standards or requirements or
with any other requirements of Federal, Mate and local law.
C. Wastewater Discharge Permitting: Existing; Connections. Any user required to
obtain a.wastewater discharge permit who was discharging wastewater into the POTW prior to
February 15,1983 and who wishes to continue such discharges in the future, shall,within sixty(60)
days after said date,apply to the Director for a wastewater discharge permit.
D. Wastewater Discharge Permitting: New Connections. Any user required to obtain
a wastewater discharge permit who proposes to begin or recommence discharging into the POTW
shall obtain such permit prior to the beginning or recommencing of such discharge. An application
for this wastewater discharge permit shall be filed at least 180 days prior to the date upon which any
discharge will begin or recommence.
E, Wastewater Discharge Permit Application Contents. All users required to obtain a
wastewater discharge permit must submit a pen-nit application. The Director may require all users
to submit as part of an application the following information:
1-. All information required by this Chapter;
2. Description of activities, facilities, and plant processes on the premises, including a
list of all raw materials;
3. Number and type of employees, hours of operation and proposed or actual hours of
operation;
4Each product produced by'type,amount,process or processes and rate,of production;
5. Type and amount of raw materials processed(average and maximum per day);
6. Site plans, floor plans, mechanical and plumbing plans, and details to show all
sewers; floor drains;and appurtenances by size, location, and elevation and all points
of discharge;
T Time and duration of discharges; and
8. Any other information required by the Director to evaluate the wastewater discharge
permit application.
Incomplete or inaccurate applications shall not be processed and will be returned to the user for
revision.
F. Application Signatories and Certification. All wastewater discharge permit
applications and user reports must be signed by an authorized representative of the user and contain
the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure
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that qualified personnel properly gathered and evaluated the information submitted.
Based on my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the, information,the information submitted
is, to the best of my knowledge and belief,true,accurate, and complete, I am aware
that there are significant penalties for submitting false information. including the
possibility of fine and imprisonment for knowing violations."
G. Wastewater Discharge Permit Decisions. The Director will evaluate the data
furnished by the user and may require additional information. This additional information may be
gathered by inspections of user facilities and/or the use of a sample to collect wastewater samples
to characterize the pollutants in the user's discharge. This information gathering shall be in
accordance with Section 13.52.080 of this Chapter. After evaluation. of the data furnished, the
Director will determine whether or not to issue a wastewater discharge permit. The Director may
deny any application for a wastewater discharge permit.
13.52.060 WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
A. Wastewater Discharge Permit Duration. A wastewater discharge permit shall be
issued for a specified time period,not to exceed five(5)years from the effective date of the permit.
Each wastewater discharge permit shall indicate a specific date upon which it will expire.
BWastewater Discharge Permit Contents, A wastewater discharge permit shall include
such conditions as are deemed reasonably necessary by the Director to prevent pass-through or
interference, protect the quality of the water body receiving the treatment plant's effluent, protect
worker health and safety, facilitate sludge management and disposal and protect against damage to
the POTW.
I Wastewater discharge permits shall contain:
a. The duration of the wastewater discharge permit.
b, A statement that the wastewater discharge permit is nontransferable without
prior written notification to the City in accordance with this Chapter and provisions for furnishing
the new owner or operator with a copy of the existing wastewater discharge permit;
CEffluent limits based on applicable pretreatment standards;
d. Self monitoring, sampling, reporting, notification and record-keeping
requirements, These requirements shall include an identification of pollutants, to be monitored,
sampling location. sampling frequency,and sample type based on Federal, State and local law; and
el A statement of applicable civil and criminal penalties for violation of
pretreatment standards and requirements, and any applicable compliance schedule. Such schedule
DJW75LF
may not extend the time for compliance beyond that required by applicable Federal, State or local
law.
