Brentwood Municipal Code Art. 6 Reports and Permits

The director will classify all users in accordance with the principal activity conducted on the premises where the discharge occurs. The purpose of the classification is to facilitate regulation of discharges to the sewerage system on the basis of each user's waste quality, quantity, and flow. The classification shall further provide a means of imposing an appropriate level of oversight, control, and enforcement according to the source of the discharge. The classification system will also allow equitable recovery of city capital and operating costs for the pretreatment program.

Domestic users under normal circumstances will not be required to apply for or receive a wastewater permit as defined in this chapter, providing that said domestic user discharges only domestic sewage.

Industrial users may be subject to wastewater permit requirements depending on the volume, characteristics, and origin of their wastewater discharge. Industrial users may be required to supply such information and data concerning their processes, including discharge samples and wastes generated, as may be necessary for the director to determine whether such user should be designated as Class A, B, C, or D.

A. Class A users are industrial users that are regulated by Federal Categorical Pretreatment Standards. Industrial users may be classified as Class A based on the unusual wastewater constituents and characteristics due to its volume, strength, composition, or its derivation from a hazardous waste or substance, or the potential variability in wastewater constituents and characteristics, or on the potential for increased administrative cost to the city.

B. Class B users are industrial users that discharge more than twenty-five thousand gallons of wastewater to the city sanitary sewer as a daily average, or have the potential to discharge toxic pollutants and must meet the pollutant limitations set by the standard specifications for wastewater discharge limitations. The determination of a Class B user may be based on whether the waste discharge has hazardous pollutants, or whether the discharge is subject to Federal Pretreatment Standards, or whether it has in its untreated wastewater pollutants which are in excess of any pretreatment requirement, or whether it may, in the opinion of the director, have a significant impact, either singularly or in combination with other contributing industries, on the city's ability to meet the objectives of this chapter.

C. Class C users are industrial users that discharge conventional pollutant loads but could by themselves or combined with flow from another industry overload the wastewater treatment plant, causing the plant to violate NPDES permit limits. The determination of a Class C user may be based on the issue of whether the user stores and/or uses hazardous substances in such quantities in its industrial or commercial processes as may, in the determination of the director, have the potential to be discharged to the sewerage system by accident or through a slug discharge, causing a measurable increase in the amount of hazardous substances entering the city's facilities.

D. Class D users are users that discharge wastewater from projects not associated with normal industrial or manufacturing processes. Projects may include, but are not limited to, groundwater cleanup, site remediation, trenching, excavation and leachate extraction.

(Ord. 941 § 2, 2015)

A. The director may require any user to file a periodic report. The report may include, but need not be limited to, the nature of the process, volume, rates of flow, hours of operation, number and classification of employees, or other information which relates to the generation of waste including wastewater constituents and characteristics in the wastewater discharge or alternate means of disposal. Such report may also include the chemical constituents of liquid or gaseous materials stored on site even though they may not normally be discharged. In addition to reports, the director may require information in the form of permit applications, self-monitoring reports, status reports, technical reports, hazardous waste disposal records, operation and maintenance records, compliance reports and compliance schedule progress reports.

B. Class A and Class B users shall submit an annual report to the director. This annual report shall, at a minimum, contain the following:

1. The nature and concentration of pollutants which are limited by pretreatment requirements or which are specified in the permit or permit contract for each regulated waste stream.

2. A record of average daily flow for the reporting period for each regulated waste stream.

3. Methods utilized by the user in collecting the wastewater sample for analysis, including, but not limited to, the sampling device(s) used, the sampling period, the amount of each sample collected, sample handling and preservation techniques used, and date of sample delivery to the laboratory for analysis.

C. The director may impose mass limitations on users where the imposition of mass limitations are appropriate. In such cases the annual reports shall indicate the mass of pollutants regulated by pretreatment requirements in the effluent of the user. These reports shall include the flow, concentration, and mass of pollutants regulated by the applicable pretreatment requirement.

D. All industrial users shall promptly notify the director by any standard means of communication in advance of any change in character or significant volume of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under local, federal or state notification requirements. Proposed discharge shall not commence without prior director approval. A written request must be submitted not less than thirty days prior to commencement of any proposed discharge.

