American Canyon Municipal Code Ch. 14.16 Sewer Use Regulations

The city may deny or condition

new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its discharge permit. (Ref. 40 CFR 403.8(f)(1)(i).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 503.01, 1993

All industrial users must be

in consistent compliance with applicable pretreatment standards and requirements. (Ref. 40 CFR 403(f)(1)(ii).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 503.02, 1993

Every significant industrial user and any other industrial deemed

necessary by the city must be issued a permit. The minimum components contained with the permit are:

(A) Duration of permit (three years maximum);

(B) Nontransferability of permits;

(C) Applicable effluent limits (local, state, federal);

(D) Self-monitoring, sampling, reporting, notification and recordkeeping requirements, identification of pollutants to be monitored, sampling location, sampling frequency, and sample type;

(E) Civil and criminal penalties;

(F) Compliance schedules which may not exceed the compliance date beyond applicable federal deadlines. (Ref. 40 CFR 403.8(f)(1)(iii).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 503.03, 1993

The city may require from any industrial user a compliance schedule for

the installation of technology required to meet applicable pretreatment standards and requirements and submit all notices and reports from industrial users including, but not limited to, the reports required in this chapter. (Ref. 40 CFR 403.8(f)(1)(iv).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 503.04, 1993

Representatives of the city, bearing proper credentials and identification, shall be

permitted to enter all properties served by the city for the purposes of inspection, surveillance, observance, and monitoring procedures (including measurement, sampling and testing). This includes authority to enter any industrial user's discharge source, treatment system or recordkeeping location with authority to copy records. Such authority is provided under Section 308 of the Act.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 503.05, 1993

The city may obtain remedies for noncompliance by any

industrial user with any pretreatment standard and requirement including injunctive relief, civil and criminal penalties, judicial relief, termination of service, etc., as detailed in the enforcement provisions contained within this title. (Ref. 40 CFR 403.8(f)(1)(vi).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 503.06, 1993

(A) Permits to discharge into the sewage system of the city will only be granted after considering all elements of this title.

(B) Each user shall be classified as categorical industrial user, significant industrial user, nonresidential user (other commercial), or domestic user. Each user, with the exception of domestic user, may be required to possess a waste discharge permit issued by the city.

(C) Nonresidential users may be exempted from the permit requirements of this title at the discretion of the city manager if they are known to discharge only domestic sanitary sewage (as defined).

(D) Users required to obtain waste discharge permit shall complete, and file with the city, a permit application accompanied by any appropriate fees.

(E) Permits will be issued to all significant industrial users, categorical industrial users and all nonresidential users that the city deems necessary. A permit fee shall be established to recover administrative costs associated with each class of permitted user.

(F) Within thirty days of receiving approval of the list of significant industrial users from the approval authority, the city will notify the significant industrial users of applicable pretreatment standards and requirements.

(G) Upon determining that an industrial user (IU), meeting the definition of a significant noncategorical industrial user, has no reasonable potential for adversely affecting the city's operation or for violating any pretreatment regulations, the city may determine that such industrial user is not a significant industrial user (SIU).

(H) Long-term permits shall be renewed yearly or as defined in each individual permit.

(I) Short-term permits shall be renewed as defined in each individual permit.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 504.00, 1993

The physical, chemical and

biological characteristics of domestic sanitary sewage shall be based on daily composite average of the discharge and shall conform to the following limits:

Domestic Sanitary Sewage

Waste Characteristic Maximum Concentration

Hydrogen ion concentration 5.0-10.0

Domestic Sanitary Sewage

Waste Characteristic Maximum Concentration

Total dissolved solids 500 milligrams/liter

Turbidity 250 JTU

Color 500 CU

Biochemical oxygen demand 175 milligrams/liter

Chemical oxygen demand 500 milligrams/liter

Suspended solids 200 milligrams/liter

Settleable solids 10 milligrams/liter

Sulfide 0.5 milligrams/liter

Grease (vegetable based) 75 milligrams/liter

Toxicity (LC Bioassay) 25%

Detergent (MBAS) 10 milligrams/liter

Ammonia Phosphate (total) 25 milligrams/liter

The physical, chemical and biological characteristics of industrial sanitary sewage shall be based on daily composite average of the industrial discharge and not exceed the influent design limits of the city wastewater treatment facility as follows:

Industrial Sanitary Sewage Maximum Allowable Concentration

Performance Parameter

BOD 200 milligrams/liter

TSS 220 milligrams/liter

TKN 35 milligrams/liter

Alkalinity ≤ 120 milligrams/liter as CaCO

Ord. 2004-09 § 1, 2004

Ord. 98-07 § 2, 1998

Ord. 93-01 § 55.01, 1993

Except as hereinafter provided, no person shall discharge or cause to be

discharged any of the following water or wastewaters into public sewers as outlined in Sections 706.01 through 706.04.3.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.00, 1993

A user may not introduce into any POTW any pollutant(s) which cause

pass through or interference. These specific prohibitions and the general prohibitions apply to each user introducing pollutions into any POTW whether or not the user is subject to other national pretreatment standards or any national, state or local pretreatment requirements.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.01, 1993