2. Wastewater discharge permits may contain,but need not be limited to,the following.
a. Limits on the average and/or maximum rate of discharge, time of discharge
and/or requirements for flow regulation and equalization;
b: Requirements for the installation of pretreatment technology, 'pollution
control,or construction of appropriate containment devices designed to reduce, eliminate or prevent
the introduction of pollutants into the treatment works
c Requirements for the development and implementation of spill control plans
or other special conditions including management practices necessary to adequately prevent
accidental, unanticipated or non-routine discharges;
d. Development and implementation of waste minimization plans to reduce the
Dunt of pollutants discharged to the POTW
e. The unitcharge or schedule of user charges and fees for the management of
the wastewater discharged to the POTW;
f. Requirements for installation and maintenance of inspection and sampling
facilities and equipment,
g` A statement that compliance with the wastewater discharge permit does not:
relieve the permittee of responsibility for compliance with all applicable Federal and State
pretreatment standards, including those which become effective during the term of the wastewater
discharge permit;and
h. Other conditions deemed appropriate by the Director to ensure compliance
with this Chapter, and State and Federal laws, rules and regulations.
C= Jastewater Discharge Permit Appeals. The Director shall provide public notice of
the issuance of a wastewater discharge permit. Any person, including the user, may petition the
Director to reconsider the terms of a wastewater discharge permit within tent(1 calendar days of
notice of its issuance.
I Failure to submit a timely petition for review shall be deemed to be a waiver of the
administrative appeal,
a <rr16
2. In its petition, the appealing party shall indicate the wastewater discharge permit
provisions objected to,the reasons for this objection, and the alternative condition,
if any, it seeks to place in the wastewater discharge permit.
3, The effectiveness of the wastewater discharge permit shall not be stayed pending the
appeal.
4If the Director falls to act within twenty (2�) days after receipt of an appeal, the
appeal shall be deemed denied. Decisions not to reconsider a wastewater discharge
permit, not issue a wastewater discharge permit, or not to modify a wastewater
discharge permit shall be considered final administrative actions for purposes of
judicial review.
5. Aggrieved parties seeking judicial review of the final administrative wastewater
discharge permit decision must do so by filing a complaint with the appropriate court
within the appropriate State statute of limitations,
l Wastewater Discharge Permit Modification. Wastewater discharge permits shall not
be transferred to a new owner or operator without prior written approval of the Director. The notice
of transfer to the Director shall include a written certification by the new owner or operator which:
I. States that the new owner or operator has no immediate intent to change the facility's
operations and processes;
2. Identifies the specific date on which the transfer will occur; and
3, Acknowledges full responsibility for complying with the existing wastewater
discharge permit.
Failure to provide advance written notice to the Director of a transfer renders the wastewater
discharge permit void as of the date of facility'transfer.
E. Wastewater Discharge Pen-nit Revocation. The Director may revoke a wastewater
discharge permit for good cause, including, but not limited to, the following reasons:
I Failure to notify the Director of significant changes to the wastewater prior to the
changed discharge,
2. Failure to provide prior notification to the Director of changed conditions pursuant
to the requirements of this Chapter;
3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application;
DIM'75LE 17
4Falsifying self-monitoring reports;
5. Tampering with monitoring equipment;
E. Refusing to allow the Director timely access to the facility premises and records;
7. Failure to meet effluent limitations;
g. Failure to pay fines,
9. Failure to pay sewer charges;
10, Failure to meet compliance schedules '
11. Failure to complete a wastewater surrey or the wastewater discharge permit
application;
12; Failure to provide advance notice of the transfer of business ownership of a
permitted facility; or
13. Violation of any pretreatment standard or requirement, or any terms of the
wastewater discharge permit or this Chapter.
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business
ownership. All wastewater discharge permits issued to a particular user are void upon the issuance
of a new wastewater discharge permit to that user.
