Corona Municipal Code Ch. 13.08 Public Sewerage System Waste Regulations

(A) This chapter sets forth uniform requirements for all persons and private or public entities that discharge wastewater into the sewage system of the city, and also sets forth procedures for complying with requirements imposed upon the city by other regulatory agencies. All discharges of wastewater into the city's collection system are subject to the requirements set forth in this chapter. This chapter enables the city to comply with all applicable state and federal regulations established by the Clean Water Act of 1977 and the General Pretreatment Regulations set forth in 40 CFR 403. The objectives of this chapter are to:

(1) Prevent the introduction of pollutants into the wastewater system, which pollutants may interfere with the operation of the system or contaminate the resulting sludge;

(2) Prevent the introduction of pollutants into the wastewater system which will pass through the system, inadequately treated, into surface waters, groundwaters or the atmosphere or otherwise be incompatible with the system;

(3) Improve the opportunity to recycle and reclaim wastewaters and sludges from the system;

(4) Protect and preserve the health and safety of the citizens and personnel of the city; and

(5) Comply with federal, state and local laws and regulations and permits in the discharge of wastewater.

(B) This chapter provides for regulation through issuance of permits to all dischargers of regulated wastewater, including certain industrial users, and enforcement of general requirements for other users. This chapter also authorizes monitoring and enforcement activities and user reporting, and provides for the setting of fees for the equitable distribution of costs for sewer service.

(`78 Code, § 13.08.010.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows:

"Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.

“Apartment house” shall mean any building containing three or more dwelling units with separate plumbing facilities, but shall not include any building commonly known as a hotel, motel or auto court.

“Authorized representative” shall mean:

(a) A responsible corporate official, if the user is a corporation, of the level of president, secretary, treasurer or vice president in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or the manager of one or more manufacturing, production or operating facilities, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or

(b) A general partner or proprietor if the user submitting the required reports is a partnership or sole proprietorship respectively; or

(c) By a duly authorized representative of the individual designated in subsection (a) and (b), if:

1. The authorization is made in writing by the individual designated in subsection (a) and (b);

2. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

3. The written authorization is submitted to the City or Director.

“Best Management Practices (BMPs)”shall mean the schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

“Biochemical oxygen demand (BOD)” shall mean the quantity of oxygen, utilized in the biochemical oxidation of organic matter in five days at 20°C, expressed in mg/l, required to biologically oxidize material in a waste sample.

“Categorical pretreatment standards” shall mean any regulations promulgated and adopted by the Federal Environmental Protection Agency (EPA) containing pollutant discharge limits and prohibitions, as stated in 40 CFR Chapter 1, Subchapter N, Parts 403 and 405-471, for each identified Standard Industrial Classification (SIC) or subcategory.

“Categorical user” shall mean all industrial users subject to National Categorical Pretreatment Standards as listed by the United States Environmental Protection Agency in 40 CFR 403.

“CFR” means the Code of Federal Regulations.

“Chemical oxygen demand (COD)” shall mean the quantity of oxygen required to chemically oxidize material in a waste sample, expressed in mg/l, under specific conditions of oxidizing agent, temperature and time.

“City” shall mean the City of Corona, California, its officials, all departments and all employees of the city.

“City Council” shall mean the City Council of the City of Corona.

“Class I user” shall mean those industrial users with wastewater discharges of more than 25,000 gallons per day; all significant industrial users; and all categorical users who have a regulated process discharge.

“Class II user” shall mean those industrial users with wastewater discharges of between 10,000 and 24,999 gallons per day.

“Class III user” shall mean those industrial users with wastewater discharges of between 100 and 9,999 gallons per day.

“Class IV user” shall mean those categorical users which do not discharge industrial process wastewater into the city's collection system.

“Class V user” shall mean those industrial users which have a need to temporarily discharge wastewater into the city's collection system.

“Class VI user” shall mean those industrial users which haul by truck or other means wastewater from septic tanks, cesspools, seepage pits and private disposal systems, or industrial users discharging less than 100 gallons per day.

“Collection agency” shall mean the city or a public agency with which the city has an interagency agreement covering the collection of sewage and discharge of sewage by such agency into the city's sewerage system for transmission, treatment and disposal.

“Collection system” shall mean the combined pipes, conduits, manholes and other structures, alone and below ground, and all wastewater conveyance and sewerage systems owned, operated and maintained by the city, including, but not limited to, the city's POTW.

“Community service areas” shall mean the Green River Area, the City of Norco and other areas which utilize the city's POTW by discharging into the city's sewerage system.

“Cooling water” shall mean all water used solely for the purpose of cooling equipment, products or a manufacturing process.

“Costs” shall mean total labor, materials, supplies, transportation expenses, supervision, inspection, engineering and other overhead.

“CSDOC” shall mean County Sanitation Districts of Orange County.

“Dilution” shall mean the increase in use of water or any other substance as a means to dilute a wastestream as a partial or complete substitute for adequate treatment to achieve discharge requirements.

"Director" shall mean the Director of Utilities of the Utilities Department of the City of Corona, his or her designee or any other designated city employee responsible for administration of the Utilities Department.

“Discharger” shall mean any person who discharges or causes a discharge of wastewater directly or indirectly into the city's collection system.

“Domestic wastewater” shall mean wastewater from private residences and wastewater from other premises resulting from the personal use of water for washing, bathing or sanitary purposes.

“Dwelling unit” shall mean a suite of one or more rooms occupied or intended to be occupied by one person or one family.

“Effluent” shall mean the liquid outflow or treated wastewater flowing from the city's POTW or a user's pretreatment equipment.

“Enforcement response plan” shall mean that written plan created by the city setting forth the city's procedures to enforce this chapter.

“EPA” shall mean the United States Environmental Protection Agency.

“Federal Categorical Pretreatment Standard” shall mean the National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the city's collection system or POTW, by existing or new industrial users, in specific industrial categories established as separate regulations under the appropriate subpart of 40 CFR Chapter I, Subchapter N, as it exists and as it may be amended from time to time.

“Floatable hydrocarbon oil” means the amount of hydrocarbon oil floating to the surface of a sample of the water under the same conditions as prescribed in the definition of floatable oil and grease.

“Floatable oil and grease” means the oil and grease floating to the surface of a sample of water when it is retained for one hour in a quiescent condition in a vessel with vertical walls, filled to the depth of 30 centimeters.

“Frontage” shall mean the portions of a parcel abutting a public or approved private right-of-way.

“Good faith” shall mean a user's honest intention to remedy noncompliance, together with actions which give support to the intention.

“Gravity separation interceptor” shall mean a detention chamber designed to remove floatable and settleable material from industrial wastewater prior to discharge into the city's collection system.

“Hazardous substance” or “hazardous material” shall mean any substance capable of creating imminent endangerment to health or the environment, including, but not limited to, any substance designated under 40 CFR 310.11(d) or any hazardous chemical substance subject to regulation under the Toxic Substances Control Act, 15 USCA 2601 et seq. In general, hazardous substances and materials include, but are not limited to, substances which are toxic, explosive, corrosive or flammable, or which generate pressure through heat or decomposition (for example, heavy metals and pesticides, strong acids or bases, distillate fuels and oxidants).

“Heating water” shall mean all water used solely for the heating of a manufacturing process, equipment or product.

“Indirect discharge” shall mean the introduction of pollutants into a POTW from any non-domestic source regulated under Section 307(b), (c) or (d) of the Act.

“Industrial user” shall mean any discharger or potential discharger of industrial wastewater into the city's collection system.

“Industrial user permit” shall mean the regulatory permit issued to users and enforced by the Director to control the discharge of wastewater into the city's collection system or POTW. At the discretion of the Director, the industrial user permit may be issued to an individual facility with specific site information and requirements, or as a general permit to businesses with similar process and treatment requirements, such as restaurants, car washes, film developing, and the like.

“Industrial wastewater” shall mean all water-carried wastes of the city and community service areas, excluding domestic wastewater as defined, and shall include all wastewater from any producing, manufacturing, processing, institutional, governmental, commercial, service, agricultural or other operation. These may also include wastes of human origin similar to domestic wastewaters. All liquid wastes hauled by truck, rail or other means shall be considered industrial wastewater, regardless of the original source of the wastes. Hauled domestic wastewater from septic tanks, cesspools, seepage pits and private disposal systems is also included in the category of industrial wastewater.

“Infectious waste” shall mean all wastes which normally cause or significantly contribute to the cause of increased morbidity or mortality of human beings.

“Inland Empire Brine Line” shall mean the pipeline that transports brine waste to the Orange County Sanitation District for further treatment.

“Interference” shall mean, as defined in 40 CFR 403.3(k), any discharge from a user which, alone or in conjunction with discharges from other sources, inhibits or disrupts the city's collection system, treatment processes or operations or sludge processes, use or disposal, and which causes the city to violate any condition of its state or future NPDES permits.

“Ion exchange water softener” shall mean a water conditioning apparatus that is designed to remove hardness or other impurities from a user's incoming potable water supply.

“Liquid waste hauler” shall mean any business engaged in the hauling of liquid wastes from septic tanks, seepage pits, cesspools or any other private disposal systems.

“Local Limits” shall mean specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

“Lower explosive limit (LEL)” shall mean the minimum concentration of a combustible gas or vapor in the air which will ignite if an ignition source is present.

“Mass emission rate” shall mean the pounds per day discharged to the city's collection system of a particular constituent or combination of constituents as contained in an industrial user permit.

“May” means permissive.

“Monitoring equipment” shall mean any city-approved equipment and/or structure used for monitoring industrial wastewater discharges.

“National Pollution Discharge Elimination System (NPDES)” shall mean a wastewater discharge permit issued by the California Regional Water Quality Control Board (CRWQCB), in conjunction with and pursuant to Section 402 of the Act (33 USC 1342).