E. All industrial users shall notify the director, 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 shall include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous number and the type of discharge (e.g., continuous, batch or other).

1. If the discharge exceeds one hundred kilograms of hazardous waste or any amount of acute hazardous waste in any calendar month the notification shall also contain the following information: an identification of the hazardous constituents contained in the wastes, the mass and concentration of such constituents in the waste stream discharged during that calendar month and the mass of the constituents in the waste stream expected to be discharged during the following twelve months.

2. In the case of any notification made under this paragraph, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated.

F. Within one hundred eighty days after the effective date of a categorical pretreatment standard or one hundred eighty days after the final administrative decision made upon a category determination submission under 40 CFR Part 403.6(a)(4), whichever is later, existing users subject to such categorical pretreatment standards (including Class A and B users) and currently discharging to or scheduled to discharge to the POTW are required to submit to the director a baseline monitoring report. At least ninety days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical pretreatment standard, are required to submit to the director a BMR. The BMR shall contain the information as required in 40 CFR Part 403.12(b).

(Ord. 941 § 2, 2015)

Industrial users may be required to obtain a permit if their discharge is regulated by any provisions of these regulations, state or federal regulations, or at the discretion of the director. All industrial users proposing to discharge into the city sanitary sewer shall complete and file with the director, a permit application accompanied by the applicable permit fee within sixty days of the commencement of operation causing discharge. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information, including, but not limited to:

A. Name, address and the SIC of applicant;

B. Wastewater constituents and characteristics including, but not limited to, those mentioned in these regulations or state or Federal Pretreatment Standard or otherwise requested by the director, as determined by a state certified laboratory;

C. Time and duration of discharge;

D. Average daily and peak maximum wastewater flow rates, including daily, monthly and seasonal variations, if any;

E. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation;

F. Description of activities, facilities and plant processes on the premises including all materials, processes and types of materials which are or could be discharged;

G. Each product produced by type, amount, and rate of production;

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

I. Number and type of employees, and hours of work;

J. Spill prevention and emergency response plans;

K. Pollution prevention plan;

L. Storm water pollution prevention plan and monitoring plan;

M. Number, type, and volume/amount of hazardous substances stored on the premises and a description of the variety of the method of storage and/or the containment device for such substances;

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

(Ord. 941 § 2, 2015)

Under the following circumstances a new or amended permit application and applicable permit fee must be filed with the director:

A. Upon change of ownership of the premises served; or

B. Upon change of occupancy; or

C. Upon change of any activity resulting in a change in the type of industrial/hazardous wastewater generated.

(Ord. 941 § 2, 2015)

Permits shall be subject to all provisions of these regulations and all other regulations, user charges and fees established by the city council. The conditions of permits shall be uniformly enforced by the director in accordance with these regulations, and applicable state and federal regulations. Permits may contain restrictions and requirements including, but not limited to, the following:

A. Separation of industrial wastewater from domestic sewage prior to discharge to the city sanitary sewer.

B. Limits on the average and maximum wastewater constituents and characteristics, flow rate and limits on the time of discharge or requirements for flow regulation/equalization;

C. Requirements for installation of inspection and sampling facilities;

D. Pretreatment requirements;

E. Compliance schedules;

F. Specifications for self-monitoring programs which may include sampling locations, frequency, and method of sampling, number, types and standards for tests, and reporting schedules;

G. Requirements for submission of technical reports, progress reports or discharge reports;

H. Requirements to pay applicable wastewater charges or fees pursuant to Section 13.04.1100 within thirty days of invoice;

I. Requirements for maintaining plant records relating to wastewater discharge as specified by the director, and allowing access to those records;

J. Establish mean and maximum mass emission rates, or other appropriate limits when conventional pollutants or toxic pollutants are proposed or present in the user's wastewater discharge;

K. Requirements for providing the director with design and construction plans and specifications of the wastewater pretreatment facility whether proposed or in existence;

L. Requirements for providing the director with plans and specifications of the user's industrial or commercial operation and/or processes, including such other information as the director may reasonably request that pertains to the industrial user's operation;