F. Wastewater Discharge Permit Rei suance. A user with an expiring wastewater
discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete
permit application to the Director,a minimum of ninety(9 0)days prior to the expiration of the user's
existing wastewater discharge permit
G Regulation of Waste Received front:. Cather Jurisdictions, if another municipality or
user located within another municipality, contributes wastewater to the POTW, the City shall enter
into an agreement with the contributing municipality. Prior to entering into such an agreement, the
Director shall request the following information from the contributing municipality:
1. A description of the quality and volume of wastewater discharged to the POTW by
the contributing municipality;
1 An inventory of all users located within the contributing municipality that are
discharging to the POTW; and
, u 1
. Such ether information as the Director may deem necessary.
The agreement shallcontain the fallowing;
I: .A requirement for the contributing municipality to adopt a sewer use ,
ordinance which is at lust as stringent as this Chapter and local limits which
are at least as stringent as those in this Chapter. The requirement shall specify
that such ordinance and limits must be revised as necessary to reflect changes
made to this Chapter or local limits;
2 A requirement for the contributing municipality to submit a revised user
inventory on at lust an annual basin
provision specifying which pretreatment, implementation activities,
including wastewater discharge permit issuance, inspection and sampling,
and enforcement,'will be conducted by the contributing municipality; which
of these activities will be conducted y the director; and which of these
activities will be conducted jointly by the contributing municipality and the
Director'.,
4. A requirement for the contributing municipality to provide the Director ar with
access to all information'that the contributing municipality obtains as part o
its pretreatment activities,
5. Limits on the nature, quality, and volume of the contributing municipality's
wastewater at the point where it discharges to the IDT
6. Requirements for monitoring the contributing municipality's discharge;
. A provision ensuring the Director access to the facilities of users located
within the contributing municipality's jurisdictional boundaries for the
purpose of inspection, sampling and any other duties deemed necessary by
the Director, and
. A provision specifying remedies available for breach of the terms of the
agreement.
13-51070 REPORTING REQUIREMENTS
A. Baseline Monitoring Reports. Within either one hundred eighty i days after the
effective date of a categorical pretreatment standard, or the final administrative decision on a
category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users
WM,3751 1
currently discharging to or scheduled to discharge to the POTW; and at least ninety (90)days prior
to commencement of their discharge, new sources, and sources that become categorical users
subsequent to the promulgation of an applicable categorical standard-, shall submit to the Director
a report which contains the information listed below. A new source shall report the method of
pretreatment it intends to use to meet applicable categorical standards. A new source also shall give
estimates of its anticipated flow and quantity of pollutants to be discharged.
I Idgififyire g Inbrmatigri. The name and address of the facility, including the name
of the operator and owner,
2. Enyirgarnental Permits, A list of any environmental control permits held by or for
the facility.
3. Desgdplign of Qpgration& A brief description of the nature, average rate of
production,and standard industrial classifications of the operation carried out by such
user. This description should include a schematic process diagram which indicates
points of discharge to the POTW from the regulated processes.
4. plow Mmmnnt Information showing the measured average daily and maximum
daily flow,in gallons per day,to the POTW from regulated process streams and other
streams,as necessary,to allow use of the combined waste streams formula set out in
40 CFR 403.6(c).
5. Mgasuremenj gf Pj2lIqjant&
a The categorical pretreatment standards applicable to each regulated process.
b The results of sampling and analysis identifying the nature and concentration,
and/or mass, where required by the standard or by the Director, of regulated
pollutants in the discharge from each regulated process. Instantaneous, daily
maximum, and long-term average concentrations, or mass, where required,
shall be reported. The sample shall be representative of daily operations and
shall be analyzed in accordance with procedures set out in the Analytical
Requirements Section of this Chapter,
c Sampling must be, performed in accordance with procedures set out in the
Analytical Requirements Section of this Chapter.
& CM&g at .io
m, A statement, reviewed by the user's authorized representative and
certified by a qualified professional, indicating whether pretreatment standards arc
being met on a consistent basis, and, if not, whether additional operation and
maintenance (O&M) and/or additional pretreatment is required to meet the
pretreatment standards and requirements.
