Arcadia Municipal Code Part 3 Industrial Waste Discharge Permits

A person shall not maintain a deposit of industrial waste, or discharge or deposit or cause or suffer to be discharged or deposited, except as otherwise provided in this Chapter, any industrial waste or effluent in or upon any incorporated area of the City, the public sewer system, or into streams or bodies of surface or subsurface water, or storm drains, or flood control channels, where the same is deposited upon or may be carried through or upon any incorporated area of the City without first securing, in the manner provided in this Part, a permit from the Director to do so, and at all times having a valid permit therefore, unless otherwise exempted by the provisions of this Part. A separate permit shall be required for each connection discharging industrial wastes to the public sewer system.

• MAINTENANCE OF EXISTING, UNUSED FACILITY FOR INDUSTRIAL WASTE DEPOSIT, DISCHARGE, OR STORAGE.

A person shall obtain a permit from the Director to maintain an existing but unused facility designed or formerly used for the deposit, discharge or storage of industrial wastes. The annual inspection fee for such permit shall be the same as that for Inspection Fee Class A.

Whenever facilities for the discharge of industrial waste connect to structures, or encroach on the property or rights-of-way owned or controlled by a public agency, the Director may either:

(a) Require that the applicant obtain a property-use permit, license, easement or other right to use such properties prior to the issuance of a permit to dispose of industrial waste; or

(b) Issue such permit subject to the execution of a property-use permit, license, easement or other right to use such properties.

No permit shall be required for the disposal of waste which consists only of domestic wastewater into septic tanks, cesspools or seepage pits constructed pursuant to the provisions of the City Plumbing Code. No permit shall be required for discharges resulting from garbage grinders powered by motors of one horsepower or less.

Any person requiring a permit under the provisions of this Part shall make written application therefore to the Director, giving such information as the Director may require. The Director may require from the applicant, in addition to the information furnished on the printed form, any additional information including detailed plans and specifications which will enable the Director to determine that the proposed discharge or deposit and plan of operation complies with the provisions of this Chapter and other applicable laws and ordinances.

(a) The Director shall provide printed application forms for the permit required by this Part, indicating thereon the information to be furnished by the applicant. In conjunction therewith, the applicant may be required to furnish the following:

(1) The name and address of the applicant;

(2) The name and address of the discharger;

(3) The address or location of the premises where the discharge will take place;

(4) The Standard Industrial Classification (SIC) of the discharger;

(5) Information with respect to constituents and characteristics of wastewater proposed to be discharged, including but not limited to those referred to in this Chapter. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended, and by laboratories certified by the State of California. In the absence of a State certification process, the Director may certify a laboratory to perform necessary sampling and analysis;

(6) Time and duration of the proposed discharge or discharges;

(7) Average daily and five-minute peak wastewater flow rates, including daily, monthly and seasonal variation, if any;

(8) Each byproduct waste of the discharges by type, amount and rate of production;

(9) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, storm drains, connections and appurtenances by their size, location and elevation;

(10) Description of activities, facilities and plant processes on the applicant's premises, including all pollutants which could be discharged;

(11) Detailed plans showing pretreatment facilities, sampling facilities, uncontrolled discharge containment facilities and operating procedures;

(12) Identification of the nature and concentration of any pollutant located at the premises of the discharger (and/or applicant if different) if that pollutant is prohibited from discharge under this Chapter, or any proposed discharge which is regulated by any applicable local limit, plus a statement specifying whether the specific limitations set forth in such local limits are being met, and, if not, what operation and maintenance (O&M) or pretreatment is proposed by the discharger to cause compliance;

(13) The shortest time scheduled by which the discharger shall provide the necessary additional pretreatment or O&M, if additional pretreatment or O&M will be required to meet the regulations in this Chapter. Any completion date in such a proposed schedule shall not be later than the compliance date established by the applicable regulations. The schedule shall provide for reporting increments in progress in the form of dates for commencement and completion of major events leading to the construction and operation of additional pretreatment necessary for the discharger to meet the applicable regulation (e.g., hiring an engineer, completing preliminary and final plans, executing contract for major components, commencing construction, completing construction);

