Arcata Municipal Code Art. 7 Industrial Pretreatment of Wastewater

Industrial users shall provide necessary wastewater treatment as required to comply with this Chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in this Chapter within the time limitations specified by the EPA, State or City, whichever is more stringent. Any facilities required to pretreat wastewater shall be provided, operated, and maintained at the industrial user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Director of Environmental Services for review and shall be acceptable to the Director of Environmental Services before construction of the facility. The review of such plans and operating procedures will not relieve the industrial user from the responsibility of modifying the facility as necessary to produce a wastewater discharge that is in compliance with all applicable City laws, regulations and policies. (Ord. 1461, eff. 9/18/2015)

A. The Director of Environmental Services, in his/her discretion, may require industrial 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 wastewater streams from industrial waste streams, and may impose such other conditions as may be necessary to protect the POTW and determine the industrial user’s compliance with the requirements of this Chapter.

B. Each industrial user discharging into the POTW greater than ten thousand (10,000) gpd shall install and maintain, on his/her property and at his/her expense, a suitable storage and flow control facility to ensure the equalization of flow over a twenty-four (24) hour period. The facility shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the Director of Environmental Services. A wastewater discharge permit may be issued solely for flow equalization.

C. All industrial users shall install grease and/or oil and sand/grit interceptors as determined necessary by the Director of Environmental Services for the proper handling of wastewater containing excessive amounts of grease, oil, sand or grit. Interceptors shall be approved by the City, and shall be located to be easily accessible for cleaning and inspection. Interceptors shall generally be of the type and capacity specified by the plumbing code standards in effect within the City of Arcata; however, the City may require larger interceptors than specified by the plumbing code if reasonably necessary to protect the POTW from pass-through or interference. Interceptors shall be inspected, cleaned, and repaired regularly as needed by the owner at his/her expense, in accordance with BMPs set forth in applicable permits. Interceptors may not be cleaned or maintained by chemical additives including, but not limited to, solvents, enzymes, detergents and bacteria in lieu of or in addition to manual cleaning techniques.

D. Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (Ord. 1461, eff. 9/18/2015)

The Director of Environmental Services may require any industrial user to develop, submit for review, and implement a plan or take such other action as may be necessary to control accidental slug discharges. The plan shall provide, at a minimum, the following:

A. A description of discharge practices, including nonroutine batch discharges;

B. A description of stored chemicals;

C. Procedures for immediately notifying the City of any accidental or slug discharge, as required by Section 7472.6;

D. Procedures to prevent adverse impact from any accidental or slug discharge, including, but not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. (Ord. 1461, eff. 9/18/2015)

A. Holding tank waste may be accepted into the POTW at a City-designated receiving location at such times established by the City, provided such waste does not violate this Chapter or any other requirements established by the City. The City may require either or both the hauler and/or generator of industrial holding tank waste to obtain a wastewater discharge permit or other City permit if applicable. The City may prohibit the disposal of all holding tank waste if such disposal would interfere with the POTW. The discharge of holding tank waste is subject to all other requirements of this Chapter. (Ord. 1461, eff. 9/18/2015)

When requested by the Director of Environmental Services, industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge or within the time frame given by the Director of Environmental Services. The Director is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this Chapter. (Ord. 1461, eff. 9/18/2015)

A. No significant industrial user may discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Director of Environmental Services.

B. The Director of Environmental Services may require other industrial users, including waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this Chapter.

C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or pretreatment requirements or with any other requirements of federal, state and local law. (Ord. 1461, eff. 9/18/2015)

Any significant industrial user required to obtain a wastewater discharge permit that proposes to begin or recommence discharging into the POTW must obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit must be filed in accordance with this Chapter at least ninety (90) days prior to the date upon which any discharge will begin or recommence. (Ord. 1461, eff. 9/18/2015)

A. In the event another municipality, local district or other local governmental agency, or industrial user located within the jurisdiction of another public agency, contributes wastewater to the POTW, the City may require such local government or industrial user to apply for and obtain a wastewater discharge permit. The permit application shall include such information as may be required by the Director of Environmental Services, including but not limited to a description of the quality and volume of the wastewater at the point it would enter the POTW and an inventory of all industrial users discharging to the local public agency.

