Atwater Municipal Code Ch. 13.08 Sewer Service

The purpose of this chapter is to provide for the maximum possible beneficial public use of the City's sewage collection and treatment facilities through adequate regulation of sewer construction, sewer use and industrial wastewater discharges; to provide for equitable distribution of the cost associated with such facilities; and to provide procedures for complying with requirements placed upon the City by other regulatory agencies.

(Prior Code § 5-5.101; Ord. CS 389, § 1, 1979)

This chapter shall be interpreted in accordance with the following definitions which will apply to the issuance of permits, the making of charges for service, and all other operations of this chapter unless another meaning for the word is apparent from the context:

A. "Biochemical oxygen demand (BOD)" means the measure of decomposable organic material in domestic or industrial wastewater as represented by the oxygen utilized over a period of five days at 20 degrees Centigrade.

B. "Chemical oxygen demand (COD)" means the measure of chemically decomposable material in domestic or industrial wastewater as represented by the oxygen utilized as determined by the appropriate test procedure.

C. "Chlorine demand" means the difference between the amount of chlorine added to the wastewater sample and the amount remaining at the end of a 30-minute period.

D. "City health department" means the County Health Department acting through their authorized representatives.

E. "Director of Public Works" means the Director of Public Works/City Engineer of the City or his duly authorized agent.

F. "Dissolved solids" or "dissolved matter" means the solid matter in solution in the wastewater which shall be obtained by evaporation of the sample from which all suspended matter has been removed by filtration as determined by the appropriate test procedures.

G. "Domestic wastewater" means the water-carried wastes produced from noncommercial or nonindustrial activities and which result from normal human living processes.

H. "Effluent" means the liquid outflow of any facility designed to treat, convey or retain wastewater.

I. "Gravity separation interceptor" means any facility designed, constructed and operated for the purpose of removing and retaining dangerous, deleterious, or prohibited constituents from wastewater by differential gravity, separation before discharge to the public sewer.

J. "House connection" or "building connection" means the sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying domestic wastewater.

K. "Industrial connection sewer" means the sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying industrial wastewater.

L. "Industrial wastewater" means all water-carried wastes and wastewater of the community excluding domestic wastewater and uncontaminated water and includes wastewater from any producing, manufacturing, institutional, commercial, agricultural or any other operation where wastewater discharge includes significant quantities of waste of nonhuman organ.

M. "Inspector" means a person authorized by the Director of Public Works to inspect wastewater generation, conveyance, processing, and disposal facilities on private or public property.

N. "Municipal code" means the Atwater Municipal Code.

O. "Peak flow rate" means the average rate at which wastewater is discharged to a public sewer during the highest 30-minute flow period in the preceding 12 months.

P. "Public corporation" means the state and any political subdivision thereof, any incorporated municipality therein, any public agency of the state or any political subdivision thereof or any corporate municipal instrumentality of the state.

Q. "Public sewer" means any sewer dedicated to public use and whose use is controlled by a public corporation.

R. "Radioactive material" means material containing chemical elements that spontaneously change from their atomic structure by emitting any particles, rays or energy forms.

S. "Section" means a section of this chapter.

T. "Sewage pumping plant" means any facility designed and constructed to raise wastewater in elevation or overcome head losses due to pipeline friction.

U. "Sewerage" means any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater.

V. "Sewerage system" means a network of wastewater collection and conveyance facilities and treatment and disposal facilities owned by the City.

W. "Shall" is mandatory and "may" is permissive.

X. "Solid wastes" means the nonliquid-carried wastes normally considered to be suitable for disposal with refuse at sanitary landfill refuse disposal sites.

Y. "Standard methods" means the current edition of the Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association.

Z. "Suspended solids" or "suspended matter" means the insoluble solid matter suspended in wastewater that is separable by laboratory filtration in accordance with the procedures described in "standard methods" (subsection Y. of this section).

AA. "Trunk sewer" or "main line sewer" means a sewer constructed, maintained and operated by the City (sewers in excess of eight inches in diameter) which convey wastewater to the City owned treatment facilities and into which lateral and collecting sewers discharge.

BB. "Uncontaminated water" means any wasted water of the community not contaminated or polluted with wastewater and which is suitable or could readily be made suitable for discharge to the municipal stormwater drainage system.

CC. "User" means discharger.

DD. "Wastewater" means the water-carried waste of the community derived from human or industrial sources, including domestic wastewater and industrial wastewater. Rainwater, groundwater or drainage of uncontaminated water is not wastewater.

(Prior Code § 5-5.201; Ord. CS 389, § 1, 1979)

The provisions of this chapter shall apply to the direct or indirect discharge of all liquid-carried wastes to facilities of the City and the jointly owned treatment and disposal facilities. This chapter, among other things, provides for the regulation of sewer construction in areas within the City; the quantity and quality of discharge waste; degree of waste retrievement required; the setting of waste discharge fees to provide for equitable distribution of costs; development of plans for sewer construction; the issuance of permits for industrial wastewater discharge and of other miscellaneous permits; and establishment of penalties for violation of this chapter.

(Prior Code § 5-5.102; Ord. CS 389, § 1, 1979)

The City Council hereby finds that the highest and best use of the City's sewerage collection and treatment system is the conveyance, treatment and disposal of domestic and industrial wastewater. The use of the City's sewerage system for industrial wastewater discharger is subject to regulation by the Municipal Code. The City is committed to a policy of wastewater renovation and reuse to the greatest extent possible and to reduce overall costs of wastewater treatment and disposal. The renovation of wastewater through treatment processes may necessitate more stringent quality requirements on industrial wastewater dischargers than those required by other regulatory governmental agencies.