“New source” shall mean, as defined in 40 CFR 403.3(m)(1), (2) and (3):

(a) Any building, structure, facility or installation from which there is, or may be, a discharge of pollutants, the construction of which commenced after publication of proposed pretreatment standards, provided that:

1. The building, structure, facility or installation is constructed at a site at which no other source is located;

2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

3. The production or wastewater-generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

(b) Construction on a site at which an existing source is located results in a modification, rather than a new source, if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (a) of this section, but otherwise alters, replaces or adds to existing process or production equipment.

(c) Construction of a new source has commenced if the owner or operator has:

1. Begun, or caused to begin as part of a continuous onsite construction program, any placement, assembly or installation of facilities or equipment or significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities necessary for the placement, assembly or installation of new source facilities or equipment; or

2. Entered into a binding contractual obligation for the purchase of facilities or equipment intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not constitute a contractual obligation.

“Noncontact cooling water” shall mean water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

“Oil and grease” shall mean any of the following, in part or in combination, but are not limited to the following:

(a) Petroleum-derived products, for example, oils, fuels, lubricants and solvents;

(b) Vegetable-derived products, for example, oils, shortenings and soluble cutting oils;

(c) Animal-derived products, for example, fats, greases, oils and lard.

“Pass through,” as defined in 40 CFR 403.3(p), shall mean any discharge of pollutants through the city's POTW or into the Inland Empire Brine Line, into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement placed on the city, including, but not limited to, an increase in the magnitude or duration of a violation.

“Person” shall mean any individual, firm, company, association, society, corporation, governmental agency or group, public or private, and includes the plural as well as the singular.

“Pesticides” shall mean those compounds classified as such under federal or state law or regulations. Pesticides include, but are not limited to, the following: DDT (dichlorodiphenyltrichloro-ethane, both isomers), DDE (dichlorordiphenyl-ethylene), DDD (dichlorodiphenyldichloroethane), Aldrin, Benzene Hexachloride (alpha [α], beta [ ], and gamma isomers), Chlordane, Endrin, Endrin aldehyde, 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD), Toxaphene, α-Endosulfan, Endosulfan Sulfate, Heptachlor, Heptachlor Epoxide, Dieldrin, Demeton, Guthion, Malathion, Methoxychlor, Mirex, and Parathion.

“pH” shall mean the measurement of acidity or alkalinity of a solution, expressed in standard units.

“Pollutant” shall mean, but is not limited to, any solid waste, infectious waste, incinerator residue, sewage, garbage, sludge, munitions, chemical wastes, biological matters, radioactive materials, rock, sand, dirt, industrial waste, governmental waste and agricultural waste.

“Polychlorinated Biphenyls (PCBs)” shall mean those compounds classified as such under federal or state law or regulations. PCBs include, but are not limited to, the following: Aroclors 1016, 1221, 1228, 1232, 1242, 1248, 1254, 1260, and 1262.

“POTW” shall mean a Publicly Owned Treatment Works (POTW), including devices, equipment and systems used in the conveyance, storage, treatment, recycling and reclamation of municipal sewage, sludge or industrial wastes of a liquid nature, designed to provide treatment to wastewater generated by the city in community service areas, and maintained and operated by the city.

“Premises” shall refer to and include a lot or parcel of land, a building or an establishment.

“Pretreatment” shall mean the reduction in the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to, or in lieu of, discharging or otherwise introducing such pollutants into the city's collection system or the POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by any other means except as prohibited by dilution.

“Pretreatment Standards or Standards” shall mean prohibited discharge standards, Categorical Pretreatment Standards in 40 CFR 403.6, and Local Limits.

“Pretreatment wastes” shall mean all wastes, liquid or solid, removed from a waste stream or discharge by physical, chemical or biological means.

“Property” shall mean a parcel of real property of record as shown in the County Assessor's maps on file in the Planning Department of the City of Corona or the offices of the County Recorder of the County of Riverside.

“RCRA” shall mean the Resource Conservation and Recovery Act as contained in 40 CFR 260-266 and 270.

“Restaurant” shall mean all retail establishments selling prepared foods and drinks for consumption on or off the premises, and lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. Retail establishments selling prepared food and drink, lunch counters and drinking places operated as a subordinate service facility by other establishments shall also be included.

“Rooming house” shall mean any building other than apartment houses, motel, hotel or auto court, wherein two or more rooms are rented to others for lodging purposes by the person or entity having ownership or charge of such dwelling.

“Sampling and evaluation program” shall mean the determination of mass emission or concentration of constituents or other conditions specified in the industrial user's permit for a period of at least ten to 14 consecutive working days.

“Sanitary Sewer Overflow (SSO)” shall mean any overflow, spill, release, discharge or diversion of untreated wastewater from a sanitary sewer system. SSOs include:

(a) Overflows or releases of untreated or partially treated wastewater that reaches waters of the United States.

(b) Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and

(c) Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of the sanitary sewer system.

“SAWPA” shall mean the Santa Ana Watershed Project Authority.

"Sewage" shall mean any water-borne or liquid wastes, including domestic sewage and industrial waste, but does not include or mean stormwater, groundwater, roof or yard drainage.

“Sewage system” shall mean those pipe lines, plant facilities and appurtenances constructed, maintained and operated by the city primarily for the collection of sewage and the conveyance thereof to a sewage treatment plant for the treatment of the sewage.

“Sewer System Management Plan (SSMP)” shall mean an approved plan adopted by the city to control and reduce the occurrence and impact of sanitary sewer overflows

“Shall” means mandatory.

“Significant industrial user” or “SIU” shall mean any industrial user of the city's collection system who:

(a) Is a user as defined in 40 CFR Subchapter N, parts 401 through 471; or

(b) Has a discharge flow rate of 25,000 gallons or more per average work day of processed wastewater, excluding sanitary, non-contact cooling and boiler-blown-down water, or contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the city's POTW; or

(c) Has in its wastewater toxic pollutants, as defined pursuant to Section 307 or the Act, or state statutes and rules; or

(d) Is found by the city, the CRWQCB or the EPA to have significant impact, either singularly or in combination with other wastewater discharges from contributing industries, on the operation of the POTW, the quality of sludge, the system's effluent quality or air emissions generated by the system.

“Significant noncompliance (SNC)” shall mean any significant industrial user violation(s) which meet any of the criteria below, or any industrial user that violates (c), (d), or (h) below:

(a) “Chronic violations of wastewater discharge limits” are defined as those in which 66% or more of all of the measurements taken during a consecutive-six-month period exceed (by any magnitude) the numeric Pretreatment Standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3 (1);

(b) “Technical review criteria (TRC) violations” are defined as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a consecutive-six-month period equal or exceed the product of the numeric Pretreatment Standard or requirement, including instantaneous limits, multiplied by the applicable TRC (TRC =1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except pH);

(c) Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the city determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health and safety of POTW personnel or the general public);

(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment, or has resulted in the city's exercise of its emergency authority to halt or prevent such a discharge;

(e) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;

(f) Failure to meet, within 45 days after the schedule date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;

(g) Failure to accurately report noncompliance;

(h) Any other violations or group of violations, which may include violations of Best Management Practices, which the city believes will adversely affect the operation and implementation of the city's pretreatment program or the city’s sewer system.

(i) In the case of pH, violations are considered significant if the pH value is more than 1.0 pH units above the upper pH limit or below the lower pH limit, based on any sampling performed.

“Single-pass cooling water” shall mean water that is used solely for the purpose of cooling and is used only once before being discharged.

“Single-pass heating water” shall mean water used solely for the purpose of heating and is used only once before being discharged.

“Slug discharge” shall mean any wastewater, material or waste with such a high flow rate and/or pollutant concentration which will cause significant damage, interference or pass through in the city's collection system, POTW or sludge processes, use or disposal.

“Source” shall mean any building, structure, facility or installation from which there is or may be the discharge of pollutants, including, but not limited to, photo finishing shops, laboratories, commercial laundries and dental/medical/veterinary clinics.

“Storm drain” shall mean a system of open channels, lined and unlined channels, surface channels, impound basins, ground water recharge basins, storm water holding ponds, underground pipes, curb and gutter, cross gutters, storm water pump and lift stations, parking lots, streets and natural water courses used to collect and direct storm precipitation and surface runoff to a receiving body of water or underground aquifer recharge basin.

“Surcharge” shall mean an assessment, in addition to the sewer service charge, levied on those users whose wastewater discharge constituents exceed permitted levels.

“Temporary user” shall mean any user who is granted temporary permission by the Director to discharge unpolluted water or wastewater to the collection system and controlled by a Class V industrial user permit.

“Total toxic organics (TTO)” shall mean the sum of all quantifiable values greater than 0.01 mg/l of the regulated toxic organic compounds found in the user's discharge.

“Unpolluted water” shall mean cooling and heating water, single-pass cooling and heating water, air conditioning condensate, ice melt, condensate, landscape irrigation, crop irrigation and rain water.

“User” shall mean any person, persons or entities (public or private) of a residential, industrial, commercial, governmental or institutional nature that discharges or causes to be discharged wastewater or waterborne wastes into the collection system of the city or community service areas.

"Utilities Department" shall mean the Utilities Department of the City of Corona and its employees.

“Waste” shall mean any discarded solid, semi-solid, liquid or gaseous material.

“Wastewater” shall mean the liquid and water carried along with industrial and/or domestic wastes from dwellings, commercial buildings, industrial facilities, governmental facilities and institutions which may be present, whether treated or untreated, which is contributed into or permitted to enter the public sewage system.

“Water supply” shall mean the city's water supply serving the area tributary to the city's collection system or the city's monthly average water supply serving the area tributary to the city's POTW. Water supply to an individual establishment means specifically a composite analysis over a 12-month period of samples of the water served to an establishment or location, as determined by testing and compositing samples and analyses approved by the Director.

"WRCRWA" shall mean the Western Riverside County Regional Wastewater Authority.