M. Requirements for notification of any planned alteration of the proposed or existing wastewater pretreatment system;

N. Requirements for providing access to city personnel at all reasonable times to conduct sampling and/or inspection of any and all processes which can contribute to the waste stream, including the actual wastewater discharge;

O. The prohibition of dilution as partial or complete substitute for adequate treatment to achieve compliance with permit conditions;

P. Identification of applicable BMPs to be employed to control discharge quality from the processes used at the facility; and

Q. Other conditions or requirements as deemed appropriate by the director to ensure compliance with these regulations.

(Ord. 941 § 2, 2015)

The director shall require Class A industrial users to enter into a wastewater discharge permit contract for connecting to or contributing wastewater to the sewerage system. The wastewater discharge permit contract shall incorporate the provisions of this chapter by reference including all requirements and standards as may be set forth herein or promulgated by the city council by resolution. The wastewater discharge permit contract may contain all of the permit provisions set forth in Section 13.04.620. In addition, the permit contract may contain additional provisions, including, but not limited to, the following:

A. Requirements for providing proof of insurance, indemnification of the city, and bonding in order to adequately protect the city, in its judgment, from the potential of the increased exposure to liability due to the user's discharge.

B. Provisions for termination of the permit contract and wastewater sewer service for violation of this chapter or other wastewater permit contract conditions.

C. Any and all other conditions as may be deemed appropriate by the director to ensure compliance with all provisions of this chapter and the objectives set forth herein.

(Ord. 941 § 2, 2015)

The director may modify a wastewater permit or permit contract anytime for any reason, including, but not limited to:

A. When a new Federal Categorical Pretreatment Standard is promulgated.

B. If the director determines it is necessary in order to comply with the objectives of the chapter to impose more stringent limitations or requirements on discharges to the city sanitary sewer than are set forth in an existing permit.

C. When sampling and evaluation program indicates noncompliance and the permit is modified through an ECSA.

(Ord. 941 § 2, 2015)

Permits or permit contract shall be issued for a specified time period, not to exceed five years. If the user is not notified by the city thirty days prior to the expiration of the permit, the permit shall be extended one additional year.

(Ord. 941 § 2, 2015)

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

(Ord. 941 § 2, 2015)

The director may refuse to issue a permit or permit contract if any one or more of the following conditions exist:

A. Appropriate charges and fees are not paid within thirty days of permit or permit contract issuance.

B. The application for a permit or permit contract contains false or misleading information.

C. The issuance of the permit or permit contract would result in the discharge of industrial wastes of such quantity or strength that the public health or safety, or public or private property are endangered.

D. The issuance of the permit or permit contract would cause the POTW to violate any NPDES permit conditions, laws, or regulations of the state and/or federal government.

E. The applicant has not provided plans for sufficient protection from accidental discharges to the sanitary sewer system or the environment.

(Ord. 941 § 2, 2015)

Except as may be exempt from disclosure by the California Public Records Act (Government Code Section 6250 et seq.), all information and data on a user obtained from reports, questionnaires, permit applications, permits, permit contracts and monitoring programs and from inspections shall be available to the public or other governmental agency.

When requested by the person furnishing a report, 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 to governmental agencies for use in making studies; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.

As outlined in 40 CFR Parts 403.8 and 403.14 and under Section 308 of the Clean Water Act (33 USC Section 1318), all information contained in an industrial user's file and/or submitted by an industrial user will be available at all times to the Environmental Protection Agency.

The city shall not be liable in damages to any permit or permit contract applicant or user for any negligent disclosure of any information furnished to the city.

(Ord. 941 § 2, 2015)

All reports, permit applications or agreements shall be signed as follows: by an authorized corporate officer(s), if the user is a corporation; by a general partner or proprietor if the user is a partnership or sole proprietorship respectively; by a duly authorized representative of the designated individual above provided the authorization is submitted in writing to the city.

If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the signatory requirements above shall be submitted prior to or together with any reports to be signed by an authorized representative of industrial user.

Any person signing reports, permit applications or agreements shall make the following certification:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

(Ord. 941 § 2, 2015)