(14) Each product of the discharger by type, amount and rate of production;

(15) Type and amount of raw materials processed by the discharger (average and maximum per day);

(16) Number of employees, hours of operation of plant and hours of operation of the proposed pretreatment system;

(17) Copies of any current NPDES permit, South Coast Air Quality Management District permit, Regional Water Quality Control Board permit, Fire Department business plan, Health Department license and State Department of Health Services permit for the subject premises;

(18) The name, business address and motor vehicle driver's license number of the authorized representative;

(19) Any other information deemed by the Director to be necessary to evaluate the permit application. The application shall be signed under penalty of perjury by the authorized representative of the discharger.

(b) The Director may require that an application for a permit to dispose of industrial waste shall be accompanied by suitable plans showing the proposed method of collection, treatment and disposal, and a permit will not be issued until such plans or required modification thereof have been checked and approved by the Director.

(c) The Director may submit the application or plans, or both, to any department of the City or any other public agency for comment or recommendation.

(d) For the purpose of this Section, the Director may utilize a joint permit application form under agreement established with the County Sanitation Districts of Los Angeles County.

An application for an industrial waste disposal permit for which no permit is issued within one hundred and eighty (180) days following the date of application submittal shall expire by limitation. The application and other information submitted may thereafter be returned to the applicant or destroyed. The Director may extend the time for action by the applicant for a period not to exceed one hundred eighty (180) days upon written request by the applicant showing that circumstances directly related to the processing of the application but beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall resubmit all necessary application forms and other data and pay a new application fee and plan review fee. No application shall be extended more than once.

If it appears from the application and supporting information submitted for any permit required by this Part that the proposed disposal, discharge, or storage of industrial waste complies with the provisions of this Chapter and all other applicable laws and ordinances, the Director, upon receipt of the fees hereinafter required, shall issue a permit to the applicant if all the following conditions have been satisfied:

(a) Sufficient capacity exists in the public sewer system to accommodate the proposed discharge of industrial waste;

(b) All fees or deposits required by this Chapter have been paid;

(c) Recommendations and conditions of City departments or other public agencies, as contained in their reports, if any, have been met. The Director may waive this provision except as to the requirements of required by the County Health Officer;

(d) The material to be discharged or deposited does not or will not, in the opinion of the County Health Officer, constitute a potential public nuisance or menace to the public health and safety, and will not violate other provisions of the Health and Safety Code of the State of California or of the Act;

(e) The material to be discharged or deposited does not or will not involve disposal of any toxic materials or chemicals in such manner as to cause pollution of any stream, watercourse, lake or other body of water, or underground or surface water storage reservoir, either natural or artificial;

(f) The material to be discharged or deposited does not or will not damage or adversely affect the public sewer system, or any storm drain, channel, or public or private property;

(g) Under existing circumstances and conditions it is necessary and reasonable so to dispose of such waste matter.

(a) The Director may issue a permit containing limitations or conditions, or both, or may modify an existing permit by the addition of or elimination of such conditions and limitations as may be necessary to accomplish the purposes of this Chapter.

(b) Permits for the discharge of industrial wastes to the public sewer system shall state the maximum permissible rate of discharge.

(c) The Director may impose a permit expiration date not to exceed a term of five (5) years where the Director determines such a date is necessary to ensure compliance with all applicable laws and regulations governing the disposal of industrial wastes. Application for renewal of such a permit shall be made no later than one hundred and eighty (180) days prior to the expiration date of the existing permit.

(a) The Director shall either grant or deny a permit within thirty (30) days after all fees, as provided in this Chapter, have been paid and upon the receipt of the application complete with all supplemental data.