(Prior Code § 5-5.103; Ord. CS 389, § 1, 1979)

A. To comply with stated policies of the state and federal government and to permit the City's treatment plant facilities to meet standards of effluent quality and to continue to meet such standards in the future, provisions are made in this chapter for the regulation of industrial wastewater discharges.

B. This chapter establishes quantity and quality limitations on industrial wastewater discharges which may adversely affect the City's sewerage system or effluent quality. Methods of cost recovery from industrial wastewater discharges are also established where the discharges impose inequitable collection, treatment, or disposal costs on the City.

C. Recovery and reuse procedures established by industrial wastewater dischargers to meet the limitation in their discharges will be preferred by the City over those procedures designed solely to meet wastewater discharge limitations. Methods providing for beneficial reuse of otherwise wasted resources shall be the approved method of industrial wastewater treatment whenever feasible.

(Prior Code § 5-5.103; Ord. CS 389, § 1, 1979)

A. The rates, fees and charges imposed by this chapter, as originally enacted or modified by subsequent amendments, may be collected by civil suit, by adding such charges to the water rates established by the City or by causing the same to be collected on the tax roll, in the manner provided in Article 4, of Chapter 6 of Part 3 of Division 5 (§ 5470 et seq.) of the California Health and Safety Code.

B. Where such charges are collected together with the water rates and charges, water service may be discontinued for failure to pay any of the charges imposed by this chapter.

(Prior Code § 5-5.104; Ord. CS 389, § 1, 1979)

Except as otherwise provided in this chapter, the director of public works shall administer and implement the provisions of this chapter. Any powers granted to or duties imposed upon the director of public works may be delegated to his authorized representative.

(Prior Code § 5-5.201; Ord. CS 389, § 1, 1979)

A. The director of public works shall notify any person found to be in violation of this chapter or of any limitation or requirement of a permit issued under this chapter.

B. Unless otherwise provided therein, any notice required to be given by the director of public works under this chapter shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the director of public works. Where the address in unknown, the notice may be mailed, or served upon the owner of record, at the address shown on the last equalized property tax roll.

C. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service.

D. Within ten days after the date notice is given, the director of public works shall refer the matter to the City Council together with a report setting forth the particulars and all evidence which is available pertaining to the matter. The City Council, within 30 days of receipt of such notice of violations, shall consider the matter for possible action under Sections 13.08.590 and 13.08.600, or Section 13.08.390, or may take such other action as the Council may deem appropriate.

(Prior Code § 5-5.204; Ord. CS 389, § 1, 1979)

Any time limit provided in any provision of this chapter may be extended only by the City Council. Any time limit provided in any written notice of the director of public works and not other wise determined by this chapter or the City Council may be extended by written notice of the director of public works.

(Prior Code § 5-5.205; Ord. CS 389, § 1, 1979)

A. Inspection of every facility within the City that is involved directly or indirectly with the discharge of wastewater to the City's sewerage system and treatment and disposal systems may be made by the director of public works as he deems necessary. These facilities shall include, but not be limited to, sewers, sewage pumping plants, all industrial processes, industrial wastewater generation, conveyance and pretreatment facilities, devices, and connection to sewers and all similar sewage facilities. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the provisions of this title.

B. Access to all of the above facilities or to other facilities or to other facilities directly or indirectly connected to the City's sewerage systems shall be given to the director of public works or his authorized representative at all reasonable times, including those occasioned by emergency conditions. Any permanent or temporary obstruction to easy access to the sewerage facility to be inspected shall promptly be removed by the facility user or the owner at the written or verbal request of the director of public works and shall not be replaced.

(Prior Code § 5-5.206; Ord. CS 389, § 1, 1979)

The Director of Public Works shall cause to be kept a permanent and accurate account of all fees and charges received under the provisions of this chapter, giving the names and addresses of the persons on whose account the fees and charges were paid, the date and amount thereof, and the purpose for which charges were paid.

(Prior Code § 5-5.207; Ord. CS 389, § 1, 1979)

Unless otherwise provided in this chapter, whenever the fees and charges required by this chapter are based on estimated values or estimated quantities, the director of public works shall make such determinations in accordance with established practices.

(Prior Code § 5-5.208; Ord. CS 389, § 1, 1979)

A. The director of public works shall approve plans for sewerage construction, issue a permit for industrial wastewater discharge when the permit issuance has been approved by the City Council or any other permit under this chapter, only if it appears to the director that the sewerage construction, sewer connection, industrial wastewater discharge or other procedure conforms to the requirements of this chapter.

B. If requested to do so, the director of public works will issue an inspection certificate indicating satisfactory completion of required work or compliance of procedures with this chapter.

C. All required fees and charges shall be paid before approval of plans or issuance of a permit or an inspection certificate.

D. The approval of plans or the issuance of a permit shall not relieve the discharger of any duty imposed upon him pursuant to this chapter.

(Prior Code § 5-5.209; Ord. CS 389, § 1, 1979)

A. No person other than City maintenance personnel, persons contracting to do work for the City or persons possessing a valid sewer connection construction permit issued by the City shall construct or cause to be constructed or altered any public sewer, industrial connection sewer, sewage pumping plant, pollution control plant or other sewering facility within the City and under the City's jurisdiction which is or will be discharging wastewater flows directly or indirectly to City facilities without first obtaining approval of sewerage construction plans from the director of public works.

