Chapter 13.14 — CITY OF BISHOP INDUSTRIAL WASTE DISCHARGE PROGRAM

A.

Purpose and policy. This chapter sets forth uniform requirements for users of the publicly owned treatment works ("POTW") of the City of Bishop Department of Public Works ("department") to comply with all applicable state, federal and local laws, including but not limited to, the Clean Water Act (33 United States Code (USC) section 1251 et seq., the "Act"), the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403); the County Water District Law (California Water Code sections 30000 to 33901); California Government Code sections 54739—54740.6; and the California Porter Cologne Water Quality Act (California Water Code section 13000 et seq.). The objectives of this chapter are:

To prevent the introduction of pollutants into the POTW that will interfere with its operation;

2.

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

3.

To protect both POTW 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 POTW;

5.

To enable the department to provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW; and

6.

To enable the city and department to comply with waste discharge requirements (WDR) conditions, water reuse, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject.

This chapter shall apply to all users of the POTW. The ordinance authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and enables the department to set fees for the equitable distribution of costs resulting from the program established herein.

B.

Administration. Except as otherwise provided herein, the director (see C. Definitions 16. Director) shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the director may be delegated by director to a duly authorized department employee.

C.

Definitions. Unless a provision explicitly states otherwise or is defined in context herein, the following terms and phrases as used in this chapter shall have the meanings hereinafter designated:

1.

Administrative order or AO. An enforcement document which directs a user to implement corrective or remedial measures.

2.

Authorized or duly authorized representative of the user.

a.

If the user is a corporation:

i.

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

ii.

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 long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit (WDP) requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

b.

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

c.

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

3.

The individuals described in subparagraphs (a) through (c), above, may designate a duly authorized representative if the authorization is submitted to the department.

4.

Best management practices or BMPs. The schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 13.14.020 [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

5.

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

Categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge limits promulgated by Environmental Protection Act in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405—471.

7.

Cease and desist order. An AO issued by the department requiring a user to halt the discharge of wastewater that is in violation of the provisions of this ordinance or take other actions to remedy violations.

8.

City. The City of Bishop, California, a general law municipal corporation.

9.

City administrator. The administrative manager or chief executive officer of the city.

10.

City council. The city council as governing, elected legislative body of the city.

11.

Civil penalties. Monetary penalties which can be imposed and recovered by the city through filing a petition in the superior court under the authority of California Government Code sections 54739 and 54740.

12.

Department. The City of Bishop Department of Public Works.

13.

Enforcement action or EA. Any of a series of progressively more stringent measures taken by the department to obtain compliance with the provisions of this chapter, a WDP or order issued hereunder, or any other pretreatment standard or requirement. EAs include, without limitation, informal and letter notices, notice of violations, administrative orders, administrative complaints, WDP revocations, emergency suspensions, terminations of discharge, civil and/or criminal actions and may include monetary fees, costs, fines or penalties.

14.

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

15.

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

Director. The city's director of the department and person designated by the city council to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter. The term also means a duly authorized representative of the director.

17.

Fats, oils and grease or FOG. Those components of wastewater amenable to measurement by methods for the determination of oil and grease described in the current method of standard methods or methods identified in 40 CFR 136. The term "fats, oils and grease" shall include polar and nonpolar fats, oils, and grease and other components extracted from wastewater by these methods.

18.

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

19.

Industrial user or user (significant or non-significant). A person who discharges or causes a discharge of industrial wastewater directly or indirectly to the POTW. Users are "significant" except as provided in subparagraphs (c) and (d):

a.

An industrial user subject to categorical pretreatment standards; or

b.

An industrial user that:

i.

Discharges an average 25,000 gallons or more per day (gpd) of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

ii.

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

iii.

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

c.

The department may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons gpd of total categorical wastewater (excluding

sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

i.

The user, prior to the department's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

ii.

The user annually submits information and certified statements under 40 CFR 403.12(q) and required by this chapter; and

iii.

The user never discharges any untreated concentrated wastewater.

d.

Upon a finding that a user meeting the criteria in subsection (b) has no reasonable potential for adversely affecting the POTW's operation or for violating pretreatment standards, the department may at any time, on its own initiative or in response to a petition received from an user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user is non-significant.

20.