B. As an alternative to the permit requirement in subsection (A) of this Section, the City may, in its discretion, enter into an agreement with the neighboring jurisdiction in which the industrial user is located to provide for the implementation and enforcement of pretreatment standards and/or pretreatment requirements against the industrial user.

C. An agreement with a neighboring jurisdiction authorizing the discharge into the POTW of wastewater from outside the City’s jurisdiction shall contain the following conditions:

1. A requirement for the contributing jurisdiction to adopt a sewer use ordinance which is at least as stringent as this Chapter and local limits. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to this Chapter or the City’s local limits;

2. A requirement for the contributing jurisdiction to submit a revised user inventory on at least an annual basis;

3. A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality, which of these activities will be conducted by the City, and which of these activities will be conducted jointly by the contributing municipality and the City;

4. A requirement for the contributing jurisdiction to provide the City with access to all information that the contributing jurisdiction obtains as part of its pretreatment activities;

5. Limits on the nature, quality, and volume of the contributing jurisdiction’s wastewater at the point where it discharges to the POTW;

6. Requirements for monitoring the contributing jurisdiction’s discharge;

7. A provision ensuring the City access to the facilities of industrial users located within the contributing jurisdiction’s boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the City; and

8. A provision specifying remedies available for breach of the terms of the inter-agency agreement. (Ord. 1461, eff. 9/18/2015)

A. All industrial users required to obtain a wastewater discharge permit shall submit a permit application containing the following information as determined relevant by the Director of Environmental Services:

1. Identifying information.

a. The name and address of the facility, including the name(s) of the operator and owner.

b. Contact information, description of activities, facilities, and plant production processes on the premises;

2. Environmental permits. A list of environmental control permits held by or for the facility;

3. Description of operations.

a. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and Standard Industrial Classifications (SIC) of the operation(s) carried out by such industrial user, based on the 1972 edition of the SIC Manual prepared by the Executive Office of Management and Budget. This description shall include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes;

b. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

c. Number and type of employees, hours of operation, and proposed or actual hours of operation;

d. Type and amount of raw materials processed (average and maximum per day);

e. 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;

4. Time and duration of discharge(s);

5. The location for monitoring all wastes covered by the permit;

6. Flow measurement. Information showing the measured average daily and maximum daily flow, in gpd, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in Section 7461;

7. Measurement of pollutants.

a. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

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 Environmental Services, of regulated pollutants in the discharge from each regulated process.

c. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

d. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in this Chapter. Where the Standard requires compliance with a BMP or pollution prevention alternative, the industrial user shall submit documentation as required by the Director of Environmental Services or the applicable standards to determine compliance with the standard.

e. Sampling must be performed in accordance with procedures set out in Section 7472.10;

8. Any request for a monitoring waiver (or renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on Section 7472.4(B);

9. Any other information as may be deemed necessary by the Director of Environmental Services to evaluate the permit application.

B. Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision. (Ord. 1461, eff. 9/18/2015)

A. All wastewater discharge permit applications, industrial user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in Section 7472.13.

B. If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization must be submitted to the City prior to or together with any reports to be signed by an authorized representative.

C. A facility determined to be a nonsignificant categorical industrial user must annually submit the signed certification statements in Section 7472.13. (Ord. 1461, eff. 9/18/2015)

The Director of Environmental Services will evaluate the data furnished by the industrial user and may require additional information. Within sixty (60) days of receipt of a completed wastewater discharge permit application, the Director will determine whether to issue a wastewater discharge permit. If no determination is made within this time period, the application will be deemed denied. The Director may deny any application for a wastewater discharge permit. (Ord. 1461, eff. 9/18/2015)

Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director of Environmental Services. Each wastewater discharge permit will indicate a specific date upon which it will expire. (Ord. 1461, eff. 9/18/2015)

A. Wastewater discharge permits shall include such conditions as are determined reasonably necessary by the Director of Environmental Services 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.

B. Wastewater discharge permits shall contain the following conditions:

1. A statement that indicates the wastewater discharge permit issuance date, effective date, and expiration date;

2. A statement that the wastewater discharge permit is nontransferrable without prior notification to and approval from the Director of Environmental Services, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

3. Effluent limits, including BMPs, based on applicable pretreatment standards and requirements;

4. Self-monitoring, sampling, reporting, notification, and record keeping requirements, including identification of pollutants (or BMP) to be monitored, sampling location, sampling frequency, and sample type based on federal, state and local law;

5. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 7472.4(B);

6. Statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law;

7. Requirements to control slug discharges, if determined by the Director of Environmental Services to be necessary;

8. Any grant of the monitoring waiver by the Director of Environmental Services pursuant to Section 7472.4(B).

C. The Director of Environmental Services may include additional conditions in wastewater discharge permits as necessary, including but not limited to the following:

1. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.