(`78 Code, § 13.08.020.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2985 § 1, 2009; Ord. 2932 § 1, 2008; Ord. 2454 § 1, 2000; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994; Ord. 1682 § 2, 1983.)

Except as otherwise provided herein, the Director shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the Director may be delegated by the Director to persons acting in the beneficial interest of or in the employ of the city.

(`78 Code, § 13.08.030.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

Information and discharge data provided to the city by a user shall be available to the public without restriction, except where there is a claim of confidentiality by the user. All other information submitted by the user to the city shall be available to the public to the extent provided by law, including without limitation, the Public Records Act (Cal. Gov't Code §§ 6250 et seq.). With the exception of government agencies, any person requesting this information from the city shall be required, prior to receipt of the information, to pay the reasonable cost of the data gathering, reproduction and transmission incurred by the city.

(`78 Code, § 13.08.040.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

Any information and discharge data submitted to the city pertaining to the pretreatment program may be claimed by the user to be confidential. Any such claim must be asserted at the time of submission of the information or data to the city. The claim may be asserted by stamping the words “Confidential-Business Information” on each page containing such information. If no claim is asserted at the time of submission, the city may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures set forth at 40 CFR 2.

(`78 Code, § 13.08.042.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

The Director shall inspect and obtain samples of discharges from all permitted users at least annually, to ascertain whether users are complying with the requirements of this chapter.

(A) The Director may inspect facilities of any user whom he or she has reason to believe may be a generator of nondomestic wastewater, to determine compliance with all provisions of this chapter. Persons or occupants of premises where non-domestic wastewater is created or discharged, or where the Director has reason to believe that non-domestic wastewater may be created or discharged, shall allow the Director ready access at all reasonable times to all parts of the premises for the purposes of, among other things, inspection, sampling, examination and copying of records, taking photographs and performance of any of his or her duties.

(B) The Director shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance, monitoring or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into the user's property, the user shall make necessary arrangements with its staff so that, upon presentation of suitable identification, the Director will be permitted to enter, without delay, for the purpose of performing any of the duties required under this chapter.

(C) The user shall insure that there is always a person on site during normal business hours, knowledgeable of the user's processes and activities, to accompany the city inspector during the inspection.

(D) The user shall provide immediate access when an emergency exists, regardless of the hour of the day.

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

(F) No persons shall interfere with, delay, resist or refuse entrance to an authorized city inspector attempting to inspect any facility involved, directly or indirectly, with a discharge of wastewater to the city's collection system.

(G) In the event an authorized city inspector is denied entry to a user's facility, the city shall, with the City Attorney's assistance, obtain an inspection warrant from a court of competent jurisdiction and enter the facility for inspection purposes.

(H) From time to time, Corona discharges wastewater to the Inland Empire Brine Line and to the CSDOC and WRCRWA wastewater treatment facilities, pursuant to limitations and conditions contained in industrial wastewater permits. In accordance with the terms and conditions of those permits, both SAWPA, CSDOC, and WRCRWA have the right to periodically review Corona's enforcement efforts and any self-monitoring reports, quarterly and annual reports, and to inspect wastewater-generating and disposal facilities, and to sample the discharge of any permittee. Users shall allow SAWPA, CSDOC, and WRCRWA reasonable access during the normal working day to user's wastewater-generating and disposal facilities for purposes of inspection and sampling.

(`78 Code, § 13.08.050.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

(A) At the direction of the Director, any persons discharging industrial wastewater directly or indirectly into the city's collection system shall install sampling station(s) and/or monitoring device(s) to measure the quality and quantity of wastewater discharged. These measuring devices may include, but not be limited to: flow meters and recorders, pH meters and recorders and electrical conductivity meters and recorders.

(B) The sampling station and/or measuring device shall be provided by the user in compliance with this chapter and all applicable building, plumbing and construction codes. Monitoring or metering facilities may be required to have a security closure that can be locked with a city lock during sampling and monitoring. The user shall be liable for the repair or replacement costs for any damage to or theft of city equipment which has been properly placed in or secured to the user's monitoring or metering facility. Construction shall be completed within a reasonable time frame established in written notification from the Director.

(C) The Director shall have the right to set up on the user's property such devices as are necessary to conduct wastewater sampling, compliance monitoring and/or metering operations.

(D) No user shall interfere with, delay, resist or refuse entrance to authorized city personnel attempting to install wastewater monitoring equipment on the user's property. Any permanent or temporary obstruction to easy access to the sampling, monitoring or metering locations shall be immediately removed by the user or property owner at the written or verbal request of the Director and shall not be replaced.

(E) The sampling station or measuring devices shall be maintained for continuous sampling or metering. The measuring devices shall be calibrated as often as necessary to insure accurate measurements according to manufacturer's specifications.

(`78 Code, § 13.08.060.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

All users shall keep records of waste hauling, reclamations, monitoring device calibration reports, sample analysis data and flow meter, pH and conductivity chart recordings on the site of generation, and any additional records of information and documentation associated with established Best Management Practices. All these records are subject to inspection and shall be copied as needed. All records must be kept on the site of wastewater generation for a minimum period of three years. The records retention period may be extended beyond these years in the event criminal or civil action is taken or an extensive company history is required.

(`78 Code, § 13.08.070.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

(A) No person shall enter, break, damage, destroy, uncover, deface or tamper with any temporary or permanent structure, equipment or appurtenance which is part of the city's collection system, without written approval by the Director.

(B) Any person who discharges or causes the discharge of wastewaters or materials which cause detrimental effects on POTW treatment processes, damage to the city's collection system, POTW or storm drain or any other damages, including the imposition of fines by state, federal or other regulatory agencies against the city, shall be liable to the city for all damages and fines incurred, including administrative expenses. An administrative fee of 50% of the city's repair and personnel costs shall be added to these charges. All charges shall be payable to the city within 30 days of receipt of invoice from the city.

(`78 Code, § 13.08.080.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

All industrial users who discharge 10,000 gallons per day or more of industrial wastewater or as required by the Director shall install a continuous monitoring flow meter capable of measuring the industrial user's discharge to the city's sewerage system. The flow measurement device shall conform to standards issued by the Director.

(`78 Code, § 13.08.090.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

Those users which generate liquid infectious wastes must obtain written permission from the Director prior to disposal of the liquid wastes to the city's collection system. The request must contain the source and volume of the infectious waste. At no time shall any user dispose solid infectious wastes to the city's collection system, including hypodermic needles, syringes, instruments, utensils or other paper and plastic items of a disposal nature, or recognizable portions of the human anatomy or laboratory animals.

(`78 Code, § 13.08.100.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

(A) Any person who operates, owns or maintains a restaurant shall complete a City Restaurant Survey Form. The form can be obtained from the city and shall be submitted to the Director for review of grease interceptor requirements prior to commencing operations.

(B) The size of grease interceptors shall be determined as described in the latest edition of the Uniform Plumbing Code, and is subject to change based on the city's evaluation.

(C) All restaurant wastewater and wastes from floor drains, floor sinks, sinks, waste container wash racks, dishwashers and garbage grinders are to be directed through a minimum-750-gallon gravity separation interceptor. All domestic wastewaters from restrooms, showers, drinking fountains and condensate (including ice melt and air conditioning) shall be kept separate from the restaurant wastewater until the restaurant wastewater has passed through all necessary pretreatment equipment, devices or monitoring stations.

(`78 Code, § 13.08.110.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

No person who owns, operates or maintains a restaurant shall at any time discharge any wastewater to the storm drain service dock areas or ground. Wastewater generated by restaurants must be disposed of to a sanitary sewer through an approved gravity separation interceptor connected to a sanitary sewer or hauled off-site to a legal disposal site.

(`78 Code, § 13.08.120.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

(A) Conditional waivers for the grease interceptor requirement may be granted by the Director for those restaurants determined not to have adverse effects on the city's collection system or POTW.

(B) Conditional waivers may be revoked for any of the following reasons:

(1) Changes in menu affecting grease discharges;

(2) Falsification of information submitted on the city's Restaurant Survey Form;

(3) Changes in operating hours affecting grease discharges; and

(4) Changes in restaurant equipment affecting grease discharges.

(`78 Code, § 13.08.130.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

(A) No residential water softening or conditioning appliance shall be installed, except in either of the following circumstances:

(1) The regeneration of the appliance is performed at a nonresidential facility separate from the location of the residence where the appliance is used;

(2) The regeneration of the appliance discharges to the waste disposal system of the residence where the appliance is used, and both of the following conditions are satisfied:

(a) The appliance is certified to control the quantity of salt used per regeneration by a pre-set device and the settings of the device are limited so that a salt efficiency rating of no less than 3,350 grains of hardness removed per pound of salt used in regeneration is achieved with a clock control, manually-initiated control or demand control. An appliance installed on or after January 2002 shall be certified by a third-party rating organization, using industry standards, to have a salt efficiency rating of no less than 4,000 grains of hardness removed per pound of salt used in regeneration;

(b) The installation of the appliance is accompanied by the simultaneous installation of the following softened or conditioned water conservation devices on all fixtures using softened or conditioned water, unless the devices are already in place or are prohibited by plumbing and building standards, or unless the devices will adversely restrict the normal operation of the fixtures:

• 1. Faucet flow restrictors;
• 2. Shower head restrictors;
• 3. Toilet reservoir dams;

4. A piping system installed so that untreated (unsoftened or unconditioned) supply water is carried to hose bibs and sill cocks that serve water to the outside of the house, except that bypass valves may be installed on homes with slab foundations constructed prior to the date of installation; condominiums constructed prior to the date of installation; or otherwise where a piping system is physically inhibited.

(B) A person installing or operating a legal water conditioning apparatus of any kind shall make such apparatus accessible to the Director for inspection at all times, and shall make such reports relative to such apparatus as the Director may require.

