East Palo Alto Municipal Code Art. IV Reports, Permits and Administration

Upon a determination by the city engineer that such information is necessary or appropriate for him/her reasonably to carry out the provisions of this chapter, he/she may require that any person discharging, causing to be discharged, permitting to be discharged, or proposing to discharge wastewater into the sewerage facilities shall file a periodic discharge report, the cost of which shall be borne by such person. Such report may include, but shall not necessarily be limited to, information relating to the nature of manufacturing, fabricating or other processes, fresh or nonwastewater volumes, wastewater volumes, rates of flow, mass emission rates, production quantities, hours of operation, number and classification of employees, or other information relating to the generation of waste, including wastewater constituents and characteristics, of the pertinent wastewater discharge. The city engineer may also require that such reports include the chemical constituents and quantity of liquid or gaseous materials stored on the premises relating to such discharge, even though such materials are not normally discharged into, or become a part of the wastewater in, the sewerage facilities. Such reports shall be in addition to self-monitoring reports, information furnished in connection with wastewater discharge permits, or other permits authorized under this chapter. The reports authorized and required under this section shall be filed with the city engineer periodically and/or at such other times as the city engineer may reasonably require.

(Prior code § 11-2.401)

No major contributing industry or other user discharging, or proposing to discharge wastewater having characteristics or quantities equivalent to that of a major contributing industry, shall, and it is unlawful for any such industry or user to, connect to, or discharge into, city sewerage facilities without first obtaining a wastewater discharge permit therefor. No major contributing industry, or other user, discharging or proposing to discharge wastewater having characteristics or quantities equivalent to that of a major contributing industry, connected to the sewerage facilities upon the effective date of the ordinance enacting this chapter shall, and it is unlawful for any such industry or user to, discharge wastewater into the sewerage facilities on or after ninety (90) days after such effective date without a wastewater discharge permit therefor.

(Prior code § 11-2.402)

A wastewater discharge permit may be issued by the city engineer to any user, upon application therefor, who:

A. Requests that charges and fees established pursuant to this chapter be based upon an estimated volume of wastewater discharged, or to be discharged, into the sewerage system, or

B. Who establishes to the satisfaction of the city engineer that wastewater proposed to be discharged from such user's premises into the sewerage system has, or will have, wastewater classification to which such user is assigned, by reason of pretreatment, process changes, or other reasons related to such wastewater characteristics.

(Prior code § 11-2.403)

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, address and standard industrial classification number of the applicant;

2. The volume of wastewater proposed to be discharged;

3. Wastewater constituents and characteristics, including, but not limited to, those categories thereof described in Sections 13.08.230 and 13.08.240, the presence and amount of which shall be determined by a laboratory competent to test and describe such constituents and characteristics, and approved by the city engineer;

4. The time and duration of the proposed wastewater discharge;

5. The average and thirty (30) minute peak wastewater flow rates proposed to be discharged, including daily, monthly and seasonal variations, if any;

6. Site plans, floor plans, mechanical and plumbing plans, in detail necessary or appropriate to show and to describe all sewers and appurtenances by size, location and elevation;

7. A description of the activities, facilities and plant processes conducted, or proposed to be conducted on the premises, including, but not necessarily limited to, all materials, manufactured, fabricated or processed, and the types of materials which are or could be discharged into the sewerage facilities;

8. The type and amount of each product produced, fabricated or manufactured on the premises, and the rate of production;

9. The number and classifications, or other work categories, of employees, and the hours of work or operation on the premises;

10. Such other information deemed necessary by the city engineer to determine the effect upon the sewerage facilities of the proposed discharge, or to determine the necessity for, or type of pretreatment, or permit conditions, or other measures necessary or appropriate to enable the city engineer to carry out the provisions of this chapter, or any requirements of law.

B. Upon evaluation and approval of all pertinent data and information, the city engineer shall issue a wastewater discharge permit, subject to terms and conditions required or authorized under the provisions of this chapter, and deemed necessary or appropriate by the city engineer to carry out the purposes and intent of this chapter.

(Prior code § 11-2.404)

A. Wastewater discharge permits authorized under this article shall be subject to all provisions and requirements of this chapter, and to all other requirements of law.

B. Permits authorized under this article may include any or all of the following:

1. The unit charge or schedule of charges and fees for the service and use of the sewerage facilities to be paid by the permittee, and the terms and conditions of such payment;

2. The allowable average and maximum wastewater constituents and characteristics thereof permitted to be discharged into the sewerage facilities;

3. Limitations upon time and rate of wastewater discharge, or requirements for flow regulations and equalization thereof;

4. Requirements for the installation of inspection, sampling or testing facilities;

5. Pretreatment requirements;

6. Specifications for monitoring programs which may include, but shall not necessarily be limited to, sampling locations, frequency and methods of sampling, number, types and standards for tests, and reporting schedules;

7. Requirements for maintaining plant records relating to the wastewater discharge as specified by the city engineer, and providing for access of the city engineer thereto;

8. The mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants are proposed to be discharged into, or are present in, the user's wastewater discharge; and

9. Such other conditions, requirements or provisions deemed appropriate by the city engineer to ensure compliance with the provisions of this chapter or other requirements of law.