(b) The Director shall immediately notify the applicant whenever he grants a permit, denies a permit, grants a permit subject to special conditions or limitations, or adds to or eliminates any conditions or limitations of an existing permit.

Within thirty (30) days after receipt of notice of denial of a permit, granting of a permit subject to conditions or limitations, or the addition of conditions or limitations to an existing permit, the applicant or permittee may file with the City Council a written demand for a public hearing. If he does not do so, he shall be deemed to have consented to the action of the Director, and such action shall be final.

Within thirty (30) days after an applicant has requested a public hearing pursuant to this Part, the City Clerk shall give notice of the time and place of the public hearing to the applicant, the Director, and the County Health Officer when matters pertaining to public health are involved, at least ten (10) days in advance of the date set for such hearing.

After a public hearing under this Part, at which the applicant is entitled to present evidence, the City Council may take one of the following actions:

(a) Confirm the action of the Director in denying a permit or issuance of a permit subject to special conditions and limitations;

(b) Instruct the Director to issue a permit without conditions or limitations, or with such special conditions and limitations as the Council may designate.

A person who is required to, but does not have a permit and who has been notified by the Director that he is required to obtain a permit pursuant to the provisions of this Chapter shall immediately submit to the Director an application and fee as required by this Chapter for such permit, and shall rectify and cure all such violations. Failure to do so shall constitute a wilful violation of this Chapter.

Every person having a permit issued pursuant to this Chapter shall within five (5) days notify the Director in writing of any change in any facts which are required to be stated in an application for a permit.

A permittee shall submit to the Director an application for a revised industrial waste disposal permit and obtain approval prior to effecting any of the following waste discharge conditions:

(a) Change in method of disposal;

(b) Change in disposal point for nonsewered discharge;

(c) Change in discharge volume affecting treatment or storage facilities; or

(d) Change in character of the wastewater discharge.

The successor in title or interest of a premises for which a permit has been previously granted, shall file with the Director a new permit application, in accordance with the provisions of this Chapter, within thirty (30) days after assumption of such title or interest, and shall furnish plans and data as may be required by the Director. If it appears from the application and data that the succeeding operation and disposal practices comply with the provisions of this Chapter, the Director, upon receipt of the fees hereinafter required, shall issue a permit.

Upon receipt of an application for a permit for an ongoing discharge, an interim permit may be issued by the Director to allow the continuation of such discharge during the application review period, subject to conditions to be imposed by the Director, where the Director determines that the continuation of such discharge does not appear to be detrimental to the public health and safety.

Permits issued under this Chapter are not transferable from one location to another, and discharge of wastes shall be made strictly in accordance with all provisions contained in the permit, at the location specifically designated therein.

Any permittee required by the Director, by permit or otherwise, to engage in periodic monitoring or sampling of a discharge shall notify the Director by telephone at least forty-eight (48) hours in advance of any monitoring or sampling to be done. Prior to the commencement of any sampling or monitoring, the Director may request that the permittee furnish the Director a split sample and all supporting data. Each permittee shall submit to the Director, certified under penalty of perjury by the permittee, its monitoring and sampling reports or other requested data.

(a) A person owning or operating premises containing industrial waste treatment or disposal facilities operated under a valid permit issued under the provisions of this Chapter may file a written request with the Director to cancel such permit upon termination of operations. Upon receipt of such a request, the Director shall investigate and cancel the permit if he determines that:

(1) All industrial-waste producing operations have ceased;

(2) Any industrial waste treatment facilities have been rendered inoperable to prevent further use;

(3) All permits to abandon or disconnect, as may be required by the Plumbing Code, have been obtained;

(4) Any industrial wastes remaining on the premises have been removed to a legal point of disposal;

(5) All fees required by this Chapter due up to the date of request for cancellation have been paid.

(b) Should the Director deny a request for a permit cancellation, the owner or operator of any facilities required by the permit shall maintain these facilities in good operating condition and pay all fees required by this Chapter to maintain a valid permit.