The most stringent regulations or standards: federal,

state, regional or local shall apply.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.02, 1993

Pollutants which create a fire or explosion

hazard in the POTW including wastestreams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit (sixty degrees Celsius). (Ref. 40 CFR 403.5(b)(1).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.03.1, 1993

Any waste having a pH lower than 5.0 or having

any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the city. (Ref. 40 CFR 403.5(b)(2).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.03.2, 1993

Solids or viscous substances in quantities or of such size

capable of causing obstruction to the flow in sewers, resulting in interference with the proper operation of the sewerage works, such as, but not limited to, ashes, cinders, containers, cups, feathers, garbage, glass, grease, hair, hides, leaves, metal, mud, oil, paper dishes, plastics, rags, sand, sawdust, seeds, shavings, stems, straw, tar, wood, wool, etc. either whole or ground by a garbage grinder. (Ref. 40 CFR 403.5(b)(1).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.03.3, 1993

(A) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW. "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both inhibits or disrupts the POTW; its treatment processes or operations; or its sludge processes, use, or disposal; and therefore causes a violation of the POTW's NPDES permit or prevents sewage sludge use or disposal in compliance with specified federal statutes, regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II more commonly referred to as the Resource Conservation and Recovery Act (RCRA)) and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

(B) A user shall have affirmative defense in any action brought against it alleging a violation of the general prohibitions established in 40 CFR 403.5(a)(2) if the user can demonstrate that:

(1) It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass through or interference; and

(2) If city local limits for pass through and interference were not developed according to 40 CFR 403.5(c). (Ref. 40 CFR 403.5(2)(i)(ii).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.03.4, 1993

Heat in amounts which will inhibit biological activity in

the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds forty degrees Celsius (one hundred four degrees Fahrenheit). (Ref. 40 CFR 403.5(b) (5).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.03.5, 1993

Any waters or wastes containing petroleum oil,

nonbiodegradable cutting oil, or products of mineral origin in amounts that cause interference or pass through. (Ref. 40 CFR 403.5(b)(6).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.03.6, 1993

Any noxious or malodorous

substances which themselves or by interaction with other wastes may result in toxic gases, fumes, or vapors in a quantity capable of causing a public nuisance or worker health and safety problems. (Ref. 40 CFR 403.5(b)(7).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.03.7, 1993

No person shall discharge any

substances directly into a manhole or other opening in a public sewer other than through an approved building sewer, unless he has been issued a wastewater discharge permit by the city designating the discharge location. If a wastewater discharge permit is issued for such direct discharge, the user shall pay the applicable charges and fees and shall meet such other conditions as required by the city. (Ref. 40 CFR 403.5(b)(8).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.03.8, 1993

A discharge which exits the POTW into waters of the

United States in quantities or concentrations which, alone or with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation). (Ref. 40 CFR 403.3(n).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.03.9, 1993

As required in this section and pursuant to 40

CFR 403.8, the control authority, (the city) continually develops and enforces specific limits to implement the prohibitions listed in 403.5(a)(1) and 403.5(b) including the local limits.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.04.1, 1993

Any waters or wastes containing a toxic or poisonous substance

in sufficient quantities to injure or interfere with or create any hazard in the sewage treatment process, effluent quality, sludge quality, or receiving water quality requirements to humans, animals or plant life. The following "local limits" comprise a partial list of toxic pollutants of concern (and others designated pursuant to Section 3 07(a)(1) of the Act) and their maximum concentration allowable by any discharger for admission into the sewerage system:

(A) Any industrial user who discharges directly into the city service area or jurisdiction of the city shall not exceed the following discharge limits:

Maximum Allowable Concentration Milligrams/Liter

Toxicant

Ammonia 47.43

Arsenic 0.2

Cadmium 0.16

Chromium—Total 3.5

Copper 0.87

Cyanide 1.0

Dissolved sulfide 0.10

Lead 0.45

Mercury 0.00020

Nickel 0.30

Oil and grease (petroleum based) 50.00

Oil and grease (vegetable and animal based) 75.00

pH 6.0-9.0

Phenol 29.59

Polynuclear aromatic hydrocarbons (PAH) 0.92

Selenium —

Silver 0.30

Total toxic organics 1.00

Volatile organic compounds (VOC) 10% LEL

Zinc 3.2

Additional Wastewater Constituents of Agronomic Importance Recommended maximum concentration from the California State Water Resources Control Board, "Guidance Manual, Irrigation With Reclaimed Municipal Wastewater." Report Number 84-1 R.

Maximum Allowable Concentration Milligrams/Liters

Constituent

Salinity 2.5 dS/m (mmhos/cm)

TDS 1.500

Chloride (CI) 350 mg/l

Sodium (Na) 70 mg/l*

Boron (B) 1.5 mg/1

Maximum Allowable Concentration Milligrams/Liters

Mo .01

V 0.1

Li 2.5

F 1.0

Co .05

Be .1

• (Na) 70 mg/I or if Sodium concentration exceeds this value then discharge must not have an SAR exceeding 6.

