Burbank Municipal Code Art. 5 Industrial Waste and Disposal

8-1-501.1: DISCHARGE PROHIBITIONS:

A. GENERAL PROHIBITIONS: No person 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 and public sewers whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements.

B. SPECIFIC PROHIBITIONS: No user shall introduce or cause to be introduced into the POTW or public sewer the following pollutants, substances, or wastewater:

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

(2) Wastewater having a pH less than 5.0 or more than 11.0 following Federal Standards for unpermitted Industrial Users, or otherwise causing corrosive structural damage to the POTW, public sewer, or equipment;

(3) Wastewater having a pH less than 5.5 or more than 9.5 following Local Limits for permitted Industrial Users, or otherwise causing corrosive structural damage to the POTW, public sewer, or equipment;

(4) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW and/or public sewer resulting in interference but in no case solids greater than three-eighths inch(es) (3/8") or one centimeter (1 cm) in any dimension;

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

(6) Wastewater having a temperature greater than 140°F (60°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°F (40°C);

(7) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

(8) 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;

(9) Trucked or hauled pollutants, except at discharge points designated by the Director in accordance with Section 8-1-502.4 of this chapter;

(10) 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;

(11) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the City’s NPDES permit;

(12) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;

(13) Storm water, 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;

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

(15) Medical wastes, except as specifically authorized by the Director in a wastewater discharge permit;

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

(17) Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;

(18) Any waste or wastewater, if in the opinion of the Director, the discharge may have an adverse or harmful effect on the sewerage system, sewers, maintenance personnel, wastewater treatment plant personnel or equipment, treatment plant effluent quality, or public or private property, or may otherwise endanger ecological systems or create a public nuisance.

C. 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 and/or public sewer. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 16-3,889, eff. 1/20/17; 3721.]

8-1-501.2: NATIONAL CATEGORICAL PRETREATMENT STANDARDS:

The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated into this chapter.

A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

B. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Director may impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).

C. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

D. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-501.3: STATE PRETREATMENT STANDARDS:

State pretreatment standards located at California Water Code Section 13000 et seq., are hereby incorporated. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-501.4: LOCAL LIMITS:

Local limits listed below apply at the point where the wastewater is discharged to the POTW and/or public sewer. All concentrations for metallic substances are for “total” metal unless indicated otherwise. The Director may impose mass limitations in addition to, or in place of, the concentration based limitations.

Except where more restrictive limitations are imposed by permit or national categorical pretreatment standards, no person shall introduce wastewater to the POTW that exceeds the following limitations at all times. The local limits are instantaneous maximum limits.

Arsenic 3 mg/l Cadmium 15 mg/l Chloride 275 mg/l Chromium (hexavalent) 3 mg/l Chromium (total) 10 mg/l Copper 15 mg/l Cyanide (total) 10 mg/l Cyanide (free) 2 mg/l Dissolved sulfides 0.1 mg/l Lead 5 mg/l Nickel 12 mg/l pH range 5.5-9.5 s.u. Phenols 1.5 mg/l Selenium 1 mg/l Silver 5 mg/l Sulfate 420 mg/l Suspended solids (shall not include 1,000 mg/l hydroxide of heavy metals and toxicants) Total dissolved solids 1,200 mg/l Zinc 25 mg/l Dispersed oil and grease (total) 300 mg/l Floatable oil and grease None visible

[Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 19-3,927, eff. 1/17/20; 3784.]

8-1-501.5: CITY’S RIGHT OF REVISION:

The City reserves the right to establish, by municipal code, resolution, or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW and public sewer. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-501.6: 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. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-502.1: PRETREATMENT FACILITIES:

Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 8-1-501.1 of this article within the time limitations specified by EPA, the State, or the Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Director for review, and shall be acceptable to the Director before such facilities are constructed. The review and/or acceptance of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this chapter. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-502.2: ADDITIONAL PRETREATMENT MEASURES:

A. 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 a POTW or public sewer and determine the user’s compliance with the requirements of this chapter.

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

C. Grease interceptors or traps, oil separators, and/or grit 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 and oil, or grit; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors, traps, and/or separators shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.