Interference. A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the WDP, or prevents reuse of the treated effluent in compliance with California Code of Regulations Title 22, 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; 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; the Marine Protection, Research, and Sanctuaries Act; and the California Porter-Cologne Water Quality Act.

21.

New source.

a.

Any facility from which there 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.

b.

Construction on a site that alters, replaces, or adds to existing process or production equipment. Construction is considered to be commenced if the owner or operator has begun mobilization of equipment

or materials as any part of a continuous onsite construction program.

22.

Non-compliance costs. Charges issued to a user to recover costs incurred by the department to address user non-compliance, including but not limited to: (1) costs arising out of a user's violations (such as penalties and fines imposed on the city by regulatory agencies and costs of replacing POTW facilities or equipment damaged by a user's noncompliant discharge); (2) the department's administrative costs (staff time) associated with pursuing EAs and investigating/resolving user non-compliance; and (3) actual costs incurred by the department for conducting monitoring, testing, sampling, investigation and inspections required as result user non-compliance.

23.

Notice of violation or NOV. An official written notice from the department to a user stating that a violation of this chapter, a wastewater discharge permit or order issued hereunder or a pretreatment requirement has occurred and requires immediate attention and correction by the user to achieve compliance.

24.

Pass through. A discharge which exits the POTW into a regulated receiving water in quantities or concentrations which, alone or in conjunction with discharge from other sources, is a cause of a violation of any requirement of the WDP conditions.

25.

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.

26.

Pollutant. As defined in 40 CFR 203.3.

27.

Pretreatment. The reduction of pollutants or alteration pollutions properties in wastewater prior to, introducing such pollutants into the POTW.

28.

Publicly owned treatment works or POTW. A treatment works, as defined by section 212 of the Act (33 United States Code section 1292), which is owned and/or operated by the city. "Slug load" or "slug discharge." Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 13.14.020 of this chapter. A slug discharge is any discharge of a nonroutine, 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 or permit conditions.

Wastewater. Liquid and water-carried industrial wastes and sewage from residential dwellings (i.e. human excrement and gray water from household fixtures), commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

30.

Wastewater discharge permit or WDP. The form of authorization issued by the department director to a user for the discharge of wastewater. The WDP sets forth the limits and conditions under which users shall be able to discharge wastewater into POTW.

31.

Wastewater treatment plant or treatment plant. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste, including the industrial wastewater treatment plant located at 980 Poleta Road, Bishop, CA, and any permitted facility owned or operated by the city or other public entity that is designed to treat the city's municipal and/or industrial wastewater.

32.

Working days. Any day except Saturdays, Sundays, and state or federal holidays observed by the city.

(Ord. No. 599, § 2, 12-8-2025)

A.

Prohibited discharge standards.

1.

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

2.

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

a.

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

b.

Wastewater having a pH level less than 5.0 or greater than 9.0, or otherwise causing corrosive structural damage to the POTW or equipment;

c.

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

d.

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

e.

Wastewater having a temperature greater than 140 degrees F (60 degrees C), 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 F (40 degrees C);

f.

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

g.

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

h.

Untreated trucked or hauled pollutants, except at discharge points designated by the director in accordance with subsection 13.14.030(D) of this chapter;

i.

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

j.

Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes, food and beverage processing wastes, and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the WDR permits;

k.

Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;

l.

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

m.

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

n.

Medical wastes, except as specifically authorized by the director in a WDP;

o.

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

p.

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

q.

Fats, oils, or greases of animal or vegetable origin in concentrations greater than concentrations (combined polar and nonpolar oil and grease) that exceed 100 mg/L;

r.

Hazardous waste as defined in 40 CFR Part 261.

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

B.

National Categorical Pretreatment Standards. Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405—471, as may be amended from time to time. The director will develop such standards and concentration or mass limitations as needed for compliance with the standards.

C.

Department's right of revision. The city reserves the right to establish, by ordinance, resolution or in WDPs, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this chapter.

D.

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

(Ord. No. 599, § 2, 12-8-2025)

A.

Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all the prohibitions set out in section 13.14.020 of this chapter within the time limitations specified by the director. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense.

B.

Additional pretreatment measures.

1.

Whenever deemed necessary, the director 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.

2.

The director 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 WDP may be issued solely for flow equalization.

3.