(C) It shall be unlawful for anyone to offer on-site regenerated softeners for sale or rent in the city, or to solicit an owner or occupant of property in the city to purchase or rent such a unit, or to install a softener with provision for on-site regeneration except where the purchaser or renter holds a valid permit from the city for such installation. The penalties for making such sale, rental or installation includes the requirement that the party remove the illegally installed unit, and that the party's business license to operate in the city be suspended for at least one year from the date of such sale, rental or installation.

(`78 Code, § 13.08.140.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1991.)

Any person that operates or maintains a facility for the servicing or repair of roadway machinery, industrial transportation equipment, motor vehicles or any other facility as required by the Director shall install and maintain a gravity separation interceptor. Domestic wastewater shall not be allowed to pass through the interceptor. The interceptor's operational fluid capacity shall be determined by the Director. The interceptor shall have a minimum operational fluid capacity of not less than 750 gallons, and shall be designed so as to retain any material which will float or any material which will settle. The interceptor shall be watertight, structurally sound and durable.

(`78 Code, § 13.08.150.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

All users required to install a gravity separation interceptor shall comply with the following conditions:

(A) All interceptor chambers shall be immediately accessible at all times for the purpose of inspection, sampling, cleaning and maintenance. At no time shall any material, debris, obstacle or other obstruction be placed to prevent immediate access to the interceptor;

(B) Any interceptor legally and properly installed before the effective date of this chapter shall be acceptable as an alternative to the interceptor requirements of this chapter. The interceptor shall be effective in removing floatable and settleable material, and shall be immediately accessible for inspection, sampling, cleaning and maintenance.

(C) If the Director finds, either by engineering knowledge or by observation, that an interceptor is incapable of adequately retaining floatable and settleable material in the wastewater flow, is structurally incomplete or is undersized for the facility, the Director shall condemn such interceptor and declare that the interceptor does not meet the requirements of this section. The user shall be required to install, at the user's expense, an acceptable interceptor.

(D) All interceptors shall be equipped with a sample chamber located at the downstream end of the interceptor. The sample chamber shall have a minimum-24-square-inch clear opening for the temporary installation of the city's portable sampling equipment.

(`78 Code, § 13.08.160.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

The Director shall maintain a file, available to the public, of suitable designs of gravity separation interceptors. This file shall be for informational purposes only and shall not provide or imply any endorsements of any kind. Installation of an interceptor of a design shown in this file, or of any design meeting the size requirements set forth in this chapter, shall not impute any liability to the city for the adequacy of the interceptor under actual conditions of use. The owner or proprietor shall not be relieved of responsibility for keeping floatable and settleable material out of the sewer.

(`78 Code, § 13.08.170.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

(A) Any person who owns or operates a gravity separation interceptor shall properly maintain the interceptor at all times. The interceptor shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the interceptor. An interceptor is not considered to be properly maintained if for any reason the interceptor is not in good working condition, or if the operational fluid capacity has been reduced by more than 25% by the accumulation of sediment and floating oils and greases.

(B) The use of chemicals or other materials for the emulsification, suspension or dissolution of oil and grease is prohibited.

(C) The use of microbiological agents to metabolize oil and grease shall be reviewed for approval on a case-by-case basis. The user shall submit a written request to the Director for the use of a microbiological agent prior to the use of that agent.

(D) When an interceptor is cleaned, the removed sediment and floating material shall be legally disposed of other than to the city's collection system or POTW.

(E) If the interceptor is not maintained adequately under the conditions of use, the interceptor shall be re-sized and the user shall install one which is effective in accomplishing the intended purpose.

(F) The owner, lessee, sub-lessee, proprietor, operator or superintendent of any facility required to install an interceptor is individually and severally liable for any failure to properly maintain the interceptor.

(`78 Code, § 13.08.180.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

(A) All liquid waste haulers shall be subject to all provisions of this chapter and all other regulations, charges for use and fees established by the city.

(B) Wastewater discharge permits for individual vehicles to use such facilities shall be required. All septic tank waste haulers shall be required to obtain a waste hauler discharge permit from the city and meet the following guidelines:

(1) Contents of septic tanks, seepage pits, cesspools or any other similar wastes containing no industrial wastes, as defined, shall be disposed of only at locations authorized by the Director;

(2) No wastes disposed of by waste haulers shall exceed the maximum concentration levels of pollutants established from time to time by resolution of the City Council;

(3) All wastes disposed of at the city's POTW shall be subject to inspection, sampling and analysis to verify the acceptability of the wastes for discharge. If the wastes are found to be unacceptable and a sample is taken, the liquid waste hauler shall be liable for all costs associated with the inspection, sampling and analysis;

(4) All liquid waste haulers operating within the city limits and tributary community service areas shall provide documentation upon request as to the origin of the wastes hauled prior to discharging into the city's POTW;

(5) If the wastes hauled by a liquid waste hauler are found unacceptable for discharge into the city's POTW, the liquid waste hauler shall dispose of the wastes at a legal disposal site. The liquid waste hauler shall provide the city with a copy of the waste hauler's manifest, documenting the legal disposal of the rejected wastes within 14 days from the date the wastes were rejected. Failure to provide verifiable documentation shall constitute a violation of this chapter;

(6) Liquid waste haulers are prohibited from discharging industrial waste into the city's POTW or collection system or the community service area collection system. No liquid waste hauler shall mix industrial waste and domestic wastewater in an attempt to discharge the mixture to the city's POTW or collection system;

(7) No liquid waste hauler shall discharge or cause to be discharged any material defined as hazardous by RCRA;

(8) Any liquid waste hauler determined to be in violation of this section may be prohibited from future wastewater disposal at the city's POTW.

(`78 Code, § 13.08.190.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

Any user who discharges industrial wastewater to the city's collection system shall keep domestic wastewater separate from all industrial wastewaters until the industrial wastewaters have passed through all required pretreatment equipment or devices or the user's industrial wastewater sample point(s).

(`78 Code, § 13.08.200.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

(A) General prohibition. A user may not introduce into the collection system of the city or the POTW any pollutant which causes pass through or interference.

(B) Prohibited waste discharges. Except as hereinafter provided, it shall be unlawful for any person to discharge or cause to be discharged into the collection system of the city or a community service area, or any opening, sump, tank, clarifier, piping or waste treatment system which drains or flows into the collection system of the city or a community service area, any of the following:

(1) Any earth, sand, rocks, ashes, gravel, plaster, concrete, glass, metal filings or metal or plastic objects, garbage or solid, semi-solid or viscous material in quantities or volume which will obstruct the flow of sewage in the collection system, or any object which will cause clogging of a sewer or sewage sludge pump or interferes with the normal operation of the city's POTW;

(2) Any compound which will produce noxious odors or toxic gases, vapors or fumes in the city's POTW;

(3) Recognizable portions of human or animal anatomy;

(4) Any solids, liquids, gases, devices or explosives which, by themselves or by interaction with other substances or sewage, may cause fire or explosion hazards, exceed 10% of the lower explosive limit at the point of discharge or in the collection system, or in any other way create imminent danger to wastewater personnel, the environment or public health;

(5) Any wastewater or material with a closed cup flash point of less than 140°F or 60°C, using the test methods specified in 40 CFR 261.21;

(6) Any overflow from any septic tank, cesspool, seepage pit or any liquid or sludge pumped from a cesspool, septic tank or seepage pit, except as may be permitted by the Director;

(7) Any discharge from the wastewater holding tanks of recreational vehicles, trailers, buses and other similar vehicles, except as may be permitted by the Director;

(8) Any storm water, groundwater, street drainage, subsurface drainage, yard drainage or any runoff from any field, roof, yard, driveway or street. The Director may approve, on a temporary basis, the discharge of such water only when no reasonable alternative method of discharge is available;

(9) Any substance or heat in amounts which will inhibit biological activity in the city's POTW resulting in interference, or which will cause the temperature of the sewage in any public sewer to be higher than 140°F. In no case shall any substance or heat be discharged to the sewer which will raise the POTW effluent higher than 104°F (40°C);

(10) Any radioactive waste in excess of federal, state or county regulations;

(11) Any material or quantity of material which will:

(a) Cause damage to any part of the collection system;

(b) Cause abnormal maintenance of the collection system;

(c) Cause an increase in the operational costs of the collection system;

(d) Become a nuisance or menace to public health;

(e) Cause interference or pass through in the city's POTW, its treatment processes, operations, sludge processes, use or disposal;

(f) Cause a violation of the city's state or future NPDES permits; CSDOC's existing NPDES permit, in the event the wastewater is discharged to the Inland Empire Brine Line; or WRCRWA's NPDES permit in the event the wastewater is discharged to the WRCRWA plant;

(12) Any quantities of herbicides, algaecides or pesticides;

(13) Any petroleum oil, non-biodegradable cutting oil or products of mineral oil origin;

(14) Any material or quantity of material(s) which will cause abnormal sulfide generation;

(15) Any water or wastewater used to artificially raise the industrial user's discharge rate or added for the purpose of diluting wastes which would otherwise exceed applicable permitted discharge limitations;

(16) Any wastewater having a corrosive property capable of causing damage to the city's collection system, POTW, equipment or structures or presenting a hazard to city personnel. However, in no case shall wastewater be discharged to the city's collection system or POTW with a pH below 5.0 or greater than 10.5, or that will change the effluent of the city's POTW to above 8.0 or below 6.5;

(17) Any substance which will cause discoloration of the city's POTW effluent;

(18) Any unpolluted water that violates any city- or state-adopted water conversation programs or policies; constitutes a dilution stream for the purposes of meeting concentration limits as an alternative to treatment; or that has the potential to cause or contribute to surcharged conditions in the sewer collection or treatment system. Sources of unpolluted water include, but are not limited to, cooling water, heating water, storm water, subsurface water and single-pass cooling water. The Director may approve, on a temporary basis, the discharge of such water only when no reasonable alternative method of discharge is available. The user shall pay all applicable user charges and fees;

(19) Any substance which may cause the city's POTW effluent or any other product such as residues, sludges or scums to be unsuitable for reclamation or reuse, or which will interfere with the reclamation process. This includes any material which will cause the sludge at the city's POTW to violate applicable sludge use or disposal regulations developed under the Act, 33 USCA 1251 et seq., or any regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, 12 USCA 6901 et seq.; Clean Air Act, 12 USCA 7401 et seq.; Toxic Substance Control Act, 16 USCA 2601 et seq.; or state regulations;

(20) Any hazardous substance which violates the objectives of the general pretreatment regulations, this chapter or any statute, rule, regulation or chapter of any public agency having jurisdiction over the discharge;

(21) Any toxic material in excess of the quantities established by resolution or ordinance adopted by the City Council. The maximum quantity of toxic material permitted to be released into the city's collection system shall be approved by the City Council, and may thereafter be amended from time to time by resolution or ordinance as necessary to comply with state and federal pretreatment standards and local discharge limits;

(22) Any pollutant, including oxygen-demanding pollutants (BOD), released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the city's POTW;

(23) Any pollutants in concentrations exceeding the maximum levels established by resolution or ordinance of the City Council. The maximum concentration levels of pollutants permitted to be released into the city's collection system shall be approved by the City Council and adopted by resolution, and may thereafter be amended from time to time to comply with state and federal pretreatment standards and local discharge limits as the City Council deems is reasonable and necessary;

(24) Any wastewater subject to regulations, except pursuant to valid permit from the city.

