Escondido Municipal Code Art. 8 Industrial Wastewaters

Prior ordinance history: Ord. Nos. 76-13, § 7, 5-26-76; 82-97, § 7, 9-29-82; 89-24, § 1, 6-7-89; 89-38, § 1, 8-16-89; 90-35, § 1, 7-18-90.

This article sets forth requirements for the city to comply with all applicable state and federal laws, including the Act and the general pretreatment regulations (40 C.F.R. Part 403). The purpose of this article is to prevent the introduction of pollutants that interfere with the operation of the HARRF; prevent pass through at HARRF; provide for the maximum possible beneficial public use of the city's wastewater system, brine, and treatment facilities through adequate regulations and permit requirements governing nonresidential discharges; provide for equitable distribution of the city's costs; promote reuse and recycling; and provide procedures for complying with requirements placed upon the city by other regulatory agencies.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

This article shall supersede all previous regulations and policies of the city governing items covered in this article.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

Editor's note — Ord. No. 2011-18, adopted 12-14-11, repealed § 22-171, pertaining to Definitions, which derived from Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07; § 1, 2-27-2008.

(a) Industrial users shall be categorized as one of the following classes:

(1) Class I—SIUs. Class I industrial users currently regulated by federal categorical pretreatment standards pursuant to 40 C.F.R. section 403.6 and 40 C.F.R. Chapter I, Subchapter N, or any industrial users that discharge an average of 25,000 gpd or more of process wastewater to the HARRF, contribute a process wastestream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the HARRF, or is designated as such by the city on the basis that the industrial user has a reasonable potential for adversely affecting the HARRF's operation or for violating any pretreatment standard or requirement. All Class I SIUs are subject to permitting, inspection, and sampling requirements.

(2) Class II—Non-categorical non-SIUs. Class II industrial users are those whose flow discharges are less than 25,000 gpd, consisting of one(1) of the following subclasses:

(A) Class II-a: Pretreatment required. Class II-a industrial users are non-SIU dischargers who are required to have pretreatment, usually in the form of grease interceptors, grease traps, clarifiers, dental amalgam separators, sand oil separators, silver recovery systems, or any type of source control equipment. This classification primarily consists of automotive service establishments, food service establishments, and some industrial and commercial facilities.

(B) Class II-b: No pretreatment required. Class II-b industrial users are non-SIU dischargers that have no potential to adversely affect the wastewater treatment process or operation at the HARRF and do not violate any pretreatment standard, prohibition, or requirement of this chapter.

(3) Class III—Non-significant categorical industrial user. Class III industrial users are those who are subject to a categorical pretreatment standard for which the industrial user never discharges more than 100 gpd of total categorical wastewater (excluding sanitary, non-contact cooling, and boiler blowdown wastewater), and who also meet the following conditions:

(A) The industrial user has consistently complied with all applicable categorical pretreatment standards and pretreatment requirements;

(B) The industrial user annually submits a certification statement required by 40 C.F.R. section 403.12(q), together with any additional information necessary to support the certification statement; and

(C) The industrial user never discharges any untreated concentrated wastewater.

(b) The director may create additional classifications for industrial users. The pretreatment requirements applicable to such classifications shall comply with local, state, and federal laws. The director may, in accordance with 40 C.F.R. section 403.3(v)(3), determine that an industrial user that meets the criteria for a Class I industrial user (SIU), has no reasonable potential for adversely affecting the HARRF or for violating any pretreatment standards or pretreatment requirements, and, upon such finding, the director may determine that the industrial user is not a SIU. The director's power includes, but is not limited to, issuing a zero discharge certification to zero discharge categorical users. Zero discharge categorical users are industrial users subject to federal pretreatment standards, as described in 40 C.F.R. section 405 et seq., have any connection to the sanitary sewer system; but do not discharge wastewater from the categorical process to the sanitary sewer. Such certifications shall include all information the director deems necessary to ensure compliance with this chapter and all applicable state and federal laws.

(c) Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all pretreatment standards and other prohibitions set out in this chapter within the time limits specified by the EPA, the state, or the city, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before such facilities are constructed. The city's review of plans and operating procedures shall in no way relieve the user from the responsibility of modifying a facility as necessary to produce a discharge acceptable to the city under the provisions of this chapter.

