Banning Municipal Code Ch. 13.20 Industrial Wastewater Collection and Treatment

The purpose of this chapter is to provide for the maximum possible beneficial public use of the city's wastewater collection and treatment facilities through adequate regulations and permit requirements governing nonresidential discharges, to provide for equitable distribution of the city's costs, and to provide procedures for complying with requirements placed upon the City of Banning by other regulator agencies.

(Code 1965, § 31A-1.)

This chapter shall supersede all previous regulations and policies of the City of Banning governing items covered in this chapter. Specifically, the provisions of this chapter shall superseded Article V of that document entitled City of Banning Resolution No. 1983-13.

(Code 1965, § 31A-2.)

A. For the purposes of this chapter, unless the context specifically indicates otherwise, the meaning of terms used shall be as follows:

"Categorical pretreatment standard" or "categorical standard" means 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 1, Subchapter N, Parts 405—471.

"City" means authorized representatives of and facilities owned by the City of Banning.

"Clean Water Act" or "CWA" means the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 86 Stat. 916, Public Law 92-500.

"Contamination" means an impairment of the quality of the waters of the state by the introduction of waste material to a degree which creates a hazard to the public health through poisoning or through the spread of disease.

"Director of public works" means the person designated by the City of Banning to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.

"Industrial waste" means and includes nondomestic liquid or semisolid wastes from any producing, manufacturing, or processing operation of whatever nature.

"Interference" means 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 or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

"National Pollution Discharge Elimination System or NPDES Permit" means a permit issued pursuant to Section 402 of the Clean Water Act (33 U.S.C. 1342).

"New source" means:

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

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 subdivisions (1)(b) or (c) of this subsection but otherwise alters, replaces, or adds to existing process or production equipment.

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

a. Begun, or caused to begin, as part of a continuous on-site construction program.

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

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

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

"Nuisance" means a discharge of wastewater in violation of city regulations or orders, or which is or could be harmful to or unreasonably affect the wastewater collection and treatment facilities of the city or which impairs or unreasonably affects the operation and maintenance of such facilities, or which violates quantity, quality or flow standards adopted by the city, and all wastewater discharges which unreasonably affect the quality of the city's treatment plant effluent in such a manner that receiving water quality requirements established by law cannot be met by the city.

"Pass through" means a discharge which exits the city 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).

"Person" means any individual, partnership, firm, association, corporation, or agency, including the state of California and the United States of America.

"Pollutant" means any domestic, municipal, commercial, industrial or agricultural waste material discharged in water.

"Pollution" means an alteration of the quality of the waters of the state by pollutants to a degree which unreasonably affects (1) such waters for beneficial use of (2) facilities which serve such beneficial uses.

"Premises" means a parcel of real property, or portion thereof, including any improvements thereon, which is determined by the city to be a single unit for purposes of receiving, using, and paying for wastewater disposal service. In making this determination, the city shall take into consideration such factors as whether the unit could reasonably be subdivided, number and location of side sewers, and whether the unit is being used for a single activity and, if not, what is the principal activity for wastewater disposal services.

"Pretreatment" or "treatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the city's wastewater system. The reduction of alteration can be obtained by physical, chemical or biological processes, or through process changes or other means, except as prohibited by 40 CFR Section 403.6(d).

"Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.

"Pretreatment standards" means prohibited discharge standards, categorical pretreatment standards, and local limits.

"Receiving water quality requirements" means requirements for the city's wastewater treatment plant effluent established by law or by state or federal regulatory agencies for the protection of receiving water quality. "Requirements" shall include effluent limitations, and waste discharge standards, limitations, or prohibitions which may be promulgated or adopted from time to time by local, state or federal regulatory agencies.

"Residential wastewater" means the waterborne wastes derived from human habitation and use of residential, business, institutional, and industrial buildings or other structures.

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

"Side sewer" means a sewer conveying the wastewater of a user from a residence, building, or other structure to a city-owned interceptor sewer.

"Significant industrial user" means:

1. A user subject to categorical pretreatment standards; or

2. A user that:

a. Discharges an average of twenty-five thousand 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 five 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 subdivision (2) of this section 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.

