Article VII — INDUSTRIAL SEWER USE

A.

Purpose and Policy. This article sets forth uniform requirements for industrial users of the publicly owned treatment works for the City of Arvin, California, and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code [USC] §§ 1251 et seq.) and the general pretreatment regulations (title 40 of the Code of Federal Regulations [CFR] part 403). The objectives of this article are:

1.

To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;

2.

To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters or otherwise be incompatible with the publicly owned treatment works;

3.

To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

4.

To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works; and

5.

To enable the city to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.

This article shall apply to all users of the publicly owned treatment works. The article authorizes the issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires industrial user reporting;

B.

Administration. Except as otherwise provided herein, the public works director administers, implements and enforces the provisions of this article. Any powers granted to or duties imposed upon public works director may be delegated by the public works director to a duly authorized agent for the city, either an employee or contractor.

C.

Abbreviations. The following abbreviations, when used in this article, shall have the designated meanings:

BOD—Biochemical oxygen demand.

BMP—Best management practice.

BMR—Baseline monitoring report.

CFR—Code of Federal Regulations.

CIU—Categorical industrial user.

COD—Chemical oxygen demand.

EPA—U.S. Environmental Protection Agency.

gpd—gallons per day.

IU—Industrial user.

mg/l—milligrams per liter.

NPDES—National Pollutant Discharge Elimination System.

NSCIU—Non-significant categorical industrial user.

POTW—Publicly owned treatment works.

RCRA—Resource Conservation and Recovery Act.

SIU—Significant industrial user.

SNC—Significant noncompliance.

TSS—Total suspended solids.

U.S.C.—United States Code.

D.

Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.

1.

"Act" or "the Act." The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC §§ 1251 et seq.

2.

"Approval authority." The California Regional Water Quality Control Board, Central Valley Region.

3.

"Authorized representative of the user."

a.

If the user is a corporation:

(i)

The president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(ii)

The manager of one (1) or more manufacturing, production or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

b.

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

c.

If the user is a federal, state or local governmental facility: a director or the highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or a designee.

d.

The individuals described in paragraphs "a." through "c.", above, may designate a duly authorized representative if the authorization is in writing; the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company; and the written authorization is submitted to the city.

4.

"Biochemical oxygen demand" or "BOD." The quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty degrees (20°) centigrade, usually expressed as a concentration (e.g., mg/l).

5.

"Best management practices" or "BMPs." Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in subsections 13.08.101.A.(1) and (2) [40 CFR 403.5(a)(1) & (b)]. BMPs include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BMPs may also include alternative means (i.e., management plans) of complying with, or in place of, certain established categorical Pretreatment Standards and effluent limits.

6.

"Categorical pretreatment standard" or "categorical standard." Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with sections 307(b) and (c) of the Act (33 USC § 1317) that apply to a specific category of users and that appear in 40 CFR chapter I, subchapter N, parts 405-471.

7.

"Categorical industrial user." An industrial user subject to a categorical pretreatment standard or categorical standard.

8.

"City." The City of Arvin, the City Council of Arvin, the person responsible for implementing this ordinance or authorized agent of the city responsible for carrying out the administrative actions required in this article.

9.

"Chemical oxygen demand" or "COD." A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

10.

"Control authority." The City of Arvin.

"Daily maximum." The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

12.

"Daily maximum limit" or "maximum daily limit." The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

13.

"Environmental Protection Agency" or "EPA." The U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, the regional administrator or other duly authorized official of said agency.

14.

"Existing source." Any source of discharge that is not a "new source."

15.

"Grab sample." A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.

16.

"Indirect discharge" or "discharge." The introduction of pollutants into the POTW from any nondomestic source.

17.

"Instantaneous limit." The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

18.

"Interference." A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, and, therefore, is a cause of a violation of the city's wastewater discharge requirements (NPDES permit) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: section 405 of the Act; the Solid Waste Disposal Act, including title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

19.

"Local limit." Specific numerical discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a) (1) and (b).

20.

"Medical waste." Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

21.

"Monthly average." The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

22.

"Monthly average limit." The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

23.

"New source."

a.

Any building, structure, facility or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

(i)

The building, structure, facility or installation is constructed at a site at which no other source is located; or

(ii)

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(iii)

The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantial, independent factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

b.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraph "a." of this section but otherwise alters, replaces or adds to existing process or production equipment.

c.

Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

(i)

Begun, or caused to begin, as part of a continuous onsite construction program:

(1)

Any placement, assembly or installation of facilities or equipment; or

(2)

Significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or

(3)

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute contractual obligations under this paragraph.

24.

"Noncontact cooling water." Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product or finished product.

25.

"Pass through." A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation.

26.

"Person." Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity; or their legal representatives, agents or assigns. This definition includes all Federal, State and local governmental entities.

"pH." A measure of the acidity or alkalinity of a solution, expressed in standard units.

28.

"Pollutant." A general term used to identify a chemical, group of chemicals or characteristic that is present in the water/wastewater. The term may include, but is not limited to: dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).

29.

"Pretreatment." The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

30.

"Pretreatment requirements." Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

31.

"Pretreatment standards, discharge standards" or "standards." Prohibited discharge standards, categorical pretreatment standards and local limits.

32.

"Prohibited discharge standards" or "prohibited discharges." Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 13.08.101.

33.

"Publicly owned treatment works" or "POTW." A treatment works, as defined by section 212 of the Act (33 U.S.C. § 1292), which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.

34.

"Public works director." The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this article, or his/her duly authorized representative.

"Shall" or "may" means shall is mandatory; may is optional.

36.

"Septic tank waste." Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.

37.

"Sewage." Human excrement and gray water (household showers, dishwashing operations, etc.).

38.

"Significant industrial user" or "SIU." Except as provided in paragraphs (c) and (d) of this section, a significant industrial user is:

a.

An industrial user subject to categorical pretreatment standards; or

b.

An industrial user that:

1.

Discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

2.

Contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

3.

Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

39.

"Slug load" or "slug discharge." Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 13.08.101 of this article. A slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause Interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.

40.

"Stormwater." Any flow that occurs during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

41.

"Total suspended solids" or "suspended solids." The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquid, and that is removable by laboratory filtering.

42.

"User/industrial user/discharger." A source of indirect discharge. The person or entity connected to the city sewer or discharging wastewater to the city sewer, or the person or entity holding a wastewater discharge permit.

43.

"Wastewater." Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW.

(44)

"Wastewater treatment plant" or "treatment plant." That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

(Ord. No. 383, 2009).

A.

Prohibited Discharge Standards.

1.

General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater, which causes pass though or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements.

2.

Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances or wastewater:

a.

Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than one hundred forty degrees (140°) Fahrenheit (sixty degrees (60° Celsius) using the test methods specified in 40 CFR 261.21;

b.

Wastewater having a pH less than 5.0 or more than 11.0, or otherwise causing corrosive structural damage to the POTW or equipment;

c.

Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in Interference, but in no case solids greater than one-half inch (½") in any dimension;

d.

Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

e.

Wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees (104°) Fahrenheit (forty degrees (40°) Celsius);

f.

Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin, in amounts that will cause interference or pass through;

g.

Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

h.

Trucked or hauled pollutants, except at discharge points designated by the city;

i.

Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

j.

Wastewater which imparts color that cannot be removed by the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently impart color to the treatment plant's effluent, thereby violating the city's NPDES permit;

k.

No person shall discharge radioactive wastes, except in accordance with the State of California Administrative Code, Title 17, Public Health, Regulations of the Bureau of Radiological Health;

l.

Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted wastewater, unless specifically authorized by the city;

m.

Sludges, screenings or other residues from the pretreatment of industrial wastes;

n.

Medical wastes, except as specifically authorized by the city in a wastewater discharge permit;

o.

Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test;

p.

Detergents, surface-active agents or other substances that might cause excessive foaming in the POTW; or

q.

Wastewater causing two (2) readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than five percent (5%) or any single reading over ten percent (10%) of the lower explosive limit of the meter.