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

E. Food service establishment (FSE) requirements. FSEs are required to install, operate, and maintain an approved type and adequately sized, remotely located and readily accessible, grease interceptor, unless a conditional waiver is granted by the Director. All FSEs to be newly constructed are subject to grease interceptor requirements. Existing FSEs with planned modifications having a building permit

valuation of fifty thousand dollars ($50,000.00) or more are also subject to grease interceptor requirements.

All grease interceptors must be approved by the Director. At the sole discretion of the Director, an FSE determined to have no immediate adverse impact on the public sewer may be granted a conditional waiver from grease interceptor installation requirements. The Director may, at any time, revoke this conditional waiver and require the FSE to install a grease interceptor. If an FSE can demonstrate that installation of a grease interceptor is not feasible due to space constraints or other considerations, the Director may issue a variance from grease interceptor requirements and authorize the installation of alternative grease removal devices. Alternative grease removal devices include, but are not limited to, devices that are used to trap, separate and hold grease from wastewater and prevent it from being discharged into the public sewer. All alternative grease removal devices must be approved by the Director, on a case by case basis. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-502.3: ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS:

The Director may evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

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

B. Description of stored chemicals;

C. Procedures for immediately notifying the Director of any accidental or slug discharge, as required by Section 505.6 of this chapter; and

D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-502.4: HAULED WASTEWATER:

Hauled wastewater, except for recreational vehicles disposed in an approved dump location, may not be disposed to the POTW or public sewer. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-503.1: WASTEWATER ANALYSIS:

When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within thirty (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. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-503.2: CONTROL MECHANISM REQUIREMENT:

A. No significant industrial user shall discharge wastewater into the POTW and/or public sewer without first obtaining a wastewater discharge permit from the Director, except that a significant industrial user that has filed a timely application pursuant to Section 8-1-503.3 of this article may continue to discharge for the time period specified therein.

B. The Director may require other users to obtain control mechanisms as necessary to carry out the purposes of this chapter.

C. Any violation of the terms and conditions of a control mechanism shall be deemed a violation of this chapter and subjects the user to the sanctions, fines, or penalties set out in Sections 8-1-509 through 8-1-511 of this article. Obtaining a control mechanism does not relieve a user 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. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-503.3: ISSUING CONTROL MECHANISMS; EXISTING CONNECTIONS:

Any user required to obtain a control mechanism who was discharging wastewater into the POTW and/or public sewer prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the Director for a control mechanism in accordance with Section 8-1-503.5 of this article, and shall not cause or allow discharges to the POTW and/or public sewer to continue after ninety (90) days of the effective date of this chapter except in accordance with a control mechanism issued by the Director. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-503.4: ISSUING CONTROL MECHANISMS; NEW CONNECTIONS:

Any user required to obtain a control mechanism who proposes to begin or recommence discharging into the POTW or public sewer must obtain such control mechanism prior to the beginning or recommencing of such discharge. An application for this control mechanism, in accordance with Section 8-1-503.5 of this article, must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-503.5: WASTEWATER DISCHARGE PERMIT APPLICATION CONTENTS:

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

A. All information required by subsection 8-1-505.1B of this article;

B. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW and/or public sewer;

C. Number and type of employees, and hours of operation;

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

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

F. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

G. Time and duration of discharges; and

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

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-503.6: APPLICATION SIGNATORIES AND CERTIFICATION:

All wastewater discharge applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

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

[Added by Ord. No. 3677, eff. 8/20/05.]

8-1-503.7: CONTROL MECHANISM DECISIONS:

The Director will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge application, the Director will determine whether or not to issue a control mechanism. The Director may deny any application for a control mechanism. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-504.1: CONTROL MECHANISM DURATION:

A. A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.

B. Wastewater discharge authorization shall be issued for an indefinite time period, subject to review and reconsideration at the discretion of the Director.

C. Special agreements shall be issued for a specified time period, set forth in the terms of the special agreement. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-504.2: CONTROL MECHANISM CONTENTS:

A control mechanism shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW, and/or public sewer.

A. Wastewater discharge permits must contain:

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

(2) A statement that the wastewater discharge permit may only be transferred in accordance with Title 8-1-504.5.

(3) Effluent limitations, including Best Management Practices, based on applicable pretreatment standards.

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

(5) A statement of applicable civil and criminal penalties for violations of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, and local law.