"Significant noncompliance (SNC)" means:

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

2. Technical review criteria (TRC) violations, defined here as those in which thirty-three 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);

3. Any other discharge violation that the director of public works 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;

4. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the director of public works exercise of its emergency authority to halt or prevent such a discharge;

5. Failure to meet, within ninety 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;

6. Failure to provide within thirty 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;

7. Failure to accurately report noncompliance; or

8. Any other violation(s) which the director of public works determines will adversely affect the operation or implementation of the local pretreatment program.

"Slug load" or "slug" means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 13.20.050 of this chapter.

"Standard industrial classification (SIC)" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

"Standard methods" means analytical procedures described in the latest edition of "Standard Methods of the Examination of Water and Wastewater" as published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

"Stormwater" means any flow occurring during or following any form of natural precipitation and resulting therefrom.

"Suspended solids" means the concentration of nonfilterable residue determined in conformance with standard methods procedures.

"Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of the CWA 307(a) or other Acts.

"User" or "industrial user" means any person who contributes, causes or permits the contribution of wastewater into the city's collection and treatment facilities and is a source of indirect discharge.

"Waste material" means and includes any and all substances of liquid, solid, gaseous, or radioactive nature, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of any nature.

"Wastewater" means all residential and nonresidential material and waters, whether treated or untreated, discharged into or permitted to enter the wastewater collection system for processing in the wastewater treatment facilities of the City of Banning.

"Wastewater strength" means the quality of wastewater discharged as measured by its concentration, including its constituents and characteristics.

"Wastewater system" means and includes intercepting sewers, wastewater treatment works, pumping stations, outfall sewers, and appurtenances constructed, operated, and maintained by the City of Banning for residential and nonresidential wastewater disposal purposes.

B. Abbreviations:

1. "CFR" means Code of Federal Regulations.

2. "POTW" means publicly owned treatment works.

3. "RCRA" means Resource Conservation and Recovery Act of 1976 Public Law (Pl) 94-580 and amendments thereto.

4. "SIC" (standard industrial classification) means the system of classifying industries identified in the SIC Manual, 1972, or subsequent edition, prepared by the Office of Management and Budget.

5. "EPA" means United States Environmental Protection Agency.

(Code 1965, § 31A-3.)

Wastewater may be discharged into side sewers for interception, treatment, and disposal by the city provided that such wastewater does not contain substances prohibited, or exceed limitations or wastewater strength, set forth in this chapter; and provided further that the user pays all city wastewater disposal charges and is in compliance with all terms of this chapter, including the permit provisions if applicable.

(Code 1965, § 31A-4.)

No person shall discharge or deposit or cause or allow to be discharged or deposited into the city's sewer collection system any wastewater containing or exhibiting the following:

A. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flash point of less than 140°F (60°C) using the test methods specified in 40 CFR 261.21.

B. Any toxic or poisonous solids, liquids or gases in such quantities that, alone or in combination with other waste substances, may create pass through or interference as defined by Section 13.20.030, or create a hazard for humans, animals or the local environment, interfere detrimentally with wastewater treatment processes, cause a public nuisance, or cause any hazardous condition to occur in the wastewater system.

C. A pH lower than 5.5 or having any corrosive or detrimental characteristic that may cause injury to wastewater treatment or maintenance personnel or may cause damage to structures, equipment or other physical facilities of the wastewater system, as determined by the city engineer.

D. Any solids or viscous substance of such size or character, or in such quantity that they may cause obstruction to flow in the collection system or be detrimental to proper wastewater treatment plant operations.

E. Any rainwater, stormwater, ground water, street drainage, subsurface drainage, roof drainage, yard drainage, water from yard fountains, ponds, or lawn sprays or any other uncontaminated water.

F. Any water added for the purpose of diluting wastes as a partial or complete substitute for adequate treatment to achieve compliance with this chapter.

G. Any free biodegradable or nonbiodegradable oils or greases, petroleum oil or refined petroleum products.

H. Any dispersed petroleum or mineral based cutting oils, biodegradable oils, fats or greases in excessive concentrations that would tend to cause adverse effects on the wastewater system.

