East Palo Alto Municipal Code Art. II Discharge of Waste Into Sanitary Sewerage Facilities

The purpose of this section is to establish standards and conditions, and to provide for fees, relating to the use of sanitary sewage facilities of districts pursuant to Section 13.08.010 of the city of East Palo Alto Municipal Code. It is further the purpose of this article to establish uniform requirements for discharges into the wastewater collection and treatment systems used jointly with other public agencies and entities. It is further the purpose of this article to enable the city to comply with and meet applicable laws, regulations, standards and conditions established by federal and state law, or by agencies thereof in implementation of such law. The city council of the city finds and declares that the health, safety and welfare of the people of the city require the enactment of the provisions of this article.

(Prior code § 11-2.201)

A. General. Words, phrases or terms not specifically defined in this chapter, and having a technical or specialized meaning shall be defined as set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

References to waste constituents and characteristics shall have the meanings ascribed in the "Standard Methods for the Examination of Water and Wastewater," and measurements thereof shall be as set forth in the publication, or as established by federal or state regulatory agencies.

B. Specific Definitions. The following words or phrases wherever used in this article shall have the meanings as follows:

"Authority" means the authority or public entity which owns, operates and/or maintains a sewerage treatment facility to which a user discharges wastewater.

"Beneficial uses" means uses of the waters of the city or state which may, or do require protection against quality degradation thereof, including but not necessarily limited to, waters used for domestic, municipal, agricultural, industrial, power generation, recreation, aesthetic enjoyment, or navigation purposes, or for the preservation and enhancement of fish, wildlife or other aquatic resources or reserves, and such other uses, both tangible or intangible, as are or may be specified by federal or state law as beneficial uses.

"Building sewer" means a sewer conveying wastewater from the premises of a user to the sewerage facilities.

"Charge" means a rental or other charge established pursuant to this article for services and facilities furnished by a district to any premises in connection with the operation of the sewerage facilities.

"City" means the city of East Palo Alto, a political subdivision of the state of California.

"City council" means the city council of the city of East Palo Alto.

"City engineer" means the city engineer of the city, his/her duly authorized representative, or any other person or persons designated by written agreement by and between such person or persons and the city and/or city engineer.

"Compatible pollutant" means biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, additional pollutants identified in a National Pollutant Discharge Elimination System (NPDES) permit, and such other pollutants as may be designated by the city engineer upon a finding that such pollutants are substantially treated and removed by the sewerage facilities.

"Contamination" means an impairment of the quality of the waters of the city or state by waste to a degree which creates a hazard to the public health. "Contamination" includes any equivalent effect resulting from the disposal of wastewater whether or not waters of the city or state are affected thereby.

"Holding tank waste" means any waste from sewage or waste disposal holding tanks such as are associated with vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.

"Incompatible pollutant" means any pollutant which is not a compatible pollutant.

"Major contributing industry" means any wastewater contributor identified in the Standard Industrial classification (SIC) Manual, prepared and published by the Executive Office of Management and Budget of the United States, classified within Divisions A, B, D, E and I therein, the wastewater of which has any one or more of the following characteristics:

1. A discharge flow of fifty thousand (50,000) gallons or more per average work day (if seasonal, the average shall be based upon the seasonal discharge);

2. A flow or pollutant loading greater than five percent of the design capacity of the sewerage treatment facilities;

3. Toxic pollutants in amounts defined in standards issued pursuant to Section 307(a) of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500; 33 U.S.C. 1151, et seq.); or

4. A significant impact (determined by the city engineer), either individually or in combination with other contributing industries, on the sewerage facilities, or upon the quality of effluent from the sewerage facilities.

"Mass emission rate" means the weight of material discharged to the sewerage facilities during a specified time interval. Unless otherwise specified, the "mass emission rate" means pounds per day of a particular waste constituent or combination of constituents.

"Person" means any individual, firm, company, partnership, association, private corporation, public corporation, or governmental entity, authority or agency, and the officers, agents or employees of such organization.

"Pollution" means an alteration of the quality of waters of the city or state by waste to a degree which unreasonably affects such waters for any beneficial use or affects facilities serving such beneficial use. The term "pollution" may also include contamination.

"Premises" means a parcel of land, or portion thereof, including any improvements thereon, which is directly or indirectly connected to the sewerage facilities for purposes of receiving, using and paying for service, or other purposes of relating to the sewerage facilities, by an individual user. Each dwelling unit of a duplex, apartment, or any other multifamily residence shall be deemed a separate premises. Subject to the provisions of the subsection of this section defining "Pollution," the city engineer shall determine what constitutes premises.

"Reclaimed water" means water which, as a result of treatment of waste, is suitable for direct beneficial use, or a restricted beneficial use, which would not otherwise occur but for such treatment.

"Requirement of law or other requirements of law" means any pertinent provision of the federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500, 33 U.S.C. 1151 et seq.), or of any statute, ordinance, rule, regulation, order, directive, or of the city or authority's National Pollutant Discharge Elimination System (NPDES) permit, or any amendments thereto.