B. No person shall construct a sewer house connection or sewer connection between commercial or industrial or multiple sewer or main line sewer without first obtaining from the director of public works a permit for the construction of such connection, the payment of all fees required by this chapter and other sections of the municipal code, and obtaining from the director of public works the necessary permit for excavation within public rights-of-way and the payment of all fees and deposits required in connection with the replacement of public improvements required to be disturbed by construction of said sewer connection.

C. The applicant shall submit to the director of public works for approval, construction plans and such specifications and other details as required to describe fully the proposed sewerage facility. The plans shall have been prepared under the supervision of and shall be signed by an engineer of suitable training, registered in the state. Plans for sewerage construction shall not be approved by the director of public works for any facility which will convey industrial wastewater through the City's sewerage system unless the discharger has first obtained a City permit for industrial wastewater discharge. Plans for sewerage construction shall meet all design standards of the City. Approval of plans for sewerage construction and permits for connection to City sewerage system are not transferable from one person to another person or from one location to another location.

D. Every house and building required to be connected to the public sewer shall be separately and independently connected with the public sewer; provided, however, where two or more buildings are on the same parcel belonging to one owner and if the parcel cannot legally be subdivided, the buildings may be connected to the public sewer by a common house or building connection. Separate owners of adjacent parcels shall not be permitted to join in the use of the same house connection or other building connection, except in a planned unit development wherein responsibilities for maintenance and continuation of such sewer connections are provided for by written agreement of the respective owners of such property and sewer connection which specifically absolves the City of any responsibility for maintenance thereof.

(Prior Code § 5-5.301; Ord. CS 389, § 1, 1979)

In all buildings in which any house connection or building lateral is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building lateral may be lifted by artificial means and discharged to the public sewer. Construction and maintenance of such facility shall be the responsibility of the property owner served thereby, and no such lifting facility shall be constructed within the public rights-of-way.

(Prior Code § 5-5.301; Ord. CS 389, § 1, 1979)

A. All portions of house connections and building connections between the connection to the building sewer system and the City lateral sewer, collecting sewer or mainline sewer shall be maintained by the owner of the house or building except as otherwise provided in Chapters 2.28, 12.08 and 12.32, and policy resolutions of the City Council adopted pursuant thereto.

B. Whenever any house connection or building connection is broken such that earth and other materials which may tend to cause stoppage of the public sewer and result in damage to, or increased operation costs of, the City's wastewater treatment plant, the director of public works shall, if the owner, agent, or occupant of such premises fails to repair the same after five days' notice to do so, cause such house connection or building connection to be removed, reconstructed, replaced, or altered as he may deem expedient at the expense of the owner, agent or occupant of these premises and the cost thereof shall be assessed against the house or building so drained, and this amount shall constitute a lien upon the house or building or premises so drained, and the assessment shall be collected and the lien enforced by suit in the name of City in any court of competent jurisdiction.

C. Whenever any house connection or building connection is broken such that earth and other materials which may tend to cause stoppage of the house connections and building connections between the connection to the building sewer system and/or the City collecting sewer and such stoppage is not repaired within two days of the property owner being notified of such stoppage by the Director of Public Works or his designee, the Director may cause the deficiency to be abated and cause the cost of such abatement to be made a lien upon the affected property, which lien may be foreclosed in court or collected together with the regular property taxes on said property.

D. If the County Health Department orders a property vacated because of health risks posed by a defective sewer, the Director of Public Works shall give the owner or resident of the property 24 hours notice to correct the deficiency. If the same has not been abated within such 24-hour period, the Director may cause the deficiency to be abated and cause the cost of such abatement to be made a lien upon the affected property, which lien may be foreclosed in court or collected together with the regular taxes on said property.

E. Within 14 days after receiving notice of such lien and the right to appeal therefrom, the owner may file a written appeal with the City Clerk. The Clerk shall then set the matter for hearing before the City Council whereat the owner will have the right to appeal any determination made under this section.

(Prior Code § 5-5.301; Ord. CS 389, § 1, 1979; Ord. CS 758, 11-24-1997)

Whenever any person makes application to the director of public works for permit to connect each dwelling unit, school, government, commercial or industrial building with the City sewer system, the director of public works shall make an estimate of the cost of all materials and labor required for the making of the connection and extending the same to the property line of the property for which the connection is to be made closest to the connection, which estimate shall include cost of labor and material for opening and replacing any street right-of-way disturbed thereby. Concurrently with the making of application, the applicant for the permit shall pay to the City the amount of the estimate. Sewer connection fees shall also be required in amounts and at the time and in the manner prescribed by resolution of the City Council.

(Prior Code § 5-5.301; Ord. CS 389, § 1, 1979)

A. Permission may be granted to any person owning or leasing property outside the corporate limits of the City to connect his property with the City's sewerage system under the terms and conditions provided in this chapter. Plumbing upon the property of the permittee and in all buildings hereafter constructed shall comply with the plumbing code of the City; the construction shall require a permit from the building division of the City and payment of the permit and inspection fee.

B. The building inspector is authorized to enter upon the premises of such permittee for the purpose of inspection. All owners of presently existing bathing, wading or swimming pools with a water capacity of more than two feet in depth must have completed installation and received approval of the installation by the director of public works of a wastewater disposal system for purposes of disposing of wastewater from the pools. The wastewater disposal system must conform to the requirements of Appendix G of the current edition of the Uniform Plumbing Code as adopted by the City.

(Prior Code § 5-5.301; Ord. CS 389, § 1, 1979)

The City Council hereby expressly finds and determines that it is necessary in order to protect the health and sanitation of the City and to prevent erosion and debilitation of the City streets and alleys, to adopt an ordinance requiring owners and/or users of swimming pools to install and maintain efficient and sanitary methods of disposal of wastewater from swimming pools through the use of receptors approved by the City building division and installed in accordance with the Uniform Plumbing Code as adopted by the City; the receptors shall be connected to the sewer by size of pipe approved by the director of public works.