(B) The maximum allowable concentration of toxic or potentially toxic material not listed above will be determined on an individual basis. No industrial waste shall be discharged which has a lethal toxicity as determined by a ninety-six-hour static bioassay using threespine stickleback of less than twenty-five percent concentration of wastewater.

Ord. 2004-09 § 2, 2004

Ord. 98-07 § 2, 1998

Ord. 93-01 §§ 506.04.2, 506.04.3, 1993

No person shall discharge or

cause to be discharged any rainwater, stormwater, groundwater, street drainage, subsurface drainage, water from yard fountains, ponds or lawn sprays or any other uncontaminated water into any sewerage facility which directly or indirectly discharges to facilities owned by the city.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.05.1, 1993

Wastewater generated from

the cleanup of spills, leaking underground storage tanks, monitoring wells or other similar source shall not be discharged through direct or indirect connections to a community sewer unless a temporary discharge permit is issued by the city. The city may approve the discharge of such water only when no reasonable alternative method of disposal is available.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.05.2, 1993

cooling or swimming pool drains unless special permission has been granted by the city manager.

Ord. 98-07 § 2, 1998

Ord. 9301 § 506.05.3, 1993

Any garbage excepting properly shredded garbage from

dwellings or restaurants engaged in preparation of foods and beverages for consumption. Properly shredded garbage shall contain less than five percent (dry weight basis) of material and able to pass a three-eighths-inch screen.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.05.4, 1993

Any industrial process water or wastes containing

suspended solids of such character and quantity that unusual attention or expense is required to handle such material at the sewage treatment plant. Suspended solids discharged in industrial process wastewater shall have a dimension no larger than that of a one-fourth-inch mesh.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.05.5, 1993

Any water or wastes containing substances

which are not amenable to treatment or which cause the treatment plant effluent to fail to meet any discharge requirements established by the state of California or the United States Federal Government shall not discharge to the city sewage system.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.05.7, 1993

hydrocarbon, organo-phosphate or similar chemical compounds used as algaecides, bactericides, fungicides, herbicides, insecticides, or pesticides shall be discharged into the sewerage system in any concentration except as specifically approved by a written wastewater discharge permit.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.05.8, 1993

Strong oxidizing and reducing

agents shall not be discharged into the sewage system at concentrations exceeding the following concentrations, except by special wastewater discharge permit.

Agent Maximum
Concentration

Chlorine, chlorine dioxide, potassium permanganate, ozone and other strong oxidants 5 milligrams/liter

Sulfite, thiosulfate, nitrite and other strong reducing agents 5 milligrams/liter

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.05.9, 1993

(A) Radioactive wastes of any kind, except where:

(1) The person is authorized to use radioactive materials by the state Department of Public Health, Atomic Energy Commission, or other governmental agency empowered to regulate the use of radioactive materials;

(2) The waste is discharged in strict conformity with current California Radiation Control Regulations (California Administrative Code, Title 17), State Department of Public Health, Atomic Energy Commission, or other governmental agency empowered to regulate the use of radioactive materials;

(3) The person discharging the radioactive waste assumes full responsibility for any injury to personnel, or damage to the sewerage system that may result from such discharge;

(4) Radioactivity of the treated wastewater prior to disposal does not exceed limits established by the designated agencies of the state; and

(5) Residual radioactivity is within limits permitted by state or local regulation in final disposal.

(B) Any person discharging a radioactive waste into the sewerage system in accordance with the provisions of the preceding paragraph shall apply for a wastewater discharge permit to discharge such wastes, and submit a periodic report of discharge occurrences and quantities. In the event of an accidental spill of any radioactive material into the sewerage system, the person responsible shall immediately notify the city manager or his designee.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.05.10, 1993

(A) Hospitals, clinics, offices of medical doctors and convalescent homes shall not discharge to the sanitary sewer:

(1) Equipment, instruments, utensils, hypodermic needles, syringes, and associated articles;

(2) Any article that may harbor or transmit pathogenic organisms and that are used in the rooms of patients having a suspected or diagnosed communicable disease, which by the nature of the disease is required to be isolated;

(3) Recognizable portions of the human anatomy;

(4) Waste excluded by other provisions of these regulations.

(B) Nothing in this section shall be construed to limit the authority of appropriate health agencies to define wastes as being infectious and to prohibit discharge to the sanitary sewer.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.05.11, 1993

Materials which exert or cause:

(A) Unusual concentrations of inert suspended solids;

(B) Excessive discoloration;

(C) Unusual B.O.D., chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment plant;

(D) Unusual volume of flow, including slug discharges;

(E) Oxygen demanding pollutants discharged at a concentration or volume that will cause interference;

(F) Pollutants in quantities at a concentration or volume that may cause excessive foaming in the treatment works or POTW discharge.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 506.05.12, 1993

(A) Any substance in any commercial or industrial waste discharge which may result in operational costs and maintenance of sewage collection and treatment facilities in excess of that required for normal domestic sanitary sewage or waste concentrations as listed in Section 705.01, or with any of the prohibited waste characteristics as listed in Sections 706.00 through 706.04.3, and/or having an average daily flow greater than one-quarter of one percent of the average daily flow of the city shall be subject to the review and approval of the city manager.

