Escalon Municipal Code § 13.08.300 Prohibited discharge standards

A. General Prohibitions. No user shall introduce or cause to be introduced into the sewage system any pollutant, substance or wastestream which causes pass through or interference. These general prohibitions apply to all industrial users of the sewage system.

B. Specific Prohibitions. No industrial user shall introduce or cause to be introduced into the sewage system the following pollutants, substances, or wastewater:

1. Pollutants which create a fire or explosive hazard in the sewage system, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21;

2. Wastewater having a pH less than 6.0 or higher than 8.5 (unless authorized by a permit issued pursuant to this chapter), or otherwise causing corrosive structural damage to the sewage system or equipment;

3. Solid or viscous substances in amounts which will cause obstruction of the flow in the sewage system resulting in interference (but in no case solids that cannot pass through a three-eighths-inch screen);

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

5. Wastewater having a temperature greater than 150 degrees Fahrenheit (65.5 degrees Celsius) or which will inhibit biological activity in the sewage system resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius);

6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the sewage system in a quantity that may cause acute worker health and safety problems;

8. Trucked or hauled pollutants, except at discharge points designated by the director;

9. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewage system for maintenance or repair;

10. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent;

11. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;

12. Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the city;

13. Sludges, screenings, or other residues from the pretreatment of industrial wastewater;

14. Medical wastes, except as specifically authorized by the city in an industrial wastewater discharge permit;

15. Wastewater causing, alone or in conjunction with other sources, the sewage system's effluent to fail toxicity test or otherwise violate any provision of its permit;

16. Detergents, surface-active agents, or other substances that might cause excessive foaming in the sewage system;

17. Fats, oils, or greases of animal or vegetable origin in concentrations that damage the sewage system or cause or contribute violations of any regulation governing the discharge of such wastes; or

18. Any substance that causes or contributes to a violation of the city NPDES permit or waste discharge requirements or any other law, regulation or order applicable to the city.

C. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the sewage system. The city manager may establish in wastewater discharge permits more stringent standards or requirements on discharges to the city's sewage system.

(Ord. 553 § 1 (Exh. A), 2016)

A. Industrial users shall comply with all applicable federal, state and local pretreatment requirements. The city manager and director may require specific pretreatment measures as a condition of issuing an industrial wastewater discharge permit.

B. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an industrial wastewater discharge permit. The director or city manager may impose such limitations on the amount of pollutants discharged by users who are using dilution to meet applicable standards or requirements, or in other cases when the imposition of such limitations is appropriate.

(Ord. 553 § 1 (Exh. A), 2016)

It is unlawful for any person to discharge industrial wastewater into the sewage system of the city without first obtaining an industrial wastewater discharge permit to do so from the city manager. Industrial wastewater discharge permits are valid for one year and must be renewed on an annual basis. Application for a new or renewal industrial wastewater discharge permit shall be in writing and shall contain the following information:

A. Identifying Information.

1. Name and address of the facility, including the name of the facility operator and owner;

2. Contact information; description of activities, facilities, and facility production processes on the premises;

3. Proposed location of the sewer connection;

B. Estimated daily volume of wastes proposed to be discharged, times and durations of discharges; time of peak loads and other similar data;

C. Character of wastes proposed to be discharged;

D. Description of operations, including tonnage of produce to be processed under the industrial wastewater discharge permit, if applicable;

E. Signature and certification. All industrial wastewater discharge permit applications must be signed by an authorized representative of the user and contain the certification statement in EMC § 13.08.365; and

F. Other information as may be deemed to be necessary by the director, which may include, but is not limited to, a pollution prevention plan in accordance with Water Code Section 13263.3(d) or a slug discharge control plan in accordance with 40 CFR 403.8(f)(2)(vi).

(Ord. 553 § 1 (Exh. A), 2016)

Upon receipt of an application for an industrial wastewater discharge permit, the city manager may make such investigation deemed necessary, and the applicant shall provide such additional information deemed necessary by the city manager, for a determination of permit issuance or denial.

(Ord. 553 § 1 (Exh. A), 2016)

An industrial wastewater discharge permit may be issued only on a finding by the city manager that all of the following are met:

A. The industrial wastewater pipeline in which the connection is to discharge has sufficient unused carrying capacity for the disposition of industrial waste;

B. The character of the industrial wastewater proposed to be discharged by the applicant is such that it can be treated by the city's sewage system in accordance with all laws, regulations, and orders; and

C. Such waste will not result in damage to the sewage system or threaten the environment, public health, safety or welfare.

(Ord. 553 § 1 (Exh. A), 2016)

An industrial wastewater discharge permit shall be valid for a specified period of time not to exceed one year after the effective date. Every industrial wastewater discharge permit shall expire in accordance with this section one year after the effective date unless an earlier date is specified in the permit. Unless otherwise specified in a new or modified industrial wastewater discharge permit, an existing industrial wastewater discharge permit shall automatically expire on issuance of a new or modified industrial wastewater discharge permit for the same facility.