DJM315LF 20
7. Cgmjpll,ance.Schs-tduki If additional pretreatment and/or O&M will be required to
meet the pretreatment standards,the shortest schedule by which the user will provide
such additional pretreatment and/or O&M. The completion date in this schedule
shall not be later than the compliance date established for the applicable pretreatment
standard. A compliance schedule pursuant to this section must meet the requirements
set out in this Chapter.
8. Signature d Certification., All baseline monitoring reports must be signed and
certified by an authorized representative of the Industrial User in accordance with
this Chapter.
B. Compliance Schedule Progress.Reports. The following conditions shall apply to the
compliance schedule required by this Chapter.
L The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction and
operation of additional pretreatment required for the user to meet the applicable
pretreatment standards (such events include, but are not limited to, hiring an
engineer, completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, and beginning and
conducting routine operation);
2. No increment referred to above shall exceed nine (9)months;
3. The user shall submit a progress report to the Director no later than fourteen (14)
days following each date in the schedule and the final date of compliance including,
as a minimum,whether or not it complied with the increment of progress, the reason
for any delay, and, if appropriate,the steps being taken by the user to return to the
established schedule; and
4. In no event shall more than nine(9)months elapse between such progress reports to
the Director.
CReports on Compliance with Categorical Pretreatment Standard Deadline. Within
ninety (90) days following the date for finalcompliance with applicable categorical pretreatment
standards,or in.the case of a new source following cominencement of the introduction of wastewater
into the POTW, any user subject to such pretreatment standards and requiren-tents shall submit to
the Director areport containing the information described in, subsection A, above- of this section.
For users subject to equivalent mass or concentration limits established in accordance with the
procedures in 40 CFR 403.6(c),this report shall contain a reasonable measure of the user's long-term
production rate. For all other users subject to categorical pretreatment standards expressed in terms
of allowable pollutant discharge per unit of production during the appropriate sampling period. All
DINJI75LE 21
compliance reports must be signed and certified by an authorized representative of the Industrial
User;
D. Periodic Compliance Reports
I All significant industrial users shall submit a report indicating the nature and
concentration of pollutants in the discharge which are limited by pretreatment
standards and the Measured or estimated average and maximum daily flows for the
reporting period.. All periodic compliance reports roust be signed and certified by
n authorized representative of the Industrial ial 1ser in accordance with this chapter.
2 All wastewater samples must be representative of the user's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean,
and maintained in goad working order at all times. The failure of user to beep its
monitoring facility in good working order shall not be grounds for the user to claim
that sample results are unrepresentative of its discharge.
. If a user subject to the reporting requirement in this section monitors any pollutant;
more frequently than required by the Director,the results of this monitoring shall be
included in the report.
E. Deports of Changed Conditions. Each user must notify the Director of any planned
significant changes to the user's operations or system which might alter the nature, quality, or
volume of its wastewater at least sixty(60) days before the change.
1. The Director may require the user to submit such information as may be deemed
necessary to evaluate the changed condition, including the submission of
wastewater discharge permit application.
1 The Directormay issue a wastewater discharge permit' or modify an existing
wastewater discharge permit in response to changed conditions or anticipated
changed conditions,
For purposes of this requirement, significant changes include, but are not limited to
flow increases of twenty percent (20%) or greater, and the discharge of any
previously unreported pollutants.
F. Reports of potential Problems. In the case of any discharge, including, but not
limited to,accidental discharges,discharges of a non-routine eisodic nature,a non-customary batch
discharge, or a; Mug load, that may cause potential problems for the POTW, the user shall
immediately telephone and notify the Director of the incident. This notification shall include the
location of the discharge, type of waste,concentration and volume, if'know7n,and corrective actions
taken by the user:
DAWME 22
L Within five(5)days following such discharge,the user shall, unless waived by the
Director,submit a detailed written report describing the cause(s)of the discharge and
the measures to be taken by the user to prevent similar future occurrences. Such
notification shall not relievethe user of any expense, loss, damage, or other liability
which may be incurred as a result of damage to the POTW, natural resources, or any
other damage to person or property;nor shall such notification relieve the user of any
fines,penalties, or other liability which may be imposed pursuant to this ordinance.