2. 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 POTW.

3. Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges.

4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.

5. The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTW.

6. Requirements for installation, maintenance, and inspection of sampling facilities and equipment.

7. Requirements to submit chain of custody documents with required monitoring data.

8. 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.

9. Other conditions as deemed appropriate to ensure compliance with this Chapter, and local, state and federal laws, rules, and regulations. (Ord. 1461, eff. 9/18/2015)

Any aggrieved person, including the industrial user, may petition the City Manager to reconsider the terms of the wastewater discharge permit within ten (10) business days of its issuance. The City Manager shall issue findings and a decision on whether to modify the terms of the wastewater discharge permit within ten (10) business days after receiving the request. Failure to submit a timely petition to reconsider shall be deemed a waiver of the administrative appeal and shall preclude the filing of a petition for review to the City Manager. The effectiveness of the permit shall not be stayed pending reconsideration by the City Manager. The decision of the City Manager shall be final City action. (Ord. 1461, eff. 9/18/2015)

The Director of Environmental Services may modify any wastewater discharge permit for good cause including, but not limited to, the following:

A. To incorporate any new or revised federal, state or local pretreatment standards or requirements;

B. To address significant alterations or additions to the industrial user’s operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

C. To address a change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

D. To address information indicating that the permitted discharge poses a threat to the City’s POTW, personnel, or the receiving waters;

E. For a violation of any terms or conditions of the wastewater discharge permit;

F. For misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

G. For revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

H. To correct typographical or other errors in the wastewater discharge permit; or

I. To reflect a transfer of the facility ownership and/or operation to a new owner/operator. (Ord. 1461, eff. 9/18/2015)

A. Wastewater discharge permits may be transferred to a new owner and/or operator only if the permittee gives at least ninety (90) days advance notice to the Director of Environmental Services and the Director approves the wastewater discharge permit transfer. The notice to the Director shall include a written certification by the new owner and/or operator in accordance with Section 7472.13, and shall:

1. State that the new owner and/or operator have no immediate intent to change the facility’s operations and processes;

2. Identify the specific date on which the transfer is to occur; and

3. Acknowledge full responsibility for complying with the existing wastewater discharge permit.

B. Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable on the date of facility transfer. (Ord. 1461, eff. 9/18/2015)

A. The Director of Environmental Services may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

1. Failure to notify the Director of significant changes to the wastewater prior to the change in discharge;

2. Failure to provide prior notification to the Director of changed or unscheduled conditions as required by this Chapter;

3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

4. Falsification of self-monitoring reports;

5. Tampering with monitoring equipment;

6. Refusing to allow the Director timely access to the facility premises and records;

7. Failure to meet effluent limitations;

8. Failure to pay fines;

9. Failure to pay sewer service charges;

10. Failure to meet compliance schedules;

11. Failure to complete a wastewater survey or the wastewater discharge permit application;

12. Failure to provide advance notice of the transfer of a permitted facility; or

13. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or the ordinance.

B. Wastewater discharge permits shall be voidable upon nonuse or cessation of operations or upon transfer of business ownership, unless the wastewater discharge permit is transferred pursuant to Section 7471.12. All wastewater discharge permits issued to an industrial user are voided upon the issuance of a new wastewater discharge permit to that industrial user. (Ord. 1461, eff. 9/18/2015)

A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with Section 7471.5 a minimum of ninety (90) days prior to the expiration of the industrial user’s existing wastewater discharge permit. (Ord. 1461, eff. 9/18/2015)

A. Within either one hundred eighty (180) 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 industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Director of Environmental Services a report which contains the information listed in subsection (B) of this Section. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director of Environmental Services a report which contains the information listed in subsection (B) of this Section. 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.

B. Industrial users described above shall submit the information set forth below.

1. All information required in Sections 7471.5(A)(1)(a), 7471.5(A)(2), 7471.5(A)(3)(a), 7471.5(A)(6), and 7471.5(A)(7)(a) through (d).