(`78 Code, § 13.08.210.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

It shall be unlawful for any person to throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish or garbage in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or upon any public or private property so that the same might be discharged into the city's collection system or storm drains. It shall be further unlawful for any person to store objects, including, but not limited to, motor vehicle or machine parts, in places which may cause grease, oil or other toxic substances to leak and discharge into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or upon any public or private property so that the same might be discharged into the city's collection system or storm drains.

(`78 Code, § 13.08.220.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

No person shall discharge industrial wastewater to the city's collection system unless a permit has been obtained and the wastewater conforms to all of the limitations and requirements of the permit and this chapter. Discharge limitations shall be adopted by resolution concurrently with this chapter, and shall be revised from time to time if and when the City Council deems it is necessary.

(`78 Code, § 13.08.230.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008;Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

All users shall:

(A) Pretreat wastewater in compliance with this chapter;

(B) Achieve compliance with all Federal Categorical Pretreatment Standards, as contained in 40 CFR Chapter I, Subchapter N, as it exists and as it may be amended, and Local Limits, whichever is more stringent, within the time limitations as specified by the federal pretreatment regulations;

(C) Pretreat wastewater to a level acceptable to the Director, and shall operate and maintain all necessary equipment, systems and devices at the user's expense;

(D) Provide detailed plans showing the pretreatment equipment, systems and devices and operating procedures. These plans shall be submitted to the Director for review and approval before the beginning of any construction or installation. The review of such plans and operating procedures, including Best Management Practices (BMPs), will in no way relieve the user from the responsibility of pre-treating wastewater to produce an effluent acceptable to the Director under the provisions of this chapter.

(1) The Director, at his or her discretion, may impose either equivalent concentration or mass limits. To be eligible for equivalent mass limits, the industrial user must employ, or demonstrate that it will employ water conservation methods and technologies that substantially reduce water use during the term of its individual discharge permit.

(2) The Best Management Practices (BMPs) may be imposed by ordinance or in individual discharge permits or general permits to implement Local Limits and requirements.

(`78 Code, § 13.08.240.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

It shall be unlawful for any person to discharge waste recovered from pretreatment equipment, systems or devices into any sewer or storm drain opening, or any drains or other openings leading to any sewer, storm drain or ground. All recovered pretreatment wastes shall be disposed of in accordance with all applicable federal, state, county and local laws and regulations.

(`78 Code, § 13.08.250.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

No user shall increase the use of water or in any other manner attempt to dilute a wastewater discharge, as a partial or complete substitute for adequate treatment, to achieve compliance with this chapter and the industrial user's permit, or to establish an artificially high flow rate for permitted mass emission rates.

(`78 Code, § 13.08.260.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

All industrial users shall report proposed changes in the industrial user's operations or changes in the discharge of wastes, including hazardous wastes, to the Director for approval prior to the industrial user's initiation of the changes. For the purposes of this section, “changes” shall include any of the following: a sustained positive or negative change of 20% in the industrial wastewater discharged, additional processes, additional or different equipment, and an increase in production capacity.

(`78 Code, § 13.08.270.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § l (part), 1994.)

All users must create a spill containment system and submit same to the Director for approval. Spill containment systems, as may be required, shall conform to requirements established by the Director. No person shall operate a spill containment system that allows incompatible substances to mix, thereby creating hazardous or toxic substances in the event of a failure of one or more containers. Spill containment systems shall consist of a system of dikes, walls, barriers, berms or other devices designed to contain spillage of the liquid contents of containers. Spill containment systems shall be constructed of materials impermeable and non-reactive to the liquids being contained. Spill containment systems shall conform to local regulations and policies as to percent containment, container type and size.

(`78 Code, § 13.08.280.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

(A) All industrial users shall be required to develop and maintain an Integrated Waste Management Plan (IWMP). The IWMP shall be available to the city for the Director’s review. The IWMP shall be prepared in accordance with criteria established by the Director.

(B) The IWMP must contain all of the following documents, unless exempted, in writing, by the Director:

(1) A Toxic Organic Management Plan (TOMP). A TOMP is required of all categorical industrial users who do not do total toxic organics (TTO) monitoring;

(2) A Spill Prevention Control Plan (SPCP). A SPCP is required of all industrial users who have batch discharge provisions, stored chemicals or materials, or the potential for a slug discharge which, if discharged to the city's collection system, would violate any of the prohibited discharge requirements of this chapter;

(3) A Pretreatment Systems Operations and Maintenance Manual. The manual shall be submitted by all industrial users that operate and maintain pretreatment equipment for the removal of pollutants from wastewater;

(4) A Hazardous Materials and Hazardous Waste Management Plan. This plan is required of all industrial users that use or possess hazardous materials and/or generate hazardous wastes;

(5) A Waste Minimization/Pollution Prevention Plan (WMPPP). A WMPPP is required of all industrial users. The WMPPP shall list ways in which the industrial user plans to conserve water, investigate and implement product and/or material substitution, maintain inventory controls and provide employee education to minimize the amount of waste generated and hazardous materials used.

(`78 Code, § 13.08.290.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

The Director may require any user to develop and implement a Slug Discharge Management Plan (SDMP) or other action to control slug discharges. Where deemed necessary by the Director, facilities to prevent accidental discharge or slug discharges of pollutants shall be provided and maintained at the user's cost and expense. A SDMP, showing facilities and operation procedures to provide this protection, shall be submitted to the Director for review and approval before implementation. The Director shall determine which user is required to develop an SDMP, and require the plan to be submitted within a time period that will be included in the user's industrial user discharge permit. Each user shall implement its SDMP as submitted or modified after such plan has been reviewed and approved by the Director. Review and approval of such plans and operation procedures by the Director shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this chapter.

(A) Any user required to develop and implement an SDMP shall submit a plan which addresses, at a minimum, the following:

(1) Description of discharge practices, including non-routine batch discharges;

(2) Description of stored chemicals;

(3) Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the standards set forth in this chapter, and any local, state or federal regulations; and

(4) 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 chemicals (including solvents), and/or measures and equipment for emergency response.

(Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2985 § 2, 2009; Ord. 2932 § 1, 2008.)

(A) All users shall immediately notify the Director of all wastewater discharges that could cause a problem at the POTW or collection system, including any slug loadings of any material. Wastewater discharges that may cause a problem at the POTW could be, but are not limited to, acids, alkalines, oils, greases, high strength organic wastes, salt, hazardous materials/waste, colored wastes and batch discharges. All users shall provide the Director, within five working days from the incident, a written report detailing the cause of the discharge and the corrective actions taken to prevent a reoccurrence. The notification shall include, at the minimum, the date and time, a description, the cause, the estimated gallons and the steps taken to prevent a discharge of this nature from occurring again in the future.

(B) All users shall notify the EPA and the city of any discharge into the city's POTW of a substance which, if otherwise disposed of, would be a hazardous waste pursuant to 30 CFR 261.

(`78 Code, § 13.08.300.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

The National Categorical Pretreatment Standards found in 40 CFR Chapter 1, Subchapter N, Parts 405-471, are incorporated.

(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 shall impose an alternate limit using the combined waste stream 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. A user may obtain a net/gross adjustment to a Categorical Standard in accordance with 40 CFR 403.15.

(`78 Code, § 13.08.310.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

Pursuant to 40 CFR 403.8(f)(2)(i), all owners of multiple-tenant commercial/industrial developments within the city shall submit a current list of tenants during the month of July. This list shall provide the name, address and type of business activity for each tenant space in the development.

(`78 Code, § 13.08.320.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2193 § 1 (part), 1994.)

(A) All users within the city or users who discharge into the city's collection system shall file an industrial user discharge permit application, signed by an authorized representative, with the Director. Based on the information submitted on the industrial user discharge permit application and city staff's investigation of the user's establishment, an industrial user discharge permit may be required. Users not required to obtain an industrial user discharge permit are not absolved from meeting the discharge requirements, including BMPs, of the city as set forth in this chapter and subsequent resolutions.

(B) Plans and building permits shall not be approved by the Director for any sewer connection which will convey industrial wastewater to the city's POTW, unless the user has first obtained an industrial user permit, or the user has received written permission from the Director after agreeing not to discharge industrial wastewaters until an industrial user permit has been obtained by the user.

(`78 Code, § 13.08.330.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2193 § 1 (part), 1994.)