B. Waste Discharge Permits may contain, but need not be limited to, the following conditions:

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

(2) Requirements for the installation and maintenance of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the City’s collection system;

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

(4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the City’s collection system;

(5) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the City’s collection system;

(6) Requirements for the installation and maintenance of inspection and sampling facilities and equipment;

(7) A statement that compliance with the Waste Discharge Permit does not relieve the permittee of responsibility for compliance with all applicable Federal, State pretreatment standards, including those which become effective during the term of the Waste Discharge Permit;

(8) When the limits in a categorical Pretreatment Standard are expressed only in terms of pollutant concentrations, an Industrial User may request that the Control Authority convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Director. The Director may establish equivalent mass limits only if the Industrial User meets all the following conditions:

(a) To be eligible for equivalent mass limits, the Industrial User must:

(1) Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its control mechanism;

(2) Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical Pretreatment Standard, and not have used dilution as a substitute for treatment;

(3) Provide sufficient information to establish the facility’s actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility’s long- term average production rate. Both the actual average daily flow rate and long-term average production rate must be representative of current operating conditions;

(4) Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the Discharge; and

(5) Have consistently complied with all applicable categorical Pretreatment Standards during the period prior to the Industrial User’s request for equivalent mass limits.

(b) An Industrial User subject to equivalent mass limits must:

(1) Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

(2) Continue to record the facility’s flow rates through the use of a continuous effluent flow monitoring device;

(3) Continue to record the facility’s production rates and notify the Director whenever production rates are expected to vary by more than 20 percent from its baseline production rates determined in paragraph (B)(8)(a)(3) of this section. Upon notification of a revised production rate, the Director must reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

(4) Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to paragraph (B)(8)(a)(1) of this section so long as it discharges under an equivalent mass limit.

(c) If the Director chooses to establish equivalent mass limits, they:

(1) Must calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the Industrial User by the concentration-based daily maximum and monthly average Standard for the applicable categorical Pretreatment Standard and the appropriate unit conversion factor;

(2) Upon notification of a revised production rate, must reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

(3) May retain the same equivalent mass limit in subsequent control mechanism terms if the Industrial User’s actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to paragraph 40 CFR 403.6(d). The Industrial User must also be in compliance with 40 CFR 403.17 (regarding the prohibition of bypass).

(4) The Director may not express limits in terms of mass for pollutants such as pH, temperature, radiation, or other pollutants which cannot appropriately be expressed as mass.

(9) The Director may convert the mass limits of the categorical Pretreatment Standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual Industrial Users. The conversion is at the discretion of the Director.

(10) Once included in its permit, the Industrial User must comply with the equivalent limitations developed in this Section (8-1-504.2) in lieu of the promulgated categorical Standards from which the equivalent limitations were derived.

(11) Many categorical Pretreatment Standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum Monthly Average, or 4-day average limitations. Where such Standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

(12) Any Industrial User operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based Standard shall notify the Director within two (2) business days after the User has a reasonable basis to know that the production level will significantly change within the next calendar month. Any User not notifying the Director of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.

(13) The Director may authorize the Industrial User subject to a categorical Pretreatment Standard to forego sampling of a pollutant regulated by a categorical Pretreatment Standard if the Industrial User has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the Discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the Industrial User. This authorization is subject to the following conditions:

(a) The Director may authorize a waiver where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical Standard and otherwise includes no process wastewater.

(b) The monitoring waiver is valid only for the duration of the effective period of the Permit or other equivalent individual control mechanism, but in no case longer than 5 years. The User must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.

(c) In making a demonstration that a pollutant is not present, the Industrial User must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes. The request for a monitoring waiver must be signed in accordance with 40 CFR 403.12(l) and include the certification statement in 40 CFR 403.6(a)(2)(ii). Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

(d) Any grant of the monitoring waiver by the Director must be included as a condition in the User’s control mechanism. The reasons supporting the waiver and any information submitted by the User in its request for the waiver must be maintained by the Control Authority for 3 years after expiration of the waiver.

(e) Upon approval of the monitoring waiver and revision of the User’s control mechanism by the Director, the Industrial User must certify on each report with the statement below, that there has been no increase in the pollutant in its wastestream due to activities of the Industrial User: “Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR _______ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ______ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under 40 CFR 403.12(e)(1).”