(Prior code § 11-2.405)

Wastewater discharge permits authorized under this article shall be effective for the period described therein, but in any event, for no longer than five years. Such period described in such permits may be for a term less than a year, may be expressed in years, or may be stated to expire on a specific date.

Upon expiration of the specified term in each wastewater discharge permit, the term thereof shall be deemed renewed automatically for successive one-year periods, the first of which shall commence upon the day next following the last day of the term specified in such permit; provided, however, that in the event the city engineer gives written notice to the permittee of the termination or expiration of such permit not less than thirty (30) days prior to the expiration of the initial term thereof, or prior to the expiration of any successive one-year term thereof, then a new permit shall be required subject to the provisions of this chapter.

Every permit shall be subject to modification, amendment, or other change by the city engineer in order to obtain compliance by the user with the requirements of this chapter, or other requirements of law. To the extent practicable, the city engineer shall give written notice to a permittee of any proposed modifications, changes or amendments to the user's permit not less than thirty (30) days prior to the effective date of such change, modification or amendment. To the extent reasonably necessary or appropriate, the city engineer may specify a reasonable time schedule for compliance with any new conditions, provisions or requirements established by modification, change, or other amendment to a permit.

(Prior code § 11-2.406)

Wastewater discharge permits shall be personal to each permittee, and shall relate only to the use or operation described therein.

No person shall, and it is unlawful to assign, reassign, transfer, sell, lease, sublet, or otherwise transfer a wastewater discharge permit, or any interest therein, to any person other than the permittee, or to use, cause to be used, or permit to be used, such permit in connection with different premises, or a different operation than that specified in such permit, or with a new, expanded or modified operation.

(Prior code § 11-2.407)

The city engineer may require a user to construct, operate and maintain, at the user's own expense, monitoring, sampling or metering facilities or other equipment to allow inspection, sampling and flow measurement of the user's building sewer, or internal drainage systems, or waste or wastewater discharges. Such monitoring, sampling or metering facilities or equipment shall be located on the user's premises; provided, however, that the city engineer may allow such equipment or facility to be constructed upon public property adjacent to the user's premises upon a determination by the city engineer that location of such equipment or facilities upon the user's premises would be impracticable or cause unnecessary or undue hardship. In the event that the city engineer makes the foregoing determination, and the public property upon which such facilities or equipment are proposed to be constructed or installed is outside the jurisdiction of the city, the user shall obtain permission for such installation or construction, and for the maintenance and operation of such facilities or equipment, from the governmental agency having jurisdiction over such public property.

Monitoring, sampling or metering facilities or equipment to be provided, installed, maintained and operated pursuant to the provisions of this section shall be so situated and constructed and installed as to permit safe and immediate access thereto by the city engineer; provided, however, that the city engineer may, at the option of the user, secure at the expense of the user. The user shall provide sufficient space, as determined by the city engineer, at or near such equipment or facilities so as to allow ready and accurate monitoring, sampling and compositing of samples for analysis. Such equipment and facilities, and the sampling and measuring equipment to be maintained and operated in connection therewith, shall be so maintained and operated at all times in a safe and proper condition, by and at the expense of the user.

Monitoring, sampling or metering equipment or facilities to be furnished pursuant to the provisions of this section shall be provided in accordance with all reasonable requirements of the city engineer relating thereto, and all applicable construction standards and specifications of the city, or the governmental jurisdiction wherein such equipment or facilities are located. Installation and construction of such facilities or equipment shall be completed within ninety (90) days following written notification requiring such installation or construction from the city engineer; provided, however, that the city engineer may, at his/her discretion, extend the time of performance of such installation or construction.

(Prior code § 11-2.408)

The city engineer is authorized to inspect the premises of any user at all reasonable times to ascertain whether the provisions of this chapter, or the provisions of any permit issued pursuant to this chapter, are being complied with. Owners or occupants of premises where wastewater is created, held or discharged shall allow the city engineer ready access at all such reasonable times to all parts of the premises for the purposes of inspection, sampling, monitoring or performing any or all of the duties reasonably necessary or appropriate in carrying out or enforcing the provisions of this chapter, or any permit issued pursuant to this chapter. The city engineer shall further have the right to install and use on the user's premises such devices as are reasonably necessary or appropriate to conduct sampling, metering or monitoring operations or other of the aforesaid duties. In the event a user has established security measures requiring identification and clearance prior to entry onto such user's premises, the user shall furnish and provide such identification or clearance to the city engineer so as to permit ready access of the city engineer to the premises for the purposes described in this section.