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

(e) The city may require any person discharging into the POTW to install and maintain on the person's property and at the person's expense a suitable storage and flow-control facility to ensure equalization of flow.

(f) All non-domestic dischargers are required to have a current business license with the city.

(g) SIU and industrial users in significant noncompliance (SNC). A SIU (or any other industrial user that violates subsection (3), (4), or (8) below) is in SNC if its violation meets one or more of the following criteria:

(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter during a six month period exceed (by any magnitude) a numeric pretreatment standard or pretreatment requirement, including instantaneous limits;

(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six month period equals or exceeds the product of the numeric pretreatment standard or pretreatment requirement, including instantaneous limits, multiplied by the applicable criteria (1.4 for BOD, TSS, or FOG; and 1.2 for all other pollutants except pH);

(3) Any other violation of a pretreatment standard or pretreatment requirement pursuant to this chapter or as defined by 40 C.F.R. section 403.3(l), including daily maximum limit, long-term average, instantaneous limit, or narrative standard, that the director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);

(4) Any discharge of a pollutant that has caused imminent endangerment to the public or the environment, or has resulted in the director's exercise of its emergency authority to halt or prevent such a discharge;

(5) Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit, local control mechanism, or enforcement order for starting construction, completing construction, or attaining final compliance;

(6) Failure to provide, within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7) Failure to accurately report noncompliance; or

(8) Any other violation or group of violations, which may include a violation of BMPs, that the director determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2018-01, § 10, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)

The following general prohibitions apply to all users of the HARRF whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or pretreatment requirements. No facility or person shall discharge, deposit, or cause or allow to be discharged or deposited or passed through into the city's wastewater system any wastewater containing any wastewater, pollutant, material, or substance prohibited by section 22-37 of this chapter;

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2018-01 § 11, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)

(a) General limitations. In addition to prohibited discharges as set forth in section 22-173, no person shall otherwise discharge or convey, or permit or allow to be discharged or conveyed, to the city wastewater system any pollutants of such character or quantity that will:

(1) Not be susceptible to treatment or interfere with the process or efficiency of the treatment system;

(2) Constitute a hazard to human or animal life, or to the stream or watercourse receiving the treatment plant effluent;

(3) Violate any federal, state, or local pretreatment standard;

(4) Any material or quantity of material that will cause or have the potential to cause the HARRF's effluent to exceed the concentration limits of its NPDES permit as established by the RWQCB, and any subsequent amendments as are duly adopted from time to time by the RWQCB.

(b) Local limits. In addition to the limitations specified in subsection (a) above, the city's local limits shall apply to all discharges to the city's sewage system. The Local Limits may be allocated among industrial user classes or individual users as uniform or non-uniform concentration limits and mass loading limits. The industry being issued daily maximum concentrations may vary depending on the type of industry, flow, and loading that may impact the HARRF and will be issued limits applicable to that specific industry.

(c) Daily maximum limits. The daily maximum limits of specific contaminants that may be present in a user's discharge to the city sewage system shall be set by resolution of the city council. It is unlawful to discharge wastewater containing contaminants in excess of the daily maximum limits set by resolution of the city council.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 97-34R, § 1, 1-21-98; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2018-01, § 12, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)

(a) It is unlawful for any person to discharge or cause to be discharged into any storm drain or stormwater channel or natural watercourse, whether currently carrying water or not, or into any pipe or waterway leading to such drain, channel, or watercourse, any solid or fluid material that (1) will impair, or has the potential to impair, the useful functioning of such drain, channel, or watercourse; (2) causes expense to the city, or other public agency, in maintaining the proper functioning of such drain, channel, or watercourse; (3) causes a public nuisance or public hazard; or (4) causes detrimental pollution of natural surface or subsurface waters.

(b) It is unlawful for any person to deposit or discharge into any impermeable sump, into any pit or well, onto the ground, or into any storm drain or watercourse any material that, by seeping underground or by being leached or by reacting with the soil, is detrimental to the usable underground waters and exceeds the range of the effects of ordinary nonindustrial land uses on underground waters into which such wastes seep, or that violates any requirements of the RWQCB.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

(a) A wastewater discharge permit must be obtained by any industrial user whose wastewater contains or may contain pollutants not normally found or in concentrations in excess of those normally found in domestic wastewater. Users requiring a wastewater discharge Permit shall include, but not be limited to, the following categories:

(1) A user whose wastewater contains or may contain any substance that would cause the wastewater to be considered a prohibited discharge under this article;

(2) A user that meets the criteria set forth in 40 C.F.R. section 403.3, is designated as a SIU, and is categorized as a Class I industrial user pursuant to section 22-172(A)(1);

(3) Any other user determined by the director to require special regulation or source control;

(b) A non-domestic discharge of wastewater to the sewage system is prohibited unless the discharger obtains a wastewater discharge permit or other authorization to discharge from the city;

(c) Class I and Class III industrial users are required to obtain a wastewater discharge permit from the city prior to initiating discharge;

(d) The director is authorized to make the determination as to which discharge class the discharger will be assigned;

(e) The director is authorized to require each discharger to submit a wastewater discharge permit application in accordance with section 22-177; and

(f) Any beer manufacturer, winegrower, brandy manufacturer, or distilled spirits manufacturer must obtain a wastewater discharge permit prior to initiating a discharge.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2014-11, § 2, 3-19-14; Ord. No. 2021-16, § 3, 10-27-21)

(a) No user shall discharge wastewater into the city's POTW, or other wastewater system without first obtaining an individual wastewater discharge permit. The director may require users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this chapter.

(b) Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this chapter. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or pretreatment requirements or with any other requirements under federal, state, or local laws, regulations, or orders.

(c) A user applying for a new individual wastewater discharge permit shall submit a complete application at least 90 days prior to connecting to or contributing to the city's wastewater system. A user seeking reissuance of an individual wastewater discharge permit must submit a complete application no later than 180 days before the expiration of the user's wastewater discharge permit.

(d) The director may require applicants to submit all or some of the following information as part of a wastewater discharge permit application:

(1) Identifying information. Contact information consisting of the name and address of the premises or facility, including the name of the operator and owner, as well as a general description of the premises or facility;

(2) Environmental permits. A list of all environmental control permits held by or for the owner and operator of the premises or facility.

(3) Description of activity.

(A) A brief description of the nature; average rate of production (including each product produced by type, amount, processes, and rate of production); and standard industrial classification (SIC) of the operations carried out by the user. This description should include a schematic process diagram that indicates points of discharge to the POTW from the regulated processes.

(B) Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility that are, or could accidentally or intentionally be, discharged to the POTW;

(C) Number and type of employees, hours of operation, and proposed or actual hours of operation;

(D) Type and amount of raw materials processed (average and maximum per day);

(E) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge including, but not limited to, locations of sewer connection laterals;

(4) Time and duration of discharges;

(5) The location for monitoring all wastes covered by the wastewater discharge permit, including, but not limited to, sampling points and pretreatment facilities;

(6) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day (gpd), to the POTW from regulated process streams and other streams as further described in 40 C.F.R. section 403.6(e), including, but not limited to, estimated wastewater strength, estimated wastewater flow, average wastewater discharge flow rates for each sewer connection lateral, and peak wastewater discharge flow rates for each sewer connection lateral;

(7) Measurement of pollutants.

(A) The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

(B) The results of sampling and analysis identifying the nature and concentration, and/or mass of regulated pollutants in the discharge from each regulated process.

(C) Instantaneous, daily maximum, and long-term average concentrations, or mass, where required.

(8) Facilities and plant processes on the premises, including raw materials, processes, and types of materials that are or could be discharged;

(9) SIC number;

(10) Total product produced, by type;

(11) Number and responsibilities of employees; and

(12) Other information the director may deem necessary to evaluate the application.

(e) The director shall notify the individual wastewater discharge permit applicant when the application is deemed to be complete. The director will approve or deny the wastewater discharge permit application within 90 days of receipt of a complete application. Incomplete or inaccurate wastewater discharge permit applications will not be processed and will be returned to the applicant for revision.

(f) All wastewater permit applications, user reports, and certification statements must be signed by an authorized representative of the user. If the designation of an authorized representative of the user is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the director prior to or together with any reports to be signed by an authorized representative of the user. All wastewater discharge permit applications, user reports, and certification statements must contain the applicable certification statement pursuant to section 22-187.