I. Any unreasonably large amount of suspended solids.

J. 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.

K. Any strongly odorous compounds or compounds tending to create odors.

L. Dissolved sulfides above a concentration of 0.1 milligram/liter.

M. Any material inducing a high pH (pH greater than 10.5) which causes encrustation, scale or precipitates on sewer walls or other adverse effects on the wastewater system, as determined by the engineer.

N. Any substance promoting or causing the promotion of toxic gases.

O. A temperature of 140°F or higher. At no time shall any person discharge wastewater causing the influent wastewater at the treatment plant to exceed a temperature of 140°F.

P. Any material requiring an excessive quantity of chlorine or other chemical compound used for disinfecting purposes.

Q. Any excessive amounts of chlorinated hydrocarbon or organic phosphorus type compounds.

R. Any excessive amounts of deionized water, steam condensate or distilled water.

S. Any substance that may precipitate, solidify, gel, polymerize, or become viscous under conditions normally found in the wastewater treatment plant effluent.

T. Any material producing excessive discoloration of the wastewater treatment plant effluent.

U. Any particulate material that has not been ground sufficiently to pass through a ⅜-inch screen.

V. Any detergents, surface active agents, or other substances, in quantities sufficient to cause foaming in the wastewater system.

W. Any radioactive wastes in excess of federal, state or county regulations.

X. Any trucked or hauled pollutants, except at discharge points designated by the director of public works in accordance with Section 13.20.170(C) of this chapter.

A minimum eight hours prior notice of wrongful discharge and opportunity to correct shall be given by the public works director to the user before commencement of an enforcement action for violation of subsections D, H, I, K, P, Q, R, T or V of this section.

(Code 1965, § 31A-5.)

A. General Limitations. No person shall discharge or convey, or permit or allow to be discharged or conveyed, to the city wastewater system any pollutants of such character or quantity that will:

1. Not be susceptible to treatment or interfere with the process of efficiency of the treatment system.

2. Constitute a hazard to human or animal life, or to the stream or water course receiving the treatment plant effluent.

3. Violate any federal, state, or local pretreatment standards, including Federal Categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471.

4. Any material or quantity of material which will cause the city's wastewater treatment plant effluent to exceed the concentration limits of its NPDES permit as established by the Colorado River Basin Regional Water Quality Control Board, and any subsequent amendments as are duly adopted from time to time by the Colorado River Basin Regional Water Quality Control Board.

B. The following values represent the maximum instantaneous discharge concentration levels of specific contaminants, which may be present in a user's discharge to the City of Banning's sewer collection system:

a Data indicate no detectable arsenic enters the BWTP. Therefore, no limit is currently recommended.

;sup\sup; Limit established based on best available technology economically achievable (BAT).

c To be calculated annually and amended on each Industrial User Discharge Permit if there is more than a 10 percent change in TDS in the annual average water supply.

d Based on the average TDS in the water supply (230 mg/L), a variable limit will be adjusted quarterly.

e. No historical data collected to indicate presence. Therefore, no limit is recommended until sampling results show presence.

(Code 1965, § 31A-6.)

A. It is unlawful for any person to discharge or cause to be discharged into any storm drain or stormwater channel or natural watercourse, whether currently carrying water or not, or into any pipe or waterway leading to such drain, channel or watercourse, any solid or fluid material which will impair the useful functioning of such drain, channel, or watercourse, or cause expense to the city, or other public agency, in maintaining the proper functioning or same, or cause public nuisance or public hazard or cause detrimental pollution of natural surface or subsurface waters.

B. It is unlawful for any person to deposit or discharge into any sump which is not impermeable or into any pit or well, or onto the ground, or into any storm drain or watercourse any material which by seeping underground or by being leached or by reacting with the soil is detrimental to the usable underground waters and exceeds the range of the effects of ordinary nonindustrial land uses on underground waters into which such wastes may seep, or which will violate any requirements of the Colorado River Basin Regional Water Quality Control Board.

(Code 1965, § 31A-7.)

