Coachella Municipal Code Div. 2 Control Mechanism Issuance Process

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

B. A waste discharge authorization shall be issued for an indefinite time period, subject to review and reconsideration at the discretion of the general manager.

C. A special agreement shall be issued for a specified time period, set forth in the terms of the special agreement.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. Waste discharge permit shall include such conditions as are deemed reasonably necessary by the general manager to prevent pass through or interference, protect the quality of the water body receiving the RWRF's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the RWRF and the city's collection system.

Waste discharge permits must contain:

1. A statement that indicates waste discharge permit duration, which in no event shall exceed five years;

2. A statement that the waste discharge permit is nontransferable without prior notification to the city in accordance with Section 13.02.508, and provisions for furnishing the new owner or operator with a copy of the existing waste discharge permit;

3. Effluent limitations based on applicable pretreatment standards;

4. Self-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, or 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 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 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 and state pretreatment standards, including those which become effective during the term of the waste discharge permit; and

8. Other conditions as deemed appropriate by the general manager to ensure compliance with this chapter, and state and federal laws, rules, and regulations.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

Any person, including the user, may petition the general manager to reconsider the terms of a waste discharge permit within thirty (30) days of notice of its issuance.

A. Failure to submit 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 waste discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to be placed in the waste discharge permit.

C. The effectiveness of the waste discharge permit shall not be stayed pending the appeal.

D. If the general manager fails to act within thirty (30) days of the filing of an appeal, a request for reconsideration shall be deemed to be a decision to deny such request. Decisions not to reconsider a waste discharge permit, not to issue a waste discharge permit, or not to modify a waste discharge permit shall be considered final administrative actions for the purposes of judicial review.

E. Aggrieved parties seeking judicial review of the final administrative waste discharge permit decision shall do so by filing a petition for writ of mandate with the Superior Court for Riverside County within ninety (90) days.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

The general manager may modify a waste 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 discharger's operation processes, or wastewater volume or character since the time of waste discharge permit issuance;

C. A change in the RWRF 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 collection system, city personnel or the receiving waters;

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

F. Misrepresentation or failure to fully disclose all relevant facts in the waste discharge application or in any required reporting;

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

H. Correction of typographical or other errors in the waste discharge permit; or

I. To reflect a transfer of the facility ownership or operation to a new owner or operator.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

Waste 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 general manager and the general manager approves the waste discharge permit transfer. The notice to the general manager 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 waste discharge permit.

Failure to provide advance notice of a transfer renders the waste discharge permit void as of the date of facility transfer.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. A waste discharge permit may be revoked for good cause including, but not limited to the following reasons:

1. Failure to notify the general manager of significant changes to the wastewater prior to the changed discharge;

2. Failure to provide prior notification to the general manager of changed conditions pursuant to Section 13.02.620;

3. Misrepresentation or failure to fully disclose all relevant facts in the waste discharge application;

4. Falsifying self-monitoring reports;

5. Tampering with monitoring equipment;

6. Refusing to allow the general manager timely access to the facility premises and records;

7. Failure to meet effluent limitations;

8. Failure to pay fines;

9. Failure to pay sewer charges;

10. Failure to meet compliance schedules;

11. Failure to complete a wastewater survey or the waste discharge application;

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

13. Violation of any pretreatment standard or requirement, or any terms of the waste discharge permit or this chapter.

B. Waste discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All waste discharge permits issued to a particular user are void upon the issuance of a new waste discharge permit to that user.

C. Waste discharge permit revocation is subject to appeal as set forth in Article V.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A user with an expiring waste discharge permit shall apply for waste discharge permit reissuance by submitting a complete waste discharge application (or a statement signed by the responsible party that there are no changes to the application previously submitted), in accordance with Section 13.02.408, a minimum of sixty (60) days prior to the expiration of the user's existing waste discharge permit.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. After the effective date of the ordinance codified in this chapter, any agreement entered into by the city and an agency outside of the city's legal boundary, allowing discharge to the POTW, and any modifications to such an existing agreement, shall be subject to the approval of the city council.

B. Such agreements shall provide protections to the POTW equivalent to those set forth in this chapter, such as, but not limited to, compliance with pretreatment standards and pretreatment requirements; rights of inspection and sampling of the user's discharge to determine compliance with such standards and requirements; and imposition of any fees, fines, costs, or deposits as necessary.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. Whenever deemed necessary, the city may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.

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

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

D. Users with the potential to discharge flammable substances may be required, at the discretion of the city manager, to install and maintain an approved combustible gas detection meter.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)