(g) It shall be deemed unlawful to submit false information when applying for a wastewater discharge permit or business license, or to use a SIC number that identifies a non-specific generalized process if the process being performed is subject to federal categorical regulations based on 40 CFR 403 regulations.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

(a) A wastewater discharge permit shall include such terms and conditions as are deemed reasonably necessary by the director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

(b) Terms. A wastewater discharge permit shall be expressly subject to all provisions of this article and all other applicable regulations established by the city. An individual wastewater discharge permit must contain:

(1) A statement that indicates the wastewater discharge permit issuance date, expiration date, and effective date;

(2) A statement that the wastewater discharge permit is nontransferable without prior written consent of the director pursuant to section 22-181, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

(3) A group classification designation;

(4) Effluent limits, including BMPs, based on applicable pretreatment standards;

(5) Requirements for monitoring, self-monitoring, sampling, reporting, notification, and recordkeeping, including an identification of pollutants (or BMPs) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

(6) Requirements for reports of initial and continuing compliances;

(7) Requirements for pretreatment facilities;

(8) A statement of applicable civil and criminal penalties for violation of pretreatment standards and pretreatment requirements, and any applicable compliance schedule, which may not extend the time for compliance beyond that required by applicable federal, state, or local law;

(9) Requirements to control slug discharge, if determined by the director to be necessary.

(c) Conditions. A wastewater discharge permit may contain, but need not be limited to, the following conditions:

(1) Limits on average and maximum rate of discharge, restriction of discharge to certain hours of the day, or requirements for flow regulation and equalization;

(2) Requirements for the installation of flow measurement or other facilities, including, but not limited to, the installation of pretreatment technology, pollution control, or construction of appropriate containment devices designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW;

(3) Requirements for the development and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

(4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

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

(6) Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices and city access to the facilities;

(7) Specifications for monitoring programs that may include sampling locations; method of sampling; chemical constituents to be reported upon; frequency of sampling; and number, types, and standards for tests;

(8) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those that become effective during the term of the wastewater discharge permit;

(9) A permit application fee;

(10) Limitations on wastewater strength for the flow in each sewer connection lateral, including average and maximum concentrations of the wastewater constituents and characteristics;

(11) Requirements for submission of technical reports or discharge reports, and authority for the director to copy all such reports kept at the premises of the user;

(12) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording access to the city for the purposes of inspection and copying;

(13) Requirements for facilities to prevent accidental discharge or slug discharge of prohibited materials or other wastes regulated by this article; and

(14) Other conditions as deemed appropriate by the director to ensure compliance with this chapter or federal and state laws, regulations, or orders.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2018-01, § 13, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)

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

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2018-01, § 14, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)

(a) The city maintains sole discretion to change any of the terms and conditions of a wastewater discharge permit at any time as circumstances may require. The city shall allow a user reasonable time to comply with any changes to a wastewater discharge permit as implemented by the city.

(b) An amended wastewater discharge permit shall be required prior to the commencement of any construction of new facilities or operation of modified facilities for any of the following:

(1) Alterations to connections to the wastewater collection system; or

(2) Modification of an industrial plant, process, or wastewater treatment facility in a manner that would increase or decrease the flow rate or alter the quality of the wastewater discharge described in the corresponding wastewater discharge permit.

(c) Upon promulgation of a new national categorical pretreatment standard, the director shall notify by registered letter all users who may be subject to such standard, including the applicable reporting requirements under 40 C.F.R. section 403.12. Within 180 days after the promulgation of a new national categorical pretreatment standard, all applicable users shall make an application to the director for a wastewater discharge permit. Likewise, applicable users with an existing wastewater discharge permit shall make application to the director for a revised permit within 180 days after the promulgation of such standard. The city shall respond by issuing a new or revised wastewater discharge permit to the applicant.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation unless approved by the director.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

(a) A wastewater discharge permit may be revoked for good cause, including but not limited to being revoked for the following reasons:

(1) Failure to notify the director of significant changes in operations or wastewater constituents and characteristics prior to the challenged discharge;

(2) Failure to provide prior notification to the city of changed conditions pursuant to this chapter;

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

(4) Falsifying a self-monitoring report or certification statement;

(5) Tampering with monitoring equipment;

(6) Refusing to allow city personnel reasonable and timely access to the user's premises, facilities, or records for the purpose of inspection or monitoring;

(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;

(13) Violation of any pretreatment standard or pretreatment requirement, any term or condition of the wastewater discharge permit, or any provision of this chapter;

(14) Failure of a user to accurately report the wastewater constituents and characteristics of its discharge; or

(15) Any violation of the terms or conditions of the wastewater discharge permit.