2. A notice shall be permanently posted on the user's bulletin board or other prominent
place advising employees whom to call in the event of a discharge. Employers shall
ensure that all employees, who may cause such a discharge to occur, are advised of
the emergency notification procedure.
G. Reports from Unpermitted Users, All users not required to obtain a wastewater
discharge permit shall provide appropriate reports to the Director as the Director may require.
H. Notice of Violation/Repeat Sampling and Reporting. If sampling performed by a user
indicates a violation, the user must notify the Director within twenty-four(224)hours of becoming
aware of the violation. The user shall also repeat the sampling and analysis and submit the result
of the repeat analysis to the Director within thirty{30)days after becoming aware of the violation.
The user is not required to re-sample if the Director monitors at the user's facility at least once a
month,or if the Director samples between the user's initial sampling and when the user receives the
results of this sampling.
1. Analytical Requirements. All pollutant analyses, including sampling techniques, to
be submitted as part of a wastewater discharge permit application or report shall be performed in
accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an
applicable categorical pretreatment standard, and provide a representative sample of the effluent
being discharged. If 40 CFR Part 136 does not contain sampling or analytical techniques for the
pollutant in question, sampling and analyses must be performed in accordance with procedures
approved by EPA,
J. Sample Collection. Except as otherwise indicated., below, the user shall collect
wastewater samples using flow proportional composite collection techniques. In the event flow
proportional sampling is infeasible,the Director may authorize the use of time proportional sampling
or a minimum of four (4) grab samples where the user demonstrates that this will provide a
representative sample of the effluent being discharged. In addition, grab samples may be required
to show compliance with instantaneous discharge limits, Samples for oil and grease,temperature,
pH, cyanide, phenols, sulfides, and volatile organic compounds shall be obtained using grab
collection techniques.
DA075LE 23
KTiming. Written reports shall be deemed to have been submitted on the date
postmarked, For reports which are not mailed,postage prepaid, into a mail facility serviced by the
United States Postal Service, the date of receipt of the report shall govern.
L. Record Keeping. Users subject to the reporting requirements of this Chapter shall
retain, and make available for inspection and copying, all records of information obtained pursuant
to any monitoring activities required by this Chapter and any additional records of information
obtained pursuant to monitoring activities undertaken by the user independent of such requirements,
Records shall include the date, exact place, method, and time of sampling, and the name of the,
person(s)taking the samples; the dates analyses were performed; who performed the analyses; the
analytical techniques or methods used,and the results of such analyses. These records shall remain
available for a period of at least three(3)years. This period shall be automatically extended for the
duration of any litigation concerning the user or the Cir-
y, or where the user has been specifically
notified of a longer retention period by the Director,
13.52.080 COMPLIANCE MONITORING
A, Right of Entry: Inspection and Sampling. The Director shall have the right to enter
the premises of any user to determine whether the user is complying with all requirements of this
Chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the
Director ready access to all parts of the premises for the purposes of inspection, sampling, records
examination and copying, and the performance of any additional duties.
Where a user has security measures in force which 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, the
Director will be permitted to enter without delay for the purposes of performing
specific responsibilities.
The Director shall have the right to set up on the user's property, or require
installation of,such devices as are necessary to conduct sampling and/or metering of
the user's operations.
3. The Director may require the user to install monitoring equipment as necessary. The
facility's sampling and monitoring equipment shall be maintained at all times in a
safe and proper operating condition by the user at its own expense. All devices used
to measure wastewater flow and quality shall be calibrated per the manufacturer of
the device's guidelines to ensure their accuracy.
4. Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the user at the written or
verbal request of the Director and shall not be replaced. The costs of clearing such
access shall be born by the user.
24
5. Unreasonable delays in allowing the Director access to the user's premises shall be
a violation of this Chapter.