3.

[Storage.] Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

B.

National Categorical Pretreatment Standards. Users must comply with the categorical pretreatment standards found at 40 CFR chapter I, subchapter N, parts 405-471.

1.

Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the city may impose equivalent concentration or mass limits in accordance with the provisions of this section.

2.

When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the city may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.

3.

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the city shall impose an alternate limit in accordance with 40 CFR 403.6(e).

4.

A CIU may obtain a net/gross adjustment to a categorical pretreatment standard in accordance with the following paragraphs of this section:

a.

[Adjustments.] Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water in accordance with this section. Any industrial user wishing to obtain credit for intake pollutants must submit an application to the city. Upon request of the industrial user, the applicable standard will be calculated on a "net" basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of paragraph b.of this section are met.

b.

Criteria. Either:

(i)

The applicable categorical pretreatment standards contained in 40 CFR subchapter N specifically provide that they shall be applied on a net basis; or

(ii)

The industrial user demonstrates 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.

c.

Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS) and oil and grease should not be granted, unless the industrial user demonstrates that the constituents of the generic measure in the user's effluent are substantially similar to the constituents of the generic measure in the intake water, or appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

d.

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

e.

Credit shall be granted only if the user demonstrates that the intake water is drawn from the same body of water as that into which the POTW discharges. The dity may waive this requirement if it finds that no environmental degradation will result.

5.

When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the city convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the city. The city may establish equivalent mass limits only if the industrial user meets all the conditions setforth in this section.

a.

To be eligible for equivalent mass limits, the industrial user must:

(i)

Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;

(ii)

Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;

(iii)

Provide sufficient information to establish the facility's actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

(iv)

Not have daily flow rates, production levels or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and

(v)

Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.

b.

An industrial user subject to equivalent mass limits must:

(i)

Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

(ii)

Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;

(iii)

Continue to record the facility's production rates and notify the City whenever production rates are expected to vary by more than twenty percent (20%) from its baseline production rates. Upon notification of a revised production rate, the city will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

(iv)

Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to this section so long as it discharges under an equivalent mass limit.

c.

When developing equivalent mass limits, the city:

(i)

Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;

(ii)

Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

(iii)

May retain the same equivalent mass limit in subsequent individual wastewater discharger permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment. The Industrial User must also be in compliance with the prohibition of bypass.

d.

Once included in its permit, the industrial user must comply with the equivalent limitations developed in this section in lieu of the promulgated categorical pretreatment standards from which the equivalent limitations were derived.

e.

Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations.

Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

f.

Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the city within two (2) business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the city of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.

C.

State pretreatment standards. users must comply with state pretreatment standards codified in title 23 of the State Water Codes. The state has adopted the federal 40 CFR 403 regulations.

D.

Local Limits.

1.

Heavy Metals and Cyanide. The following pollutant limits are established to protect against pass through and interference. These numerical discharge limitations apply at the point where the wastewater is discharged to the POTW. This discharge point is considered the "end-of-pipe". The city may impose mass limitations in addition to, or in place of, the concentration-based limits. Where a user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply.

No user shall discharge wastewater containing pollutant levels in excess of the following maximum daily limits expressed in milligrams per liter (mg/L):

2.

Five-Day Biochemical Oxygen Demand (BOD). No user shall discharge wastewater containing concentrations of five-day biochemical oxygen demand (BOD) greater than four hundred milligrams per liter (400 mg/LL without first obtaining written authorization to discharge from the city. The city may issue significant industrial users (SIU) a mass-based limit to prevent pass through or interference of the POTW. All mass-based limits will be issued under a wastewater discharge permit as authorized under this article.

3.

Total Suspended Solids (TSS). No user shall discharge wastewater containing concentrations of total suspended solids (TSS) greater than four hundred milligrams per liter (400 mg/L) without first obtaining written authorization to discharge from the city. The city may issue significant industrial users (SIU) a massbased limit to prevent pass through or interference of the POTW. All mass-based limits will be issued under a wastewater discharge permit as authorized under this article.

4.

Ammonia (NH3). No user shall discharge wastewater containing concentrations of ammonia (NH3) greater than fifty milligrams per liter (50 mg/L) without first obtaining written authorization to discharge from the city. The city may issue significant industrial users (SIU) a mass-based limit to prevent pass through or interference of the POTW. All mass-based limits will be issued under a wastewater discharge permit as authorized under this article.

5.

Total Inorganic Nitrogen (TIN). No user shall discharge wastewater containing total inorganic nitrogen (TIN) in quantities that, alone or in conjunction with other pollutants, cause pass through or interference. No user shall discharge wastewater with TIN quantities greater than eighty milligrams per liter (80 mg/L) without meeting one (1) of the following:

a.

Development and implementation of a best management program to minimize the TIN pollutants in the user's discharge; or

b.

Obtain a site-specific discharge limit (concentration-based or mass-based) to prevent pass through or interference of the POTW. TIN limits under this provision shall be issued under a wastewater discharge

permit as authorized under this article. The city may, in addition to, or in place of, TIN limits, establish concentration-based or mass-based limits on specific constituents of the total inorganic nitrogen.

6.

Fat, Oil and Grease (FOG). No user shall discharge wastewater containing concentrations of fat, oil and grease (FOG) greater than two hundred fifty milligrams per liter (250 mg/L) without meeting one (1) of the following:

a.

Compliance with the city's FOG source control program for the management of grease trap/interceptor wastes through best management practices; or

b.

Obtain a site-specific discharge limit (concentration-based or mass-based) to prevent pass through or interference of the POTW. FOG limits under this provision shall be issued under a wastewater discharge permit as authorized under this article.

Fat, oil and grease (FOG) is defined as the n-hexane extractable material (HEM) measured in the EPA method 1664. FOG represents all sources of fat, oil and grease, including those of animal, vegetable, mineral spirit and petroleum origin.

7.

Oil and Grease (O&G). No user shall discharge wastewater containing concentrations of oil and grease (O&G) greater than fifty milligrams per liter (50 mg/L) without meeting one (1) of the following (please note the difference between FOG and O&G as defined in this section):

a.

Development and implementation of a best management program to prevent the introduction of petroleumbased oil and grease in amounts that will cause pass through or interference of the POTW; or

b.

Obtain a site-specific discharge limit (concentration-based or mass-based) to prevent pass through or interference of the POTW. O&G limits under this provision shall be issued under a wastewater discharge permit as authorized under this ordinance.

Oil and grease (O&G) is defined as the material measured in EPA method 1664 following silica gel treatment, n-hexane extractable material. O&G represents only the fat, oil and grease of mineral spirit origin. It does not include fat, oil and grease of animal or vegetable origin, or the light oil of petroleum origin.

8.

Total Dissolved Solids (TDS). No user shall discharge wastewater containing concentrations of total dissolved solids (TDS) greater than one thousand milligrams per liter (1,000 mg/L) without meeting one (1)

of the following:

a.

Development and implementation of a best management program to minimize the TDS pollutants in the user's discharge; or

b.

Obtain a site-specific discharge limit (concentration-based or mass-based) to prevent pass through or interference of the POTW. TDS limits under this provision shall be issued under a wastewater discharge permit as authorized under this article. The city may, in addition to, or in place of, TDS limits, establish concentration-based or mass-based limits on specific constituents of TDS.

E.

Best Management Practices. The city may require users to develop and implement best management practices (BMPs) to comply with the provisions of paragraph D of this section. Best management practices implemented under this section shall become the local limit and enforced as a pretreatment standard.

F.

City's Right of Revision. The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. The city reserves the right to establish discharge limitation on pollutants not listed in the ordinance, if in the opinion of the city the pollutant(s) in question have the potential to have an adverse impact on the POTW.

G.

Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation, unless expressly authorized by an applicable pretreatment standard or requirement. The city may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

(Ord. No. 383, 2009).

A.

Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in Section 13.08.101 within the time limitations specified by the EPA, state or city, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before such facilities are constructed. The review of such plans and operating procedures shall not relieve the user from the

responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this article.