(Ord. 553 § 1 (Exh. A), 2016)

A. An industrial wastewater discharge permit shall include the following:

1. Statement of duration (in no case more than one year);

2. Statement of nontransferability without, at a minimum, prior notice to and approval from the city in accordance with EMC § 13.08.340 and provision of a copy of the existing control mechanism(s) to the new owner or operator;

3. Effluent limits, including best management practices, based on applicable standards in local, state and federal law;

4. Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type;

5. Statement of applicable civil and criminal penalties for violation of applicable standards and requirements, and any applicable compliance schedule; and

6. Requirements to control slug discharges, and prepare a slug discharge control plan and/or a pollution prevent plan, if determined by the city manager to be necessary.

B. An industrial wastewater discharge permit shall include such other and further conditions that the city manager, in his or her discretion deems reasonably necessary for ensuring the intent, purpose and provisions of this chapter are fulfilled. The city manager may, in his/her discretion, grant an application in part only, may prescribe conditions with respect to the discharge of such wastes into the sewage system, and may require pretreatment, periodic monitoring, sampling and reporting, the maintenance of individual screens and pretreatment equipment to collect waste products, the construction and use of tanks designed to equalize flow and reduce peak load, and other best management practices, and development and implementation of spill control plans, waste minimization plans, pollution prevention plans, slug discharge control plans, and other conditions deemed appropriate to ensure compliance with this chapter.

(Ord. 553 § 1 (Exh. A), 2016)

A. The city manager may, at any time, modify an industrial wastewater discharge permit for good cause, including, but not limited to, the following reasons:

1. To incorporate new or revised federal, state or local standards or requirements;

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

3. To address any condition in the sewage system that requires either a temporary or permanent modification of the permitted discharge;

4. The permitted discharge poses a threat to the sewage system, personnel, or environment;

5. The user violated any term or condition of the industrial wastewater discharge permit;

6. Misrepresentation or failure to fully disclose all relevant facts in the industrial wastewater discharge permit application or in any required report;

7. To correct typographical or other errors in the industrial wastewater discharge permit; and

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

(Ord. 553 § 1 (Exh. A), 2016)

A. Industrial wastewater discharge permits may not be transferred to a new owner or operator without prior written approval from the city manager. A permittee must provide at least 30 days' written notice to the city manager prior to an intended transfer. The notice must include written certification by the new owner or operator of the following:

1. That the new owner and/or operator has no immediate intent to change the facility's operations and processes;

2. The specific date on which the transfer is to occur;

3. Acknowledgment and acceptance of full responsibility for complying with all terms and conditions of the existing industrial wastewater discharge permit; and

4. The certification statement set forth in EMC § 13.08.365.

B. Failure to provide notice and obtain approval of the transfer of the industrial wastewater discharge permit in accordance with this section renders the industrial wastewater discharge permit void as of the date of facility transfer.

(Ord. 553 § 1 (Exh. A), 2016)

A. The city manager may revoke an industrial wastewater discharge permit for good cause, including, but not limited to, the following reasons:

1. Failure to notify the city manager or director of significant changes to the wastewater prior to the changed discharge;

2. Failure to provide prior notification of changed conditions pursuant to EMC § 13.08.355;

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

4. Falsifying self-monitoring reports and certification statements;

5. Tampering with or failing to properly maintain monitoring equipment;

6. Refusing to allow the city manager or director timely access to the facility premises and records;

7. Failure to meet effluent limitations;

8. Failure to pay fines;

9. Failure to pay sewer charges;

10. Failure to meet compliance schedules;

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

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

13. Violation of any standard or requirement, or any terms of the industrial wastewater discharge permit, order, or this chapter.

(Ord. 553 § 1 (Exh. A), 2016)

All sampling and analyses are to be conducted in accordance with Part 136 of Title 40 of the Code of Federal Regulations unless otherwise specified in an applicable categorical pretreatment standard established in the Code of Federal Regulations.

(Ord. 553 § 1 (Exh. A), 2016)

A. General. All industrial users must complete monitoring and submit reports specified in the user's industrial wastewater discharge permit, and such other reports as required by the city manager to ensure compliance with the provisions of this chapter or an industrial wastewater discharge permit. All reports must include the certification statement set forth in EMC § 13.08.365.

B. Reports of Changed Conditions. Each user must notify the city manager of any significant changes to the user's operations, system, or processes which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.

1. The user must submit information as the city manager deems necessary to evaluate the changed condition, including the submission of an industrial wastewater discharge permit application.

2. The city manager may decline to issue or issue a new industrial wastewater discharge permit or modify an existing industrial wastewater discharge permit in response to changed conditions or anticipated changed conditions.

C. Reports of Potential Problems.

1. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug discharge, that might cause potential problems for the sewage system, the user shall immediately telephone and notify the city manager of the incident. This notification shall include the time and location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

2. Within five days following such discharge, the user shall, unless waived by the city manager, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the sewage system, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed.

(Ord. 553 § 1 (Exh. A), 2016)

Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the city manager or director.

(Ord. 553 § 1 (Exh. A), 2016)

Users must submit the following certification statement, signed by an authorized representative, when submitting permit applications, monitoring reports, and any other report or statement required to be certified by this chapter or by the city manager:

(Ord. 553 § 1 (Exh. A), 2016)