(f) In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the User’s operations, the User must immediately: Comply with the monitoring requirements of 40 CFR 403.12(e)(1) or other more frequent monitoring requirements imposed by the Director, and notify the Director. (g) This provision does not supersede certification processes and requirements established in categorical Pretreatment Standards, except as otherwise specified in the categorical Pretreatment Standard; and

(14) Other conditions as deemed appropriate by the Director to ensure compliance with this Chapter, and State and Federal laws, rules, and regulations.

C. Wastewater Discharge Authorizations

(1) Wastewater discharge authorizations must contain:

(a) A statement that indicates wastewater discharge authorization duration, which shall be indefinite, subject to review and reconsideration at the discretion of the Director;

(b) A statement that the wastewater discharge authorization is non-transferable;

(c) A statement that any discharge of wastewater is subject to technically based limits on constituents and characteristics;

(d) Reporting, notification, and record-keeping requirements;

(e) A statement of applicable penalties for violation(s) of this Chapter; and

(f) A statement that compliance with the wastewater discharge authorization does not relieve the user of responsibility for compliance with all applicable Federal, State, and City pretreatment standards, including those which become effective subsequent to issuance of the authorization.

(2) Wastewater discharge authorizations may contain:

(a) Requirements for the development and implementation of spill control or waste minimization plans, or other special conditions necessary to adequately prevent accidental, unanticipated, non-routine discharges and reduce the amount of pollutants discharged to the public sewer; and

(b) Other conditions as deemed appropriate by the Director to ensure compliance with this Chapter, and State and Federal laws, rules, and regulations.

D. Special Agreements

(1) Special Agreements must contain:

(a) A statement that indicates the purpose and duration of the agreement, including any clauses which may cause the agreement to be prematurely terminated;

(b) Terms and conditions which the user must comply with during the term of the agreement;

(c) Services the City will provide the user during the term of the agreement;

(d) A statement of applicable penalties for violation(s) of the terms of the agreement; and

(e) The terms and conditions under which the agreement may be extended.

(2) Special Agreements may contain any and all conditions deemed appropriate by the signatories that are necessary to complete the agreement and ensure compliance with applicable laws, rules, and regulations.

E. No control mechanism shall waive a user’s requirement to comply with National Categorical Pretreatment Standards, as set forth in 40 CFR 405-471, as amended.

F. A control mechanism may, under the provisions of 8-1-512.3 Bypass, set forth Interim Limits for pollutants regulated solely under 8-1-501.4 Local Limits designed to minimize adverse effects. Interim Limits may be less stringent than Local Limits provided discharges meeting said Interim Limits do not result in upset of, interference to, and pass-through by the Burbank Water Reclamation Plant. Interim limits may be in effect for a period not to exceed 60 calendar days. Any exceedance of interim limits shall be deemed a discharge violation subject to the enforcement provisions of this Ordinance and the City’s Enforcement Response Plan. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3784, eff. 7/30/10; 3739, 3721.]

8-1-504.3: WASTEWATER DISCHARGE PERMIT APPEALS:

The Director may provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Director to reconsider the terms of a wastewater discharge permit within thirty (30) days of notice of its issuance.

A. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

B. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for any objections, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

C. The requirements of the wastewater discharge permit shall not be stayed pending the appeal.

D. If the Director fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit may be appealed according to Section 2-1-1501 of this code. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-504.4: WASTEWATER DISCHARGE PERMIT MODIFICATION:

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

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

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

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

D. Information indicating that the permitted discharge poses a threat to the City’s POTW and/or public sewer, City personnel, or the receiving waters;

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

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

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

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

I. To reflect a transfer of the facility ownership or operation to a new owner or operator. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-504.5: WASTEWATER DISCHARGE PERMIT TRANSFER:

Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the Director and the Director approves the wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which:

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

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

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

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-504.6: WASTEWATER DISCHARGE PERMIT REVOCATION:

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

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

B. Failure to provide prior notification to the Director of changed conditions pursuant to Section 8-1-505.5 of this ordinance;

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

D. Falsifying self-monitoring reports;

E. Tampering with monitoring equipment;

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

G. Failure to meet effluent limitations;

H. Failure to pay fines;

I. Failure to pay sewer charges;

J. Failure to meet compliance schedules;

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

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

M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-504.7: WASTEWATER DISCHARGE PERMIT REISSUANCE:

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 8-1-503.5 of this article, a minimum of forty five (45) days prior to the expiration of the user’s existing wastewater discharge permit. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-504.8: REGULATION OF WASTE RECEIVED FROM OTHER JURISDICTIONS:

If another municipality, or user located within another municipality, contributes wastewater to the POTW and/or public sewer, the Director may enter into an inter-municipal agreement with the contributing municipality. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-505.1: BASELINE MONITORING REPORTS:

A. Within either one hundred eighty (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 industrial users subject to such categorical pretreatment standards currently discharging to or scheduled to discharge to the POTW and/or public sewer shall submit to the Director a report which contains the information listed in subsection B of this section.

At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become 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 of this section. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards.

B. Users described above shall submit the information set forth below. New sources shall give estimates of the information requested in subsections B4 and B5 of this section:

(1) Identifying Information: The user shall submit the name and address of the facility including the name of the operator and owners;

(2) Permits: The user shall submit a list of any environmental control permits held by or for the facility;

(3) Description of Operations: The user shall submit a brief description of the nature, average rate of production, and NAICS of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(4) Flow Measurement: The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

(a) Regulated process streams; and

(b) Other streams as necessary to allow use of the combined wastestream formula of Section 403.6(e). (See subsection B5e of this section.)

The Director may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

(5) Measurement of Pollutants:

(a) The user shall identify the pretreatment standards applicable to each regulated process;

(b) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the Director) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations;

(c) A minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, twenty four (24) hour composite samples must be obtained through flow proportional composite sampling techniques where feasible. The Director may waive flow proportional composite sampling for any user that demonstrates that flow proportional sampling is infeasible. In such cases, samples may be obtained through time proportional composite sampling techniques or through a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.

(d) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.

(e) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR Section 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR Section 403.6(e) this adjusted limit along with supporting data shall be submitted to the Director;

(f) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto. Where 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 analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the EPA;

(g) The Director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;

(h) The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW;

(6) Certification: A statement, reviewed by an authorized representative of the user (as defined by 40 CFR 403.12(l)) and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet the pretreatment standards and requirements; and

(7) Compliance Schedule: If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards; the shortest schedule by which the user will provide such additional pretreatment and/or operation and maintenance. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

(a) Where the user’s categorical pretreatment standard has been modified by a removal allowance (40 CFR Section 403.7), the combined wastestream formula (40 CFR Section 403.6(e)), and/or a fundamentally different factors variance (40 CFR Section 403.13) at the time the user submits the report required by this subsection B, the information required by subsection B6 of this section and this subsection B7 shall pertain to the modified limits.

(b) If the categorical pretreatment standard is modified by a removal allowance (40 CFR Section 403.7), the combined wastestream formula (40 CFR Section 403.6(e)), and/or a fundamentally different factors variance (40 CFR Section 403.13) after the user submits the report required by this subsection B, any necessary amendments to the information requested by subsection B6 of this section and this subsection B7 shall be submitted by the user to the director within sixty (60) days after the modified limit is approved. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3784, eff. 7/30/10.]

8-1-505.2: COMPLIANCE SCHEDULE PROGRESS REPORTS:

The following conditions shall apply to the compliance schedule required by subsection 8-1-505.1B7 of this article:

A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

B. No increment referred to above shall exceed nine (9) months;

C. The user shall submit a progress report to the Director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

D. In no event shall more than nine (9) months elapse between such progress reports to the Director. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-505.3: REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARD DEADLINE:

Within ninety (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 and/or public sewer, any user subject to such pretreatment standards and requirements shall submit to the Director a report containing the information described in subsections 8-1-505.1B4 through B6 of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user’s long term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 8-1-503.6 of this article. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-505.4: PERIODIC COMPLIANCE REPORTS:

A. All Significant Industrial Users shall submit to the Director at least once every six months (on dates specified by the Director) a description of the nature, concentration, and flow of the pollutants required to be reported by the Director. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR part 136 and amendments thereto. Where 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 analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other persons, approved by the EPA. This sampling and analysis may be performed by the Director in lieu of the significant industrial user. Where the Director collects all the information required for the report, the significant industrial user will not be required to submit the report. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (or pollution prevention alternative), the User shall submit documentation required by the Director or the Pretreatment Standard necessary to determine the compliance status of the User. At the discretion of the Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Director may modify the months during which the above reports are to be submitted.