B.

Additional Pretreatment Measures.

1.

When deemed necessary, the city may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams and establish such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this article.

2.

The city may require any person discharging into the POTW to install and maintain, on his/her property and at his/her expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

3.

Grease, oil and sand interceptors shall be provided when, in the opinion of the city, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the city. The users shall comply with the city's FOG source control ordinance (Chapter 13, Article VIII). Interceptors shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired by the User at his/her expense.

4.

Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

C.

Slug Discharge Prevention. The city shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The city may require any user to develop, submit for approval and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the city may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

1.

Description of discharge practices, including nonroutine batch discharges;

2.

Description of stored chemicals;

3.

Procedures for immediately notifying the city of any accidental or slug discharge, as required by Section 13.08.105.H.; and

4.

Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

D.

Hauled Wastewater. Hauled wastes are not normally accepted by the city. Under special circumstances, the city may accept hauled wastes. The waste hauler must obtain prior written permission from the city to discharge hauled wastes and must make the discharge at a site designated by the city. Such waste discharges shall not violate the prohibitions of section 13.08.101 or any other requirements established by the city.

(Ord. No. 383, 2009).

A.

Data Disclosure. When requested by the city, a user must submit information on the nature and characteristics of its wastewater discharges, general business operations and business identification and persons responsible for the operations of the business. The city is authorized to prepare a form for this purpose and may periodically require users to update this information. Users must submit requested data within thirty (30) days of receipt of the request, unless a submittal date is provided with the request.

B.

Wastewater Discharge Permit Requirement.

1.

No significant industrial user (SIU) shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the city, except that a significant industrial user that has filed a timely application for renewal of an existing wastewater discharge permit may continue to discharge for the time period specified therein.

2.

The city may require any user, whether or not the user is classified as a significant industrial user (SIU), to obtain individual wastewater discharge permits as necessary to carry out the purposes of this article.

Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in Sections 13.08.114 through 13.08.121. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.

C.

Wastewater Discharge Permitting—New/Existing Users.

1.

Existing Users. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the city for a wastewater discharge permit in accordance with Section 13.08.103, and shall not cause or allow discharges to the POTW to continue after one hundred eighty (180) days of the effective date of this article except in accordance with a wastewater discharge permit issued by the city.

2.

New Users. Any User required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to beginning or recommencing such discharge. An application for this wastewater discharge permit, in accordance with Section 13.08.103D., must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence.

D.

Permit Application Contents. All users required to obtain a wastewater discharge permit must submit a permit application. The city is authorized to prepare a standardized wastewater discharge permit application form for use by applicants. The city may require users to submit all or some of the following information as part of a permit application:

1.

Identifying Information.

a.

The name and address of the facility, including the name of the operator and owner; and

b.

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

2.

[Permit Applications.] All permit applications must be certified and signed by an authorized representative of the user as specified Section 13.08.108.

Environmental Permits. A list of any environmental control permits held by or for the facility.

4.

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 of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes;

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); and

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.

5.

[Discharges.] Time and duration of discharges.

6.

[Monitoring.] The location for monitoring all wastes covered by the permit.

7.

Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in Section 13.08.101B.3. (40 CFR § 403.6(e)).

8.

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 city, of regulated pollutants in the discharge from each regulated process;

c.

Instantaneous, daily maximum and long-term average concentrations, or mass, where required, must be reported;

d.

The sample must be representative of daily operations and analyzed in accordance with procedures set out in Section 13.08.110. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the city or the applicable standards to determine compliance with the standard;

e.

Sampling shall be performed in accordance with procedures set out in Section 13.08.109.

9.

Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on Section 13.08.105E. [40 CFR § 403.12(e)(2)].

10.

Any other information as may be deemed necessary by the city to evaluate the permit application.

E.

Incomplete Permit Application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. Applications that have not been signed by an authorized representative of the user are considered "incomplete."

F.

Permit Decisions. The city will evaluate the data furnished by the user and may require additional information. Within ninety (90) days of receipt of a complete permit application, the city will determine whether to issue a wastewater discharge permit. The city may deny any application for a wastewater discharge permit.

G.

Permit Duration. A wastewater discharge permit is issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the city. Each wastewater discharge permit will indicate a specific date upon which it will expire. If a user has filed with the city an application to renew an existing permit, the existing permit may continue in full force and effect past the expiration date of the permit, until a new permit has been issued or denied.

H.

Permit Contents. A wastewater discharge permit must include such conditions as are deemed reasonably necessary by the city to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect workers' health and safety, facilitate sludge management and disposal and protect against damage to the POTW.

1.

Minimum Content Requirement. Wastewater discharge permits must contain the following contents:

a.

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

b.

A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with Section 13.08.103K., and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

c.

Effluent limits, including best management practices, based on applicable pretreatment standards;

d.

Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements include, but are not limited to, an identification of pollutants (or best management practices) to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law;

e.

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 13.08.105;

f.

A statement of applicable civil and criminal 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 and local law;

g.

Requirements to control slug discharge, if determined by the city to be necessary; and

h.

Any grant of the monitoring waiver by the city pursuant to Section 13.08.105.

2.

[Conditions.] Wastewater discharge permits may contain, but need not be limited to, the following conditions:

a.

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

b.

Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the POTW.

c.

Requirements for the development and implementation of spill control plans or other special conditions including best management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges;

d.

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

e.

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

f.

Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

g.

A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and

h.

Other conditions as deemed appropriate by the city to ensure compliance with this article, and state and federal laws, rules and regulations.

I.

Permit Appeals. The user may petition the city to reconsider the terms of a wastewater discharge permit or a permit denial within thirty (30) days of notice of its issuance.

1.

Failure to submit a timely petition for review is a waiver of the administrative appeal.

2.

In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

3.

The effectiveness of the wastewater discharge permit is not stayed pending the appeal.

4.

If the city fails to act within thirty (30) days, a request for reconsideration is deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit or not to modify a wastewater discharge permit are considered final administrative actions for purposes of judicial review.

5.

Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the superior court within sixty (60) days.

J.

Permit Modification. The city may modify a wastewater discharge permit for good cause, for the following reasons, without limitation:

1.

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

2.

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

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

4.

Information indicating that the permitted discharge poses a threat to the city's POTW, personnel or the receiving waters;

5.

Violation of any terms or conditions of the wastewater discharge permit;

6.

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

7.

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

8.

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

9.

To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 13.08.103K.

K.

Permit Transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days' advance notice to the city and the city approves the individual wastewater discharge permit transfer. The notice to the city must include a written certification by the new owner or operator which:

1.

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

2.

Identifies the specific date on which the transfer is to occur;

3.

States that the new owner has a complete copy of the existing permit; and

Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

L.

Permit Revocation. The city may revoke a wastewater discharge permit for good cause, for the following reasons, without limitation:

1.

Failure to notify the city of significant changes to the wastewater prior to the changed discharge;

2.

Failure to provide prior notification to the city of changed conditions pursuant to Section 13.08.105F.;

3.

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

4.

Falsifying self-monitoring reports and certification statements;

5.

Tampering with monitoring equipment;

6.

Refusing to allow the city timely access to the facility premises and records;

7.

Failure to meet effluent limitations;

8.

Failure to pay fines;

9.

Failure to pay sewer charges;

10.

Failure to meet compliance schedules;

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

12.

Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

13.

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

Individual wastewater discharge permits are voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a User are void upon the issuance of a new individual wastewater discharge permit to that user.

M.

Permit Renewal. A user with an expiring individual wastewater discharge permit must apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 13.08.103D., a minimum of ninety (90) days prior to the expiration of the user's existing individual wastewater discharge permit.

(Ord. No. 383, 2009).

A.

If another municipality, or user located within another municipality, contributes wastewater to the POTW, the city will enter into an intermunicipal agreement with the contributing municipality.

B.

Prior to entering into an agreement required by paragraph A., above, the city will request the following information from the contributing municipality:

1.

A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

2.