(Prior Code § 5-5.301; Ord. CS 389, § 1, 1979)

This chapter sets forth uniform requirements for all users of the publicly owned treatment works for the City and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The objectives of this chapter are:

1. To prevent the introduction of pollutants into the 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;

5. To provide the fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and

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

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A. Authority to Condition or Deny. The City reserves the right to condition or deny new or increased wastewater discharges from users of the system. The City is authorized to issue wastewater discharge permits, monitor regulated outfalls and industrial facility discharges, and require user reporting as specified in this chapter to implement its authority to condition or deny discharges to the City sewer system. The City is authorized to establish fees for the equitable distribution of costs resulting from the program established herein.

B. Administration. Except as otherwise provided herein, the Director of Public Works shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Director of Public Works may be delegated by the Director of Public Works to other City personnel or contractors with the exception of the enforcement authority authorized under this chapter and the issuance of wastewater discharge permits.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

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

A. "Act" or "the Act." The Federal Waste Pollution Control Act, also known as the Clean Water Act, as amended, 33 United States Code § 1251 et seq.

B. "Approval authority." The State of California Regional Water Quality Control Board—Central Valley Region (RWQCB—CVR).

C. "Authorized representative of the user."

1. If the user is a corporation:

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

b. The manager of one 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 longterm 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 wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

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

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

4. The individuals described in subsections 1. through 3. 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.

D. "Best management practices (BMP)." Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in the General Sewer User Requirements of Sections 13.08.240 through 13.08.290 of this chapter. Best management practices also 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. Best management practices must be written into the terms and conditions of a user's wastewater discharge permit.

E. "Biochemical oxygen demand (BOD)." The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees Centigrade, usually expressed as a concentration measured in milligrams per liter (mg/L).

F. "Categorical pretreatment standard" or "categorical standard." Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

G. "Categorical industrial user (CIU)." An industrial user discharging wastewater generated in an industrial process that is regulated under a categorical pretreatment standard.

H. "City." The City of Atwater, California; the City Council of Atwater; or other duly authorized official of the City of Atwater. The City official responsible for implementation of this chapter.

I. "Color." The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.

J. "Composite sample." The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

K. "Control authority."

1. The POTW if the POTW's Pretreatment Program Submission has been approved in accordance with the requirements of § 403.11; or

2. The approval authority if the submission has not been approved.

L. "Cooling water/non-contact cooling water." Waster used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat.

M. "Domestic user (residential user)." Any person who contributes, causes, or allows the contribution of wastewater into the POTW that is of a similar volume and/or chemical makeup to that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to 100 gallons per capita per day, 0.2 pounds of BOD per capita per day, and 0.17 pounds of TSS per capita per day.

N. "Director of Public Works." The City official, or his duly authorized agent, responsible for implementation of this chapter.

O. "Environmental Protection Agency" or "EPA." The U.S. Environmental Protection Agency, or where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

P. "Existing source." Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

Q. "Existing user." Any noncategorical user which was discharging wastewater prior to the effective date of this chapter.

R. "Grab sample." A sample which is taken from a wastestream on a one-time basis without regard to the flow in the wastestream and without consideration of time.

S. "Indirect discharge" or "discharge." The introduction of pollutants into the POTW from any nondomestic source regulated under Sections 307(b), (c), or (d) of the Act. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.

T. "Interference." A discharge, which 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 NPDES permit (including an increase in the magnitude or duration of a violation) 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); Standards for the Use and Disposal of Sewage Sludge (40 CFR 503); the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

U. "Maximum allowable discharge limit." The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent to the industrial flow rate and the duration of the sampling event.

V. "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.

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

X. "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.

Y. "Municipal Code." The Atwater Municipal Code of Ordinances.

Z. "New source."

1. 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 which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

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

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

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

2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsections 1.b. or 1.c. above but otherwise alters, replaces, or adds to existing process or production equipment.

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

a. 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 or existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

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

AA. "New user." A user that is not regulated under the Federal categorical pretreatment standards but that applies to the City for a new building permit or occupies an existing building and plans to commence discharge of wastewater to the City's collection system after the effective date of the ordinance codified in this chapter. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an existing user if no significant changes are made in the manufacturing operation.

BB. "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.

CC. "Permittee (permit holder)." A person or user issued a wastewater discharger permit under this ordinance.

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

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

FF. "Pollutant." 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, TDS, turbidity, color, BOD, COD, toxicity, or odor).

GG. "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 charges; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

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

II. "Pretreatment standards" or "standards." Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

JJ. "Prohibited discharge standards" or "prohibited discharges." Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Sections 13.08.050, 13.08.060, and 13.08.080 of this chapter.

KK. "Publicly owned treatment works (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.

LL. "Regional Board (approval authority)." The California State Regional Water Quality Control Board, Central Valley.

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

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

OO. "Sewer." Any pipe, conduit ditch, or other device used to collect and transport sewage from the generating source.

PP. "Shall" is mandatory and "may" is permissive.

QQ. "Significant industrial user (SIU)."

1. A user subject to categorical pretreatment standards; or

2. A user that:

a. Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

b. Contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

c. 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.

3. Upon a finding that a user meeting the criteria in subsection 2. has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

RR. "Slug load," "slug," or "slug discharge." Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Sections 13.08.050, 13.08.060, and 13.08.080 of this chapter or any discharge of a non-routine, episodic nature, including but not limited to, an accidental spill or a non-customary 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.