B. Search Warrants. If the Director has been refused access to a building, structure, or
property,or any part thereof, and is able to demonstrate probable cause to believe that there may be
a violation of this Chapter, or that there is a need to inspect and,/or sample as part of a routine
inspection and sampling program of the City designed to verify compliance with this Chapter or any
permit or order issued hereunder, or to protect the overall public health, safety and welfare of the
,community,then the Director may seek issuance of a search warrant from the appropriate Court.
131.52.090 CONFIDENTIAL INFORMATION
A. Information and data on a user obtained from reports, surveys,wastewater discharge
permit applications,wastewater discharge permits,and monitoring programs,and from the Director's
inspection and sampling activities,shall be available to the public without restriction,unless the user
specifically requests, and is able to demonstrate to the satisfaction of the Director,that the release
of such information would divulge information, processes, or methods of production entitled to
protection as trade secrets under applicable State law. Any such request must be asserted at the,time
of submission of the information or data. When.requested and demonstrated by the user furnishing
a report that such information should be held confidential, the portions of a report which might
disclose trade secrets or secret processes shall not be made available for inspection by the public,but
shall be made available immediately upon request to governmental agencies for uses related to the
Permit program or pretreatment program, and in enforcement proceedings involving the person
furnishing the report. Wastewater constituents and characteristics and other "effluent data" as
defined by 40 CFR 2.302 will not be recognized as confidential information and will be available
to the public without restriction.
13.52.100 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
A. The Director shall publish annually, in the largest daily newspaper published in the
municipality where the POT W is located, a list of the users which, during the previous twelve (12)
months,were in significant noncompliance with applicable pretreatment standards and requirements.
The term significant noncompliance shall mean:
I. Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six percent (66%)or more of wastewater measurements taken during a six(6)
month period exceed the daily maximum limit or average limit for the same pollutant
parameter-by any amount;
Technical Review Criteria(TRC)violations, defined here as those in which thirty-
three percent (33%) or more of wastewater measurements taken for each pollutant
parameter during a six (6) month period equals or exceeds the product of the daily
DVM!7%E 25
maximum limit of the average limit multiplied by the applicable criteria (1.4 for
BOD,TSS, fats, oils and`grease,and 1.2 for all other pollutants except pH);
3. Any other discharge violation that the Director believes has caused, alone or in
combination with other discharges, interference or pass-through, including
endangering the health of POTW personnel or the general public;
4: Any discharge of pollutants that has caused imminent endangerment to the public or
to the environment, or has resulted in the Director's exercise of its emergency
authority to halt or prevent such a discharge;
S. Failure to meet,within ninety(90)days of the scheduled date,a compliance schedule
milestone contained in a wastewater discharge permit or enforcement order for
starting construction,completing construction, or attaining final compliance;
6. Failure to provide within thirty (30) days after the due date, any required reports,
including baseline monitoring reports, reports on compliance with categorical
pretreatment standard deadlines, periodic self-monitoring reports, and reports on
compliance with compliance schedules;
7. Failure to accurately report noncompliance; or
8. Any other violation which the Director determines will adversely affect the operation
or implementation of the local pretreatment program.
13. 2,.111 ADMINISTRATIVE ENFORCEMENT REMEDIES
A. Notification of Violation. When the Director finds that a user has violated any
provision of this Chapter, a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the Director may serve upon that user a written Notice of
Violation. Within ten(10)calendar days of the receipt of this notice,an explanation of the violation
and a plan for the satisfactory correction and prevention thereof,to include specific required actions,
shall be submitted by the user to the Director. Submission of this plan in no way relieves the user
of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing
in this section shall limit the authority of the Director to take any action, including emergency
actions or any other enforcement action, without first issuing a Notice of Violation.