(B) The discharges shall comply with any of the following restrictions as approved by the city manager or his designee for acceptance of the wastewater into the sewer system.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 507.00, 1993

Pursuant to Section 307(b) of the Clean Water Act (33 U.S.C. 1251 et seq.), as

amended, all pretreatment for incompatible pollutants discharged at each industrial plant site to the public sewer shall be consistent with Federal Categorical Pretreatment Standards in 40 (:kR Subchapter N.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 507.01, 1993

Limitations of the volume and rate of flow discharging into the sewer system to limit

and equalize extreme flow and waste concentration.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 507.02, 1993

Require a payment, in an amount established by the council to cover the

added cost of handling and treating wastes. If the city manager or his designee requires pretreatment or equalization of flow, the design and installation of the plants and equipment shall be subject to the review and approval of the city and no construction of such facilities shall commence until the approval is obtained in writing.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 507.03, 1993

When the discharge of a commercial waste causes an obstruction,

damage or other impairment to the sewage system, the city manager or his designee may assess a reasonable charge against the discharger for the work required to clean or repair the facility.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 507.04, 1993

(A) The city manager or his designee may limit the quantity and rate of any waste discharge, when in his judgment, the capacity of any part of the sewerage system would be overtaxed by the discharge, or the quantity or rate of discharge would impose a disproportionate cost to the operation of the sewerage system. In addition to commercial and industrial waste discharges, the provisions of this paragraph shall apply to septic tank pumpages, swimming pool drainage, cooling water, or other discharges from building, heating, cooling or air conditioning systems.

(B) Discharge of any waste covered by this section shall not be discharged into the sewerage systems until after specific approval of the quantity and procedure proposed has been granted by the city manager or his designee.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 507.05, 1993

The disposal of wastes not permitted to be discharged into

the. public sewer, including, but not limited to, sludges, spent chemicals, and hazardous materials, 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 and D of the Resource Conservation and Recovery Act (RCRA); and Title 22, Division 4, Chapter 30 of the California Code of Regulations. A record or manifest of disposal shall be maintained and available for review by the city. The required "waste haulers report" must be completed and a copy furnished within thirty days to the city by the discharger.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 507.06, 1993

No septic tank pumpage discharges will be

allowed directly or indirectly to the POTW.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 508.01, 1993

No person shall discharge any holding tank wastes or

wastes from barrels, storage tanks, or any other such containers into a public sewer unless he has been issued a permit by the city. This permit will state the specific location of discharge, the times of day discharge can occur, the volume of the discharge and the wastewater constituents and characteristics. If a permit is granted for discharge of such waste into a city facility, the user shall pay the applicable charges and fees and shall meet such other conditions as required by the city.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 508.02, 1993

No user may discharge any hazardous waste transported to the

POTW by any means including truck, rail, or dedicated pipe (when the waste is not mixed with domestic sewage) that can subject the POTW to any RCRA hazardous waste requirements.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 508.03, 1993

(A) Federal Categorical Pretreatment Standards. Standards and requirements under 40 Code of Federal Regulations 405 through 471 are accepted by reference.

(B) Category Determination Request. An industrial user or the city may request, in writing, from the state a determination as to which category is most appropriate for the industrial user.

(C) Application Deadline. All existing industrial users must submit a request to the city manager or his designee for subcategory determination within sixty days after the effective date of a pretreatment standard for a subcategory under which an industrial user may be included or when an industrial user adds or changes a process or operation. A "new source" must request this certification prior to commencing discharge.

(D) Contents of Application. Each request must include a description of which subcategories might be applicable, evidence and reasons why a particular subcategory may or may not be applicable, and a signed statement of truthfulness as cited in 40 CFR 403.6(a)(2)(ii). (See sample "statement of truthfulness" at the end of this chapter.)

(E) Deficient Requests. The city manager or his designee will only act on written requests for determination that contain all of the information required. Any requests having deficiencies that are not corrected within thirty days, or an extended period allowed by the city manager, shall be denied.

(F) Requests for Hearing and/or Legal Decision. The requested industrial user may submit within thirty days of receipt of notice of the final determination, a petition to consider or contest the decision to the regional administrator.

(G) Deadline for Compliance with Categorical Standards. Compliance by existing sources with categorical pretreatment standards shall be within three years of the date of the standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 CFR, Chapter 1, Subpart N. Existing sources which become industrial users subsequent to promulgation of an applicable categorical pretreatment standard shall be considered existing industrial users except where such sources meet the definition of a "new source." New sources shall install and have in operating condition, and shall "start up" all pollution control equipment required to meet the applicable pretreatment standards before beginning to discharge. Within the shortest feasible time (not to exceed ninety days), new sources must meet all applicable pretreatment standards.