An inventory of all users located within the contributing municipality that are discharging to the POTW; and

3.

Such other information as the city may deem necessary.

C.

An intermunicipal agreement, as required by paragraph A., above, will contain the following conditions:

1.

A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in Section 13.08.101. The requirement must specify that such ordinance and limits be revised as necessary to reflect changes made to the city's ordinance or local limits;

2.

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

3.

A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted 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 municipality to provide the city with access to all information that the contributing municipality obtains as part of its pretreatment activities;

5.

Limits on the nature, quality and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;

6.

Requirements for monitoring the contributing municipality's discharge;

7.

A provision ensuring the city access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling and any other duties deemed necessary by the city; and

8.

A provision specifying remedies available for breach of the terms of the intermunicipal agreement.

(Ord. No. 383, 2009).

A.

User Signatory Requirements.

1.

All reports and applications submitted to the city must be signed by an authorized representative of the user as defined in Section 13.08.100D.3.

2.

All accuracy and contents of all reports and applications must be certified by the authorized representative of the user using the following certification statement:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person(s) 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.

3.

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 satisfying the requirements of this section must be submitted to the city prior to or together with any reports to be signed by an authorized representative.

B.

Baseline Monitoring Reports. Baseline monitoring reports apply exclusively to those industrial dischargers that discharge a wastestream regulated under the national categorical pretreatment standards that have been incorporated into this article by reference.

1.

Existing Sources. 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 city a baseline monitoring report as specified in this section. This requirement is self-implementing and is the responsibility of the user to make this report without prior notification by the city.

2.

New Sources. 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 city a baseline monitoring report as specified in 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.

[Required Information.] Users described above shall submit the information set forth below.

a.

Identifying Information. The name and address of the facility, including the name of the operator and owner.

b.

Environmental Permits. A list of any environmental control permits held by or for the facility.

c.

Description of Operations. 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 of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes. 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;

d.

[Employees; Hours.] Number and type of employees, hours of operation, and proposed or actual hours of operation;

e.

[Raw Materials Information.] Type and amount of raw materials processed (average and maximum per day);

f.

Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in section 2.2C (40 CFR 403.6(e)).

g.

Measurement of Pollutants.

(i)

The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.

(ii)

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 wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) 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 to the control authority;

(iii)

Sampling and analysis shall be performed in accordance with [Section] 13.08.109; and

(iv)

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.

h.

Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule 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 6.2 of this ordinance.

i.

Compliance Certification. A statement, reviewed by the user's authorized representative as defined in [subsection] A. 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.

C.

Compliance Schedule Progress Reports. The following conditions shall apply to any compliance schedule issued in accordance with the provisions of this ordinance.

1.

Compliance schedules shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

2.

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

3.

The user shall submit a progress report to the city no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the

increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

4.

In no event shall more than nine (9) months elapse between such progress reports submitted to the city.

D.

Reports on Compliance with Categorical Pretreatment Standard Deadlines. 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 user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in [Sections] 13.08.103 and 13.08.105D. For users subject to equivalent mass or concentration limits established in accordance with the procedures in [Section] 13.08.101B., this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with [Section] 13.08.108. All sampling will be done in conformance with [Section] 13.08.109.

E.

Periodic Compliance Reports.

1.

Except as specified in this section all significant industrial users must, at a frequency determined by the city submit no less than twice per year (June and December, or on dates specified by the city) 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 a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the city or the pretreatment standard necessary to determine the compliance status of the user.

2.

The city may authorize an industrial user subject to a categorical pretreatment standard to forego 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 403.12(e)(2).] This authorization is subject to the following conditions:

a.

The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an

applicable categorical pretreatment standard and otherwise includes no process wastewater.

b.

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

c.

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 all processes.

d.

The request for a monitoring waiver must be signed in accordance with this section.

e.

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

f.

Any grant of the monitoring waiver by the city must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the city for three (3) years after expiration of the waiver.

g.

Upon approval of the monitoring waiver and revision of the user's permit by the city, the industrial user must certify on each report with the statement in this section that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.

h.

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 user's operations, the user must immediately: Comply with the monitoring requirements of this section, or other more frequent monitoring requirements imposed by the city, and notify the city.

i.

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

3.

All periodic compliance reports must be signed and certified in accordance with subsection A.

4.

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

5.

If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city, using the procedures prescribed in Section 13.08.1010, the results of this monitoring shall be included in the report.

F.

Reports of Changed Conditions. Each user must notify the city of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least ninety (90) days before the change.

1.

The city may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 13.08.103.

2.

The city may issue a wastewater discharge permit or modify an existing wastewater discharge permit under Section 13.08.103J. in response to changed conditions or anticipated changed conditions.

G.

Reports of Potential Problems. Significant industrial users shall verbally notify the city immediately upon identifying a production or pretreatment problem that may result in a violation of the wastewater discharge permit or the city sewer use ordinances.

H.

Slug Discharge/Accidental Spill Reports.

1.

Verbal Notification—Immediate. In the case of any discharge, including, but not limited to, accidental spills that are released to the city sewer, a slug discharge (a discharge of a nonroutine, episodic nature, a noncustomary batch discharge, an unusually high pollutant concentration or mass load), that might cause potential problems for the POTW, the user shall immediately telephone and notify the city 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 User.

Written Followup Report—Within Five (5) Working Days. The user shall follow up the verbal notification with a written followup report, submitted to the city, within five (5) working days of the verbal notification.

3.

Signage. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in paragraph A., above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.

4.

[Notification.] Significant industrial users are required to notify the city immediately of any changes at its facility affecting the potential for a slug discharge.

I.

Unpermitted User Reporting Requirements. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the city upon written request of the city.

J.

Notification of Permit Violation/Retesting/Reporting. If sampling performed by a user indicates a violation, the user must notify the city within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within thirty (30) days after becoming aware of the violation. Retesting by the industrial user is not required if the city performs sampling at the user's facility at least once a month, or if the city performs sampling at the user between the time when the initial sampling was conducted and the time when the 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.

K.

Notification of the Discharge of Hazardous Waste.

1.

Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA regional waste management division director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharge was more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user:

a.

An identification of the hazardous constituents contained in the wastes,

b.

An estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and

c.

An estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months.

All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under paragraph F. The notification requirement in this section does not apply to pollutants already reported by users under a wastewater discharge permit issued under the provisions of this article.

2.

Dischargers are exempt from the requirements of paragraph A., above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the User discharges more than such quantities of any hazardous waste do not require additional notification.

3.

In the case of any new regulations under section 3001 of the Resource Conservation and Recovery Act (RCRA) identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the city, the EPA regional waste management waste division director, and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

4.

In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

5.

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder, or any applicable federal or state law.

(Ord. No. 383, 2009).

Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report by the city shall govern. If the due date falls on a national holiday or a nondelivery day (Sunday), the report shall be due by the close of business the first full working day following the holiday or nondelivery day.

(Ord. No. 383, 2009).

Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, correspondence between the city and the user, and documentation associated with best management practices established under [Section] 13.08.101E. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the city.

(Ord. No. 383, 2009).

A.

Certification of Permit Applications, User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 13.08.103; users submitting baseline monitoring reports [in accordance with] Section 13.08.105B.; users submitting reports in compliance with the categorical pretreatment standard deadlines under Section 13.08.105D.; users submitting periodic compliance reports required by Section 13.08.105E.; and users submitting an initial request to forego sampling of a pollutant on the basis of Section 13.08.105. The following certification statement must be signed by an authorized representative as defined in Section 13.08.100D.

"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.

Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on Section 13.08.105 must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the 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 wastewaters due to the activities at the facility since filing of the last periodic report under section 13.08.105."

(Ord. No. 383, 2009).

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

A.

Except as indicated in [sub]sections B. and C. below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the city. Where time-proportional composite sampling or grab sampling is authorized by the city, 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-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 city, 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 must be obtained using grab collection techniques.

C.