13_ Compliance Orders. When the Director finds that a user has violated any provision
of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement,the Director may issue an order to the user responsible for the discharge
directing that,the user come into compliance within a specified time. If the user does not come into
compliance within the time provided,sewer service may be discontinued unless adequate treatment
facilities, devices, or other related appurtenances are installed and properly operated. Compliance
26
DA4115LE
orders also may contain other requirements to address the noncompliance, including additional self-
monitoring and management practices designed to minimize the amount of pollutants discharged to
the sewer. A compliance order may not extend the deadline for compliance established for a
pretreatment standard or requirement, nor does a compliance order relieve the user of liability for
any violation, including any continuing-violation. Issuance of a compliance order shall not be a bar
against, or a prerequisite for, taking any other action against the user.
C. Emergency Suspensions. The Director may immediately suspend a user's discharge,
after informal notice to the user, whenever such suspension is necessary to stop an actual or
threatened discharge which reasonably appears to present or cause an imminent or substantial
endangerment to the health or welfare of persons. The Director may also inunediately suspend a
user's discharge,after notice and opportunity to respond,that threatens to interfere with the operation
of the POTW, or which presents,or may present,an endangerment to the environment,
1. Any user notified of a suspension of its discharge shall immediately stop or eliminate
its contribution. In the event of a user's failure to immediately comply voluntarily
with the suspension order, the Director may take such steps as deemed necessary,
including immediate severance of the sewer connection, to presnent>or minimize
damage to the POTW,its receiving stream,Or endangerment to any individuals. The
Director may allow the user to recommence its discharge when the user has
demonstrated to the satisfaction of the Director that the period of endangerment has
passed, unless the termination proceedings of this Chapter are initiated against the
user.
1 A user that is responsible,in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed Britten statement, describing the causes of the
harmful contribution and the measures taken to prevent any future occurrence,to the
Director prior to the date of any show cause or termination hearing under of this
Chapter.
Nothing in this section shall be interpreted as requiring a hearing prior to any ernergency suspension
under this section.
D. Termination of Discharge
In addition to the provisions of this Chapter,any user who violates the following conditions
is sul ject to discharge termination:
I Violation of wastewater discharge pernift conditions;
2, Failure to accurately report the wastewater constituents and characteristics of its
discharge;
27
3. Failure to report significant changes in operations or wastewater volume,
constituents, and characteristics prior to discharge;
4. Refusal of reasonable access to the user's premises for the purpose of inspection,
monitoring, or sampling; or
5. Violation of the pretreatment standards of this Chapter.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity
to show cause under of this Chapter why the proposed action should not be taken. Exercise of this
option by the Director shall not be a bar to,or a prerequisite for,taking any other action against the
user.
13.52.120 RJDICIAL ENFORCEMENT REMEDIES
A. Injunctive Relief. When the Director finds that a user has violated, or continues to
violate,any provision of this Chapter,a wastewater discharge permit, or order issued hereunder, or
any other pretreatment standard or requirement, the Director may petition the appropriate Court
through the City Attorney's office for the issuance of a temporary or permanent injunction, as
appropriate,which restrains or compels the specific performance of the wastewater discharge permit,
order,or other requirement imposed by this Chapter on activities of the user. The Director may also
seek such other action as is appropriate for legal and/or equitable relief, including a requirement for
the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar
against, or a prerequisite for, taking any other action against a user.
B Civil Penalties
1. Any user who has violated,or continues to violate, any provision of this Chapter,a
wastewater discharge permit, an order issued hereunder, or any other pretreatment
standard or requirement shall be liable to the City for a maximum civil penalty of
One Thousand Dollars ($1,000) per violation, per day for as long as the violation
continues, plus actual damages incurred by the City. In the case of a monthly or
other long-term average discharge limit, penalties shall accrue for each day during
the period-of the violation.
2, The Director may recover reasonable attorneys' fees,court costs, and other expenses
associated with,enforcement activities, including sampling and monitoring expenses,
and the cost of any actual damages incurred by the City.