"Sewerage facilities" means any or all devices, facilities, equipment, improvements or systems owned or used by the city or the authority in the collection, storage, treatment, recycling, reclamation or disposal of wastes or wastewater, including interceptor sewers, outfall sewers, or lines, sewage collection systems, pumps, power plants, treatment plants, recycling or reclamation plants, and other equipment and appurtenances thereto; extensions, improvements, remodeling, modifications, additions or alterations thereof; chemicals, materials or supplies used in connection therewith; or any other facilities, including land and improvements thereof, which are an integral part of the treatment process of the city or the authority, or which are used for ultimate disposal of residues, effluent or discharges, resulting from such treatment, or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of wastes or wastewater, including stormwater runoff, industrial wastes, domestic wastes, or any combination thereof.

"Unpolluted water" means water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the city or authority for disposal to storm or natural drainages, or directly to surface waters.

"User" means any person who discharges, causes or permits the discharge of wastewater into the sewerage facilities.

"User classification" means a classification of users based upon classifications set forth in the Standard Industrial Classification (SIC) Manual, 1972 edition, prepared and published by the Executive Office of Management and Budget of the United States.

"Waste" means sewage and any and all waste substances, whether liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal.

"Wastewater" means waste and water, whether treated or untreated, discharged into, or permitted to enter into the sewerage facilities.

"Wastewater constituents and characteristics" means the individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate, and such other parameters that serve to define, classify or measure the contents, quality, quantity or strength of wastewater.

"Waters of the city or state" means any water whether surface, underground, and whether saline or nonsaline, within the boundaries of the city, or within the boundaries of the city and flowing into, touching, or otherwise combined with waters outside the limits of the city but within the boundaries of the state.

(Prior code § 11-2.202)

No person shall, and it is unlawful to discharge wastes into the sewerage facilities, which cause, threaten to cause, or are capable of causing, either alone or by interaction with other substances:

A. A fire or explosion;

B. Obstruction of flow in, or injury to the sewerage facilities, or any portion thereof;

C. Danger to life or safety or persons;

D. Conditions inhibiting or preventing the effective maintenance or operation of the sewerage facilities;

E. Strong or offensive odors, air pollution, or any noxious, toxic or malodorous gas or substance, or gas-producing substances;

F. Interference with the wastewater treatment process, or overloading of the sewerage facilities, or excessive collection or treatment costs, or any reclamation process, or excessive reclamation costs, or any product of the treatment impracticable or not feasible under normal operating conditions;

G. Interference with any wastewater reclamation process, which does or may operate in conjunction with the sewerage facilities, or overloading, or a breakdown of such reclamation process, or excessive reclamation costs, or any product of the treatment impracticable or not feasible under normal operating conditions;

H. A detrimental environmental impact, or a nuisance wherever located, or a condition unacceptable to any public agency having regulatory jurisdiction over operation of the sewerage facilities;

I. Discoloration, or any other adverse condition in the quality of the effluent from the sewerage facilities such that receiving water quality requirements established by any statute, rule, regulation, ordinance or permit condition cannot be met by the city or the authority;

J. Conditions at or near the sewerage facilities, or any portion thereof, which cause, or may cause, the city or authority to be in violation of the requirements of law.

(Prior code § 11-2.203)

No person shall, and it is unlawful to discharge, cause to be discharged, or permit to be discharged, any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage, either directly or indirectly into the sewerage facilities, unless a permit therefor is issued by the city engineer. The city engineer may issue such permit only upon a finding by him that no reasonable alternative method of disposal of such water is available.

(Prior code § 11-2.204)

No person shall, and it is unlawful to discharge, cause to be discharged, or permit to be discharged any unpolluted water, including, but not limited to, cooling water, process water, or blow-down water from cooling towers or evaporative coolers, either directly or indirectly into the sewerage facilities, unless a permit therefor is issued by the city engineer.

(Prior code § 11-2.205)

No person shall, and it is unlawful to discharge, cause to be discharged, or permit to be discharged, waste from garbage grinders into the sewerage facilities; provided, however, that:

A. Waste generated in preparation of food normally consumed on the premises may be so discharged; or

B. Such discharge is made pursuant to a permit issued by the city engineer.

Garbage grinders from which wastes are permitted under either subsection A or B of this section shall be of such design and capacity as to shred wastes used therein such that all waste particles shall be carried freely under normal flow condition into and through the sewerage facilities.

(Prior code § 11-2.206)

No person shall, and it is unlawful to discharge, cause to be discharged, or permit to be discharged any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewerage facilities other than wastes or wastewater through an approved building sewer; provided, however, that wastes or wastewater may be discharged into the sewerage facilities by means other than through an approved building sewer pursuant to a permit therefor issued by the city engineer.