A. Permits must be obtained by all nondomestic users whose wastewater contains or may contain pollutants not normally found or in concentrations in excess of those normally found in domestic wastewater. Those users requiring permits shall include, but not be limited to, the following categories:

1. Users whose wastewater contains or may contain any substance which would cause the wastewater to be considered a prohibited discharge under this chapter.

2. Any user that meets the criteria set forth in 40 CFR 403.3(t) and is designated as a significant industrial user (SIU).

3. Any other users determined by the director of public works to require special regulation or source control.

B. Users for whom permits are mandatory must make application for and obtain a permit which shall govern each wastewater connection to the city's wastewater system.

(Code 1965, § 32A-8.)

A. Users seeking a wastewater discharge permit shall complete and file with the director of public works an application form, within thirty days after the effective date of the ordinance codified in this chapter, and proposed new users shall apply at least ninety days prior to connecting to or contributing to the city's wastewater system. The application may require information including but not limited to: estimated wastewater strength, estimated wastewater flow, average and peak wastewater discharge flow rates for each side sewer; locations of side sewers, sampling points, and pretreatment facilities; description of activity, facilities, and plant processes on the premises, including raw materials, processes and types of materials which are or could be discharged, SIC number; total product produced, by type; number and type of employees; and any other information the director of public works may deem necessary to evaluate the permit application. Within ninety days the director of public works shall approve or deny this application.

B. Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user 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.

(Code 1965, § 32A-9.)

A. Terms. All wastewater discharge permits shall be expressly subject to all provisions of this chapter. All permits shall contain the following terms:

1. A group classification designation;

2. Monitoring requirements;

3. Requirements for reports of initial and continuing compliance;

4. Requirements for pretreatment facilities.

B. Conditions. Industrial User Discharge Permits shall be expressly subject to all provisions of this chapter and all other applicable regulations established by the city. Permits will contain the following:

1. An annual industrial user discharge permit application fee of five hundred dollars to be paid to the City of Banning for the review of the permit application, review of the quarterly self monitoring reports and to ensure compliance of the permittee with the permit requirements for the one year period. The public works director is authorized to make necessary adjustments to such annual industrial user discharge permit application fee as required.

2. Limitations on wastewater strength for the flow in each side sewer, including average and maximum concentrations of the wastewater constituents and characteristics;

3. Limits on average and maximum rate of discharge, restriction of discharge to certain hours of the day, or requirements for flow regulation and equalization;

4. Requirements for the installation of flow measurement or other facilities;

5. Requirements for installation and maintenance of inspection and sampling facilities, including city access to the facilities;

6. Specifications for monitoring programs which may include sampling locations, method of sampling, those chemical constituents to be reported upon, frequency of sampling, number, types, and standards for tests;

7. Requirements for submission of technical reports or discharge reports, and authority for the director of public works or designee to copy all such reports kept at the premises of the user;

8. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording access to the city for the purposes of inspection and copying;

9. Requirements for facilities to prevent accidental discharge of prohibited materials or other wastes regulated by this chapter.

(Code 1965, § 31A-10.)

Permits shall be issued for a time period not to exceed five years and shall be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of ninety days prior to the expiration of the user's existing permit.

(Code 1965, § 31A-11.)

A. The city may change the terms and conditions of a wastewater discharge permit, including changing the average limits on the elements of wastewater strength, from time to time as circumstances may require. The city shall allow a user reasonable time to comply with any city required changes in the permit.

B. Any user desiring to make alterations of connections to the wastewater collection system, or desiring to modify its industrial plant, process, or wastewater treatment facilities in a manner which would increase or decrease the flow rate or alter the quality of the wastewater discharge described in its wastewater discharge permit shall first apply for an amended permit and obtain a revised wastewater discharge permit approved by the director of public works prior to the commencement of any construction of new facilities or operation of modified facilities. The director of public works shall treat this in the same manner as an original application under Section 13.20.100.