(H) Concentration and Mass Limits. Pollutant discharge limits in categorical pretreatment standards will be expressed either as concentration or mass limits. Wherever possible, where concentration limits are specified in standards, equivalent mass limits will be provided so that local, state or federal authorities responsible for enforcement may use either concentration or mass limits. Limits in categorical pretreatment standards shall apply to the effluent of the process regulated by the standard, or as otherwise specified by the standard.

(I) Dilution Prohibited as Substitute for Treatment. Except where expressly authorized to do so by an applicable categorical pretreatment standard, no industrial user shall ever increase the use of process water or, in any other way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a categorical pretreatment standard or requirement. The control authority may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate.

(J) Combined Wastestream Formula.

(1) Where process effluent is mixed prior to treatment with wastewaters other than those generated by the regulated process, fixed alternative discharge limits may be derived by the control authority or the industrial user with the written concurrence of the control authority. These alternative limits shall be applied to the mixed effluent. When deriving alternative categorical limits, the control authority or industrial user shall calculate both an alternative daily maximum value using the daily maximum value(s) specified in the appropriate categorical pretreatment standard(s) and an alternative consecutive sampling day average value using the monthly average value(s) specified in the appropriate categorical pretreatment standard(s).

(2) The industrial user shall comply with the alternative daily maximum and monthly average limits fixed by the control authority until the control authority modifies the limits or approves an industrial user modification request. Modification is authorized whenever there is a material or significant change in the values used in the calculation to fix alternative limits for the regulated pollutant.

(3) An industrial user must immediately report any such material or significant change to the control authority. Where appropriate, new alternative categorical limits shall be calculated within thirty days. The calculations for the alternative concentration limit and/or the alternative mass limit, detection limits, and self-monitoring requirements must comply with 40 CFR 403.6(e) (1-4).

Ord. 98-07 § 2, 1998

Ord. 93-01 § 509.00, 1993

Removal credits will not be granted to any indirect dischargers with the city

service area.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 510.00, 1993

(A) Identification. Identify and locate all industrial users subject to the POTW pretreatment program. Identify the character and volume of pollutants contributed to the POTW by the industrial users identified under 403.8(f)(2)(i).

(B) Notification. The city will notify the significant industrial user of applicable pretreatment standards and requirements.

(C) Self-Monitoring Reports.

(1) Receive and analyze self-monitoring reports and other notices submitted by industrial users in accordance with the self-monitoring requirements in 40 CFR 403.12.

(2) Inspect and sample the effluent from each significant industrial user at least once per year. Determine if each significant industrial user needs a plan to control slug discharges at least once every two years.

(D) Accidental Discharges.

(1) Each discharger shall provide protection from accidental discharge of prohibited materials and/or other wastes regulated by this title. Where necessary, or as directed by the city manager, retention basins, dikes, storage tanks or other facilities designed to eliminate, neutralize, offset or otherwise negate the effects of prohibited materials or wastes discharged in violation of this title shall be installed.

(2) Dischargers shall notify the city immediately when accidental discharges, including slug loads of wastes in violation of this title occur so that counter measures may be taken by the city to minimize damage to the sewer system, treatment plant, treatment process and the receiving waters. Such notification of "interference" will not relieve dischargers of liability for any expense, loss or damage to the sewer system, judgments imposed on the city on account thereof under Section 13000 et seq., of the California Water Code or for violation of Section 5650 of the California Fish and Game Code.

(3) In the event of accident discharge in violation of this title, discharger shall furnish the city, within five days of the date of occurrence, a detailed written statement describing the causes of the accidental discharge and the measure being taken to prevent future occurrence.

(4) Sewer connections within the discharger's plumbing or drainage system shall be appropriately labeled to warn operating personnel against discharge of any substance in violation of this title.

(E) Slug Loading Control Plan. An industrial user must develop and implement a slug loading control plan whenever the city decides that a slug control plan is needed. The slug loading control plan shall contain, at a minimum, the following elements designed to prevent slug loading:

(1) Description of discharge practices, including nonroutine batch discharges.

(2) The description shall include a list of chemicals that are handled/stored, MSDS reports, volume of each chemical, and capacity of each tank.

(3) Procedures for immediately notifying the POTW of slug discharges, including any discharges that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days.

(4) Procedures to prevent adverse impact from slug loads, including inspection and maintenance of potential spill sources including storage areas, loading and unloading operations, control of plant site runoff, working training, building of containment structures or equipment measures for containing toxic organic pollutants (including solvents) with a list of measures, equipment, and materials available for spill response activities along with their location. A listing of commercial (or other) suppliers of spill response equipment and materials (indicating the types of equipment available) and their telephone numbers.

(5) A list of the facility personnel (by name and title) that have an identified role to play in the implementation of a slug load response plan, indicating the responsibilities and authorities of each.

(6) The plan containing all of the above prescribed elements must be submitted to the city for approval within two months from the date requested to develop and implement a slug loading control plan. Full implementation of an approved slug loading control plan is not to exceed four months.

(7) The industrial user "permittee" shall notify the city of any proposed changes to the plan by submitting proposed revised plan to the NSD and informing the NSD in advance of the date upon which the proposed revised plan will take effect (pending approval by NSD). (Ref. 40 CFR 403.8(f)(2)(v).)