(Prior code § 11-2.207)

No person shall, and it is unlawful to discharge, cause to be discharged, or permit to be discharged any holding tank waste into the sewerage facilities; provided, however, that:

A. Such discharges may be made into facilities designed to receive such wastes and approved by the city engineer; or

B. Such discharges may be made pursuant to a permit issued therefor by the city engineer. Unless otherwise provided by the city engineer, a separate permit shall be required for each separate holding tank waste discharge.

(Prior code § 11-2.208)

No person shall, and it is unlawful to discharge, cause to be discharged, or permit to be discharged, any radioactive waste into the sewerage system; provided, however, that:

A. Persons authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials may discharge, cause to be discharged, or permit to be discharged such wastes, provided that such wastes are discharged in strict conformance with current California radiation control regulations (California Administrative Code, Title XVII, Chapter 5, subchapter 4, Group 3, Article 5), and federal regulations and recommendations for safe disposal of such wastes; and

B. The person so acting does so in compliance with all applicable rules and regulations of all other regulatory agencies.

(Prior code § 11-2.209)

No person shall, and it is unlawful to discharge, cause to be discharged, or permit to be discharged any wastewater containing any of the following constituents in excess of the maximum allowable amounts respectively hereinafter established therefor:

A. 0.1 mg/l arsenic;

B. 0.2 mg/l cadmium;

C. 2.0 mg/l copper;

D. 1.0 mg/l cyanide;

E. 1.0 mg/1 lead;

F. 0.01 mg/1 mercury;

G. 1.0 mg/l nickel;

H. 0.2 mg/l silver;

I. 0.5 mg/l total chromium; or

J. 3.0 mg/l zinc.

(Prior code § 11-2.210)

No person shall, and it is unlawful to discharge, cause to be discharged, or permit to be discharged any wastewater:

A. The temperature of which is higher than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees centigrade);

B. Containing more than three hundred (300) mg/l of oil or grease of animal or vegetable origin;

C. Containing more than one hundred (100) mg/l of oil or grease of mineral or petroleum origin;

D. Having a pH lower than 6.0 or having a corrosive property capable of causing damage or hazard to structures or equipment of the sewerage facilities, or any portion thereof;

E. Containing in excess of 0.02 mg/l total identifiable chlorinated hydrocarbons, unless authorized by permit issued pursuant to Section 13.08.320 or Section 13.08.330;

F. Containing in excess of 1.0 mg/l phenolic compounds, unless otherwise authorized by permit issued pursuant to Section 13.08.320 or Section 13.08.330;

G. Any sand, grit, straw, metal, glass, rags, feather, paper, tar, plastic, wood, leaves, garden clippings, manure, dead animals, offal, or any other solid or viscous substance capable of causing obstruction to the flow in the sewerage facilities, or which in any way interferes with the proper operation of the sewerage facilities;

H. Any waste containing a toxic or poisonous substance not otherwise specifically prohibited in this article, in sufficient quantities to constitute a hazard to humans or animals, or to create a hazard in the sewerage facilities, or to injure or interfere with the operation thereof;

I. Any waste containing suspended solids, not otherwise specifically prohibited under the provisions of this article, the characteristics or quantity of which require unusual attention, treatment or expense in handling or treating such material in the sewerage facilities, or any portion thereof.

(Prior code § 11-2.211)

In addition to the limitations upon the characteristics or quantity of wastewater discharged, caused to be discharged, or permitted to be discharged into the sewerage facilities pursuant to this article, the city engineer may, in connection with the issuance of permits, establish additional specific limitations on wastewater strength upon a finding by the city engineer that:

A. The limitations set forth in this article may not be sufficient to protect the operation of the sewerage facilities, or any portion thereof, or the waste or wastewater proposed to be discharged otherwise constitutes a hazard to or an unreasonable burden upon, such operation; or

B. The limitations set forth in this article may not be sufficient to enable the operation of the sewerage facilities to comply with water quality standards or effluent limitations specified in the city's or authority's National Pollutant Discharge Elimination System (NPDES) permit.

(Prior code § 11-2.212)

A. Applications for permits required or authorized pursuant to the provisions of this article shall be in writing in such form as the city engineer shall require, and shall set forth the following:

1. The name and address of the applicant;

2. The location and description of the discharge proposed to be permitted;

3. A detailed description of any work to be performed, and materials and equipment to be used in carrying out the provisions of such permit; and

4. Such other information deemed necessary by the city engineer to determine the effect upon the sewerage facilities of the proposed discharge or activities related thereto, or otherwise reasonably necessary to enable the city engineer to carry out the provisions of this article or any other requirements of law.

B. Permits required or authorized pursuant to the provisions of this article shall be subject to reasonable terms and conditions determined necessary or appropriate by the city engineer in order to carry out the provisions of, and ensure compliance with, this article, or of any other requirements of law. No such permit shall be issued until all applicable fees and charges established pursuant to this article have first been paid.

(Prior code § 11-2.213)