SS. "Standard Industrial Classification (SIC) Code." A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

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

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

VV. "User" or "industrial user." A source of indirect discharge.

WW. "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.

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

YY. "Wastewater discharge permit." An authorization or equivalent control document issued by the City to users discharging wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this chapter.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013; Ord. CS 1038, § 1, 5-10-2021)

GENERAL SEWER USE REQUIREMENTS

A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions and the specific prohibitions identified in subsection B. of this section, 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.

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

1. 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 140 degrees Fahrenheit (60 degrees Centigrade) using the test methods specified in 40 CFR 261.21;

2. Wastewater having a pH less than 5.0, or greater than 10.0 or otherwise causing corrosive structural damage to the POTW or equipment;

3. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference;

4. 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;

5. Wastewater having a temperature greater than 120 degrees Fahrenheit (49 degrees Centigrade), or 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 104 degrees Fahrenheit (40 degrees Centigrade);

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

7. 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;

8. Trucked or hauled pollutants, except at discharge points designed by the City in accordance with Section 13.08.330 of this chapter;

9. 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;

10. Wastewater which imparts color which 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;

11. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;

a. Stormwater, surface water, groundwater, 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.

12. Sludges, screening, or other residues from the pretreatment of industrial wastes;

13. Medical wastes, except as specifically authorized by the City in a wastewater discharge permit;

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

15. Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;

16. Fats, oils, or greases of animal or vegetable origin in concentrations greater than 300 mg/L.

C. Pollutant Use and 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.

D. Vandalism. No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this chapter.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013; Ord. CS 1038, § 1, 5-10-2021)

Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405—471.

A. 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 this chapter.

B. 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.

C. 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).

D. A CIU may obtain a net/gross adjustment to a categorical pretreatment standard in accordance with the following subsections.

1. 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 make 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 subsection D.2. of this section are met.

2. Criteria.

a. Either:

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

(2) 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.

b. 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 unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

c. 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.

d. 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 City may waive this requirement if it finds that no environmental degradation will result.

E. 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 set forth in subsections 1.a. through 1.e. below.

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

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

b. 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;

c. 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 longterm average production rate. Both the actual average daily flow rate and the longterm average production rate must be representative of current operating conditions;

d. 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

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

2. An industrial user subject to equivalent mass limits must:

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

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

c. Continue to record the facility's production rates and notify the City whenever production rates are expected to vary by more than 20 percent 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

d. Continue to employ the same or comparable water conservation methods and technologies so long as it discharges under an equivalent mass limit.

3. When developing equivalent mass limits, the City:

a. 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;

b. 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

c. May retain the same equivalent mass limit in subsequent 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 pursuant to this chapter. The industrial user must also be in compliance with Section 13.08.820.C. regarding the prohibition of bypass.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

Sate and/or County requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards in any instance in which they are more stringent than Federal requirements and limitations or those in the ordinance codified in this chapter or in other applicable ordinances.

(Ord. CS 940, 2-25-2013)

1. Numerical Discharge Limitations. The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing pollutants in excess of the maximum daily concentration limits listed in Table 1 of this section. The City may impose mass limitations in addition to, or in place of, the concentration-based limitation of Table 1. These limits apply at the "end-of-pipe" defined as the point where the wastewater enters the City's sewer collection system. All concentrations for metallic substances are for "total metals" unless indicated otherwise. 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.

Table 1. Maximum Daily Concentration Limits

2. Best Management Practices. The City may require users to develop and implement best management practices (BMPs) to comply with the discharge prohibitions and pretreatment requirements of this chapter. Best management practices required under this subsection shall be written into the user's wastewater discharge permit as a condition of the permit and/or a local limit and enforced as a pretreatment standard.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

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, by ordinance or in wastewater discharge permits, discharge limitations or prohibitions for pollutants not specifically listed in this chapter.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

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. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

PRETREATMENT OF WASTEWATER

Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all wastewater discharge permit limitations and requirements, the general and specific prohibitions set out in Section 13.08.240, the National Categorical Pretreatment Standards adopted in Section 13.08.250, and the local limits set out in Section 13.08.270. Compliance shall be achieved within the time limitations specified by the EPA, the State, or the City, whichever is more stringent. Any wastewater treatment equipment or 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 Public Works Director for review, and shall be acceptable to the Public Works Director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this chapter.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A. Whenever 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 such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.

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

C. 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 type and capacity approved by the City and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.

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

E. The City is authorized to develop compliance schedules for the installation of pretreatment technologies. Compliance schedules may be a component of a permit or may be contained in an enforcement order.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

The City may require any user to develop and implement an accidental spill prevention plan or slug discharge control plan. Where deemed necessary by the City, facilities to prevent accidental discharge or slug discharges of pollutants shall be provided and maintained at the user's cost and expense. An accidental spill prevention plan or slug discharge control plan showing facilities and operating procedures to provide this protection shall be submitted to the City for review and approval before implementation. The City shall determine which user is required to develop a plan and require said plan to be submitted within 90 days following written notification by the City. Each user shall implement its accidental spill prevention plan and/or slug discharge prevention plan as submitted or as modified after such plan has been reviewed and approved by the City. Review and approval of such plans and operating procedures by the City shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this chapter.

A. Any user required to develop and implement an accidental spill prevention plan and/or slug discharge prevention plan shall submit a plan which addresses, at a minimum, the following:

1. Description of discharge practices, including nonroutine batch discharges;

2. Description of stored chemicals; waste tanks; liquid product or stored liquid materials;

3. Procedures for immediately notifying the City of an accidental or slug discharge, as required by Section 13.08.530 of this chapter; 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.