Grease, fat, oil, and sand interceptors shall be provided when, in the opinion of the director, they are necessary for the proper handling of wastewater containing excessive amounts of grease, fat oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired by the user at their expense.

4.

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

C.

Accidental discharge/slug discharge control plans. The director shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The director may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the director may develop such a plan for any user.

D.

Hauled wastewater. Haulers of septic tank waste and industrial waste may be required by the director to obtain WDPs. The director may designate times, locations and load tracking systems for the hauling and discharge of industrial and/or septic waste. The discharge of hauled industrial and septic waste is subject to all other requirements of this chapter.

(Ord. No. 599, § 2, 12-8-2025)

A.

Wastewater analysis. When requested by the director, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. The director is authorized to prepare a form for this purpose and may periodically require users to update this information.

B.

Wastewater discharge permit (WDP) requirement.

1.

No significant industrial user shall discharge wastewater into the POTW without first obtaining a WDP from the director.

2.

The director may require other users to obtain WDPs as necessary to carry out the purposes of this chapter.

3.

Any violation of the terms and conditions of a WDP shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in sections 13.14.070 through 13.14.100 of this chapter. Obtaining a WDP does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.

C.

Wastewater discharge permit (WDP) application contents. All users required to obtain a WDP must submit a permit application. The director shall develop a WDP application form that requires users to submit all

information relevant to the requirements of this chapter, including without limitation the user's identifying information; environmental permit status; proposed operations and operative personnel; the nature, measurement and flow of proposed wastewater discharges; sampling and proposed pretreatment measures; and any other information as may be deemed necessary by the director to evaluate the permit application.

D.

Application completion, certification. All WDP applications shall be signed and certified by the user or an authorized representative of user, containing certification statements reasonably satisfactory to the director. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(Ord. No. 599, § 2, 12-8-2025)

A.

Wastewater discharge permit (WDP) decisions. The director will evaluate the data furnished in a WDP application and may require additional information. If no additional information is needed, within 30 days of receipt of a complete permit application, the director will determine whether to issue a WDP.

B.

Wastewater discharge permit (WDP) duration. A WDP shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A WDP may be issued for a period less than five years, at the discretion of the director. Each WDP will indicate a specific date upon which it will expire.

C.

Wastewater discharge permit (WDP) findings and contents. A WDP shall include such conditions as are found reasonably necessary by the director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, or such reuse of reclaimed water, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

1.

WDPs must contain:

a.

A statement that indicates the WDP issuance date, expiration date and effective date;

b.

A statement that the WDP is nontransferable without prior written consent of the director, and provisions for furnishing the new owner or operator with a copy of the existing WDP;

c.

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

d.

Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These pretreatment requirements shall include an identification of pollutants (or BMPs) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

e.

Statements of indemnity and defense in favor of the city, its employees, agents and officers;

f.

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule; and

g.

Requirements to control slug discharge, if determined by the director to be necessary.

2.

WDPs may contain, but need not be limited to, conditions imposing limits on rates and times of discharge and flows; pretreatment technologies and pollution containment; spill control; user charges and fees for the management of wastewater discharged to the POTW; inspections; statements of compliance with all applicable federal and state pretreatment standards; and other conditions as deemed appropriate by the director to ensure compliance with this ordinance, and state and federal laws, rules, and regulations.

D.

Appeals. The director's decision upon WDP issuance or non-issuance may be appealed to the city council pursuant to section 13.14.110.

(Ord. No. 599, § 2, 12-8-2025)

A.

Baseline monitoring reports. 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 industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the director 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 industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the director 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.

Report contents. Users described above shall submit:

1.

All applicable information required in section 13.14.040;

2.

Measurements of pollutants, including without limitation samples taken immediately downstream from pretreatment facilities or such sampling area as directed by the director, sample analyses as reasonably requested by the director, flow measurements and concentrations, baseline and historical data, and such other information reasonably required by the director;

3.

Compliance certification statements, 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;

4.

A compliance schedule if additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

5.

Signature and report certification. All baseline monitoring reports must be certified and signed by the user or an authorized representative.

C.

Compliance schedule progress reports. The compliance schedule required above shall include progress report, with 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. No increment shall exceed nine months. The user shall submit a progress report to the director in a form and at such times as reasonably required by the director.