(F) Investigate Noncompliance. Investigate instances of noncompliance with pretreatment standards and requirements including but not limited to reports, notices, sample-taking and analysis, inspections and surveillance activities.

(G) Public Participation (Significant Noncompliance). The procedures in this section and 40 CFR Part 25 in the enforcement of national pretreatment standards include provision. An industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

(1) Chronic violations (exceeding the daily maximum limit or the average limit sixty-six percent of the time during a six-month period) of the same pollutant parameter;

(2) Technical review criteria (TRC) violations (thirty-three percent or more of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the applicable limit and the TRC value (1.4 times the limit for a conventional pollutant or 1.2 times the limit for a toxic pollutant));

(3) A violation of pass through or interference;

(4) A discharge of imminent endangerment to human health, welfare, or the environment, or which required the POTW to use its emergency, authorities under 40 CFR 403.8(f)(1)(vi)(b);

(5) Violations of a compliance schedule milestone by ninety days;

(6) Failure to accurately report noncompliance;

(7) Any other violation deemed significant by the control authority. (Ref. 40 CFR 403.8(f)(2)(vii).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 511.00, 1993

(A) Industrial Parks Notification. All owners of industrial parks are required to notify the city, at least annually, of all changes in tenancy and any known changes in industrial operations among their tenants.

(B) Notice of Violation. Whenever the city manager or his designee finds that discharge of any waste is, or threatens to become, a public nuisance or a violation of established requirements, including but not limited to this title, other ordinances and resolutions, he may issue an order specifying such nuisance, violations, or threatened violations, and ordering compliance within the time schedule specified therein. Noncompliance with such order shall constitute a violation of this title.

(C) Serious and Immediate Hazards. Notwithstanding the provisions of any other section of this title, whenever in the judgment of the city manager or his designee, it appears that any waste discharge is causing any condition constituting a hazard to the life, health or safety of any person, or the sewage system, the city manager or his designee is empowered to terminate service immediately.

(D) Sampling Facilities. The discharger of any industrial waste shall, at his own expense, install sampling manhole and other metering and monitoring equipment to facilitate observation, sampling, and measurement of the discharger's waste. Such sampling facility shall be acceptable to the city manager or his designee for the purposes required, shall be safely located, accessible at all times and constructed in a manner and with materials in conformance with city regulations. These facilities shall be maintained in good condition at all times by the discharger at his expense. Sampling facilities shall be installed within ninety days after notice by the city manager or his designee.

(E) Maintenance of Pretreatment Facilities. Where pretreatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense and to the satisfaction of the city.

(F) Interceptors Required. Grease, oil and sand interceptors shall be provided when, in the opinion of the city manager or his designee, they are necessary for the proper handling of liquid wastes, containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for building used for residential purposes. All interceptors shall be of a type and capacity approved by the city manager or his designee, and shall be so located as to be readily and easily accessible for cleaning and inspection. Domestic waste from toilets, urinals, wash basins or any fixture receiving fecal material shall not flow through the removal device.

(G) Maintenance of Interceptors. All grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. (Emulsifying chemicals may not be used to dissolve grease.)

(H) Measurements and Tests. All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this title shall be determined in accordance with the test procedures found in 40 (Lit Part 136 and amendments thereto whenever applicable. If the 40 CFR procedures must be approved by the EPA. Analysis shall be determined from samples collected at a predetermined manhole or other sampling location (i.e., control manhole, end of process, end of pipe, or other location) identified and approved by the city manager. In the event that no special sampling location or manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the side sewer is connected.

(I) Special Agreements. No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any industrial user concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefore by the industrial concern and subject to such terms and conditions as might be required by city. This agreement of waiver does not preclude any National Categorical Pretreatment Standard or requirement, or local limits.

(J) Changes in Pretreatment and Waste Discharge Requirements.

(1) The provisions contained in this chapter relating to pretreatment and to prohibited waste discharges and as to limitations and restrictions on waste discharges are subject to regulations by state and federal authorities and are subject to the terms and conditions of the National Pollution Discharge Elimination System Permit heretofore issued to the city and/or American Canyon Napa Wastewater Authority (NAC). Should the state and federal regulations be modified or should amended, the requirements of this title shall be suspended to the extent that such standards shall be immediately applicable upon the effective date of such state or federal regulations or of the amendment to the national pollution discharge elimination system permit.

(2) Pursuant to Section 307(b) Clean Water Act (33 U.S.C. 1251 et seq.), as amended, all pretreatment for incompatible pollutants discharged at each industrial plant site to the public sewer shall be consistent with federal categorical pretreatment standards.

(K) Notice to Employees. In order that employees of users be informed of city requirements, users shall post in a conspicuous place and 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.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 512.00, 1993

(A) Baseline Monitoring Report.