(b) A wastewater discharge permit shall be voidable upon cessation of operations or transfer of business ownership. Any wastewater discharge permit issued to a user is void upon the issuance of a new wastewater discharge permit to that user.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

(a) The director is charged with responsibility for the city's wastewater control program, the administration and enforcement of the provisions of this article, and the City of Escondido municipal industrial waste program's enforcement response procedures.

(b) To effectively administer and enforce the provisions of these regulations, the director may require any discharger to comply with any or all of the requirements of this chapter.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

(a) Pretreatment requirements for food service establishments, automotive service establishments, and other industrial users.

(1) Each establishment shall have its own separate pretreatment equipment unless there is approved communal pretreatment equipment.

(2) Each food service establishment must have its own separate rendered oil container.

(3) Any tenant improvement, addition of fixtures, or remodel of an existing facility shall require installation or upgrade of pretreatment equipment. Pretreatment equipment must be approved by the environmental programs prior to installation and must comply with the most recently adopted version of the Uniform Plumbing Code, as well as any other requirements mandated by environmental programs.

(4) Pretreatment equipment shall be provided, subject to the director's approval, when necessary for the proper handling of liquid wastes containing grease in excessive amounts, or regulated wastes, sand, or other harmful or potentially harmful materials; except that such equipment shall not be required for private living quarters or dwelling units. All pretreatment equipment shall be of a type and capacity as required by the most recently adopted version of the Uniform Plumbing Code, shall be subject to the director's approval, and shall be located so as to be readily and easily accessible for cleaning and inspection.

(5) All stored liquid waste or bulk storage of new liquid products shall be stored under cover and have secondary containment.

(6) The requirement for installation of pretreatment equipment shall be indicated in the user's wastewater discharge permit.

(7) All pretreatment equipment deemed necessary shall be installed and maintained at the owner's expense.

(8) All pretreatment equipment shall be cleaned by a licensed hauler and in efficient operation at all times. Pretreatment equipment that is failing or damaged shall be replaced to current standards.

(9) Food waste disposal units and waste pulper systems are not allowed in commercial kitchens. Food service establishment dishwasher units must discharge downstream of the food service establishment's grease removal equipment.

(10) Any establishment that generates hazardous waste shall have a proper California Hazardous Waste Permanent ID number provided by the Department of Toxic Substances Control. All generated waste shall be disposed of properly through a licensed hauler for the automotive wastes generated on-site, including, but not limited to, motor oil, oil filters, antifreeze, transmission fluid, and wet and dry paint waste.

(11) Maintenance records and hauling and disposal manifests shall be current and kept on-site and readily available for inspection at all times. Each individual discharger shall retain its own maintenance records for pretreatment equipment, even when there is existing communal pretreatment equipment on-site. Falsified records shall result in an administrative citation and may also result in additional enforcement action pursuant to this chapter.

(b) Mercury reduction program. The city may require on-site silver recovery or mercury pretreatment at photographic, medical, dental, or similar facilities, in order to ensure compliance with the city's local limits for silver and mercury. The city will regulate these industries under Class II-a permits.

(c) Pretreatment requirements for a beer manufacturer, winegrower, brandy manufacturer, or distilled spirits manufacturer may be determined administratively by the director based on the quality and quantity of the operations and in accordance with all provisions of this chapter.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 97-34R, § 2, 1-21-98; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2014-11, § 3, 3-19-14; Ord. No. 2018-01, § 15, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)

(a) Protection from accidental discharge and slug discharge.

(1) The city shall evaluate whether each SIU needs an accidental discharge control plan or accidental slug discharge control plan, or both, or other action to control slug discharges. The city may require any user to develop, submit for approval, and implement such a plan, or take such other action that may be necessary to control slug discharges.

(2) Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this article. Facilities to prevent accidental discharge of such materials shall be provided and maintained at the user's expense. Detailed plans showing facilities and operation procedures to provide this protection shall be submitted to the director for review, and shall be approved by the director, pursuant to the director's approval, before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify its facility as necessary to meet the requirements of this article.

(3) Each user required to provide facilities for protection from accidental discharge shall be identified in the user's wastewater discharge permit. Permit provisions shall describe the extent of facilities required and shall outline a compliance schedule.