B. If a User subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director, using the procedures prescribed in Sections 8-1-505.10 and 8-1-505.11 of this chapter, the results of this monitoring shall be included in the report.

C. All periodic compliance reports must be signed and certified in accordance with Section 8-1-503.6 of this chapter. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3784, eff. 7/30/10; 3721.]

8-1-505.5: REPORTS OF CHANGED CONDITIONS:

Each user must promptly notify the Director of any planned significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater in advance of the change.

A. 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 wastewater discharge permit application under Section 8-1-503.5 of this article.

B. The Director may issue a wastewater discharge permit under Section 8-1-503.7 of this article or modify an existing wastewater discharge permit under Section 8-1-504.4 of this article in response to changed conditions or anticipated changed conditions.

C. For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent (20%) or greater, and the discharge of any previously unreported pollutants. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-505.6: REPORTS OF POTENTIAL PROBLEMS:

A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW and/or public sewer, the user shall immediately telephone and notify the Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

B. Within five (5) days following such discharge, the user shall, unless waived by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW and/or public sewer, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.

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

D. Significant Industrial Users are required to notify the Director immediately of any changes at its facility affecting the potential for a Slug Discharge. [Added by Ord. No. 3739, eff. 5/23/08; 3677.]

8-1-505.7: REPORTS FROM UNPERMITTED USERS:

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as the Director may require. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-505.8: NOTICE OF 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 thirty (30) days after becoming aware of the violation. Where the Director has performed the sampling and analysis in lieu of the Industrial User, the Director must perform the repeat sampling and analysis unless it notifies the User of the violation and requires the User to perform the repeat analysis. Resampling is not required if the Director performs sampling at the Industrial User at a frequency of at least once per month, or the Director performs sampling at the User between the time when the initial sampling was conducted and the time when the User or the Director receives the results of this sampling. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-505.9: NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE:

A. The discharge of hazardous waste is prohibited unless specific authorization is given by the Director.

B. In the event of a discharge of hazardous waste, the discharger shall notify the City, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the User discharges more than one hundred (100) kilograms of such waste to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the User: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences.

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

D. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3784, eff. 7/30/10.]

8-1-505.10: ANALYTICAL REQUIREMENTS:

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-505.11: 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.

A. Except as indicated in subsection B of this section, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Director may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

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

[Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3784, eff. 7/30/10.]

8-1-505.12: TIMING:

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-505.13: RECORD KEEPING:

Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. In addition, users implementing Best Management Practices (BMPs) must document all BMP activities, and retain these records. All of these records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Director. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 16-3,889, eff. 1/20/17; 3721.]

8-1-506.1: RIGHT OF ENTRY; INSPECTION AND SAMPLING:

The Director shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

A. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director will be permitted to enter without delay for the purposes of performing specific responsibilities.

B. The Director shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.

C. The Director may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated semiannually to ensure their accuracy.

D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the user.

E. Unreasonable delays in allowing the Director access to the user’s premises shall be a violation of this chapter. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-506.2: INSPECTION WARRANTS:

If the Director has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Director may seek issuance of an inspection warrant. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Director’s inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. [Added by Ord. No. 3677, eff. 8/20/05.]

The Director may publish annually, in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW of Industrial Users which, at any time, during the previous 12 months, were in significant noncompliance with applicable Pretreatment requirements. The term Significant Noncompliance is defined in Section 8-1-102. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-509.1: NOTIFICATION OF VIOLATION:

When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may serve upon that user a written notice of violation. Within fifteen (15) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Director. A user may contest the finding(s) set forth in the notice of violation. Submission of a plan or

contesting the finding(s) in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-509.2: CONSENT ORDERS:

The Director may enter into consent orders, assurances of voluntary compliance, or other similar arrangements or plans establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 8-1-509.4 and 8-1-509.5 of this article and shall be judicially enforceable. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-509.3: SHOW CAUSE HEARING:

The Director may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least thirty (30) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-509.4: COMPLIANCE ORDERS:

When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated to the satisfaction of the Director. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-509.5: CEASE AND DESIST ORDERS:

When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

A. Immediately comply with all requirements; and

B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-509.6: ADMINISTRATIVE FINES:

A. When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may fine such user in an amount not to exceed one thousand dollars ($1,000.00). Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.

B. Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of five percent (5%) of the unpaid balance, and interest shall accrue thereafter at a rate of five percent (5%) per month. A lien against the user’s property will be sought for unpaid charges, fines, and penalties.

C. Users desiring to dispute such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the Director may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-509.7: EMERGENCY SUSPENSIONS:

The Director may immediately suspend a user’s discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Director may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW and/or public sewer, or which presents, or may present, an endangerment to the environment.

A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW and/or public sewer, its receiving stream, or endangerment to any individuals. The Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings in Section 8-1-509.8 of this article are initiated against the user.

B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Director prior to the date of any show cause or termination hearing under Section 8-1-509.3 or 8-1-509.8 of this article.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-509.8: TERMINATION OF DISCHARGE:

In addition to the provisions in Section 8-1-504.6 of this article, any user who violates the following conditions is subject to discharge termination:

A. Violation of wastewater discharge permit conditions;

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

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

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

E. Violation of the pretreatment standards in Section 8-1-501 of this article.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 8-1-509.3 of this article why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the user. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-510.1: INJUNCTIVE RELIEF:

When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may petition the Court through the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-510.2: CIVIL PENALTIES:

A. A discharger who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement may be liable to the City for the maximum civil penalty provided by law but not more than $1,000.00 per violation, per day. In the case of a monthly or other long term average discharge limit, penalties shall accrue for each day during the period of the violation.

B. The Director may recover reasonable attorney fees, Court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

C. In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 16-3,889, eff. 1/20/17; 3784.]

8-1-510.3: CRIMINAL PROSECUTION:

A. A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of $1,000 per violation, per day, or imprisonment for not less than one year, or both.

B. A user who willfully or negligently introduces any substance into the POTW and/or public sewer which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of $1,000, or be subject to imprisonment for not less than one year, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

C. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of $1,000 per violation, per day, or imprisonment for not less than one year, or both.

D. In the event of a second conviction, a user shall be punished by a fine of $1,000 per violation, per day, or imprisonment for not less than one year, or both. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 16-3,889, eff. 1/20/17; 3721.]

8-1-510.4: REMEDIES NONEXCLUSIVE:

The remedies provided for in this chapter are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City’s enforcement response plan. However, the Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-511.1: PERFORMANCE BONDS:

The Director may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-511.2: LIABILITY INSURANCE:

The Director may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW and/or public sewer caused by its discharge. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-511.3: WATER SUPPLY SEVERANCE:

Whenever a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-511.4: PUBLIC NUISANCES:

A violation of any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Director. Any person(s) creating a public nuisance shall be subject to the provisions of Section 1-1-108 of this code. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-512.1: UPSET:

A. For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

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

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

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

(2) The facility was at the time being operated in a prudent and in compliance with applicable operation and maintenance procedures; and

(3) The user has submitted the following information to the Director within twenty four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within 5 days):

(a) A description of the indirect discharge and cause of noncompliance;

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

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

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

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

F. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-512.2: PROHIBITED DISCHARGE STANDARDS:

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in subsection 8-1-501.1A of this article or the specific prohibitions in subsection 8-1-501.1B of this article if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

A. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

B. No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-512.3: BYPASS:

A. Definitions: For the purposes of this section:

BYPASS: The intentional diversion of wastestreams from any portion of a user’s treatment facility.

SEVERE PROPERTY DAMAGE: Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

B. Essential Maintenance: A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections C and D of this section.

C. Approved Bypass:

(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Director, at least ten (10) days before the date of the bypass, if possible.

(2) A user shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case by case basis if the oral report has been received within twenty four (24) hours.

D. Unapproved Bypass:

(1) Bypass is prohibited, and the Director may take an enforcement action against a user for a bypass, unless:

(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(c) The user submitted notices as required under subsection C of this section.

(2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three (3) conditions listed in subsection D1 of this section.

E. Bypass Causing Damage: In the event of a bypass by a user causing damage to the public sewers or POTW, the user will be liable for all cost to repair such facility. In the event of a bypass by a user that results in the need for increased maintenance of the public sewer or POTW, the user will be liable for all cost to repair such facility. [Added by Ord. No. 3677, eff. 8/20/05.]