Users seeking an industrial user discharge permit shall complete and file with the city, under penalty of perjury, an industrial user discharge permit application. The application shall be signed by an authorized representation of the industrial user. The applicant shall be required to submit, as appropriate, any or all of the following items necessary to fully evaluate the proposed discharge and its effect on the city's collection system and POTW:

(A) Industrial user's name, facility address, facility mailing address, telephone number and facility contact person;

(B) Industrial users SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1987, as amended;

(C) Industrial user's EPA hazardous waste generator number, if applicable;

(D) Wastewater samples analyzed for specified constituents. The samples shall be analyzed by a state-certified laboratory in accordance with the methods published by the EPA in 40 CFR 136, and amendments thereto;

(E) Time and duration of all wastewater discharges;

(F) Average and maximum daily wastewater flow rates, including any seasonal variation of all waste streams discharged;

(G) A list of all environmental control permits held by the users;

(H) A statement from the property owner or landlord, if different from the industrial user, agreeing to the industrial user's activities, manufacturing processes and chemical and material storage;

(I) Site plans, floor plans, mechanical and plumbing plans, with details to show all sewers, sewer connections, pretreatment equipment, systems and devices, production areas and all areas of wastewater generation;

(J) A complete description of operations which shall include the nature, average rate of production and standard industrial classification of the operation(s) carried out by the industrial user. This description shall include a schematic process diagram which indicates points of discharge to the city's POTW;

(K) Information showing the measured average daily and maximum daily flow, in gallons per day, to the city from regulated process waste streams and other waste streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e);

(L) Results of sample analyses identifying the nature and concentration (or mass, where required) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass) shall be reported. All analyses shall be performed in accordance with the techniques prescribed in 40 CFR 136, and amendments thereto;

(M) A certification statement, reviewed by an authorized representative of the industrial user, and prepared by a qualified professional, indicating whether or not pretreatment standards (categorical and/or local) are being met on a consistent basis. If not, the industrial user shall state if additional operations and maintenance and/or additional pretreatment equipment are necessary to achieve compliance with pretreatment standards and requirements;

(N) A schedule of compliance shall be submitted if compliance with pretreatment standards cannot be met on a consistent basis. This schedule shall provide the shortest possible time for the industrial user to provide additional pretreatment and/or operations and maintenance to achieve compliance. The schedule shall contain increments of progress in the form of dates, not to exceed nine months, for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to achieve compliance with applicable categorical pretreatment standards;

(O) Plans of systems to prevent and control the loss of materials through spills to the public to the city's collection system or POTW. These plans shall contain at least the following elements:

(1) A description of discharge practices, including non-routine batch discharges;

(2) A description of stored material;

(3) Procedures for promptly notifying the city of slug discharges, including any discharge that violates a specific prohibition under this chapter, with procedures for follow-up written notification within five days;

(4) Procedures to prevent adverse impacts from accidental spills;

(5) Follow-up practices to limit the damage suffered by the POTW or the environment;

(P) Other information may be required to properly evaluate the permit application. After evaluation and acceptance of the information furnished, the city shall issue an industrial user discharge permit, subject to the terms and conditions set forth in this chapter;

(Q) If the Director determines that the proposed discharge will not be acceptable, the Director shall disapprove the application and shall notify the applicant in writing, specifying the reason(s) for denial and the applicable appeals process;

(R) Industrial user permits shall be subject to all provisions of this chapter and all other applicable regulations, charges and fees established by resolutions. Permits may contain the following:

(1) The unit charge or schedule of user charges and fees for the wastewater discharged to the POTW;

(2) Schedule of penalty fees for noncompliance;

(3) Limitations on the average daily and maximum daily wastewater pollutants and mass emission rates for pollutants;

(4) Limitations on the average daily and maximum daily wastewater flow rates;

(5) Requirements for the submittal of an Integrated Waste Management Plan;

(6) Requirements for the submittal of daily, monthly, annual and long-term production rates;

(7) Requirements for installation and maintenance of monitoring and sampling equipment and devices;

(8) Specifications for monitoring programs which may include: sampling location(s); frequency of sampling; number; types and standards for tests; reporting schedule; and total toxic organic (TTO) monitoring;

(9) Requirements of compliance schedules;

(10) Requirements for submission of technical or discharge reports, baseline monitoring reports, compliance reports and reports on continued compliance;

(11) Requirements for maintaining and retaining all records relating to the wastewater monitoring, sample analyses, production, waste disposal, recycling, waste minimization and BMPs as specified by the Director;

(12) Requirements for notification of slug or accidental discharges;

(13) Other conditions as deemed appropriate by the Director to ensure compliance with this chapter.

(`78 Code, § 13.08.340.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

At least 90 days prior to the anticipated start-up, any “new source,” which is a source that becomes a user subsequent to the proposal of an applicable categorical pretreatment standard that is later promulgated, and any new user considered by the Director to fit the definition of SIU, shall apply for an industrial user discharge permit, and will be required to submit to the Director at least the information listed in § 13.08.340 (A) through (M) of this chapter. A new source or a new user cannot discharge without first receiving an industrial user discharge permit from the Director. New sources and new users shall also be required to include in their application information on the method of pretreatment they intend to use to meet applicable pretreatment standards. New sources and new users shall give estimates of the information requested in § 13.08.340 (K) through (M) of this chapter, and as outlined in 40 CFR 403.12(b)(4)-(6).

(Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2985 § 3, 2009; Ord. 2932 § 1, 2008.)

(A) Compliance schedule progress reports, if required, shall be submitted every 30 days during the time the compliance schedule is in force, including a final compliance report at the conclusion of the compliance schedule. The industrial user shall state whether or not compliance was achieved for the increment of progress to be met on such a date. If progress cannot be achieved, the industrial user shall state the reasons for the delay and the steps to be taken to return the dates originally established in the compliance schedule.

(B) All significant and categorical industrial users shall submit progress reports on compliance every three months or as required by the discharge permit. These reports shall include effluent sample analyses, with the name and concentration or mass of the pollutants in the industrial user permit; average and maximum daily wastewater flows for all regulated processes, and total flow for the reporting period; average and maximum daily production rates; and total production rate for the reporting period. All SIUs, both categorical and non-categorical, must report all monitoring results for any regulated pollutant to the Director, including results from monitoring conducted more frequently than required, as set forth in 40 CFR 403.12(g)(6).

(C) All required reports: BMR's compliance reports, periodic reports on continued compliance, and sample date submittals must be signed by an authorized representative of the user, as defined and set forth in 40 CFR 403.12(1).

(D) All required reports in this subsection must have an accompanying certification by a qualified professional, stating that pretreatment standards are or are not being met as set forth in 40 CFR 403.6(a)(2)(ii).

(`78 Code, § 13.08.350.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

If sampling performed by a user indicates a violation, the user shall notify the Director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling within five days and submit the results of the repeat analysis to the Director within 30 days after becoming aware of the violation. Where the Director has authorized city personnel to perform the sampling and analysis in lieu of the industrial user, the authorized city personnel must perform the sampling and analysis, unless it notifies the user of the violation and requires the user to perform the repeat analysis. Re-sampling is not required if:

(A) The Director authorizes city personnel to perform sampling at the industrial user at a frequency of at least once per month, or

(B) The Director authorizes city personnel to perform 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.

(Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2985 § 4, 2009;Ord. 2932 § 1, 2008.)

Permits shall be issued for a specified time period not to exceed five years. The user shall apply for permit reissuance a minimum of 45 days prior to the expiration of the user's existing permit.

(`78 Code, § 13.08.360.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

The terms and conditions of the industrial user permit may be subject to modification by the General Manager during the term of the permit as discharge limitations or pretreatment requirements are modified by federal, state or local laws, or such modifications are necessary to protect the city's collection system, POTW or NPDES permit. The user will be informed of any proposed permit changes at least 30 days prior to the effective date of the changes. Any modifications in the permit shall include a reasonable time schedule for compliance.

(`78 Code, § 13.08.370.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

Industrial user permits are issued to a specific user for a specific operation for a specified time. No industrial user permit shall be reassigned, transferred or sold to a new owner, new user or different premises.

(`78 Code, § 13.08.380.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

(A) The city is authorized to recover costs from users for the implementation of the city's pretreatment program. These fees relate exclusively to matters covered by this chapter and are separate from all other fees chargeable by the city.

(B) The amount of these fees and charges shall be established by ordinance or resolution of the City Council. The City Council may adopt charges and fees to recover the costs for administering the regulations set forth in the chapter, including, but not limited to, fees for the following:

(1) Developing, implementing and operating the city's pretreatment program and this chapter;

(2) Monitoring, inspection, surveillance procedures and laboratory costs;

(3) Reviewing plans and construction inspection;

(4) Industrial user permit application review;

(5) Issuance of industrial user permits;

(6) Noncompliance and enforcement;

(7) Regulating liquid waste haulers;

(8) Regulating temporary users;

(9) Discharges or discharges containing pollutants in excess of the limits listed in a user's industrial user permit.

(`78 Code, § 13.08.390.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2873 § 1, 2007; Ord. 2844 § 1, 2006; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

Unless otherwise specified, all fees, charges and penalties imposed pursuant to this chapter are due and payable upon receipt of notice from city.

(`78 Code, § 13.08.400.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

The city shall adopt an enforcement response plan, as required by 40 CFR 403.8(f)(5)(i-iv), to coordinate progressive enforcement actions against users not in compliance with this chapter or the conditions of an industrial user permit.

(`78 Code, § 13.08.410.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

The city may enforce the requirements of this chapter and industrial user permits by utilizing the following enforcement mechanisms or by seeking court action.

(A) Verbal warnings. This level of enforcement may be issued by the Manager, Supervisor or a Source Control Inspector who may observe or learn of a violation of this chapter which may be easily resolved by changing housekeeping practices or altering a discharge practice. This verbal warning is documented in an inspection report and by a written follow-up letter. The letter describes the violation encountered and requests that the industrial user correct the problem.