(4) If, for any reason, a facility does not comply with or is unable to comply with the protection from accidental discharge limitations of this article, the facility responsible for such discharge shall immediately notify the director or appropriate response authority so that corrective action may be taken to protect the treatment system.

(5) In the event of any accidental discharge, a written report addressed to the director detailing the date, time, and cause of the accidental discharge; the quantity and characteristics of the discharge; and corrective action taken to prevent future discharges, shall be filed by the responsible user within five days of the occurrence of the discharge.

(6) At least once every two years, the director shall evaluate whether each SIU needs an accidental discharge control plan or accidental slug discharge control plan, or both, or other action to control slug discharges. The director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the director may develop such a plan for any user. An accidental discharge control plan or accidental slug discharge control plan, or both, shall address, at a minimum, the following:

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

(B) Description of stored chemicals;

(C) Procedures for immediately notifying the director of any accidental or slug discharge, as required by this section; and

(D) Procedures to prevent adverse impacts from any accidental or slug discharge. Such procedures shall include, but shall not be 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 pollutants, including solvents; and measures and equipment for emergency response.

(7) SIUs are required to notify the director immediately of any changes at the SIU's facility affecting the potential for a slug discharge.

(b) Bypass of a treatment facility. Any bypass is prohibited unless otherwise permitted by 40 C.F.R. section 403.17. In the event of a bypass, the industrial user must comply with all the requirements of 40 C.F.R. section 403.17.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2018-01, § 16, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)

(a) The city may require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

(b) There shall be ample room in or near such a facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

(c) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city. Such notification may be as indicated in the user's wastewater discharge permit.

(d) The monitoring program may require the user to conduct a sampling and analysis program of a frequency and type specified in the user's wastewater discharge permit to demonstrate compliance with prescribed wastewater discharge limits. As specified in the user's wastewater discharge permit, the user shall either:

(1) Conduct its own sampling and analysis program provided the user demonstrates to the director that the user has the necessary qualifications and facilities to perform the work; or

(2) Engage a private laboratory, certified by the State of California Department of Public Health.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

(a) The city shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any individual wastewater discharge permit or order issued hereunder. The city may inspect the facilities of any user to ascertain whether the purpose of this article and all requirements are being met. Persons or occupants of premises where nonresidential wastewater is discharged, have the potential of being discharged, or are suspected of being discharged shall allow the city access at all times to all parts of the premises for the purposes of inspection, photographing, video recording, sampling, records examination and copying, any other form of inspection or documentation, or the performance of any additional duties.

(1) Where a user has security measures in force that require proper identification and clearance before entry into the user's premises, the user shall make necessary arrangements so that, upon presentation of suitable identification, personnel from the city, the EPA, or their authorized representatives shall be permitted to enter without delay for the purposes of performing specific responsibilities.

(2) The city shall have the right to set up on the user's premises, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

(3) Any temporary or permanent obstruction to safe and easy access to the premises or facility to be inspected and/or sampled shall be promptly removed, at the user's sole expense, by the user at the written or oral request of the director and shall not be replaced.

(4) An unreasonable delay in allowing the city access to the user's premises shall be a violation of this chapter.

(b) The city shall randomly sample and analyze the effluent from nonresidential users to identify, independently of self-monitoring information supplied by the user, occasional and continuing noncompliance with the user's wastewater discharge permit or other regulations set forth by this article.

(c) The city shall investigate instances of noncompliance as indicated in the user's self-monitoring reports or random inspection and surveillance activities described in this section. Sample collection and analysis and the acquisition of other information shall be performed with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions, and the user so investigated shall be liable for all charges incurred by the city for such investigation.

(d) The city may adopt reasonable fees for reimbursement of costs of setting up and operating the city's pretreatment program, which may include:

(1) Fees for wastewater discharge permit applications, including the cost of processing such applications;

(2) Fees for monitoring, inspection, and surveillance procedures, including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;

(3) Fees for reviewing and responding to accidental discharge procedures and construction;

(4) Fees for filing appeals;

(5) Other fees as the city may deem necessary to carry out the requirements contained herein; and

(6) The fees referenced in this subsection (d) relate solely to the matters covered by this article and are separate from all other fees, fines, and penalties chargeable by the city. These fees may be set from time to time by resolution of the city council.

