Barstow Municipal Code Art. II General Requirements

(a) No person or user shall enter, break, damage, destroy, uncover, deface or tamper with any temporary or permanent structure, equipment, or appurtenance that is part of the BWWTP without prior written approval by the industrial pretreatment division.

(b) Any person or user who discharges or causes the discharge of any wastewater or pollutant which causes detrimental effects on the BWWTP, sludge, or any other damages, including the imposition of fines by federal, state, or other regulatory agencies against the city, shall be liable to the city for all damages and costs incurred by the city, including administrative expenses, attorneys' fees, penalties and fines imposed on the city by any federal, state, or other regulatory agencies. The city shall calculate its administrative expenses as ninety percent of the cost of repairs and personnel time expended by the city to remedy such damages and costs.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a) All industrial users who request authorization to connect to the BWWTP and all existing industrial users who propose tenant improvements shall be required to submit detailed site plans, including plumbing plans that describe the proposed project, facility expansion, or process modifications, in addition to any other information as required by the industrial pretreatment division. The industrial pretreatment division shall review the required information and notify the user of any pretreatment requirements. Compliance with the requirements specified by the industrial pretreatment division is required before the city will release the project to the building department. The project must be released by the industrial pretreatment division before the building department will issue a building permit authorizing construction for the project. A stop work order may be issued for any construction projects that have not been issued by the required building permit.

(b) All industrial users are required to notify the city during the construction phase of the project in order to conduct onsite inspections of the project. The industrial pretreatment division is required to sign off on the building department job card for underground plumbing and final plumbing of any required pretreatment equipment. All plumbing and pretreatment equipment are required to be exposed during the underground and final plumbing inspections. The industrial user may be required to expose any plumbing or pretreatment equipment that are not visible during the underground and final plumbing inspections. Failure to notify the city and obtain the necessary onsite inspections and job card signatures may delay the issuance of a certificate of occupancy by the building department.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a) The industrial pretreatment division shall inspect the facilities of any user to ascertain whether all requirements of this chapter are being met. Persons on the premises shall allow the industrial pretreatment division ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, and records examination.

(b) The user shall ensure that there is always a person on site, during normal business hours, knowledgeable of the user's processes and activities to accompany the industrial pretreatment division during the inspection.

(c) The user shall provide immediate access when an emergency exists.

(d) All pretreatment equipment shall be immediately accessible at all times for the purpose of inspection. At no time shall any material, debris, obstacles or obstructions be placed in such a manner that will prevent immediate access to the pretreatment equipment.

(e) No user shall interfere with, delay, resist or refuse entrance to the industrial pretreatment division when attempting to inspect any facility that discharges wastewater to the BWWTP.

(f) Where a user has security measures in force that would require proper identification and clearance before entry into the premises, the user shall make all necessary arrangements so that, upon presentation of identification, the industrial pretreatment division will be permitted to enter, immediately.

(g) The user shall make available for copying by the industrial pretreatment division, all records required to be kept under the provisions of this chapter.

(Ord. No. 965-2019, § 1, 12-2-2019)

If the industrial pretreatment division has been refused access to a building, structure, or property, or any part, and is able to demonstrate cause that there may be a violation of this chapter, or that there is a need to inspect or monitor the user's facilities to verify compliance with this chapter or any permit or order issued hereunder, or to protect the public health, environment, and the safety and welfare of the community, then the industrial pretreatment division may seek issuance of an inspection warrant duly issued pursuant to the procedure set forth in title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure and amendments thereto. However, in the event of an emergency affecting the public health or safety, an inspection or monitoring may be performed without consent or the issuance of a warrant.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a) As required by the industrial pretreatment division, any user discharging industrial wastewater to the BWWTP may be required to install monitoring equipment to measure the quality and quantity of wastewater discharged. The monitoring equipment may include, but is not limited to, wastewater sampling equipment, flow meters and recorders, pH meters and recorders, electrical conductivity meters and recorders, and process water meters.

(b) The monitoring equipment shall be provided by the user in compliance with this chapter and all applicable building, plumbing, and construction codes. The industrial pretreatment division may require the monitoring equipment have a security closure that can be locked by the city during any monitoring activities. The installation of any required monitoring equipment shall be completed within a reasonable period as required in written notification from the industrial pretreatment division.