For sampling required in support of baseline monitoring and ninety-day compliance reports required in section 13.08.105 [40 CFR 403.12(b) and (d)], 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 does not exist; for facilities for which historical sampling data is available, the city may authorize a lower minimum. For the reports required by paragraphs section 13.08.105 (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.

(Ord. No. 383, 2009).

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application, compliance monitoring, or reporting shall be performed in accordance with the methods, handling, preservation, and holding times 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 for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the city or other parties and approved by the state.

(Ord. No. 383, 2009).

A.

Right of Entry. The city shall have the right to enter the premises of any user to determine whether the User is complying with all requirements of this article and any individual wastewater discharge permit or order issued hereunder. Users shall allow the city 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.

1.

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

2.

The city shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

3.

The city may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.

4.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the city and shall not be replaced. the costs of clearing such access shall be born by the user.

5.

Unreasonable delays in allowing the city access to the user's premises shall be a violation of this article.

B.

Search Warrants. If the city has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, 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 article 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 superior court.

(Ord. No. 383, 2009).

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the city's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the 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 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. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.

(Ord. No. 383, 2009).

The city shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, 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 all significant industrial users, or any other industrial user that violates paragraphs 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-month period exceed, by any magnitude, a numeric pretreatment standard or requirement, including instaneous limits.

B.

Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits,

multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

C.

Any other violation of a pretreatment standard or requirement as defined by Section 13.08.102 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the city 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 the public or to the environment, or has resulted in the city 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 selfmonitoring reports, and reports on compliance with compliance schedules;

G.

Failure to accurately report noncompliance; or

H.

Any other violation(s), which may include a violation of best management practices, which the city determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. No. 383, 2009).

A.

Notice of Violation. When the city finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the city may serve upon that user a written notice of violation. Within thirty (30) days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the city. submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any

action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

B.

Consent Order. The city may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific actions to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this article and shall be judicially enforceable.

C.

Show Cause Hearing. The city may order a user which has violated or continues to violate any provision of this article, a wastewater discharge permit, or order issued hereunder or any other pretreatment standard or requirement, to appear before the city and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by

registered or certified mail (return receipt requested) at least thirty (30) days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in [subsection] 13.08.100D. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

D.

Compliance Order. When the city finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

E.

Cease and Desist Order. When the city finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the city may issue an order to the user directing it to cease and desist all such violations and directing the user to:

1.

Immediately comply with all requirements; and

2.

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

F.

Administrative Fines.

1.

When the city finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the city may fine such user in an amount not to exceed one thousand dollars ($1,000.00). Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

2.

Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of one percent (1%) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (1%) per month. A lien against the user's property shall be sought for unpaid charges, fines, and penalties.

3.

Users desiring to dispute such fines must file a written request for the city to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the city may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

4.

Issuance of an administrative fine shall not be a bar against or a prerequisite fo, taking any other action against the user.

G.

Emergency Suspension. The city may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The city may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

1.

Any user notified of a suspension of its discharge shall immediately stop or eliminate its discharge. In the event of a user's failure to immediately comply voluntarily with the suspension order, the city may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The city may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings in subsection H. are initiated against the user.

2.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the city prior to the date of any show cause or termination hearing under subsections C. or H.

3.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

H.

Termination of Discharge. In addition to the provisions in section 13.08.103, any user who violates the following conditions is subject to discharge termination:

1.

Violation of wastewater discharge permit terms and/or conditions;

2.

Failure to accurately report the wastewater constituents and characteristics of its discharge;

3.

Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

4.

Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, or sampling; or

5.

Violation of the pretreatment standards in section 13.08.101.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection C. why the proposed action should not be taken. Exercise of this option by the city shall not be a bar to or a prerequisite for taking any other action against the user.

(Ord. No. 383, 2009).

A.

Injunctive Relief. When the city finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the city may petition the superior court through the city's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this article on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against or a prerequisite for taking any other action against a user.

B.

Civil Penalties.

1.

A user who has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of one thousand dollars ($1,000.00) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

2.

The city may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

3.

In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

4.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

C.

Criminal Penalties.

A user who willfully or negligently violates any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) per violation, per day, or imprisonment for not more than five (5) years, or both.

2.

A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least one thousand dollars ($1,000.00) or be subject to imprisonment for not more than five (5) years, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

3.

A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this article, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000.00) per violation, per day, or imprisonment for not more than five (5) years, or both.

4.

In the event of a second conviction, a user shall be punished by a fine of not more than one thousand ($1,000,00) per violation, per day, or imprisonment for not more than five (5) years, or both.

(Ord. No. 383, 2009).

The remedies provided for in this article are not exclusive. The city may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the city may take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user.

(Ord. No. 383, 2009).

A.

Penalties for Late Reports. A penalty of one hundred dollars ($100.00) may be assessed to any user for each day that a report required by this article, a permit or order issued hereunder is late, beginning five (5) days after the date the report is due. Higher penalties may also be assessed where reports are more than thirty (30) to forty-five (45) days late. Actions taken by the city to collect late reporting penalties shall not limit the city authority to initiate other enforcement actions that may include penalties for late reporting violations.

B.

Performance Bonds. The city may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this article, a previous individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the city to be necessary to achieve consistent compliance.

C.

Liability Insurance. The city may decline to issue or reissue a wastewater discharge to any User who has failed to comply with any provision of this ordinance, a previous individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

(Ord. No. 383, 2009).

The city may decline to issue or reissue a wastewater discharge permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this article, a previous individual wastewater discharge permit or order issued hereunder.

(Ord. No. 383, 2009).

Whenever a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply.

(Ord. No. 383, 2009).

A violation of any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the city. Any person(s) creating a public nuisance shall be subject to the provisions of the city code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating or remedying said nuisance.

(Ord. No. 383, 2009).

A.

Upset.

1.

For the purposes of this section, upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.

2.

An upset shall constitutes an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph 3., below, are met.

3.

A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:

a.

An upset occurred and the user can identify the cause(s) of the upset;

b.

The facility was at the time being operated in a prudent and workman-like manner, and in compliance with applicable operation and maintenance procedures; and

c.

The user has submitted the following information to the city within twenty-four (24) hours of becoming aware of the upset; if this information is provided orally, a written submission must be provided within five (5) days:

(i)

A description of the indirect discharge and cause of noncompliance;

(ii)

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

(iii)

Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

4.

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

5.

Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

6.

Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of their treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or failed.

B.

Prohibited Discharge Standards.

1.

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in Section 13.08.101 if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

a.

A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

b.

No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

C.

Bypass.

1.

[Definitions.] For the purposes of this section:

a.

"Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility; and

b.

"Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources

which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

2.

[When Bypass Permitted.] A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs 3. and 4.

3.

Bypass Notifications.

a.

If a user knows in advance of the need for a bypass, it shall submit prior notice to the city, at least ten (10) days before the date of the bypass, if possible.

b.

A user shall submit oral notice to the city of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain:

(i)

A description of the bypass and its cause;

(ii)

The duration of the bypass, including exact dates and times;

(iii)

If the bypass has not been corrected, the anticipated time it is expected to continue; and

(iv)

Steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass.

c.

The city may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.

4.

Bypass.

a.

Bypass is prohibited, and the city may take an enforcement action against a user for a bypass, unless

(i)

Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;

(ii)

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(iii)

The user submitted notices as required under paragraph 3.

b.

The city may approve an anticipated bypass, after considering its adverse effects, if the City determines that it will meet the three (3) conditions listed in paragraphs 4.a.(i) through (iii).

(Ord. No. 383, 2009).

The city may adopt reasonable fees for reimbursement of costs of setting up and operating the city's pretreatment program. These fees relate solely to the matters covered by this ordinance and are separate from all other fees, fines and penalties chargeable by the city. Pretreatment fees may include, but are not limited to:

A.

Fees for wastewater discharge permit applications including the cost of processing such applications;

B.

Fees for monitoring, inspection and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports and certification statements submitted by users;

C.

Fees for reviewing and responding to accidental discharge procedures and construction;

D.