C. Upon promulgation of a National Categorical Pretreatment Standard, the director of public works shall notify by registered letter all users who may be subject to such standard, including the applicable reporting requirements under 40 CFR Section 403.12. Within one hundred eighty days after the promulgation of a National Categorical Pretreatment Standard, all applicable users shall make application to the director of public works for a wastewater discharge permit. Likewise, applicable users with an existing wastewater discharge permit shall make application to the director of public works for a revised permit within one hundred eighty days after the promulgation of such standard. The city shall respond by issuing new or revised wastewater discharge permits to the applicants. The new or revised permit shall be issued within three months of the promulgation of the National Categorical Pretreatment Standard, and shall require compliance with such standard within the time frame prescribed by the standard.

(Code 1965, § 31A-12.)

Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation.

(Code 1965, § 31A-13.)

Any user who violates the following conditions of its permit or of this chapter, or of applicable state and federal regulations, is subject to having its permit revoked by the director of public works upon a minimum notice of three days.

Violations subjecting a user to possible revocation of its permit include, but are not limited to, the following:

A. Failure of a user to accurately report the wastewater constituents and characteristics of its discharge;

B. Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

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

D. Violation of conditions of the permit.

(Code 1965, § 31A-14.)

A. No statement contained in this chapter prevents any special agreement or arrangement between the city and any industrial concern whereby a nonresidential waste of unusual strength or character may be accepted by the city for treatment.

B. If any discharge contains or may contain constituents which cause it to fail to conform to any of the requirements set forth in Section 13.20.070, but the director of public works finds that:

1. The discharge will not cause harm to the wastewater system nor unreasonably or inequitably burden the operations of the system; and

2. When considered together with similar excesses in discharges of other limited herein will not materially affect the ability of the city to meet the requirements of the Colorado River Basin Regional Water Quality Control Board on the city's wastewater treatment plant effluent (NPDES permit), the director of public works shall grant approval for discharge to the sewer with waiver or modifications of the requirements which would not be met, and so indicate on the user's permit.

C. The director of public works shall not grant waiver of any requirement set forth by federal or state regulation.

(Code 1965, § 31A-15.)

A. The director of public works is charged with responsibility for the city's wastewater control program, the administration and enforcement of the provisions of this chapter and the City of Banning Industrial Waste Program Enforcement Response Guide.

B. To effectively administer and enforce the provisions of these regulations, the director of public works may require any discharger to comply with any or all of the requirements of the following sections.

(Code 1965, § 31A-16.)

A. Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the procurement facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.

All records relating to compliance with pretreatment standards shall be made available to officials of the city, Regional Water Quality Control Board and EPA for inspection and copying upon request, including copies of records maintained on the premises of the user.

The city shall publish annually, in the largest daily newspaper published in the POTW's municipality, a list of the users which, during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. This procedure shall be as specified in 40 CFR Section 403.8(f)(2)(vii).

B. Grease, oil and sand interceptors shall be provided when, in the opinion of the director of public works they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful materials; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Director of Public Works and located so as to be readily and easily accessible for cleaning and inspection. The requirement for installation of a grease, oil or sand interceptor shall be indicated in the user's wastewater discharge permit.

Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gas-tight and watertight.

All grease, oil and sand interceptors deemed necessary shall be installed and maintained at the owner's expense and shall be in efficient operation at all times.

C. Hauled wastewater shall be regulated by the following conditions of this chapter:

1. Septic tank waste my be introduced into the POTW only at locations designated by the director of public works, and at such times as are established by the director of public works. Such waste shall not violate Sections 13.20.040 through 13.20.070 of this chapter or any other requirements established by the city. The director of public works may require septic tank waste haulers to obtain wastewater discharge permits.

2. The director of public works shall require haulers of industrial waste to obtain wastewater discharge permits. The director of public works may require generators of hauled industrial waste to obtain wastewater discharge permits. The director of public works also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this chapter.

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

4. 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.

(Code 1965, § 31A-17.)

A. Each nonresidential user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Facilities to prevent accidental discharge of such materials shall be provided and maintained at the user's expense. Detailed plans showing facilities and operation procedures to provide this protection shall be submitted to the director of public works for review, and shall be approved by the director of public works before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify its facility as necessary to meet the requirements of this chapter.