(c) The industrial pretreatment division shall have the right to temporarily install upon the user's property such devices as are necessary to conduct wastewater monitoring or metering operations.

(d) No user shall interfere with, delay, resist, or refuse entrance to authorized city personnel attempting to install wastewater monitoring equipment on the user's property. Any permanent or temporary obstruction which prevents access to the monitoring equipment shall be immediately removed by the user or property owner at the written or verbal request of the industrial pretreatment division and shall not be replaced.

(e) Any required monitoring equipment shall be maintained by the user for continuous monitoring and metering. The monitoring equipment shall be calibrated by the user as often as necessary to ensure accurate measurements according to manufacturer's specifications (at least annually). All maintenance and calibration work shall be performed at the user's expense.

(f) The user shall report any monitoring equipment failure to the industrial pretreatment division within 24 hours after the user is aware of the failure. The notification shall be accomplished by a telephone call, telefax transmission, personal visit, email or hand delivered notification, to the city. The user shall submit a written report to the industrial pretreatment division documenting the cause of the failure and the corrective actions to be completed within five calendar days after the user discovers the equipment failure.

(g) All monitoring shall be completed at the time, place, and frequency as specified by the industrial pretreatment division.

(h) Samples for pH, cyanide, total phenols, oil/grease, sulfide, and volatile organics shall be analyzed from grab samples. The industrial pretreatment division may elect to collect either a 24-hour composite sample comprised of discrete time or flow proportioned samples or a grab sample, as appropriate, for all other pollutants.

(i) Any wastewater samples collected from a sampling location approved by the industrial pretreatment division shall be considered representative of the wastewater discharged from the user to the BWWTP.

(j) All users who request permission to conduct their own wastewater sampling shall submit a written wastewater monitoring plan describing the sample collection methods, equipment used, equipment cleaning practices, employee training, sample preservation methods, and chain of custody procedures. The monitoring plan shall be approved by the industrial pretreatment division prior to the implementation of the plan. Any sample(s) collected by a user without an approved plan shall be considered invalid.

(k) All users that are required to self-monitor shall have all samples collected according to 40 CFR 403.12(b)(5) specifications and analyzed by a laboratory certified by the State of California, Department of Health Services to complete the specific pollutant analyses.

(l) All users that are required to self-monitor shall submit all reporting forms, required by the industrial pretreatment division, that include the following information and documents:

(1) The date, exact place, time, and methods of sampling or measurements, and sample preservation techniques or procedures;

(2) The name of the person who performed the sampling or measurements;

(3) The date(s) analyses were performed;

(4) Beginning and ending flow meter readings which correspond to the time period of the 24-hour composite sample;

(5) The name of the person who performed the analyses;

(6) The analytical techniques or methods used;

(7) The results of such analyses; and

(8) The reporting limits for each pollutant.

(m) All users that are required to self-monitor shall submit a copy of the sample analysis and all required reporting forms within the timeframe established by the industrial pretreatment division. All sample analysis reports that include discharge violations shall be reported to the industrial pretreatment division within 24 hours of becoming aware of the violation. The results of the required resample and correspondence that includes a possible explanation for the violation(s) shall be submitted to the Industrial Pretreatment Coordinator within 30 days after the user is aware of the initial violation. Failure to report pollutant violations as stated shall constitute a violation of this chapter and may subject the user to enforcement actions.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a) Noncompliance with any concentration or mass based discharge limit specified in this chapter or the user's permit may be determined by an analysis of a grab or composite sample collected from a designated sample location and shall constitute a violation of this chapter.

(b) As required by the industrial pretreatment division, a wastewater resample shall be collected and analyzed for all pollutants in noncompliance with discharge limits. The resample is separate and independent of any wastewater monitoring performed by the City. All resamples shall be collected according to 40 CFR 403.12(b)(5) specifications and analyzed by a laboratory certified by the State of California, Department of Health Services to complete the specific pollutant analyses. The analysis of all wastewater resamples collected by a user shall be submitted with all required reporting forms to the industrial pretreatment division no later than 30 days after the city has informed the user of the initial violation or the user becomes aware of the violation. Failure to submit the laboratory results within the 30-day requirement shall constitute a violation of this chapter and may subject the user to enforcement actions.