2. Measurement of Pollutants.

a. The industrial user shall provide the information required in Section 7471.5(A)(7)(a) through (d).

b. The industrial user shall take a minimum of one (1) representative sample to compile that data necessary to comply with the requirements of this subsection.

c. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewater is mixed with the regulated wastewater prior to pretreatment, the industrial user shall measure the flows and concentrations necessary to allow use of the combined wastestream formula in Section 7461 to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted.

d. Sampling and analysis shall be performed in accordance with Section 7472.10.

e. The Director of Environmental Services may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

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

3. Compliance Certification. A statement, reviewed by the industrial user’s authorized representative and certified by a qualified professional, indicating whether pretreatment standards are 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.

4. Compliance Schedule. If additional pretreatment and/or O&M is required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M shall be provided. 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 Section 7472.2.

5. Where the industrial user’s categorical pretreatment standard has been modified by the combined wastestream formula pursuant to Section 7461, the information contained in the baseline monitoring report shall pertain to the modified limits at the time the industrial user submits certification statement and compliance schedule.

6. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 7472.13 and signed by an authorized representative. (Ord. 1461, eff. 9/18/2015)

The following conditions shall apply to the compliance schedule required by Section 7472.1(B)(4):

A. 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 industrial 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);

B. No increment referred to above shall exceed nine (9) months;

C. The industrial user shall submit a progress report to the Director of Environmental Services 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 industrial user to return to the established schedule; and

D. In no event shall more than nine (9) months elapse between such progress reports to the Director of Environmental Services. (Ord. 1461, eff. 9/18/2015)

Within ninety (90) 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 such pretreatment standards and requirements shall submit to the Director of Environmental Services a report containing the information described in Sections 7471.5(A)(6) and 7471.5(A)(7) and 7472.1(B)(2). For industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 7472.13. All sampling will be done in conformance with Section 7472.10. (Ord. 1461, eff. 9/18/2015)

A. General. Except as specified in subsection (C) of this Section, all significant industrial users must submit, at a frequency determined by the Director of Environmental Services and no less than twice per year, reports indicating the nature, 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. In cases where the pretreatment standard requires compliance with BMPs or a pollution prevention alternative, the industrial user must submit documentation required by the Director of Environmental Services or the pretreatment standard necessary to determine the compliance status of the industrial user.

B. Reduced Monitoring Waiver. The Director of Environmental Services may authorize an industrial user subject to a categorical pretreatment standard to forgo sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user (see 40 CFR 303.12(e)(2)). This authorization is subject to the following conditions:

1. The waiver may be authorized where a pollutant is determined to be present solely due to wastewater discharged from the facility provided that the wastewater is not regulated by a categorical standard and otherwise includes no process wastewater.

2. The monitoring waiver is valid only for the duration of the effective period of the wastewater discharge permit, but in no case longer than five (5) years. The industrial user shall submit a new request for the waiver before the waiver can be granted for each subsequent wastewater discharge permit.

3. In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one (1) sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from that process.

4. The request for a monitoring waiver must be signed and certified in accordance with Section 7472.13.

5. Nondetectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR 136 with the lowest minimum detection level for that pollutant is used in the analysis.

6. Any grant of a monitoring waiver by the Director of Environmental Services must be included as a condition of the industrial user’s wastewater discharge permit.

7. Upon approval of a monitoring waiver and revision of the industrial user’s wastewater discharge permit by the Director of Environmental Services, the industrial user must certify each report with the statement required in subsection (C) of this Section that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.

8. In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the industrial user’s operations, the industrial user must immediately comply with the monitoring requirements of subsection (A) of this Section, or other more frequent monitoring requirements imposed by the Director of Environmental Services, and notify the Director of Environmental Services.

9. This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

C. Reduced Reporting. The City may reduce the requirement for periodic compliance reports required under subsection (A) of this Section to require a report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the EPA or the State, where the industrial user’s total categorical wastewater flow does not exceed any of the following:

1. Two hundred thirty (230) gpd, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches.

2. Thirty-one-one-hundredths (0.31) lbs/day BOD.

3. One-one-hundredth of one percent (0.01%) of the maximum allowable headworks loading for any pollutant regulated by the applicable pretreatment standard for which an approved local limit has been adopted.

4. Reduced reporting is not available to industrial users that have in the last two (2) years been in significant noncompliance.

5. Reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Director of Environmental Services, decreasing the reporting requirement would result in data that are not representative of conditions occurring during the reporting period.

D. All periodic compliance reports must be signed and certified in accordance with Section 7472.13.

E. Reports required in subsection (A) of this Section shall contain the results of sampling and analysis of the discharge, including flow and the nature and concentration, or where requested by the Director of Environmental Services production and mass of pollutants contained therein which are limited by the applicable pretreatment standards.

F. All wastewater samples must be representative of the industrial user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.

G. If an industrial user subject to the reporting requirement in this Section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director of Environmental Services using the procedures prescribed in Section 7472.10, the results of this monitoring shall be included in the report.

H. Industrial users must obtain approval from the Director of Environmental Services to submit electronic (digital) documents to the City in satisfaction of the requirements of this Chapter. Electronic submittals shall meet all requirements of the City. (Ord. 1461, eff. 9/18/2015)

A. Industrial users must notify the Director of Environmental Services of any significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater, or changes which may affect its potential for a slug discharge at least ninety (90) days before the change.

B. The Director of Environmental Services may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application pursuant to Section 7471.5.

C. The Director of Environmental Services may issue a wastewater discharge permit pursuant to Section 7471.2 or modify an existing wastewater discharge permit pursuant to Section 7471.11 in response to changed conditions or anticipated changed conditions.

D. An industrial user subject to reduced monitoring requirements pursuant to Section 7472.4(B) shall immediately notify the Director of Environmental Services when conditions in Section 7472.4(B)(8) occur.

E. An industrial user subject to reduced reporting requirements pursuant to Section 7472.4(C) shall immediately notify the Director of Environmental Services of any changes at its facility causing it to no longer meet the conditions for reduced reporting. Upon notification, the industrial user must immediately begin complying with the minimum reporting requirements in Section 7472.4(A).

F. The Director of Environmental Services 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 NPDES permit. (Ord. 1461, eff. 9/18/2015; Ord. 1565, eff. 1/19/2024)

A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW or violate any provision of this Chapter, the industrial user shall immediately, and in no more than five (5) days after such event, notify the Director of Environmental Services of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.

B. Within fifteen (15) days following such discharge, the industrial user shall, unless waived in writing by the Director of Environmental Services, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which might 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 industrial user of any fines, penalties, or other liability which may be imposed pursuant to this Chapter.

C. A notice shall be permanently posted on the industrial user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (A) of this Section. Employers shall ensure that all employees who could cause or identify such a discharge are advised of the emergency notification procedure.

D. Significant industrial users are required to notify the Director of Environmental Services immediately of any changes at its facility affecting the potential for a slug discharge. (Ord. 1461, eff. 9/18/2015)

Industrial users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director of Environmental Services as the Director may require to protect the POTW. (Ord. 1461, eff. 9/18/2015)

If sampling performed by an industrial user indicates a violation, the industrial user shall notify the Director of Environmental Services within twenty-four (24) hours of becoming aware of the violation. The industrial user shall repeat the sampling and analysis and submit the results of the repeat analysis to the Director of Environmental Services within thirty (30) days after becoming aware of the violation. Resampling by the industrial user is not required if the City performs sampling at the industrial user’s facility at least once a month, or if the City performs sampling at the industrial user between the time when the initial sampling was conducted and the time when the industrial user or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the industrial user. If the City performed the sampling and analysis in lieu of the industrial user, the City will perform the repeat sampling and analysis unless it notifies the industrial user of the violation and requires the industrial user to perform the repeat sampling and analysis. (Ord. 1461, eff. 9/18/2015)

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 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Director of Environmental Services or other parties approved by EPA. (Ord. 1461, eff. 9/18/2015)

Information submitted to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report and be based on data that is representative of conditions occurring during the reporting period.

A. Except as indicated in subsections (B) and (C) of this Section, the industrial user must collect wastewater samples using twenty-four (24) hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director of Environmental Services. Where time-proportional composite sampling or grab sampling is authorized, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (24) hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Director of Environmental Services, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds shall be obtained using grab collection techniques.