(1) A baseline monitoring report must be submitted by existing and new industrial users subject to categorical standards and currently discharging or scheduled to discharge to the sewer system. Existing industrial users must submit the required information in this section within one hundred eighty days after the effective date of a categorical pretreatment standard or one hundred eighty days after the final administrative decision made upon a category, determination submission, whichever is later. New source industrial users must submit the required information at least ninety days prior to commencement of discharge.

(2) The city manager or his designee may require additional information as part of the report if, in his or her opinion, insufficient information has been provided. (Ref. 40 CFR 403.12(b).)

(B) Identifying Information. The user shall submit the name and address of the facility, including the name of the operator and owners.

(C) Permits. The user shall submit a list of any environmental control permit held by or for the facility.

(D) Description of Operation. The user shall submit a brief description of the nature of the process, average rate of production (flow, volume, substances and concentrations in the waste discharge). Also submit the standard industrial classification (SIC) of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(E) Flow Measurement. Users shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from the regulated process streams and other streams as necessary to allow use of the combined wastestream formula.

(F) Measurement of Pollutants.

(1) The industrial user shall identify the pretreatment standards applicable to each regulated process.

(2) The industrial user shall submit the results of sampling and analysis from each regulated process to the city. The daily maximum and average concentration shall be reported. The sample shall be representative of daily operations.

(3) The proper and approved method of sampling (grab, flow-proportional composite, or time-proportional composite) will be utilized to obtain representative results.

(4) A minimum of one representative sample will be taken to comply with the requirements of this section.

(5) Samples should be taken immediately downstream from pretreatment facilities, if such exist, or immediately downstream from the regulated process if no pretreatment exists. All flows and concentrations must be measured to allow use of combined wastestream formula.

(6) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto. Where Part 136 procedures do not include sampling or analytical techniques or where Part 136 methods are deemed (by EPA administrator) to be inappropriate, sampling and analysis shall occur according to procedures approved by EPA.

(7) The baseline monitoring report shall indicate the time, date and place of sampling and methods of analysis, and shall clarify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

(8) A baseline monitoring report containing historical data may only be used upon approval by the city. (Ref. 40 CFR 403.12(b)(5).)

(G) Certification. A statement reviewed by an authorized representative of the industrial user and certified to be a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.

(H) Compliance Schedule. If additional pretreatment and/or O and M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 514.01, 1993

(A) A schedule of events to achieve compliance is required. It shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standards (i.e., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). No increments shall exceed nine months.

(B) Not later than fourteen days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the city including, at a minimum, whether or not it complied with the increment of progress to be met on such date, and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the city. (Ref. 40 CFR 403.12(c).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 514.02, 1993

(A) Within ninety days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards and requirements shall submit to the city a report, with the same requirements as for the baseline monitoring report, indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the industrial user which are limited by such pretreatment standards and requirements.

(B) The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the industrial user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user who is a certified, qualified professional. (Ref. 40 CFR 403.12(b) and (d).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 514.03, 1993

Any industrial user

subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or in the case of a new source, after commencement of the discharge into the POTW, shall submit to the city during the months of June and December, unless required more frequently in the pretreatment standard or by the city or the CRWQCB, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported, except that the city may require consideration of such factors as local high or low flow rates, holidays, budget cycles, etc. The city may agree to alter the months during which the above reports are to be submitted. (Ref. 40 CFR 403.12(e).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 514.04, 1993

The industrial user shall notify the city

immediately of any slug loading, as defined in Section 14.08.010 of this division, by the industrial user. (Ref. 40 CFR 403.12(f).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 514.05, 1993

(A) Whenever sampling performed by an industrial user indicates a violation, the user shall notify the city within twenty-four hours of becoming aware of the violation. Repeat sampling and analysis by the user shall be performed and results submitted to the city within thirty days of becoming aware of the violation. (Ref. 40 CFR 403.12(g)(2).)

(B) The city determines the frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. Sampling for all significant industrial users for periodic reports must be performed during the period covered by the report. (Ref. 40 CFR 403.12(g)(3).)

(C) Any industrial user subject to a categorical pretreatment standard that monitors any pollutant more frequently than required by the city, shall include the results of this monitoring in the periodic reports. (Ref. 40 CFR 403.12(g)(5).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 514.06, 1993

All significant

noncategorical industrial users are required to sample their effluent at least once every six months (on dates specified by the city) and submit the results to the city. Sampling and analysis shall be performed in accordance with 40 CFR Part 136 and amendments thereto or other approved sampling or analytical techniques as determined by the administrator. All or parts of this report will not be required if the city elects to perform the sampling and analysis. (Ref. 40 CFR 403.12(h).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 514.07, 1993

(A) An annual pretreatment report will be submitted to the approval authority summarizing the activities and effectiveness of the city's pretreatment program. The goals of the local pretreatment program are to regulate discharges from the industrial users (IUs) into the sewers.