(c) As required by the industrial pretreatment division, a noncompliance monitoring program (NMP) shall be completed by a user for any wastewater resamples which are determined to be in noncompliance with discharge limits. The NMP requires the user to collect a representative wastewater sample from the designated sample location at a frequency determined by the industrial pretreatment division. The samples are to be analyzed for all pollutants which were determined to be in violation of discharge limits. Continued noncompliance may result in escalated enforcement action and additional monitoring requirements as specified by the industrial pretreatment division.

(d) Significant non-compliance per §403.8(f)(2)(vii) requires the city to publish annually the names of all industrial users in significant non-compliance (SNC) with pretreatment standards, and other pretreatment requirements during the preceding year. Industrial users (by business name) deemed to be in SNC are those industrial users who have violated any of the SNC criteria: chronic violations, technical review or any other violation of pretreatment effluent limits.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a) All industrial users shall submit self-monitoring reports, as required by the industrial pretreatment division, which identify the characteristics of the industrial wastewater discharged to the BWWTP. The self-monitoring reports shall be used to determine compliance with the conditions and discharge requirements specified in this chapter, the industrial user permit, and federal and state regulations. Reports which may be required include:

(1) Baseline monitoring reports.

(2) Compliance schedule progress reports.

(3) 90-day compliance reports.

(4) Periodic reports on continued compliance.

(5) Other reports as required by the industrial pretreatment division.

(b) The monitoring frequency and pollutants required to be analyzed shall be specified by the industrial pretreatment division in the industrial user permit issued to the user. All costs associated with the collection and analysis of the required monitoring and the submittal of all required reports shall be the responsibility of the industrial user.

(c) Failure to complete any required monitoring or failure to submit any required reports shall be a violation of this chapter and may subject the user to enforcement actions.

(d) Regulatory reports issued by the POTW allows for the "duly authorized employee" to sign and submitted reports signed by such employee(s). For this regulation to be valid, it requires that the principal executive officer (city manager) or ranking elected official (mayor) provide a written letter that can be submitted to the approval authority together with the POTW report being submitted. The chief plant operator and or plant lead operator shall be considered the "duly authorized employee(s)" for this requirement.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a) An industrial user who is designated as an industrial rate facility for sewer billing purposes, or any other industrial user as required by the industrial pretreatment division, shall install a continuous monitoring flow or water meter approved by the industrial pretreatment division, which is capable of measuring the volume of influent (potable water) or effluent (wastewater) from the industrial user to the BWWTP. The readings collected from the flow or water meter shall be used to calculate the average daily flow in gallons per day.

(b) The user shall record daily flow water meter readings, as specified by the industrial pretreatment division, on an approved log sheet. As required by the industrial pretreatment division, monthly flow or water meter records shall be submitted to the city by the tenth calendar day of each month for the preceding month. The flow or water meter shall conform to standards issued by the industrial pretreatment division and shall be equipped with a non-resetting flow totalizer. All flow and water meters shall be calibrated at least annually to ensure the accuracy of the actual flow. All industrial users shall post the type, size, totalizer units, and flow multipliers for any flow or water meters used to measure the volume of wastewater discharged from the user.

(Ord. No. 965-2019, § 1, 12-2-2019)

All industrial users shall keep records of all waste hauling, pretreatment equipment maintenance reports, monitoring equipment recording charts and calibration reports, effluent flow, sample analysis data, and any other information required by the industrial pretreatment division, on the site of the wastewater generation. All records are subject to inspection by the industrial pretreatment division and shall be copied as needed. All records must be kept on the site of wastewater generation for a minimum period of three years. The record retention period may be extended beyond three years in the event enforcement proceedings have been initiated against the user or an extensive history of the industrial user is required.

(Ord. No. 965-2019, § 1, 12-2-2019)

All users required by the industrial pretreatment division to provide a written response to any correspondence, order, or notice shall do so by the date specified.

(Ord. No. 965-2019, § 1, 12-2-2019)

Any time limit or due date required in any report, written notice or any provision of this chapter may be extended only upon a showing of good cause by the user and a written extension by the industrial pretreatment division.

(Ord. No. 965-2019, § 1, 12-2-2019)

Any user who knowingly makes any false statement, representation, or certification in any record, correspondence, or other document submitted or required to be maintained by the industrial pretreatment division shall be in violation of this chapter and may subject the user to enforcement actions.

(Ord. No. 965-2019, § 1, 12-2-2019)