B. Each user required to provide facilities for protection from accidental discharge shall be identified in the user's wastewater discharge permit. Permit provisions shall describe the extent of facilities required and shall outline a compliance schedule.

C. If, for any reason, a facility does not comply with or is unable to comply with the protection from accidental discharge limitations of this chapter, the facility responsible for such discharge shall immediately notify the director of public works so that corrective action may be taken to protect the treatment system.

D. In the event of any accidental discharge, a written report addressed to the director of public works detailing the date, time and cause of the accidental discharge, the quantity and characteristics of the discharge and corrective action taken to prevent future discharges, shall be filed by the responsible nonresidential facility within five days of the occurrence of the noncomplying discharge.

E. At least once every two years, the director of public works shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The director of public works may require any user to develop, submit for approval, and implement such a plan. Alternatively, the director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

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

2. Description of stored chemicals;

3. Procedures for immediately notifying the director of public works of any accidental or slug discharge, as required by this section; 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.

(Code 1965, § 31A-18.)

The director of public works may require discharge reports, including but not limited to questionnaires, technical reports, sampling reports, and test analyses, and periodic reports of wastewater discharge. Reporting requirements shall be as specified in the user's wastewater discharge permit.

When a report filed by a user pursuant to this section is not adequate in the judgment of the director of public works, such user may be required to supply additional information as deemed necessary.

The discharge report may include, but shall not be limited to, nature of the process, volume and rates of wastewater flow, a lab analysis of wastewater samples, elements, constituents, and characteristics of the wastewater, together with any information required in an application for wastewater discharge permit.

All costs associated with preparation of discharge reports, including the cost of wastewater analysis, shall be the responsibility of the user.

Those users subject to National Categorical Pretreatment Standards, shall comply with all reporting requirements in accordance with the General Pretreatment Regulations for Existing and New Sources of Pollution (Title 40 CFR Part 403). All reports specifically set forth in 40 CFR Part 403 shall be required pursuant to this chapter. These include, but are not limited to:

A. Baseline monitoring reports.

1. Within either one hundred eighty 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 director of public works a report which contains the information listed in subdivision (2) of this subsection. At least ninety 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 director of public works a report which contains the information listed in subdivision (2) of this subsection. 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.

2. Users described above shall submit the information set forth below.

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

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

c. Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

d. 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).

e. Measurement of pollutants.

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

ii. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the director of public works, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term 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 40 CFR 136.

iii. Sampling must be performed in accordance with procedures set out in 40 CFR 136.

f. 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.

g. 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 subsection B of this section.

h. Signature and certification. All baseline monitoring reports must be signed and certified in accordance with subsection A of this section.

B. Compliance schedule progress reports.

The following conditions shall apply to the compliance schedule required by subsection (A)(2)(g) of this section:

1. 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 operation);

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

3. The user shall submit a progress report to the director of public works no later than fourteen days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

4. In no event shall more than nine months elapse between such progress reports the director of public works.

C. Reports on compliance with categorical pretreatment standard deadline.

Within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the director of public works a report containing the information described in subsection (A)(2)(d—f) of this section. For users 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 long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with subsection A of this section.

D. Periodic compliance reports.

1. All significant industrial users shall, at a frequency determined by the director of public works 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. All periodic compliance reports must be signed and certified in accordance with subsection A of this section.

2. 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.

3. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the director of public works, using the procedures prescribed in subsection J of this section, the results of this monitoring shall be included in the report.

E. Reports of changed conditions. Each user must notify the director of public works of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least ninety days before the change.

1. The director of public works may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 13.20.090 of this chapter.

2. The director of public works may issue a wastewater discharge permit under Section 13.20.080 of this chapter or modify an existing wastewater discharge permit under Section 13.20.120 of this chapter in response to changed conditions or anticipated changed conditions.

3. For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent or greater, and the discharge of any previously unreported pollutants.

F. Reports of potential problems.

1. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the director of public works 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.

2. Within five days following such discharge, the user shall, unless waived by the director of public works, 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.

3. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (F)(1) of this section. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

G. Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the director of public works as the director of public works may require.

H. Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the director of public works within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the director of public works within thirty days after becoming aware of the violation. The user is not required to resample if the director of public works monitors at the user's facility at least once a month, or if the director of public works samples between the user's initial sampling and when the user receives the results of this sampling.

1. Any user who commences the discharge of hazardous waste shall notify the POTW, the Regional Water Quality Control Board, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred 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 twelve months. All notifications must take place no later than one hundred and eighty days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subsection E of this section. 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 subsections A, C, and D of this section.

2. Dischargers are exempt from the requirements of subsection (H)(1) of this section during a calendar month in which they discharge no more than fifteen kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

3. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the director of public works, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within ninety days of the effective date of such regulations.

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

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

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

J. Sample collection.

1. Except as indicated by subsection (J)(2) of this section, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the director of public works may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

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

K. Timing. 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.

L. Record keeping. 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 five years. This period shall be automatically extended for the duration of any litigation concerning the user or the City of Banning, or where the user has been specifically notified of a longer retention period by the director of public works.

(Code 1965, § 31A-19.)

A. The city may require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area, subject to approval of an encroachment permit, and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such a facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operation condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications shall be met. Construction shall be completed within ninety days following written notification by the city. Such notification may be as indicated in the user's wastewater discharge permit.

B. The monitoring program may require user to conduct a sampling and analysis program of a frequency and type specified in the user's wastewater discharge permit to demonstrate compliance with prescribed wastewater discharge limits. As specified in the user's wastewater discharge permit, the user shall either:

1. Conduct his sampling and analysis program provided he demonstrates to the director of public works that he has the necessary qualifications and facilities to perform the work; and

2. Engage a private laboratory, certified by the state of California Department of Public Health.

(Code 1965, § 31A-20.)

The city may inspect the facilities of any user to ascertain whether the purpose of this chapter and all requirements are being met. Persons or occupants of premises where nonresidential wastewater is discharged shall allow the city access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any of their duties. The city shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with so that upon presentation of suitable identification, personnel from the city, the EPA, or their authorized representatives will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

The city shall randomly sample and analyze the effluent from nonresidential users to identify, independent of self-monitoring information supplied by the user, occasional and continuing noncompliance with the user's permit or other regulations set forth by this chapter.

The city shall investigate instances of noncompliance as indicated in the user's self-monitoring reports or random inspection and surveillance activities described in this section. Sample collection and analysis and the acquisition of other information shall be performed with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions, and the user so investigated shall be liable for all charges incurred by the city for such investigation.

A. The City of Banning may adopt reasonable fees for reimbursement of costs of setting up and operating the city's pretreatment program which may include:

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

2. 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;

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

4. Fees for filing appeals; and

5. 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. These fees may be set from time to time by resolution of the city council.

(Code 1965, § 31A-21.)

A. The point of determining compliance with the provisions of this chapter (and of the user's wastewater discharge permit, if applicable) at the point of the discharge to the public wastewater system or such other upstream sampling point on the private lateral as mutually agreed upon by the nonresidential user and the director of public works. Where multiple discharge permits to the City of Banning wastewater collection system are regulated by a wastewater discharge permit, sampling must be carried out at an acceptable location for each permitted discharge. Where certain wastes are critical, the director of public works may specify, through the provisions of the user's permit, procedures for obtaining necessary samples and require that any persons discharging industrial wastewater install a measuring device and that samples be analyzed and measurements of flows taken and reported to the city, and such sampling and measuring device shall be made accessible to the director of public works or his authorized representative.

Unless otherwise specified in the provisions of the user's wastewater discharge permit, compliance with the requirements of this chapter are based on the mean values obtained from analysis of composite industrial waste samples representative of the quality and quantity of discharge to the sewer. All such samples shall be weighted with the flow at the sampling point to furnish values weighted with time and quantity for each required chemical constituent. The frequency of monitoring shall be as prescribed in the user's wastewater discharge permit.

B. Sampling and analysis shall be performed in accordance with Section 304(g) of the Federal Water Pollution Control Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the director of public works. Where 40 CFR, Part 136 does not include a sampling of analytical technique for pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the director of public works.