(B) The annual pretreatment report will include, at a minimum, the following: an updated list of industrial users; a summary of the status of industrial user compliance over the reporting period; a summary of compliance and enforcement activities (including inspections and samplings) conducted by the POTW during the reporting period; and any other relevant information requested by the approval authority. (Ref. 40 CFR 403.12(i).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 514.08, 1993

All industrial users are

required to notify the city in advance of any waste discharge changes, including hazardous wastes. (Ref. 40 CFR 403.12(j).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 514.09, 1993

required reports shall include the certification statement as set forth at the end of this chapter, and shall be signed by an authorized representative of the industrial user. An authorized representative may be:

(A) A responsible corporate officer (president, vice-president, or secretary-treasurer) in charge of a principal business function, etc.

(B) A general partner or proprietor (if the industrial user submitting the reports is partnership or sole proprietorship).

(C) A duly authorized representative of the individual in 40 CFR 403.12(l)(1), if:

(1) The authorization is made in writing;

(2) The authorization specifies either an individual or position having responsibility for the overall operation of the facility or environmental matters for the company;

(3) The written authorization is submitted to the control authority.

(D) A reauthorized individual that satisfies the requirements in this section. (Ref. 40 CFR 403.12(1).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 514.10, 1993

The reports

required in 40 CFR 403.12 are subject to the provisions of 18 U.S.C. 1001 relating to fraud and false statements and the provisions of Section 309(c)(2) of the Act governing false statements, representations or certifications in reports required under the Act. (Ref. 40 CFR 403.12(n).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 514.11, 1993

(A) Any industrial user, subject to reporting requirements established in 40 CFR 403.12, shall maintain records of all information resulting from any monitoring activities required in the Code of Federal Regulations, this title, and waste discharge permit. Such records shall include for all samples:

(1) The date, exact place, method, and time of sampling and the name(s) if the person(s) taking the samples;

(2) The dates analyses were performed;

(3) Who performed the analyses;

(4) The analytical method and detection limit used;

(5) The results of such analyses;

(6) Chain of custody, when required.

(B) Any industrial user subject to the reporting requirements established in this section shall be required to retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required in the Code of Federal Regulations, this title, or waste discharge permit) and shall make such records available for inspection and copying by the city manager or his designee, regional administrator and POTW.

(C) This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user. This period of retention can be extended at the request of the state or the EPA. (Ref. 40 CtR 403.12(o).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 514.12, 1993

All industrial users are required to

notify the EPA, the state and the city within one hundred eighty days of the domestic sewage study (DDS) regulations effective date (or within one hundred eighty days for sources commencing discharge after the effective date of the regulations) of discharges of listed and characteristic hazardous wastes, the constituents of these wastes, and anticipated discharges of such wastes. Additionally, notification is not necessary if pollutants are already reported in periodic self-monitoring reports. (Ref. 40 CFR 403.12(p).)

Ord. 98-07 § 2, 1998

Ord. 93-01 § 514.13, 1993

A request for variances from categorical pretreatment standards for fundamentally

different factors must be made in accordance with the criteria set forth in 40 CFR 403.13(a—m).

Ord. 98-07 § 2, 1998

Ord. 93-01 § 515.00, 1993

(A) EPA Authorities. In accordance with 40 CFR 403.14(a) and 403.14(b), any information submitted to Environmental Protection Agency, the state or to the city, may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions, or, in the case of other submissions, by stamping the words "Confidential Business Information" on each page containing such information. If no claim is made at the time of submission, EPA, the state or the city may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in 40 CFR Part 2 (Public Information). (Ref. 40 CFR 403.14(a).)

(B) Effluent Data. Information and data provided to the control authority or city which is effluent data shall be available to the public without restriction. (Ref. 40 CFR 403.14(b).)

(C) State or City.

(1) All other information which is submitted to the state or city shall be available to the public at least to the extent provided by 40 CFR 2.302. (Ref. 40 CFR 403.14(c).)

(2) The city shall not be liable for damages to any permit applicant or user for any disclosure of any secret furnished to the city.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 516.00, 1993

Categorical pretreatment standards may be adjusted to reflect the

presence of pollutants in the industrial user's intake water in accordance with the following:

(A) The industrial user must make application to control authority to obtain credit for intake pollutants calculated on a "net" basis.

(B) The industrial user must demonstrate that the control system it proposes or uses to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake waters.

(1) Credit for generic pollutants such as BOD, TSS and oil and grease shall not be granted unless the industrial user demonstrates that the constituents of the generic measure of the intake water and the user's effluent are substantially similar.

(2) Credit shall be granted only to the extent necessary to meet the applicable pretreatment standards, up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with adjusted standard(s) under this section.

(3) Credit shall be granted only if the user demonstrates that the intake of water is drawn from the same body of water as that into which the city discharges or if the user is using reclaimed water supplied by the city. The Napa River is the body of water into which the city discharges.

(C) The applicable categorical pretreatment standards contained in 40 CFR subchapter N specifically provide that they shall be applied on a net basis.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 517.00, 1993

All applications, reports, or

information submitted to the city must contain the following certification statement and be signed as required: Statement of Truthfulness I certify under the penalty of law that document and all attachments were prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of 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. Company Name ____________________ Address _____________________ _____________________ Date:______ _____________________ Authorized Representative

Ord. 98-07 § 2, 1998

Ord. 93-01 § 518.00, 1993