Fees for filing appeals;

E.

Fees to recover administrative and legal costs associated with the enforcement activity taken by the city to address user noncompliance; and

F.

Other fees as the city may deem necessary to carry out the requirements contained herein.

(Ord. No. 383, 2009).

If any provision of this article is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.

(Ord. No. 383, 2009).

This article shall be in full force and effect immediately following its passage, approval and publication, as provided by law.

(Ord. No. 383, 2009).

13.08.125—13.08.149 - (Reserved) ARTICLE VIII. - FAT, OIL AND GREASE SOURCE CONTROL

The City of Arvin finds that, in order to provide for the public health and welfare, and to comply with the laws and regulations of the State of California and the United States Government, it is necessary to set uniform requirements for all users of the city's sanitary sewer system to include, but be not limited to, the following:

A.

To establish the appropriate authority for the city to condition or deny discharges to the city sewer system;

B.

To prevent the introduction of excessive amounts of grease into the city sewer system;

C.

To prevent the clogging or blocking of the city sewer lines due to grease buildup causing backup and flooding of streets, residences and commercial buildings;

D.

To implement procedures to recover the costs incurred in cleaning and maintenance of sewer lines and the disposal of grease blockages;

E.

To implement a procedure to recover costs for any liability incurred by the city for damage caused by grease blockages resulting in the flooding of streets, residences or commercial buildings;

F.

To establish enforcement procedures for violations of any part or requirement of this article; and

G.

To establish authority for the city to carry out routine and nonroutine monitoring (sampling and inspections) of the grease interceptors and/or traps, and food service facilities.

(Ord. No. 381, 2009).

Approved means accepted as satisfactory under the terms of this article and given formal and official sanction by the City.

"City" means the City of Arvin, employees of the City or authorized agents of the city.

"Director" means the director of public works or his/her authorized agent.

"Discharge" means the introduction of waste into the sanitary sewer system.

"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid or semisolid grease interceptor waste, grit interceptor waste and/or sewage into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.

"Existing facility" means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which started before the adoption of this article.

"Food service establishment (FSE)" means any facility that cuts, cooks, bakes, prepares or serves food, or which disposes of food-related wastes.

"Garbage grinder" means a device which shreds or grinds up solid or semisolid waste materials into smaller portions for discharge into the sanitary sewer and POTW.

"Generator" means a facility that causes, creates, generates, stores or otherwise produces waste from onsite process operations, whether domestically or commercially generated, or as a byproduct of some domestic or nondomestic activity. The generator is responsible for assuring that the produced waste is disposed of in accordance with all federal, state and local disposal regulations.

"Grease interceptor/intercepto"r means a watertight receptacle used by commercial or industrial generators of liquid waste to intercept, collect and restrict the passage of grease and food particles into the sanitary sewer to which the receptacle is directly or indirectly connected, and to separate and retain grease and food particles from the wastewater discharged by a facility.

"Grease trap" means a device placed under or in close proximity to sinks or other fixtures likely to discharge grease in an attempt to separate, intercept or hold grease waste to prevent its entry into the sanitary sewer and POTW.

"Grease interceptor waste" means any grease, food particles or organic or inorganic solid or semisolid waste collected and intercepted by a grease interceptor, usually in layers of floatable grease (material floating to the surface), suspended grease and oil (material held in liquid) and settled solids (material settled to the bottom of the interceptor). All three (3) layers are removed from the grease interceptor during cleaning. When properly operated, the floatable layer and the settled layers are held in the interceptor and only removed during cleaning operations. The liquid layer is allowed to discharge from the interceptor to the sewer line.

"Inspection port" means openings, with easily opened covers, designed to allow inspectors quick access to the inlet flow control device, each compartment of the grease interceptor, and the effluent from the interceptor. A monitoring port is an inspection port large enough to allow temporary installation of monitoring devices such as samplers, strip recorders, flow meters or other such measuring and/or monitoring devices.

"Inspector" means the director of community development and/or the director of public works or his/her duly authorized representative who is assigned to investigate compliance and detect violations of this article.

"Living quarters" means a facility, or an area of a facility, where a person or family has a distinct living area, which includes individual kitchen and bath facilities, used solely by that single person or family.

"Manager" means the person, regardless of actual title, immediately on site at a location conducting, supervising, managing or representing the activities of a generator, a transporter or a disposer.

"New facility" means:

A.

Any building, structure, facility or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the adoption of this article, provided that:

1.

The building structure, facility or installation is constructed at a site at which no other source is located; or

2.

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

3.

The production processes or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with

the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered; or

4.

Any remodeling or modification that results in a new facility as determined by the community development department.

B.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation but otherwise alters, replaces or adds to the existing process or production equipment.

C.

Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

1.

Begun, or caused to begin, as part of a continuous on-site construction program any placement, assembly or installation of facilities or equipment; or significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or

2.

Entered into a binding contractual obligation for the purchase of facilities or equipment, which are intended to be used in its operation. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this paragraph.

"Publicly owned treatment works (POTW)" means a treatment works as defined by section 212 of the Federal Water Pollution Control Act (Clean Water Act) as amended, (33 U.S.C. §§ 1292 et seq.), which is owned by the City of Arvin.

"Shall" or "may" means shall is mandatory; may is optional.

"Sewage" means water-carried human wastes or a combination of the water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with such ground, storm and surface waters as may be present.

"Single service kitchen" means a kitchen where no food preparation or cooking occurs, no dishwasher or garbage grinder exists and food is served on disposable tableware only.

"Twenty-five percent rule" means grease interceptors shall be pumped-in-full when the total accumulation of surface FOG (including floating solids) and settled solids reaches twenty-five percent (25%) of the grease interceptor's overall liquid depth.

"Waste" means the liquid and water-carried domestic or industrial wastes from dwellings, commercial establishments, industrial facilities and institutions, whether treated or untreated. The terms "sewage" and "wastewater" are also considered "waste."

(Ord. No. 381, 2009).

A.

It is unlawful for any generator of fat, oil or grease to discharge wastewater into the sanitary sewer that is in violation of this article or of any condition set forth in this article.

B.

It is unlawful to discharge solids, fat, oil or grease in amounts or in concentrations that result in plugging, blocking or restricting the flow of the sanitary sewer system, or otherwise interfering with the proper operation of the city's sanitary sewer system.

C.

It is unlawful to interfere with a grease interceptor or the sanitary sewer, including alteration or removal of any flow constricting devices so as to cause flow to rise above the design capacity of the interceptor.

(Ord. No. 381, 2009).

All food service establishments shall discharge all grease-bearing wastewater through an adequately sized, properly maintained and functioning grease interceptor/trap before the discharge enters the sanitary sewer system.

A.

[New Food Service Establishments.] New food service establishments (FSE) are those establishments that started construction after the effective date of this article.

B.

Existing Food Service Establishments.

1.

[Existing] food service establishments (FSE) are those establishments that were under construction or in operation prior to the effective date of this article.

2.

Existing FSEs are not required to install a grease interceptor or trap, unless one (1) of the following criteria is met:

a.

The FSE is remodeled to add new FOG generating processes and/or equipment;

b.

The FSE is remodeled to expand seating capacity by more than fifty percent (50%).

c.

The FSE has been identified by the city as a significant FOG source that has caused:

(i)

An increase in the sewer collection line maintenance of sewer lines downstream of the FSEs discharge to the City sewer;

(ii)

The FSE has been identified as a sole or contributing cause of a sanitary sewer backup or overflow from the City sanitary sewer system.

C.

Exemption. If, in the opinion of the city, the FSE will not generate sufficient FOG to create a problem in the sewer collection lines, the city may grant an exemption to a food service establishment from the requirements of this section. However, this exemption will automatically be rescinded if the FSE meets the criteria of paragraph B.2. of this part.

(Ord. No. 381, 2009).

A.

Grease traps are prohibited for new food service establishments. (See 13.08.151, defining grease trap.) Existing FSEs with grease traps may continue to use the grease trap, provided the FSE does not meet the criteria specified in 13.08.153B.2.