(B) Written warnings. This level of enforcement may be issued by the Manager, Supervisor or a Source Control Inspector if an industrial user fails to achieve compliance after a verbal warning and a written warning is issued with a date for achieving compliance. This notification reiterates the violations and the need for corrective actions. The compliance date issued notifies the industrial user that compliance must be met by a set date. The time frame for compliance may range from 14 to 30 days. Follow-up inspections are used to verify compliance.

(C) A notice of noncompliance. A notice of noncompliance may be issued whenever an industrial user violates this chapter and the violation does not in imminently endanger human health or welfare. The notice of noncompliance shall be served in person by an employee of the city, but preferably by a Source Control Inspector, or by certified or registered mail, return receipt requested. This is the first level of enforcement used for discharge violations. This level may be used to escalate enforcement actions against industrial users who have failed to comply with a written warning to correct deficiencies and/or violations of this chapter. Within ten working days from the date of receipt of the notice of noncompliance, an industrial user must provide, in writing, an explanation of the violation noted in the notice and a plan for the satisfactory correction of the violation. The written response shall include specific actions which the industrial user plans to take. Submission of such a plan in no way relieves the industrial user of liability for any violations occurring before or after receipt of the notice of noncompliance. This action shall not limit the Director’s authority to take or initiate any action, including emergency actions or any other enforcement action.

(1) The first notice of noncompliance may have, at a minimum, a $100 penalty assessment.

(2) A second notice of noncompliance for the same violation(s) may have, at a minimum, a $200 penalty assessment.

(3) A third notice of noncompliance for the same violation(s) may have, at a minimum, a $500 penalty assessment.

(D) Stop work order. A stop work order may be issued to prevent new construction, tenant improvements, alterations or additions when no city permits have been obtained, work has begun without written approval by the Director, or violations of this chapter have been found at a construction/improvement site. The Manager, Supervisor or a Source Control Inspector is responsible for issuing a stop work order. The corrective action required by a stop work order is for the person receiving such order to cease all activities which may lead to illegal discharges until necessary permits or approvals have been obtained. The minimum penalty fee for a stop work order is $500.

(E) Consent order. A consent order may be issued after an industrial user receives a notice of noncompliance and fails to achieve compliance. The consent order involves an Enforcement Compliance Schedule Agreement (ECSA) developed between the industrial user and the city. The Manager, Supervisor and the Source Control Inspector assigned to the industrial user, and a representative from the City Attorney's office may develop the ECSA. The Director will be consulted regarding the final version of all consent orders. The purpose of the consent order (ECSA) is to allow the industrial user who has demonstrated a willingness to correct violations a voice in the development of their ECSA. No element of an ECSA shall exceed six calendar months in duration. All ECSAs will be reviewed by the City Attorney's office. At a minimum, an ECSA shall set forth that:

(1) A consultant or person with the necessary expertise is to be hired to identify the problems causing the user to violate the wastewater pretreatment regulations. The user will be required to submit the initial and all subsequent reports to the city for review and approval;

(2) All pretreatment systems, equipment specifications and facilities be corrected to prevent violations;

(3) The ECSA is to be reviewed by the Regulatory Compliance Division staff and other relevant city departments prior to finalizing;

(4) If necessary, hire contractors to assist the user in coming into compliance;

(5) Industrial users obtain all necessary permits to operate;

(6) All necessary material and equipment is to be ordered and construction should begin on improvements needed to obtain compliance;

(7) Construction must be completed by a set date;

(8) Employees of the user are sufficiently trained;

(9) A two week or ten consecutive working days sample evaluation is to be conducted by the city;

(10) The user must achieve compliance within a certain time frame.

(11) Progress reports are required throughout the term of the ECSA. The minimum reporting frequency is 30 calendar days. The minimum penalty for a consent order is $500.

(F) Compliance order. A compliance order may be issued by the Manager after an industrial user has failed to achieve compliance and has shown a lack of cooperation and good faith effort to comply. The compliance order involves an Enforcement Compliance Schedule (ECS) developed by the city, with no input from the industrial user. The City Attorney participates in developing the ECS. The Director is consulted for the preparation of all compliance orders. The purpose of the compliance order (ECS) is to compel an uncooperative industrial user to achieve compliance. No element of the ECS shall exceed six months in duration. A compliance order (ECS) shall contain the same elements as a consent order. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the industrial user. The minimum penalty fee for a compliance order is $1,000.

(G) Show cause hearing. The Director may order an industrial user which has violated or continues to violate this chapter to appear before the Director and show cause why the city should not take certain proposed enforcement action against the industrial user. Notice shall be served on the industrial user, specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the industrial 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 ten days prior to the hearing. A show cause hearing may be used after the cease and desist order, ECSA or ECS have failed to achieve compliance, but is not limited to use under these circumstances. The Manager is responsible for issuing all notices for show cause hearings. Before the issuance of a notice for a show cause hearing, the Manager and the Director shall meet with a representative from the City Attorney's office to discuss the case. Testimony obtained at a show cause hearing shall be under oath and transcribed. The findings of the show cause hearing and the final decision shall be issued by the City Attorney. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against an industrial user. The minimum penalty fee for a show cause hearing is $1,500.

(H) Cease and desist order.

(1) A cease and desist order may be issued to gain immediate compliance from an industrial user in cases of severe violations, or in cases where a violation poses a threat to the city's POTW, city personnel or the public. The Manager or the Director may issue a cease and desist order if they find that an industrial user has violated, or continues to violate, any provision of this chapter. The cease and desist order may direct the industrial 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.

(2) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the industrial user. The penalty for the issuance of a cease and desist order is $1,000.

(I) Probation. The Director may place an industrial user which has violated this chapter on administrative probation in accordance with the city's enforcement response plan, at the Director’s sole discretion, if the Director determines that the industrial user has now complied or is complying with an administrative order. The probation will terminate if the Director determines that future violations are unlikely to occur or no later than one year after initial compliance is achieved.

(`78 Code, § 13.08.420.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

The Director may revoke any industrial user permit if the user is in violation of any provision of this chapter. Validity of the industrial user permit shall be conditioned upon compliance with the provisions of this chapter. The Director may revoke the industrial user permit, upon a minimum notice of 15 days, when the Director finds that the permitted wastewater discharge is in violation of the provisions of this chapter or of any applicable federal, state or municipal law or regulation. Within 15 days prior to the intended permit revocation date, a user may request a hearing before a hearing officer. A person dissatisfied with the decision of the hearing officer may appeal to the City Council within 30 days of notice of the hearing officer's decision. If after the hearing or appeal, if any, it is found that the user has violated reporting or discharge requirements, pursuant to this chapter or an industrial user permit, the hearing officer or board may assess a civil penalty against the user.

(`78 Code, § 13.08.430.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

(A) The Director may suspend wastewater treatment service to any user if the user is in violation of any provision of this chapter or of applicable state or federal regulations. In the event the user fails to comply voluntarily with an administrative order, the city shall take such steps as deemed necessary, including, but not limited to, the immediate severance of the user's sewer service, revocation of the industrial user discharge permit and/or termination of water service, to prevent or minimize damage to the city's collection system, POTW and/or endangerment to any individuals or the environment. The city shall reinstate the industrial user discharge permit and service upon proof that the violation(s) have been corrected and payment of reconnection fees. All costs for the termination and/or reconnection of services shall be borne by the industrial user.

(B) Violations subjecting an industrial user to revocation of its permit include, but are not limited to, the following:

(1) Failure of the user to accurately report the constituents and concentrations of its wastewater discharges;

(2) Failure of the user to report significant changes in operation and/or significant changes in wastewater constituents and concentrations;

(3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;

(4) Violation of conditions of an industrial user's permit;

(5) Failure to comply with any administrative order issued by the Director pursuant to this chapter;

(6) Failure of the user to comply with any provision of this chapter.

(`78 Code, § 13.08.440.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2196 § 1 (part), 1994.)

A list of all users who are found to be in significant violation of this chapter in the previous 12 months shall be published at least annually in the largest daily newspaper in the city, in accordance with 40 CFR 403.8(f)(2)(viii).

(`78 Code, § 13.08.450.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

Any user who violates this chapter, any order or wastewater discharge permit issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a civil penalty of no less than $1,000 and no more than $25,000 per day for each violation, in accordance with Cal. Gov't Code § 54740 and 40 CFR 403.8. The Director shall petition the superior court to impose, assess and recover these sums. In determining the amount of the civil penalty, the court will take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, attempted or taken by the user. Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user. No liability shall be recoverable under this section for any violation for which liability is recovered under § 13.08.465.

(`78 Code, § 13.08.460.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

(A) Any user who is found to have violated any provision of this chapter, any order or wastewater discharge permit issued hereunder, or any other pretreatment standard or requirement shall be liable to the city as follows:

(1) For failing or refusing to furnish technical or monitoring reports, a maximum of $2,000 for each day;

(2) For failing or refusing to timely comply with any compliance schedule established by the city, a maximum of $3,000 for each day;

(3) For discharges in violation of any waste discharge limitation, permit condition or requirement issued, reissued or adopted by the city, a maximum of $5,000 for each day;

(4) For discharges in violation of any suspension, cease and desist order or other orders or prohibition issued, reissued or adopted by the city, a maximum of $10 per gallon.

(B) The Director may issue an administrative complaint to any person violating city requirements as described in division (A) of this section. The complaint shall allege the act or failure to act that constitutes the violation of city requirements, the provisions of law authorizing liability to be imposed and the proposed penalty. The complaint shall be served by personal delivery or certified mail and shall inform the person served that the Director shall conduct a hearing within 60 days after service. The person served may waive the right to a hearing.

(C) A person dissatisfied with the decision of the Director may file a written appeal to the City Council within 30 days of notice of the Director’s decision. A fee of $100 must accompany the written appeal to the City Council and shall be submitted to the City Clerk. The written appeal shall be heard by the City Council within 30 days from the date of filing. The City Council shall make a final ruling on the appeal within 45 days from the date of filing. If after the hearing or appeal, if any, it is found that the person has violated reporting or discharge requirements, the Director or City Council may assess a penalty against that person in accordance with division (A) of this section. In determining the amount of the penalty, the Director or City Council may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, attempted or taken by the discharger.