D.

Reports on compliance with categorical pretreatment standard deadline. 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 director a report containing the user's long-

term production rate or the user's actual production during the appropriate sampling period, as applicable. All compliance reports must be signed and certified by the user or his/her authorized representative.

E.

Periodic compliance reports. All significant industrial users must, at a frequency determined by the director, submit reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the user. Wastewater monitoring and flow measurement facilities shall be properly operated, clean, and maintained in good working order such that all wastewater samples are representative of the user's discharge. All periodic compliance reports must be signed and certified by the user or his/her authorized representative.

F.

Reports of changed conditions. Each user must notify the director of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least ten days before the change. The director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a new WDP application or the director may elect to modify an existing WDP.

G.

Reports of potential problems. 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, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately notify the director of the incident, the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. Within five days following such discharge, the user shall, unless waived by the director in writing, 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. Nothing herein shall relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.

H.

Reports from unpermitted users. All users not required to obtain a WDP shall provide appropriate reports to the director as the director may require.

I.

Notification of sampling violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the director within 30 days after becoming aware of the violation. Resampling by the industrial user is not required if the

department performs sampling at the user's facility at least once a month, or if the department performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the department receives the results of this sampling, or if the department has performed the sampling and analysis in lieu of the industrial user.

J.

Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a WDP application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including those suggested by the director or other parties approved by EPA.

K.

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

1.

Except as indicated in subsections (2) and (3) below, the user must collect wastewater samples using 24hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the director. Where time-proportional composite sampling or grab sampling is authorized by the director, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics, oil, fat and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the director as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

2.

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

3.

For sampling required in support of baseline monitoring and compliance reports, a minimum of four grab samples must be used for pH; cyanide; total phenols; oil, fat and grease; sulfide and volatile organic compounds for facilities for which historical sampling data do not exist. For facilities for which historical sampling data are available, the director may authorize a lower minimum. For the reports required by section 13.14.060(D) [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number

of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

L.

Date of receipt of reports. 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.

M.

Recordkeeping. Users subject to the reporting requirements of this chapter shall retain, and make available for city inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with BMPs. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years, as may be automatically extended for the duration of any litigation involving the user's compliance with this chapter.

N.

Certification statements. The director is authorized to develop the criteria and statements to be required for certification of permit applications, user reports and any monitoring waiver. The director may also devise and require annual certification statements for non-significant categorical industrial users for purposes of managing compliance with categorical pretreatment standards.

(Ord. No. 599, § 2, 12-8-2025)

A.

Enforcement actions ("EAs") generally. Administrative EAs and remedies, together with the judicial enforcement remedies and other EAs specified elsewhere in this chapter, are authorized for city use under state and federal law, including but not limited to: the Act; the California Porter-Cologne Water Quality Act; the County Water District Law (Water Code sections 30000 to 33901); and Government Code sections 54739—54740.6.

B.

Informal notice; warning notice of non-compliance letter.

1.

Informal notice. Informal notices are issued by department staff under the authority of the director to correct minor infractions resulting in inadvertent non-compliance and may consist of a telephone call,

electronic notice, site visit or informal meeting advising the user of a requirement to complete a compliance action or to exercise more due diligence.

2.

Warning notice of non-compliance letter. The warning notice of non-compliance letter (WNON) is an informal written communication used by department staff under the authority of the director to address minor violations of this chapter, a WDP or order issued hereunder, or any other pretreatment standard or requirement. A WNON may include specific corrective actions required of the user, non-compliance costs and a warning that additional EAs may be pursued if corrective actions are not accomplished.

3.

Notice of violation. When the director finds that a user has violated, or continues to violate, any provision of this chapter, a WDP, or order issued hereunder, or any other pretreatment standard or requirement, the director may serve upon that user a written notice of violation (NOV). The NOV shall be hand delivered or delivered by certified mail with a written receipt of delivery. At a minimum, the NOV shall demand, within timeframes set forth in the NOV, a response to the alleged violation and a plan for satisfactory corrective action and prevention. Submission of such a plan in no way relieves the user of liability for any violations or

non-compliance costs occurring before or after receipt of the NOV. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or other EAs, without first issuing a NOV.

C.