B.

Grease Trap Specifications.

1.

[Standards.] Grease traps shall conform to the standards in the Plumbing and Drainage Institute Standard #PDI-G101.

2.

[Installation.] Grease traps shall be installed in strict accordance with the manufacturers instructions.

3.

[Cover.] Grease traps shall be equipped with a cover that can be opened for inspection and sampling and a mechanism for a secure closing.

4.

[Capacity.] Grease trap capacity means that the capacity of the grease trap is related to the flow rate as indicated in table 1 of the appendix of the PDI Standards G101 document.

5.

[Rate of Flow.] Flow-through rates are calculated in accordance with the procedures in the PDI-G101. Grease traps shall be equipped with a device to control the rate of flow through the unit. The rate of flow cannot exceed the manufacturers rated capacity recommended in gallons per minute for the unit.

6.

Inspection, Cleaning and Maintenance.

a.

[Responsibility for Payment.] Each FSE is solely responsible for the cost of trap installation, inspection, cleaning and maintenance.

b.

[Cleaning and Maintenance.] Each FSE may contract with a grease trap service company, or it may develop a written protocol and perform its own grease trap cleaning and maintenance procedures.

c.

[Cleaning and Maintenance—When Performed.] Cleaning and maintenance shall be performed when the total volume of captured grease and solid material displaces more than twenty-five percent (25%) of the total volume of the unit. Each food service facility shall determine the frequency at which its grease trap will be cleaned.

d.

[Inspection.] All grease traps shall be opened and inspected a minimum of once per week.

e.

Repairs. The FSE is responsible for the cost and scheduling of all repairs to its grease trap(s).

f.

Recordkeeping. The FSE shall maintain records of the date, time and name/initial of the person performing the cleaning and maintenance of each grease trap in a bound logbook, and shall make this book available for inspection by the city.

(Ord. No. 381, 2009).

A.

[Required.] Grease interceptors are required for all new food service establishments, except for those facilities granted an exception by the city. It is the responsibility of the FSE to ensure that the wastewater discharged from their facility is in compliance with the city's discharge limitations.

B.

[Approval by City Required.] Grease interceptor approval by the city is required, prior to installation of an interceptor. All grease interceptors shall meet the following criteria:

1.

[Compliance with City Building Code.] All grease interceptor installations shall comply with the city building code.

2.

[Conformance with Uniform Plumbing Code.] Grease interceptor design shall conform to the requirements of the Uniform Plumbing Code, appendix H.

3.

[Capacity.] Grease interceptors shall be a minimum of one thousand five hundred (1,500) gallons. Where sufficient capacity cannot be achieved with a single unit, installation of grease interceptors in a series is required. Interceptor capacity calculations shall be approved by the city, prior to the installation of the interceptor(s).

4.

[Compartments Required.] Grease interceptors shall have a minimum of two (2) compartments, and be capable of separation and retention of grease and storage of settled solids.

5.

[Covers.] Grease interceptors shall be equipped with covers that can be opened for inspection, sampling and cleaning.

6.

[Wastewater Prohibited.] Wastewater from toilets and other similar fixtures cannot be introduced into the grease interceptor or trap.

7.

Fixtures Serviced by Interceptor. The following types of equipment or fixtures have been identified as potential sources of FOG and shall be connected to a grease interceptor:

a.

Automatic hood wash units;

b.

Dishwashers;

c.

Floor sinks;

d.

Food prep sink;

e.

Kitchen floor drains;

f.

Mop sinks;

g.

Prerinse and/or prewash sinks or sinks in dishwashing areas;

h.

Self-cleaning ovens;

i.

Two- and three-compartment sinks;

j.

Ventilation/exhaust hoods;

k.

Wok stoves; and

l.

Other fixtures determined to be a source of grease.

8.

Interceptor Location.

a.

Grease interceptors shall be located in the food service facilities' lateral sewer line, between all fixtures which may introduce grease into the sewer system and the connection to the City's wastewater collection system.

b.

A grease interceptor cannot be installed in any part of a building where food is handled.

C.

Grease Interceptor Inspection, Cleaning and Maintenance.

1.

[Responsibility for Installation, Inspection, etc.] The FSE is solely responsible for the cost of grease interceptor installation, inspection, cleaning and maintenance.

2.

Cleaning Grease Interceptors.

a.

Twenty-Five Percent (25%) Rule. Grease interceptors shall be cleaned when the total volume of captured grease and solid material displaces more than twenty-five percent (25%) of the total volume of the grease interceptor. Any food service establishment found to violate this rule may be required to pump more frequently than quarterly.

b.

Cleaning Frequency:

(i)

Unless otherwise approved by the city, grease interceptors shall be pumped-in-full a minimum of every three (3) months; or

(ii)

The FSE shall establish a more frequent cleaning schedule based on the twenty-five percent (25%) rule.

c.

The FSE should hire a grease interceptor service company to clean the installed interceptor. The FSE shall obtain, and maintain on site, written documentation of the work performed by the service company. This may be in the form of a service invoice or pumping/transport manifest provided by the service company. This documentation shall have the name of the service company, the address and phone number of the service company, the location (facility) the grease trap wastes were taken to for disposal, the volume of material removed from the grease interceptor, the date the service was performed and the name and signature of the operator who performed the service.

d.

The entire contents of the grease interceptor shall be removed and the internal surfaces washed down when cleaning the grease interceptor. This may include scraping excessive solids from the walls, floors, baffles and all pipe work.

3.

Variance of Grease Interceptor Cleaning Frequency.

a.

[Conditions for Variance.] A variance to clean the interceptor a lower frequency (greater than once every three (3) months) may be granted, if the accumulated grease cap and sludge pocket measurements remain below twenty-five percent (25%) of the total depth of the grease interceptor's interior floor to the static or working water level, at any point between the influent and effluent pipes/baffles of the grease interceptor. No variance will be granted over ninety (90) days.

b.

[Information; documentation.] A variance to the scheduled maintenance requirements for grease interceptors may be requested of the city, upon submission of sufficient information and documentation. Such documentation shall provide a written explanation for the need to vary from the maintenance schedule requirements of paragraph C.2.b.

c.

{Review by City.] After submission of a request to the city, the city will review all information submitted and will notify the food service establishment in writing of its acceptance or denial of the variance request.

d.

Variance Study. All food service establishments requesting a variance shall agree to submit to a variance study. The city has the right to discontinue the variance study at any time the grease interceptor discharge adversely affects the sanitary sewer collection system or treatment works.

Variance Study Procedure. Once the city approves a variance study, the FSE shall conduct the study as specified below:

1.

To start the variance study, the grease interceptor shall be completely pumped and sufficiently cleaned by a servicing company at the user's expense. A variance study cannot be conducted unless the grease interceptor is properly serviced, as determined by the city.

2.

The FSE shall contact the city seven (7) working days prior to the scheduled interceptor cleaning.

Once the grease interceptor is cleaned properly and refilled with water from the FSE, the city will conduct a visual inspection of the grease interceptor and verify that all components of the trap are in place and in proper working order. If a grease interceptor fails the visual inspection, the FSE shall correct all inadequacies at the owner's expense. The FSE shall notify the city in writing of all corrected measures upon completion.

4.

Two (2) weeks after initial pumping, the city will take a core sample from the grease interceptor to determine grease interceptor performance.

5.

Four (4) weeks after the initial pumping, the city will take a second core sample to evaluate the performance of the grease interceptor.

6.

This process will continue on a biweekly frequency until the accumulated grease layer and solids accumulation reach twenty-five percent (25%) of the total depth of the grease interceptor. Variance studies cannot exceed ninety (90) days.

7.

The city will review all data obtained and submit in writing the results of the variance.

8.

The city is not responsible for any grease discharge, odor or blockage associated during or after the variance study. At no time during the variance study can the grease interceptor be pumped, except by direct approval of the City.

e.