B. Users shall notify the City Wastewater Treatment Plant immediately after the occurrence of a sludge or accidental spill discharge of substances regulated by this chapter. The notification shall include the location of discharge date and time, type of waste, concentration and volume, and corrective actions. Any affected user shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed on the City on account thereof under State or Federal law.

C. Within five days following an accidental spill or slug discharge, the user shall submit to the City a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.

D. Signs shall be permanently posted in conspicuous places on the user's premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A. Septic tank waste may be introduced into the POTW only at locations designated by the City, and at such times as are established by the City. Such waste shall not violate the pretreatment standards and requirements set forth in this chapter, or any other requirements established by the City. The City may require waste haulers to obtain a wastewater discharge permit prior to discharge.

B. The City shall require haulers of industrial waste to obtain wastewater discharge permits. The City may require generators of hauled industrial waste to obtain wastewater discharge permits. The City also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all the pretreatment standards and requirements set forth in this chapter.

C. Industrial waste haulers may discharge loads only at locations designated by the City. No load may be discharged without prior consent of the City. The City may collect samples of each hauled load to ensure compliance with applicable standards. The City may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

D. Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

WASTEWATER DISCHARGE PERMITS

When requested by the City, a user must submit information on the nature and characteristics of its wastewater within 90 days of the request. The City is authorized to prepare a form for this purpose and may periodically require users to update this information.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A. 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 pursuant to Sections 13.08.170 of this chapter may continue to discharge for the time period specified therein.

B. The City may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.

C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Section 13.08.650 through 13.08.730 of this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall within 30 days after said date, apply to the City for a wastewater discharge permit in accordance with Section 13.08.370 of this chapter, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the City.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

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 the beginning or recommencing of such discharge. An application for this wastewater discharge permit in accordance with Section 13.08.370 of this chapter, must be filed at least 60 days prior to the date upon which any discharge will begin or recommence.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

All users required to obtain a wastewater discharge permit must submit a permit application. The City may require all users to submit as part of an application the following information:

A. All information required by Section 13.08.480 of this chapter;

B. Description of activities, facilities, and plant processes on the premises, including 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, days of operation, and proposed or actual hours of operations;

D. Each product produced by type, amount, process or processes, and the rate of production;

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

F. 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;

G. Time and duration of discharges; and

H. Any other information as may be deemed necessary by the City to evaluate the wastewater discharge permit application.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and must contain the certification statement as specified in Section 13.08.470 of this chapter.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

The City will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete wastewater discharge permit application, the City will determine whether or not to issue a wastewater discharge permit. The City may deny any application for a wastewater discharge permit.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the City. Each wastewater discharge permit will indicate a specific date upon which it will expire. Providing the permit holder submits a permit renewal application to the City as specified in Section 13.08.460 of this chapter, the existing permit may continue in full force and effect until a new permit has been issued or denied by the City.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A wastewater discharge permit shall 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 worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

A. Wastewater discharge permits must contain:

1. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years (Section 13.08.220).

2. A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 13.08.440 of this chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

3. Effluent limits based on applicable pretreatment standards;

4. Self-monitoring, sampling, reporting, notification, record-keeping and reporting requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; and

5. 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, or local law.

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

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

2. Requirements for the installation of pretreatment technology, pollutant control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

3. Requirements for the development and implementation of slug discharge control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;

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

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

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

7. 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

8. Other conditions as deemed appropriate by the City to ensure compliance with this chapter, and State and Federal laws, rules, and regulations.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013; Ord. CS 1038, § 1, 5-10-2021)

Any person may petition the Director of Public Works to reconsider the terms or a wastewater discharge permit within 30 days of notice of its issuance. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. 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. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal. If the Director of Public Works fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider, not to issue, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a compliant with the appropriate court for Merced County within the statute of limitations.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

The City may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

A. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;

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

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

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

E. Violation of the terms or conditions of the wastewater discharge permit;

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

G. Revision of or a grant of variance from categorical Pretreatment Standards pursuant to 40 CFR 403.13;

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

I. To reflect a transfer of the facility ownership or operation to a new owner or operator.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 60 days advance notice to the City and the City approves the wastewater discharge permit transfer. The notice to the City must include a written certification by the new owner or operator which:

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

B. Identifies the specific date on which the transfer is to occur; and

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

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

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

The Director of Public Works may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

A. Failure to notify the City of significant changes to the wastewater prior to the changed discharge;

B. Failure to provide prior notification to the City of changed conditions pursuant to Section 13.08.520 of this chapter.

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

D. Falsifying self-monitoring reports;

E. Tampering with monitoring equipment;

F. Refusing to allow the City timely access to the facility premises and records;

G. Failure to meet effluent limitations, violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter;

H. Failure to pay fines;

I. Failure to pay sewer charges;

J. Failure to meet compliance schedules;

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

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

Wastewater discharge permits shall be void able upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 13.08.190 of this chapter, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

REPORTING REQUIREMENTS

All wastewater discharge permit user reports must be signed by an authorized representative of the user as defined in Section 13.08.230.C. of this chapter, and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure 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."

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A. Within either 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 users currently discharging to or scheduled to discharge to the POTW shall submit to the City a report which contains the information listed in subsection B., below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the City a report which contains the information listed in subsection B., below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

B. Users described above shall submit the following information:

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

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

3. Description of Operations: A brief description of the nature, average 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 process.

4. 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 40 CFR 403.6(e).