C. For sampling required in support of baseline monitoring and ninety (90) day compliance reports, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Director of Environmental Services may authorize a lower minimum. For periodic compliance reports, the industrial user shall collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements. (Ord. 1461, eff. 9/18/2015)

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed postage prepaid in a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. Any report required by this Chapter, permit or order issued hereunder received late shall subject the user to a penalty assessment of ten percent (10%) for each day, beginning five (5) days after the date the report is due. Actions taken by the City to collect late reporting penalties shall not limit the City’s authority to initiate other enforcement actions that may include penalties for late reporting violations. (Ord. 1461, eff. 9/18/2015)

Industrial 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, any additional records of information obtained pursuant to monitoring activities undertaken by the industrial user independent of such requirements, and documentation associated with BMPs. 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 industrial user or the City, or where the industrial user has been specifically notified of a longer retention period by the Director of Environmental Services. (Ord. 1461, eff. 9/18/2015)

A. All industrial users submitting permit applications, baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, reports on compliance schedule progress and periodic compliance reports must submit said document with the following certification statement signed by an authorized representative:

"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 that qualified personnel properly gather and evaluate 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."

B. A facility determined to be a nonsignificant categorical industrial user by the Director of Environmental Services shall annually submit the following certification statement signed by an authorized representative. This certification statement must accompany an alternative report required by the Director of Environmental Services:

"Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 CFR [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief that during the period from [month day, year] to [month day, year]:

(a) The facility described as [facility name] met the definition of a Non-significant Categorical Industrial User;

(b) The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical Wastewater on any given day during this reporting period.

This compliance certification is based on the following information:

_________________________________________________________________________________________________________________________________________________________"

C. Industrial users that have an approved monitoring waiver based on Section 7472.4(B) shall certify each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the industrial user:

"Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list Pollutant(s)] in the Wastewater due to the activities at the facility since filing of the last period report under Section 7472.4(B)."

(Ord. 1461, eff. 9/18/2015)

The Director of Environmental Services shall have the right to enter the premises of an industrial user to determine whether the industrial user is complying with all requirements of this Chapter and any wastewater discharge permit or order issued hereunder. Industrial users shall allow the Director of Environmental Services 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.

A. Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director of Environmental Services shall be permitted to enter without delay for the purposes of performing specific responsibilities.

B. The Director of Environmental Services shall have the right to set up on the industrial user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the industrial user’s operations. Monitoring facilities shall be constructed and maintained in such a manner so as to enable the Director of Environmental Services to perform independent monitoring activities.

C. The Director of Environmental Services may require the industrial 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 industrial user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated; at frequency specified by the manufacturer or the Director of Environmental Services, whichever is more frequent; to ensure their accuracy.

D. 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 industrial user at the written or verbal request of the Director of Environmental Services and shall not be replaced. The cost of clearing such access shall be borne by the industrial user.

E. Unreasonable delays in allowing the Director of Environmental Services access to the industrial user’s premises shall be a violation of this Chapter. (Ord. 1461, eff. 9/18/2015)

If the City has been refused access to a building, structure, or property, on 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, the City may seek issuance of a search warrant from the Court. (Ord. 1461, eff. 9/18/2015)

Information and data about industrial users obtained from reports, surveys, wastewater discharge permits and applications, monitoring programs, and from the City’s inspection and sampling activities, shall be available to the public without restriction, unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes, or methods 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 industrial 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 NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report as permitted by applicable State law. Wastewater constituents and characteristics and other effluent data shall not be recognized as confidential information and shall be available to the public without restriction. (Ord. 1461, eff. 9/18/2015)

The Director of Environmental Service shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the City, a list of the industrial users who at any time during the previous twelve (12) months were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall be applicable to any significant industrial user that violates subsections (A) through (H) of this Section or any industrial user that violates subsection (C), (D) or (H) of this Section and shall mean:

A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;

B. Technical review criteria (TRC) violations, defined herein as those in which thirty-three percent (33%) or more of wastewater measurements taken for the same pollutant parameter during a six (6) month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, FOG, and TRC = 1.2 for all other pollutants except pH);

C. Any other violation of a pretreatment standard or requirement as defined in this Chapter, including but not limited to the daily maximum, long-term average, instantaneous limit, or narrative standard, that the Director of Environmental Services determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;

D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment, or has resulted in the Director of Environmental Services’ exercise of its emergency authority to halt or prevent such a discharge;

E. 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;

F. Failure to provide within forty-five (45) 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;

G. Failure to accurately report noncompliance; or

H. Any other violation(s), including without limitation a violation of BMPs, that the Director of Environmental Services determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 1461, eff. 9/18/2015)