Variance Approval. After reviewing the variance study results, the city will approve or deny a variance and establish an approved pumping frequency.

f.

Variance Revocation. A variance may be revoked by the city, at its discretion, if at any time after a variance is granted the following occurs:

(i)

Grease interceptor discharge adversely affects the sewer collection system or treatment works.

(ii)

Grease and solids accumulation is greater than twenty-five percent (25%) of the total depth from grease interceptor's interior floor to the static or working water level, at any point within the grease interceptor.

(iii)

An FSE significantly increases food service production, increases seating capacity or changes its menu.

(iv)

An FSE causes or contributes to a sanitary sewer blockage or overflow.

4.

Repairs. Repairs should be performed by a licensed plumber. Repairs are considered the repair or replacement of baffles, influent and effluent piping, vents, covers and piping.

(Ord. No. 381, 2009).

A.

[Requirements.] The disposal of all grease interceptor wastes shall comply with federal and state laws and requirements for the disposal of septic wastes.

B.

Mobile Dewatering of Grease Interceptor Wastes. The return of gray water back into the grease interceptor from which the wastes were removed is allowed under the following provisions:

1.

Only gray water generated from the grease interceptor wastes may be returned to the same grease interceptor from which they were removed;

2.

Mobile dewatering equipment designed to dewater grease interceptor wastes may be used to dewater the grease interceptor wastes and generate the gray water that will be returned to the interceptor;

3.

The gray water return rate shall be controlled to allow sufficient time for residual solids and grease to be properly removed by the grease interceptor receiving the gray water.

4.

The mobile dewatering equipment operator shall have prior approval from the city to return gray water to the interceptor.

5.

The mobile dewatering equipment operator shall have prior approval of the FSE to return gray water to the interceptor.

6.

The return or discharge of grease interceptor wastes, other than gray water, or grease interceptor wastes collected from another location, is a misdemeanor and subject to enforcement actions.

7.

The discharge of wastewater and/or sludges from sources other than the grease interceptor receiving the returned gray water is a misdemeanor and subject to enforcement actions.

(Ord. No. 381, 2009).

A.

[Logbook Requied.] FSEs shall maintain a bound and numbered logbook in which a record of all interceptor maintenance is entered, including the date and time of the maintenance, details of any repairs required, dates of repair completion and any other records pertaining to the interceptor. This logbook shall be made available for review upon request by the city. An FSE shall also maintain a file on-site containing the following information:

1.

The (as-built) drawings of the plumbing system;

2.

Records of inspections;

3.

Grease interceptor service receipts;

4.

Log of pumping activities;

5.

Log of maintenance activities;

6.

Hauler information;

7.

Disposal information; and

Monitoring data.

B.

Record Retention. The file shall be available at all times for inspection and review by the city. All grease interceptor maintenance and compliance records and correspondence shall be retained on site by the permitted facility for a minimum of three (3) years.

(Ord. No. 381, 2009).

A.

The city has the right to enter the premises of any FSE to determine whether the FSE is complying with all requirements of this article or order issued hereunder. FSEs shall allow the city 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.

B.

Where an FSE has security measures in force which require proper identification and clearance before entry into its premises, the FSE shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city is permitted to enter without delay to perform its specific responsibilities.

C.

Unreasonable delays in allowing the city access to the FSE's premises is a misdemeanor.

(Ord. No. 381, 2009).

A.

[Sampling and/or Metering.] The city has the right to set up on the FSE's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the FSE's operations.

B.

[Equipment Maintenance.] The city may require the FSE 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 FSE at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.

C.

[Access.] 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 FSE at the written or verbal request of the city and

cannot be replaced. The FSE is responsible for the costs of clearing such access.

D.

Inspection. The city is authorized to inspect all FSEs on a scheduled basis and/or on an unscheduled and unannounced basis. The city may inspect the following, without limitation: All equipment, food processing, storage areas and the processes that produce wastewater discharged from the facility through the grease interceptor/trap. The city may also inspect the interceptor/trap maintenance logbook and files, other pertinent data, the grease interceptor/trap and may check the level of the interceptor contents and/or take samples as necessary.

(Ord. No. 381, 2009).

A.

When a facility with a grease interceptor closes and is subsequently razed or demolished, any grease interceptor or interceptors shall be either:

1.

Physically removed; or

2.

Have all effluent pumped out, a straight line plumbed from the inlet to the outlet, and the remainder of the tank filled with soil or sand.

B.

When a facility with a grease interceptor is remodeled and the grease interceptor will not be used, then the grease interceptor or interceptors may be left in place, however:

1.

The grease interceptor or interceptors or traps shall have all effluent pumped out, the trap cleaned thoroughly and the grease interceptor or interceptors or traps left dry and empty, and

2.

Be plumbed as to bypass the existing grease interceptor(s) or traps, either by straight through or by bypassing methods, while leaving the empty trap in place for possible future use by another business, or

C.

When a facility with a grease interceptor closes and is replaced with a type of business that will not use the grease interceptor(s), that business shall have an existing grease interceptor or interceptors or traps:

1.

Physically removed;

2.

Plumbed as to bypass the existing grease interceptor(s) or traps, either by straight through or by bypassing methods, while leaving the empty trap in place for possible future use by another business; or

3.

Plumbed with a straight line plumbed from the inlet to the outlet, and the remainder of the grease interceptor(s) or traps filled with soil or sand.

D.

In all instances, the owner of the premises shall appropriately inform the city and perform the closure at such a time so as to permit an inspector to be physically present during the removal or filling of the interceptor.

(Ord. No. 381, 2009).

Failure to comply with the provisions of this article is considered a misdemeanor and subject to

enforcement actions under the city code. In addition, to these misdemeanor enforcement actions the city is authorized to take the following actions to achieve compliance with this article.

A.

Mandatory Interceptor/Trap Service. The city may issue an order requiring the FSE to conduct interceptor/trap maintenance services within a mandatory time period. The cost of the services is the direct responsibility of the FSE.

B.

Mandatory Interceptor/Trap Service Schedule. The city may impose a mandatory pumping and cleaning schedule to assure the proper maintenance of an interceptor not properly maintained by the FSE. The cost of the services is the direct responsibility of the FSE. Mandatory service schedules may cover a time period of up to three (3) years.

C.

Cost Recovery. The city may assess the FSE the amount of those expenditures made by the city to clean up or prevent sewer blockages and overflows caused by the discharge from an FSE.

D.

Administrative Fines. The city may assess fines to the FSE, not to exceed one thousand dollars ($1,000.00) per day per violation, for violations of this article.

Unpaid charges, fines and penalties shall, after 60 calendar days, may be assessed an additional penalty of twenty-five percent (25%) of the unpaid balance, and interest accruing thereafter at a rate of one percent (1%) per month. A lien against the FSE's property will be sought for unpaid charges, fines and penalties.

2.

FSEs desiring to dispute such fines shall file a written request to the city for the city to reconsider the fine, along with full payment of the fine amount, within thirty (30) days of being notified of the fine. Where a request has merit, the city may convene a hearing on the matter. In the event the FSE's appeal is successful, the payment, together with any interest accruing thereto, will be returned to the FSE. The city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

3.

Issuance of an administrative fine will not be a bar against, or a prerequisite for, taking any other action against the FSE.

E.

Emergency Suspensions. The city may immediately suspend a discharge or water service, after informal notice to the discharger, whenever such suspension is needed to stop an actual or threatened discharge, which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons.

(Ord. No. 381, 2009).

The city may assess administrative fees to carry out the approvals and inspections mandated under this article. Administrative fees are set under separate resolution of the council.

(Ord. No. 381, 2009).

If any provision of this article is invalidated by any court of competent jurisdiction, the remaining provisions are not effected and continue in full force and effect.

(Ord. No. 381, 2009).

All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this article are hereby repealed to the extent of the inconsistency or conflict.

(Ord. No. 381, 2009).

This article is in full force and effect thirty (30) days following its passage, approval and publication, as provided by law.

(Ord. No. 381, 2009).