(Prior code § 11-2.409)

Pretreatment of wastes or wastewater shall be furnished by every user on the user's premises when such waste or wastewater, prior to pretreatment, does not comply with the minimum acceptable requirements and criteria therefor for discharge into the sewerage facilities as set forth in this chapter. Such pretreatment facilities shall be provided and maintained at the user's expense, and shall be of sufficient design and capacity to pretreat waste or wastewater discharged from the premises into the sewerage facilities to a level meeting such minimum requirements, and the city engineer shall further have the right to install and use on the user's premises such devices as are reasonably necessary or appropriate to conduct sampling, metering or monitoring operations or other of the aforesaid duties. In the event a user has established security measures requiring identification and clearance prior to entry onto such user's premises, the user shall furnish and provide such identification or clearance to the city engineer so as to permit ready access of the city engineer to the premises for the purposes described in this section.

Prior to the installation of such pretreatment facilities, plans and specifications therefor shall be submitted to the city engineer, together with such data and descriptive material relating to the waste or wastewater prior to, and after such proposed pretreatment as the city engineer may ascertain the wastewater constituents and characteristics and volume of the wastewater discharge after pretreatment. The user shall make such modifications, changes or amendments to such plans and specifications as the city engineer may reasonably require in order that the provisions of this chapter, or any permit issued, or to be issued pursuant to this chapter, shall be complied with. Upon approval of such plans and specifications by the city engineer, the user may proceed with the construction thereof; provided, however, that such approval shall not be deemed to waive or modify any other requirement of this chapter, or of any permit issued pursuant to this chapter, or of any other requirements of law.

Approval of plans and specifications of pretreatment facilities pursuant to this section shall not relieve the user from the responsibility of modifying such pretreatment facilities as necessary to produce effluent therefrom complying with all pertinent provisions of this chapter, or any permit issued pursuant to this chapter, or any other requirements of law. Any proposed cessation of use, or alteration, modification or other change to approved pretreatment facilities or any portion thereof, or any change in method of operation thereof, shall be reported to the city engineer prior to commencement thereof, and shall be subject to the approval of the city engineer. Such approval may be withheld, granted or granted subject to such terms, conditions or requirements as the city engineer may reasonably require in order to ensure compliance with the provisions of this chapter, or any permit issued pursuant to the provisions of this chapter.

(Prior code § 11-2.410)

Every user shall provide protective measures against accidental or unauthorized discharges of prohibited wastes, wastewater constituents or characteristics, or volumes into the sewerage facilities as set forth in Article II of this chapter, or as may be otherwise set forth in any permit issued pursuant to this chapter. Such measures shall consist of operational or other procedures and/or facilities as determined reasonably necessary or appropriate by the city engineer. All costs of such measures shall be borne by the user.

The city engineer may specify standard procedures and/or facilities for each classification of user, and, to the extent so specified, he/she is authorized and directed to require institution and use of such procedures, and the installation and construction of such facilities for each such classification. Alternatively, the city engineer may require any user to propose such procedures and/or facilities, which proposals shall be submitted to the city engineer for review, with such supporting plans, specifications, data, explanations, or other matters as may reasonably be required by the city engineer in order to ascertain the effectiveness of the procedures and/or facilities proposed. The city engineer may require such revisions, amendments, modifications, or other changes to such proposals, or approve, or reject the same, as the city engineer deems reasonably necessary or appropriate in order that such proposals ensure protection against accidental or unauthorized discharge.

(Prior code § 11-2.411)

All information and data furnished by, or regarding the operations of, a user obtained from reports, questionnaires, permit applications, permits, monitoring programs, inspections, or from other sources provided or required under the provisions of this chapter shall be available to the public or other governmental agencies without restriction unless the user requests in writing that such information be maintained confidential, and establishes to the satisfaction of the city engineer that the disclosure of the information to other persons would result in unfair competitive disadvantage to the user; provided, however, that in no event shall wastewater constituents, characteristics or volumes be deemed confidential information.

Notwithstanding the foregoing, information approved by the city engineer as confidential shall be available for use by the city, the state, the federal government, or any agency of such entities, in connection with enforcement proceedings, or any judicial proceedings to which the user is a party. Subject to the foregoing, information accepted by the city engineer as confidential shall not be transmitted to any governmental agency, or to the general public by the city engineer until and unless prior written notification is given to the user.

(Prior code § 11-2.412)

The provisions of this chapter shall not be deemed a limitation upon the city to enter into agreements, and to recover costs relating thereto, with any user, relating to treatment, pretreatment, or other matters in furtherance of the provisions of this chapter and the purposes thereof, and not inconsistent therewith, when unique, unusual or extraordinary circumstances require such special agreements.

(Prior code § 11-2.413)