(Code 1965, § 31A-22.)

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the director of public works 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 director of public works, 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.

(Code 1965, § 31A-23.)

The city may adopt procedures and rules for the implementation and administration of this chapter. The city shall enforce the provisions of this chapter, including all requirements established or permits issued pursuant to this chapter.

A. Requiring discharger to submit schedule of remedial or preventive measures. When the director of public works finds that a discharge of wastewater is taking place, has taken place, or is threatening to take place that, has violated, violates or will violate prohibitions or limits prescribed by this chapter or wastewater source control requirements or the provisions of a wastewater discharge permit, the director of public works may require the user to submit for approval of the director of public works, with such modifications as deemed necessary, a detailed time schedule of specific actions the user shall take to correct or prevent a violation of requirements.

B. Issuance of cease and desist order. When the director of public works finds that a discharge of wastewater has taken place, is taking place or threatening to take place in violation of prohibitions or limits of this chapter or wastewater source control requirements or the provisions of a wastewater discharge permit, the director of public works may issue an order to cease and desist and direct that those users not complying with such prohibitions, limits, requirements, or provisions to (1) comply forthwith, (2) comply in accordance with a time schedule set up by the director of public works, or (3) in the event of a threatened violation, take appropriate remedial or preventive action.

(Code 1965, § 31A-24.)

Any permit applicant, permit holder, or other user affected by any decision, action or determination, including cease and desist orders, made by the director of public works in interpreting or implementing the provisions of this chapter, or any permit issued hereunder, may file with the director of public works written request for reconsideration within ten days of such a decision, action, or determination, setting forth in detail the facts supporting the request. The director of public works may elect to hold a hearing on the request. The request for reconsideration shall be acted upon by the director of public works within ten days from the date of filing or the close of the reconsideration hearing. The decision, action, or determination shall remain in effect during such period of review by the director of public works.

If the ruling made by the director of public works is unsatisfactory to the user requesting reconsideration, he may, within ten days after notice of the action by the director of public works, file a written appeal to the city council.

The written appeal shall state all pertinent aspects of the matter and shall include the hearing record if one was requested. The city council may amend, modify, confirm or reject any decision judgment, or finding (including waivers) of the director of public works provided the purpose and intent of this chapter is not violated.

(Code 1965, § 31A-25.)

Any person who violates any provision of this chapter, any standard, any standard adopted by this chapter, or any permit or permit condition issued under this chapter, is guilty of a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars or six months in the Riverside County jail, or both, for each day on which a violation occurs.

(Code 1965, § 31A-26.)

The violation of any provision of this chapter, any standard adopted by this chapter, or any permit or permit condition issued under this chapter is hereby declared a public nuisance, and shall be abated by any means available under the law. The city may also pursue any of the alternative civil remedies herein against any discharger who violates the provisions of the chapter.

A. Damage to facilities. When the discharge of wastewater causes an obstruction, damage, or other impairment to city wastewater facilities, the director of public works may assess a charge against the discharger for the work required to clean or repair the facility.

B. One thousand dollar per day penalty. Any person who violates any order issued by the director of public works or any provision of this chapter, shall be liable civilly in a sum not to exceed one thousand dollars for each day in which such violation occurs. The city attorney, upon request of the city council, shall petition the Superior Court to impose, assess, and recover such sums.

C. Injunction. Whenever a discharge of wastewater is in violation of the provisions of this chapter or otherwise causes or threatens to cause a condition of contamination, pollution, or nuisance, or for any violation of a pretreatment standard or requirement, the city may petition the Superior Court for the issuance of a preliminary injunction, to be followed by a permanent injunction, as may be appropriate, restraining the continuance of such discharge.

D. Termination of service. The city may terminate or cause to be terminated wastewater treatment or wastewater service to any premises if a violation of any provision of this chapter pertaining to control of wastewater is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance, as defined in this chapter. This provision is in addition to other statutes, rules, or regulations authorizing termination of service.

(Code 1965, § 31A-27.)