3. In determining the amount of civil liability, the Court shall take into account all
relevant circumstances, including, but not limited to, the extent of harrn caused by
the violation, the magnitude and duration of the violation, any economic benefit
28
gained through the user's violation, corrective actions by the user, the compliance
history of the user and any other factor as justice requires,
4. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking
any other action against a user,
C. Criminal Prosecution
I Any user who violates any provision of this Chapter,a wastewater discharge permit,
an order issued hereunder or any other pretreatment standard or requirement shall,
upon conviction,be guilty of a misdemeanor punishable by a fine of not more than
the maximum fine and/or imprisonment allowed under State law per violation, per
day.
2, Any user who introduces any substance into the POTWArhich causes personal injury
or property damage shall, upon conviction, be guilty of a misdemeanor punishable
by a fine not more than the maximum fine and/or imprisonment allowed under State
law per violation, per day, This penalty shall be in addition to any other cause of
action for personal injury or property damage available under State, law.
Any user who knowingly makes any false statements, representations, or
certifications in any application,record, report,plan, or other documentation filed,
or required to be maintained,pursuant to this Chapter, wastewater discharge permit,
or order issued hereunder, or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required under this Chapter shall, upon
conviction, be punished by a fine of not more than the maximum fine and/or
imprisonment allowable under State law per violation, per day.
D. Remedies Nonexclusive. The remedies provided for in this Chapter are not
exclusive. The Director may take any, all, or any combination of these actions against a non
compliant user. Enforcement of pretreatment violations will generally be in accordance with the
City's enforcement response plan. However, the Director may take other action against any user
when the circumstances warrant, Further, the Director is empowered to take more than one
enforcement action against any noncompliant user,
13.511310 SUPPLEMENTAL ENFORCE MENTACTION
A 'erformance Bonds. The Director may decline to issue or reissue a wastewater
discharge permit to a user who has failed to comply with any provision of this Chapter,a previous
wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or
requirement, unless such user first files a satisfactory bond, payable to time City, in a sum not to
exceed a value determined by the Director to be necessary to achieve consistent,compliance.
29
13Liability Insurance. The Director may decline to issue or reissue-a wastewater
discharge permit to any user who has failed to comply with any provision of this Chapter,a previous
wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or
requirement, unless the user first submits proof that it has obtained financial assurances sufficient
to restore or repair damage to the POTW caused by its discharge.
I C- Water Supply Severance. Whenever a user has violated or continues to violate any
provision of this Chapter, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, water service to the user may be severed. Service shall only
recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
D. Public Nuisance. A violation of any provision of this Chapter, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is
hereby declared a public nuisance and shall be corrected or abated as directed by the Director, Any
person creating a public nuisance shall be subject to the provisions of the Redlands Municipal Code
governing such nuisances, including reimbursing the City for any costs incurred in removing,
abating or remedying such nuisance.
13.52�140 MISCELLANEOUS PROVISIONS
A. Pretreatment Charges and Fees. The City may adopt by resolution reasonable fees
for the reimbursement of its costs of establishing, implementing and operating the City's
Pretreatment Program which may include,but are not limited to,the cost of processing wastewater
discharge permit applications for monitoring, inspection and surveillance procedures, the review
of monitoring reports submitted by users, for reviewing and responding to accidental discharge
procedures and construction for filing appeals and other fees as the City may deem necessary to carry
out the requirements of this Chapter.
DJM37%F 30
Section Two: The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance, and cause it, or a summary of it, to be published once in the Redlands
Daily Facts,a newspaper of general circulation printed and published in the City;and thereafter,this
ordinance shall take effect in accordance with law.
Mayor of the ity of Redlands
ATTEST:
City C rk
1,Lorrie Poyzer, City Clerk,City of Redlands,hereby certify that the foregoing ordinance was duly
adopted by the City Council at a regular meeting thereof held on the 18th day of April F 1995.
AYES: Council embers Foster, Cunningham, Gilbreath; Mayor Larson
NOES: None
ABSENT: Councilmember Gil
ABSTAINED: None
forrjoyzer, C6&erk
DA13751,F, 31