Administrative orders (AOs). The director may require compliance with this chapter, any WDP or order issued hereunder, or any other pretreatment standard or requirement, by issuing administrative orders (AOs) directing users to implement corrective or remedial measures. Such AOs include consent orders (COs), compliance orders (CMOs), and cease and desist orders. AOs may be accompanied by an administrative complaint (AC) specifying proposed administrative civil penalties (ACPs). AOs may incorporate compliance schedules, time frames and may specify non-compliance costs to be paid by the user. AOs issued under this chapter are judicially enforceable, and the director may use AOs, either individually, sequentially, concurrently, or in any order for one or more violations as appropriate for the circumstances. Except as may be specified otherwise in this section, AOs shall be hand-delivered or delivered by certified mail with a written receipt of delivery to the user. AOs may not extend the deadline for compliance established for a pretreatment standard or requirement, nor relieve the user of liability for any violation, including any continuing violation. Issuance of a CMO shall not be a bar against, or a prerequisite for, taking any other action against the user.

D.

Show cause hearing and order.

1.

The director may order a user that has violated, or continues to violate, any provision of this chapter, a WDP, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the city administrator and show cause why a proposed EA should not be taken up to and including discharge

termination (a "show cause hearing"). Notice shall be served on the user specifying the time and place for the hearing, the proposed EA, the reasons for such action, and a request that the user show cause why the proposed EA should not be taken. The show cause hearing notice shall be served personally or by registered or certified mail (return receipt requested) on any authorized representative of the user at least ten working days prior to the hearing.

2.

A show cause hearing shall be conducted in accordance with written procedures to be established by the city administrator in consultation with the city attorney, to be maintained for public review in the office of the city administrator and provided to the user with notice of the show cause hearing. Issuance of a show cause hearing order (SCO) shall not be a bar against, or prerequisite for, taking any other action against the user and such SCO may specify non-compliance costs to be paid by the user and/or may be accompanied by an administrative complaint specifying proposed administrative civil penalties.

E.

Administrative complaint (AC); administrative civil penalties (ACPs). Pursuant to the authority of California Government Code sections 54739 and 54740.5, the director may issue an AC to any user who violates or continues to violate any provision of this chapter, a WDP or order issued hereunder, or any pretreatment standard or requirement adopted or ordered by the city pursuant to this chapter.

1.

The administrative complaint shall be served by personal delivery or certified mail on such user and shall inform the user that a hearing shall be conducted, within 60 days following service. The administrative complaint will allege the act or failure to act that constitutes the violation(s), set forth the provisions of law authorizing civil liability to be imposed and the proposed administrative civil penalty. The matter shall be heard by the city administrator or such hearing officer as he/she may designate.

2.

At the hearing, the user shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with procedures established by the city administrator and approved by the city attorney. A user dissatisfied with the decision of the city administrator or hearing officer may appeal to the city council in the manner specified in section 13.14.110 of this chapter.

3.

The user to whom an administrative complaint has been issued may waive the right to a hearing.

4.

If after the hearing, or appeal, if any, it is found that the user has violated reporting or discharge requirements, the city administrator or hearing officer (or the city council in the event of an appeal), may assess an administrative civil penalty against that user. In determining the amount of the administrative civil penalty, the city administrator or hearing officer (or city council in the event of an appeal) may take into

consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any non-compliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger.

5.

Administrative civil penalties may be imposed as follows:

a.

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

b.

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

c.

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 city.

d.

In an amount which does not exceed $10.00 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.

e.

The amount of any civil penalties imposed under this section and California Government Code section 54740.5 which have remained delinquent for a period of 60 days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. The lien shall be renewable in accordance with the provisions of Code of Civil Procedure sections 683.110 to 683.220, inclusive.

f.

All moneys collected under this section shall be deposited in a dedicated, restricted city fund available for the monitoring, treatment, and control of discharges into the department's POTW or for other mitigation measures.

6.

Unless appealed, orders setting administrative civil penalties shall become effective and final upon issuance thereof, and payment shall be made to the city within 30 days.

Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal, no civil penalties shall be recoverable pursuant to an administrative complaint for any violation for which civil liability is recovered under California Government Code section 54740.

F.