5. Measurement of Pollutants:

a. The categorical pretreatment standards applicable to each regulated process.

b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the City, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and longterm average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 13.08.610 of this chapter.

c. Sampling must be performed in accordance with procedures set out in Section 13.08.620 of this chapter.

6. Certification: A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

7. 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. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 13.08.490 of this chapter.

8. Signature and Certification: All baseline monitoring reports must be signed and certified in accordance with Section 13.08.470 of this chapter.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

The following conditions shall apply to the categorical users meeting the compliance schedule required by Section 13.08.480.B.7. of this chapter. It may also be used for non-categorical users required to meet a compliance schedule as directed by the City.

A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the 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 operations);

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

C. The user shall submit a progress report to the City no later than 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

D. In no event shall more than nine months elapse between such progress reports to the City.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

Within 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 Section 13.08.480.B.4. through 6. of this chapter. For user's subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's longterm 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 13.08.470 of this chapter.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A. All categorical users shall, at a frequency determined by the City, but in no case less than twice per year, in June and December, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. If the categorical user is reporting at the minimum frequency, the City may, for good cause, change the months in which the periodic compliance report is due.

B. All non-categorical significant industrial users shall, at a frequency determined by the City, but in no case less than twice per year, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by their wastewater discharge permit or this chapter, and the measured or estimated average and maximum daily flows for the reporting period.

C. 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.

D. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the City, using the procedures prescribed in Section 13.08.610 of this chapter, the results of this monitoring shall be included in the report.

E. All periodic compliance reports must signed and certified in accordance with Section 13.08.470 of this chapter.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

Each user must notify the City of any planned significant changes to the user's operations or pretreatment systems which might alter the nature, quality, or volume of its wastewater at least 90 days before the change. For purposes of this requirement, significant changes include, but are not limited to, flow increase or decreases of 20 percent or greater, the discharge of any previously unreported pollutants, the increase of regulated pollutant concentrations, or the introduction of a new product using different raw materials. Significant industrial users are required to notify the City immediately of any changes at its facility affecting potential for a slug discharge.

A. Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and the 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 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 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: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 13.08.520 of this chapter. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Sections 13.08.490, 13.08.500, and 13.08.510 of this chapter.

B. Dischargers are exempt from the requirements of subsection A., above, during a calendar month in which they discharge no more than 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 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.

C. In the case of any new regulations under Section 3001 of 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 the State hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

D. 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.

E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued there under, or any applicable Federal or State law.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013; Ord. CS 1038, § 1, 5-10-2021)

A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load, that may 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.

B. Within five days following such discharge, the user shall, unless waived by the City, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.

C. 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 subsection A., above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the City as the City may require.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

If sampling performed by a user indicates a violation of the permit or the chapter, the user must notify the City within 24 hours of becoming aware of the violation. The user shall also retest the discharge for those pollutants found in the original sample to be in violation of the permit and submit the results of the retest analysis to the City within thirty days after becoming aware of the violation. The user is not required to resample if the City monitors at the user's facility at least once a month for the pollutant in question, or if the City samples between the user's initial sampling and when the user receives the results of this sampling.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A. Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and the 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 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 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: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 13.08.520 of this chapter. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Sections 13.08.490, 13.08.500, and 13.08.510 of this chapter.

B. Dischargers are exempt from the requirements of subsection A., above, during a calendar month in which they discharge no more than 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 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.

C. In the case of any new regulations under Section 3001 of 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 the State hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

D. 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.

E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued there under, or any applicable Federal or State law.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

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 shall govern.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

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

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

COMPLIANCE MONITORING

The City shall conduct sufficient monitoring to confirm user compliance to this Code, wastewater discharge permits, and State and EPA regulations. Monitoring shall consist of a full inspection of the permitted facility and sampling and analysis of wastewater discharged at each regulated outfall. At a minimum, the City shall monitor each industrial user once per year.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A. Inspection and Sampling. The City shall have the right, during reasonable hours, to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the 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 will 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.

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 chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the City may seek issuance of a search warrant from the Municipal Court of Atwater.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the City. The samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR 136 and other appropriated EPA guidance, multiple grab samples collected during the 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory. Composite samples for other parameters unaffected by compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate.

B. For sampling required in support of baseline monitoring and 90-day compliance reports, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the City may authorize a lower minimum. For the reports required by 40 CFR 403.12(e) and (h), the City shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.

C. Samples shall be taken immediately downstream from pretreatment facilities if such exist, immediately downstream from the regulated or manufacturing process if no pretreatment exists, or at a location determined by the City and specified in the user's wastewater discharge permit. For categorical users, if other wastewaters are mixed with the regulated wastewater prior to pretreatment the user shall measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance with the applicable categorical pretreatment standards. For other SIUs, for which the City has adjusted its local limits to factor out dilution flows, the user shall measure the flows and concentrations necessary to evaluate compliance with the adjusted pretreatment standard(s).