(e) Dischargers subject to the California Industrial General Permit for Stormwater shall allow the Water Boards, U.S. EPA, and City of Escondido (including any authorized contractor acting as their representative), to:

(1) Enter upon the premises at reasonable times where a regulated industrial activity is being conducted or where records are kept under the conditions of this general permit;

(2) Access and copy at reasonable times any records that must be kept under the conditions of this general permit;

(3) Inspect the facility at reasonable times; and

(4) Sample or monitor at reasonable times for the purpose of ensuring general permit compliance.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

(a) The point of determining compliance with the provisions of this article (and of the user's wastewater discharge permit, if applicable) shall be at the point of the discharge to the wastewater system or such other upstream sampling point on the private lateral as mutually agreed upon by the nonresidential user and the director. Where multiple discharge points to the city wastewater collection system are regulated by a wastewater discharge permit, sampling must be carried out at an acceptable location for each permitted discharge. Where certain wastes are critical, the director may specify, through the provisions of the user's wastewater discharge permit, procedures for obtaining necessary samples, and require that any persons discharging wastewater install a measuring device, that samples be analyzed and measurements of flow taken and reported to the city, and that such sampling and measuring device shall be made accessible to the director.

(b) Unless otherwise specified in the provisions of the user's wastewater discharge permit, compliance with the requirements of this article are based on the mean values obtained from analysis of composite samples of industrial waste representative of the quality and quantity of discharge to the sewer. All such samples shall be weighted with the flow at the sampling point to furnish values weighted with time and quantity for each required chemical constituent. The frequency of monitoring shall be as prescribed in the user's wastewater discharge permit.

(c) Sampling and analysis shall be performed in accordance with section 22-187-1, or other sampling and analytical procedures subject to the director's approval.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

Editor's note — Ord. No. 2021-16, adopted 10-27-21, repealed § 22-191, pertaining to confidential information, which derived from Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11

(a) In addition to the enforcement and remedy provisions set forth in article 1 of this chapter, the city may adopt procedures and rules for the implementation and administration of this article. The city shall enforce the provisions of this article, including all requirements established or permits issued pursuant to this article.

(b) Requiring discharger to submit schedule of remedial or preventive measures. When the director finds that a discharge of wastewater is taking place, has taken place, or is threatening to take place and that such discharge violates, has violated, or will violate prohibitions or limits prescribed by this article, wastewater source control requirements, or the provisions of a wastewater discharge permit, the director may require the user to submit for approval of the director, with such modifications as may be deemed necessary, a detailed time schedule of specific actions the user shall take to correct or prevent a violation of this chapter.

(c) Issuance of cease and desist order. When the director finds that a discharge of wastewater is taking place, has taken place, or is threatening to take place and that such discharge violates, has violated, or will violate prohibitions or limits prescribed by this article, wastewater source control requirements, or the provisions of a wastewater discharge permit, the director may issue to the noncompliant user an order to cease and desist and direct the user to:

(1) Comply immediately;

(2) Comply in accordance with a time schedule prescribed by the director; or

(3) In the event of a threatened violation, take appropriate remedial or preventative action.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

(a) Any permit applicant, permit holder, or other user affected by any decision, action, or determination, including cease and desist orders, made by the director in interpreting or implementing the provisions of this article, or any permit issued hereunder, may file with the director a written request for reconsideration within 10 days of such a decision, action, or determination, setting forth in detail the facts supporting the request. The director may elect to hold a hearing on the request. The request for reconsideration shall be acted upon by the director within 10 days from the date of filing or the close of the reconsideration hearing. The decision, action, or determination shall remain in effect during such period of review by the director.

(b) If the ruling made by the director is unsatisfactory to the user requesting reconsideration, the user may, within 10 days after notice of the action by the director, file a written appeal to the city council.

(c) The written appeal shall state all pertinent aspects of the matter and shall include the hearing record if one was requested. The city council may amend, modify, confirm, or reject any decision, judgment, or finding (including waivers) of the director so long as the purpose and intent of this article is not violated.

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

(a) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance that, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. Part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes; an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month; and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications shall take place no later than one hundred (180) days after the discharge commences. Any notification under this section needs to be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted pursuant to section 22-187(D)(4). The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the applicable self-monitoring requirements within section 22-187.

(b) In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the director, the EPA Regional Waste Management Waste Division director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(c) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(d) This section does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter; a permit issued thereunder; or any applicable federal, state, or local law, regulation, or order.

(Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)