Emergency suspension order. The director may immediately suspend a user's discharge, after giving notice to the user by any means reasonably available, to stop an actual or threatened discharge which the director determines is likely to cause an interference or pass-through or otherwise threatens to interfere with the operation of the treatment works, or which constitutes an imminent or substantial threat to the health, safety or welfare of persons or endangers the environment or property (hereinafter, "emergency condition").

1.

Any user notified of a suspension of its discharge shall immediately cease discharging or eliminate the pollutant or other cause for the suspension. If a user fails to comply immediately with the suspension order, the director may take such steps as deemed necessary, including immediate severance of the connection of the user's facilities to the treatment works, in order to prevent or minimize the emergency condition. The director may allow the user to resume its discharge when the user has demonstrated to the satisfaction of

the director that the emergency condition has been eliminated or reduced to a level determined reasonably acceptable to the director, unless termination proceedings are initiated against the user.

2.

When deemed necessary by the director, for the continuing preservation of public health or safety or for the protection of public or private property, the director may suspend sewer service to any person or persons using the wastewater system in a manner or way to endanger the public health or safety of public or private property. In suspending service, the director may sever all pertinent connections to the public sewer. If such endangerment shall be imminent, then the director may act immediately to suspend sewer service without notice or warning to said person or persons.

3.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement that includes the causes of the harmful contribution and the measures taken to prevent any future occurrence. The written statement shall be submitted to the director five days prior to the date of any show cause or termination hearing, excepting that no hearing shall be required for any action taken by the department in response to an emergency condition under this section.

4.

Recipients of emergency suspension orders remain liable for non-compliance costs.

G.

Discharge termination. Any user who violates the following conditions is subject to discharge termination:

Violation of WDP conditions;

2.

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

3.

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

4.

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

5.

Violation of the pretreatment standards in section 13.14.020 of this chapter; or

6.

Other material violations of this chapter.

Such user will be notified of the proposed discharge termination and be offered an opportunity to show cause hearing as to why the proposed action should not be taken. Exercise of this EA by the city shall not be a bar to, or a prerequisite for, taking any other action against the user. Users subject to discharge termination may be required to pay non-compliance costs.

(Ord. No. 599, § 2, 12-8-2025)

A.

Public nuisance. Discharge of wastewater in any manner in violation of this chapter or of any order issued by the director, as authorized by this chapter, is hereby declared a public nuisance and shall be corrected or abated as directed by the director. Any person creating such a public nuisance is guilty of a misdemeanor.

B.

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, the director may cause the city to seek a petition to the Superior Court for the issuance of a preliminary or permanent injunction or both, as may be appropriate in restraining the continuance of such discharge.

C.

Costs of damage. Any person violating any provisions of this chapter or having a discharge that causes a deposit, obstruction, damage, or any other impairment to water service facilities or the public health shall

become liable to the city for all expense, loss, or damage occasioned the city by reason of such violation or discharge.

D.

Falsifying of information. Any person who knowingly makes any false statements, representation, record, report, plan, or other document filed with the department, director or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be guilty of a misdemeanor.

E.

Termination of service. The city may terminate any industrial WDP issued pursuant to this chapter or terminate or cause to be terminated any wastewater service to any premises if a violation of any provision of this chapter is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance. This provision is in addition to other statutes or rules authorizing termination of service for delinquency in payment.

F.

Civil penalties. Any person who violates any provision of this chapter or permit condition, or who discharges wastewater which causes pollution, or who violates any cease and desist order, prohibition, effluent limitation or national pretreatment standard, shall be liable civilly for a penalty not to exceed $500.00 for each day in which such violation occurs.

G.

Criminal penalties. Any person who intentionally violates any provision of this chapter or permit condition or who discharges wastewater which causes pollution or who violates any cease and desist order, prohibition, effluent limitation or national pretreatment standard shall be liable, upon conviction, for a sum not to exceed $10,000.00 for each day in which such violation occurs, or for imprisonment for not more than one year or both.

H.

Remedies nonexclusive. The city may exercise all legal and equitable remedies available to it in the course of enforcing this chapter. The remedies provided for herein are not intended to be exclusive or establish a waiver of any remedial actions available to the city. Nothing in this ordinance is intended to prevent state and/or federal regulatory agencies from undertaking enforcement actions against users and persons as may otherwise be available due to a violation of this ordinance which also constitutes a violation of federal or state statutes and regulations.