D. All sample results shall indicate the time, date and place of sampling, and methods of analysis and shall certify that the wastestream sampled is representative of normal work cycles and expected pollutant discharges from the user. If a user sampled and analyzed more frequently than what was required in its wastewater discharge permit, using methodologies in 40 CFR 136, it must submit all results of sampling and analysis of the discharge as part of its self-monitoring report.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

CONFIDENTIAL INFORMATION

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, 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 by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE

The City shall publish annually, in newspaper(s) of general circulation within the jurisdiction(s) served by the POTW that provides meaningful public notice. The term significant noncompliance shall mean:

A. Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or the average limit for the same pollutant parameter by any amount;

B. Technical Review Criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

C. Any other discharge violation that the City believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

D. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City's exercise of its emergency authority to halt or prevent such a discharge;

E. Failure to meet, within 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 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

G. Failure to accurately report noncompliance; or

H. Any other violations(s) which the City determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

ADMINISTRATIVE ENFORCEMENT REMEDIES

When the City finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the City may serve upon that user a written Notice of Violation. The City may require the user to provide a written explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions. The City may require the user to increase monitoring for the regulated parameter, or special monitoring and investigation to determine the cause of continued noncompliance. Performance of requirements ordered under a Notice of Violation 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.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

The City may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action 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 Sections 13.08.680 and 13.08.690 of this chapter and shall be judicially enforceable.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

The City may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, 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 15 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

When the City finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the 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 order 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.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

When the City finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, 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:

A. Immediately comply with all requirements; and

B. 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.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A. When the City finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the City may, as authorized under Section 54740.5 of the California Government Codes, fine such user as follows:

1. In an amount which shall not exceed $2,000.00 for each day for failing or refusing to furnish technical or monitoring reports.

2. In an amount which shall not exceed $3,000.00 for each day for failing or refusing to timely comply with any compliance schedule established by the local agency.

3. In an amount which shall not exceed $5,000.00 per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the local agency.

4. In an amount which does not exceed ten dollars per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the City.

B. The amount of any administrative fine imposed under this section which have remained delinquent for a period of 60 days shall constitute a lien against the real property of the user from which the discharge originated resulting in the imposition of the administrative fine. The lien provided herein shall have no force and effect until recorded with the County Recorder and when recorded shall have the force and effect and priority of a judgment lien and continue for ten years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

C. All moneys collected under this section shall be deposited in a special account of the City and shall be made available for the monitoring, treatment, and control of discharges into the City's sewer system or for other mitigation measures.

D. Unless appealed, orders setting administrative fines shall become effective and final upon issuance thereof, and payment shall be made within 30 days.

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

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

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.

A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the 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 Section 13.08.720 of this chapter are initiated against the user.

B. 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 Sections 13.08.670 or 13.08.720 of this chapter.

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

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

In addition to the provisions in Section 13.08.450 of this chapter, any user who violates the following conditions is subject to discharge termination:

A. Violation of wastewater discharge permit conditions;

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

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

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

E. Violation of the pretreatment standards in Sections 13.08.240, 13.08.250, 13.08.270, and 13.08.290 of this chapter.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 13.08.670 of this chapter 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 nay other action against the user.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

JUDICIAL ENFORCEMENT REMEDIES

When the City finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the 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 wastewater discharge permit, order, or other requirement imposed by this chapter 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.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A. A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of $25,000.00 per violation, per day. In the case of a monthly or other longterm average discharge limit, penalties shall accrue for each day during the period of the violation.

B. 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.

C. In determining the amount of civil liability, the Superior 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.

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

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A. A user who willfully or negligently violates any provision of this chapter, 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 $25,000.00 per violation, per day, or imprisonment for not more than six months, or both.

B. 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 $25,000.00 dollars and be subject to imprisonment for not more than six months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

C. 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 chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more $25,000.00 per violation, per day, or imprisonment for not more than six months, or both.

D. In the event of a second conviction, a user shall be punished by a fine of not more than $25,000.00 per violation, per day, or imprisonment for not more than six months, or both.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

The remedies provided for in this chapter 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. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

SUPPLEMENTAL ENFORCEMENT ACTION

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 chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the City to be necessary to achieve consistent compliance.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

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 chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

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

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS

A. 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.

B. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection C., below, are met.

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

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

2. 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

3. The user has submitted the following information to the City within twenty-four hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five days.

a. A description of the indirect discharge and cause of noncompliance;

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

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

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

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

F. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its 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 fails.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in subsection 13.08.240.A. of this chapter, or the specific prohibition in subsections 13.08.240.B.3. through 8. and 9. through 17. of this chapter, 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.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A. For the purposes of this section,

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

2. "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.

B. 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 subsections D. and E. of this section.

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

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

2. 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 back-up 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

3. The user submitted notices as required under subsection 5. of this section.

D. The City may approve an anticipated bypass, after considering its adverse effects, if the City determines that it will meet the three conditions listed in subsection C. of this section.

E. Notification.

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

2. A user shall submit oral notice to the City of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The City may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

MISCELLANEOUS PROVISIONS

The City may adopt reasonable fees for reimbursement of costs of setting up and operating the City's Pretreatment Program which may include, but is 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 submitted by users;

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

D. Fees for filing appeals; and

E. Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the City.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

A. Under the approval of the City Council, the City is authorized to enter into sewer service agreements with other jurisdictions providing:

1. The connecting jurisdiction has an ordinance that conditions or denies wastewater discharges into their sewer system that meets, or is more stringent than, the requirements of this chapter; or

2. The connecting jurisdiction has an ordinance that requires users comply with the Atwater sewer use ordinances.

B. Users located outside of the boundaries of the City of Atwater, but who receive sewer service from the City of Atwater shall comply with the Atwater sewer use ordinances as a condition of receiving services.

(Ord. CS 825, 6-23-2003; Ord. CS 940, 2-25-2013)

Editor's note— Ord. CS 940, adopted Feb. 25, 2013, repealed § 13.08.860, which pertained to severability and derived from Ord. CS 825, adopted June 23, 2003.

Editor's note— Ord. CS 940, adopted Feb. 25, 2013, repealed § 13.08.870, which pertained to effective date and derived from Ord. CS 825, adopted June 23, 2003.