(D) Unless appealed, orders setting penalties under this section shall become effective and final upon issuance, and payment shall be made within 30 days. Copies of the orders shall be served as described above on the user and upon other persons who appeared at the hearing and requested a copy.

(E) The amount of any penalties imposed under this section which have remained delinquent for a period of 60 days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the penalty. Unpaid penalties shall, after 30 days, be assessed a collection charge of 10% to reimburse the city for its reasonable costs of collecting the overdue penalties.

(F) Issuance of a penalty pursuant to this section shall not be a prerequisite for taking any other action against a user. No liability shall be recoverable under this section for any violation for which liability is recovered under § 13.08.460.

(`78 Code, § 13.08.465.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008.)

All fees for industrial user permits, inspections and monitoring, and all fines and penalties derived pursuant to provisions of this chapter shall be used only for the administration and operation of the city's pretreatment program and enforcement response plan.

(`78 Code, § 13.08.470.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997.)

Any user who willfully violates any provision of this chapter, an industrial user permit condition, administrative order or prohibition is guilty of a misdemeanor, which upon conviction is punishable by a fine of at least $1,000, up to $10,000 per violation per day, or by imprisonment for a period of not more than one year, or by both such fine and imprisonment. Each such user shall be deemed guilty of a separate offense for every day during any portion of which any violation of this chapter or of an industrial user permit is committed, continued or permitted by such user, and shall be punishable therefor as provided by this section. Issuance of a criminal penalty shall not be a prerequisite for taking any other action against the user or relieve the user of liability for any violation, including any continuing violation.

(`78 Code, § 13.08.480.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

(A) If any user discharges wastewater into the city's collection system or POTW contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the City Attorney may commence an action for appropriate legal, equitable or injunctive relief in a court of proper jurisdiction.

(B) In addition to the penalties provided herein, the city may recover reasonable attorneys’ fees, court costs, court reporter's fees and other costs from the user found to have violated any of the provisions of this chapter, or the orders, rules, regulations and permits issued under this chapter.

(C) Furthermore, all of the remedies set forth in this chapter are cumulative of any other remedies available to the city, and are not intended to limit the city's legal or equitable remedies.

(`78 Code, § 13.08.490.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

In addition to any other penalties or enforcement actions set forth in this chapter or provided by law, any enforcement officer, upon a determination that a violation of any part of this chapter has occurred, shall have the authority to issue an administrative citation to any responsible person, pursuant to the procedures set forth in Chapter 1.08 of this code. Use of the administrative citation procedure in Chapter 1.08 with respect to violations of this chapter shall be at the sole discretion of the city.

(Ord. 3346 § 3, 2022)

All persons found to be in violation of this chapter shall be liable to the city for all costs involved to resolve the violation(s), including a 90% administrative fee of the city's costs, in addition to all fines and penalties.

(`78 Code, § 13.08.500.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

When a discharge of wastes causes an obstruction, damage, interference or any other impairment to the city's collection system or POTW, the Director may assess a charge, including administrative costs attributable thereto, against the discharger for the work required to clean, repair and/or resume normal operations. A 90% administrative fee shall be added to the direct charges. The charges shall be payable within 30 days of receipt of invoice by the user.

(`78 Code, § 13.08.510.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

Unless otherwise specifically provided, all notices required hereunder shall be given in writing and served by messenger or by first class, registered or certified mail. Notice shall be deemed received as follows, depending upon the method of transmittal:

(A) By messenger, as of the date delivered; and

(B) By United States mail, as of 72 hours after deposit in the United States mail.

(`78 Code, § 13.08.520.1) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

It shall be unlawful for any person to knowingly make any false statement, representation, record, report plan or other document filed with the city, or to tamper with or knowingly render inaccurate monitoring devices or methods required under this chapter.

(`78 Code, § 13.08.530.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

All users required to provide a written response to any correspondence from the Director shall do so in accordance with the date specified in the correspondence. Failure to provide the written response by the date requested shall constitute a violation of this chapter.

(`78 Code, § 13.08.540.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

Any time provided in any written notice or any provision of this chapter may be extended only by a written directive of the Director and upon a showing of good cause.

(`78 Code, § 13.08.550.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

Any user affected by any administrative order, decision, action or enforcement action, other than an administrative penalty decision as described in § 13.08.465, may file with the Director a written appeal for reconsideration within ten days from receipt of the notice. The user shall state, in detail, the facts supporting the user's request for reconsideration. The Director shall render a decision on the request for reconsideration to the user, in writing, within ten days of receipt of written appeal. The user may, within ten days after notification of the Director’s decision, file a written appeal with the City Council. A fee of $100 must accompany the written appeal to the City Council, and should be submitted to the City Clerk. The written appeal shall be heard by the City Council within 30 days from the date of filing. The City Council shall make a final ruling on the appeal within 45 days from the date of filing.

(`78 Code, § 13.08.560.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

If any provision of this chapter or the application thereof to any user or circumstance is held invalid, the remainder of this chapter and the application of such provision to other users or circumstances shall not be affected thereby.

(`78 Code, § 13.08.570.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)

In the event another jurisdiction or municipality contributes wastewater to the city's POTW, the city shall require such jurisdiction or municipality to enter into an interjurisdictional agreement.

(A) Prior to entering into an agreement as required above, the Director shall require the following information from the contributing jurisdiction:

(1) A description of the quality and volume of the wastewater at point(s) where it enters the POTW from the contributing jurisdiction;

(2) An inventory of all industrial users discharging to the POTW within the contributing jurisdiction;

(3) Such other information as may be required by the Director.

(B) An interjurisdictional agreement as required above shall contain the following conditions:

(1) The contributing jurisdiction must adopt a sewer use ordinance at least as stringent as this chapter, as then current. Such ordinance and limits must be revised as necessary to reflect changes made to this chapter;

(2) The contributing jurisdiction must submit a revised industrial user inventory on at least an annual basis;

(3) The contributing jurisdiction must:

(a) Conduct pretreatment implementation activities, including industrial user permit issuance, inspection and sampling and enforcement; or

(b) Authorize the city to take or conduct such activities on its behalf.

(`78 Code, § 13.08.580.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997.)

(A) The city may adopt industrial waste surcharge rates for the following conventional parameters:

(1) Biochemical oxygen demand (BOD);

(2) Total suspended solids (TSS);

(3) Total oil and grease (TOG).

(B) Industrial waste surcharge rates will be based on the POTW's treatment cost and shall be adopted by ordinance or resolution of the City Council.

(`78 Code, § 13.08.590.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § l (part), 1997.)

All funds and moneys received from the collection of sewer service charges established by the Schedule of Sewer/User Service Fees and the Schedule of Sewer Development Fees shall be deposited with the City Treasurer, who shall establish and maintain a separate fund and account to be known as “The Sewer Service Fund.” The money of such fund may be used for the retirement of sewer bonds, and for payment of interest thereon, and for the acquisition, operation, maintenance, construction and reconstruction of the sewerage system; provided, however, that such revenue shall not be used for the acquisition or construction of new local street sewers or lateral pipelines, as distinguished from the main trunk, interceptor and outfall sewer pipelines.

(`78 Code, § 13.08.600.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2454 § 2, 2000.)

It shall be the duty of the Finance Department of the city, on behalf of the City Treasurer, to collect all charges provided for in the Schedule of Sewer Users/Service Fees, Citywide Master Fee Recovery Schedule and the Schedule of Sewer Development Fees.

(`78 Code, § 13.08.610.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2454 § 3, 2000.)

Where possible, the charges fixed by the Schedule of Sewer User/Service Fees and Citywide Master Fee Recovery Schedule shall be collected concurrently with the charges for water service fixed by the city to such premises, and the charges fixed by the Schedule of Sewer User/Service Fees and Citywide Master Fee Recovery Schedule shall be billed on the same invoice that is prepared for charges for water service, and shall be due and payable at the same time that such charges for water service are due and payable.

(`78 Code, § 13.08.620.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2454 § 4, 2000.)

Every person or entity whose premises or property in the city is served by a city sewer connection, whereby the sewage or industrial wastes, or either or both, are disposed of by the city through a sewage treatment plant or otherwise shall pay a sewer service charge. These charges are set forth in the Schedule of Sewer User/Service Fees.

(`78 Code, § 13.08.630.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2454 § 5, 2000.)

APPENDIX: FEES, FINES AND PENALTIES FOR PRETREATMENT PROGRAM

(Pursuant to Section 13.08.390)

(Ordinance No. 3111)

FEES AND FINES:

Application Review/Fee:

a. Class 1 $ 1,846

b. Class 2 $ 1,473

c. Class 3 $ 1,168

d. Class 4 $ 1,416

e. Class 5 $ 50

f. Class 6 $ 1,168

Annual Permit Fee:

a. Class 1 $ 1,654/application + Sampling & Analysis Cost

b. Class 2 $ 1,349/application + Sampling & Analysis Cost

c. Class 3 $ 1,043/application + Sampling & Analysis Cost

d. Class 4 $ 953/application+ Sampling & Analysis Cost

e. Class 5 $ 50/application+ Sampling & Analysis Cost

f. Class 6 $ 1,043/application + Sampling & Analysis Cost

Noncompliance Inspection:

a. Class 1 $ 277/event

b. Class 2 $ 215/event

c. Class 3 $ 153/event

d. Class 4 $ 153/event

e. Class 5 $ 153/event

f. Class 6 $ 153/event

Noncompliance Sampling/Analysis:

$ 215 + Sampling & Analysis Cost/event

Grease Interceptor Monitoring:

$ 32/month

MINIMUM PENALTIES:

Stop work order $ 500/order

• Compliance order $ 1,000/order

• Consent order $ 500/order

• Cease and desist order $ 1,000/order

Show cause hearing $ 1,500/order