(Ord. No. 599, § 2, 12-8-2025)

A.

Payment of outstanding fees, costs and penalties. The director may decline to issue or reissue a WDP to any user who has failed to pay any outstanding fees, non-compliance costs, fines or penalties incurred as a result of any provision of this ordinance, a previous WDP, or order issued hereunder.

B.

Contractor listing. Users that have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the department.

C.

Liability for non-compliance costs incurred by the department.

1.

Any user found in violation of any requirement adopted or ordered by the department to meet the standards established to protect the department's POTW or to prevent the entry of any wastewater found or suspected to be in violation of any state, federal, or WDP, or any provisions of this ordinance which causes expense, loss, damage or other liability to the department shall be liable to the department for such expense, loss, damage or other liability (non-compliance costs) and shall pay the same to the department in a manner prescribed by the director.

2.

Non-compliance costs can include environmental fines and cleanup costs arising out of, or resulting from, user non-compliance as well as any related cost of defense, settlement, arbitration, and attorney's fees. Non-compliance costs may also be levied to recover any costs incurred by the department to replace or repair POTW facilities or equipment damaged by a user's unauthorized discharge of industrial wastewater.

3.

Non-compliance costs further include, but are not limited to, inspection, monitoring and sampling costs as well as transportation, equipment, and labor costs incurred by the department to investigate and/or demonstrate user non-compliance/compliance, as well as administrative (department staff) time spent in resolution of non-compliance. Administrative non-compliance costs will be based on actual staff hourly time expended to resolve user non-compliance (e.g., issuing NOVs and AOs; engaging in EAs; and conducing additional monitoring, sampling, testing, inspections or investigation as may be required). To the extent standardized hourly rates for administrative time expended in addressing user non-compliance can be established by the department, such standardized rates will be adopted by city resolution and utilized in calculating any non-compliance costs to be assessed.

(Ord. No. 599, § 2, 12-8-2025)

A.

Pretreatment charges, fees and costs. To the extent that such costs may be standardized and expressed as flat fees or hourly rates, the city council, by means of a resolution adopted and amended from time to time after appropriate public notice and hearing, may adopt reasonable fees for reimbursement of the costs of setting up and operating the department's pretreatment program, which may include:

1.

Fees for WDP applications, including the cost of processing such applications;

2.

Fees for routine monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports and certification statements submitted by users (based on staff time expended and costs associated with materials and/or outside testing facilities as may be required);

3.

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

4.

Fees for hearings and appeals pursuant to this chapter;

5.

Fees to recover administrative and legal costs (which are not included in section 13.14.090 above) associated with investigation and regulation of user non-compliance as well as costs associated with EAs taken by the director and department staff to address, regulate or investigate user non-compliance; and

6.

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

(Ord. No. 599, § 2, 12-8-2025)

Any user affected by a definitive decision, action or determination (WDP conditions or denials, SCOs, AC hearing decisions, and other administrative EA determinations) made by director or city administrator pursuant to this chapter, may appeal in writing to the city council by filing with the city clerk written notice of an appeal, setting forth the grounds thereof. Appellant shall file such notice within 30 days after receipt of the notice of the administrative decision concerned. Upon receipt of a notice of appeal, the city clerk shall set the date for hearing the appeal, which shall not be more than 60 days from the date the notice of appeal was filed. The city clerk shall give the appellant written notice of the date, time and place of the hearing on the appeal by certified or registered mail not less than 15 days before the hearing on the appeal. The director and/or city administrator shall be a party to all appeals to the city council.

On appeal, the city council shall follow an order of presentation for a public hearing as to effectively permit appellant and relevant city staff to present their position and support thereof. Strict rules of evidence shall not apply to the presentation of evidence; provided, that any relevant facts may be admitted into evidence at the discretion of the city council. The city council shall determine the weight and credibility of the evidence. The city council shall serve its written decision, including any findings that the city council may make, within 30 days from the conclusion of the hearing. Nothing in the preceding sentence shall be construed to require the making of any findings except as may be required by applicable substantive law governing the appealed decision.

A.

The order of the city council shall be deemed final upon its adoption.

B.

If the user fails to appeal to the city council, or the city council fails to reverse or modify the administrative decision, the administrative decision shall be deemed final.

(Ord. No. 599, § 2, 12-8-2025)