Chapter 13.28 — INDUSTRIAL WASTES

A.

The city is responsible for operating and maintaining the sanitary sewer system and the POTW for the city. Wastewaters discharged to this system eventually reach the surface of underground waters of the state of California.

B.

Regulation of these wastes through physical inspection of disposal facilities and chemical testing is necessary to:

Protect the facilities from damage by deleterious wastes;

Protect the treatment processes against the introduction of pollutants into the POTW that will interfere with its operation;

Protect the operating and maintenance personnel;

Preserve capacity in the sanitary sewer system for sanitary wastes and appropriate industrial wastes;

Ensure the safety and welfare of the public;

To prevent the introduction of pollutants into the POTW that will pass through the POTW, allow inadequately treated wastewater into receiving waters, or otherwise be incompatible with the POTW;

Conserve a reclaimable resource (water reclamation); and

Promote reuse and recycling of wastewater and sludge from the POTW.

(Ord. 614 §1(part), 2004)

Except as otherwise provided herein, the city administrator shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the city administrator may be delegated by the city administrator to other city personnel.

(Ord. 614 §1(part), 2004)

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

"Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.

"Approval authority" means the California Regional Water Quality Control Board, Central Valley Region, or any successor agency.

"Authorized representative of the industrial user" means:

A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;

A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively;

A director or highest official appointed or designated to oversee the operation and performance of the activities, if the industrial user is a federal, state or local government facility; or

A duly authorized representative, submitted to the city in writing, of the individual designated in this section, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

"BOD" (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees centigrade, expressed in parts per million of weight.

"Building sewer" or "house lateral" means connecting piping between the building and the public sanitary sewer.

"Bypass" means the intentional diversion of waste streams from any portion of an industrial user's pretreatment facility.

"Categorical pretreatment standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, subchapter N, parts 405— 471, as may be amended.

"City" means the city of Exeter.

"City administrator" means the city administrator or his/her authorized deputy, agent, or representative.

"City council" means the city council for the city of Exeter.

"Composite" or "composite sample" means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

"Cooling water" means the water that is discharged from any use, such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.

"Environmental Protection Agency" or "EPA" means the U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of said Agency.

"Garbage" means solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

"Grab" or "grab sample" means a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen minutes.

"Indirect discharge" or "discharge" means the introduction of pollutants into the POTW from any nondomestic source regulated under Sections 307(b), (c), or (d) of the Act.

"Industrial wastes" means liquid wastes from industrial processes as distinct from sanitary sewage.

"Interference" means a discharge which, either alone or in conjunction with a discharge or discharges from other sources, both: inhibits or disrupts the POTW, its treatment processes or operations, or its sludge

processes, use or disposal; and is, therefore, a cause of a violation of any requirement of the city's waste discharge requirements issued by the California Regional Water Quality Control Board, including any increase in the magnitude or duration of a violation, or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (including Title II, more commonly referred to as the Resource Conservation and Recovery Act and including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the Solid Waste Disposal Act), the Clean Air Act, the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act, or 40 CFR 503 (sewage sludge regulations)

"Local limit" means any requirement or prohibition against pollutant discharges from any nondomestic user, as established by the city, to address federal, state, and local regulations.

"Medical waste" means isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

"Pass through" means a discharge which exits the POTW in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's waste discharge requirements including any increase in the magnitude or duration of a violation.

"Person" means any individual, firm, company, association, society, corporation, group, partnership, copartnership, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

"pH" means a measure of the acidity of alkalinity of a solution, expressed in standard units.

"Pollutants" means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural wastes and certain characteristics of wastewater (including, but not limited to, pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor)

"Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of the pollutant properties in wastewater prior to, or in lieu of, discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

"Pretreatment standards" means prohibitions, categorical pretreatment standards, and local limits.

"Prohibitions" means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Sections 13.28.100 and 13.28.110.

"ppm" means parts per million.

"Publicly owned treatment works" or "POTW" means a treatment works as defined by Section 212 of the Act (33 U.S.C. Section 1292) that is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

"Public sanitary sewer" means a sanitary sewer directly controlled by the city.

"Sanitary sewage" means any and all waste substances, liquids or solids associated with human habitation, but excluding stormwaters, surfacewaters and groundwaters, and industrial wastes.

"Sanity sewer" means a sewer to which sanitary sewage is admitted and to which stormwaters, surfacewaters, and groundwaters are not intentionally admitted.

"Sewage" means human excrement and gray water (household showers, dishwashing operation, etc.)

"Sewer" means a pipe or conduit for carrying sewage or wastewater.

"Slug" means any discharge at a flow rate or concentration which could cause a violation of the prohibitions in Section 13.28.110 of this chapter.

"Storm sewer" or "storm drain" means a sewer which carries stormwaters and surfacewaters and drainage, but excludes sanitary sewage and polluted industrial wastes.

"Stormwater" means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

"User" or "industrial user" means a source of indirect discharge.

"Wastewater" means a liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and instituentions, whether treated or untreated, which are contributed to the POTW.

(Ord. 614 §1(part), 2004)

A.

Connection to Public Sanitary Sewers. No unauthorized person shall uncover, make any connection with or any opening to, use, alter or disturb a public sanitary sewer or appurtenance thereof without first obtaining a written permit from the city administrator.

B.

Industrial Wastes Discharges. Any person proposing to discharge industrial wastes into the city sanity sewer system shall first obtain a permit to do so from the city administrator. Such permit shall be known as an industrial wastewater discharge permit.

C.

Permit Applications. All users required to obtain a wastewater discharge permit must submit a permit application. The city administrator may require all users to submit as part of an application the following information:

Name and address of applicant;

Location of connection or proposed connection with sanitary sewer system;

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

Each product produced by type, amount, process or processes, and rate of production;

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

Estimated gallonage of wastes proposed to be discharged and statement as to approximate time of discharging same, together with information as to peak loads, and such other similar data as the city administrator may require;

Statement of the character of the waste proposed to be discharged, including such detail in connection therewith as the city administrator may require, including proposed pretreatment facilities, if any, and chemical and biological constituency of the discharge;

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;

Time and duration of discharges; and

Any other information as may be deemed necessary by the city administrator to evaluate the wastewater discharge permit application.

(Ord. 614 §1(part), 2004)

All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

 "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualifies personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(Ord. 614 §1(part), 2004)

After having filed the information required for an industrial wastewater discharge permit under Section 13.28.030, the following procedures shall govern issuance of the permit by the city administrator:

A.

The city administrator will evaluate the data furnished by the user and may require additional information. Within sixty days of receipt of a complete wastewater discharge permit application, the city administrator will determine whether or not to issue a wastewater discharge permit. The city administrator may deny any application for a wastewater discharge permit;

B.

Permits shall include such conditions as are reasonably deemed necessary by the city administrator to prevent pass through or interference, protect the quality of the effluent from the treatment plant, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality, and protect against damage to the POTW. Each wastewater discharge permit shall be expressly subject to all of the provisions of this chapter and all other regulations, user charges and fees that are established by the city. The conditions of all wastewater discharge permits shall be uniformly enforced in accordance with this chapter and applicable federal and state regulations;

C.

The permit may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers of the city, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the city created by the wastewater discharge and such other conditions as may be required to effectuate the purpose of this chapter;

D.

The permit may require sampling and analysis of the wastewater discharged by the user. Sampling and analysis shall be performed as described in Section 13.28.150 of this chapter.

(Ord. 614 §1(part), 2004)

No permit for industrial wastewater discharge is transferable without the prior written consent of the city administrator.

(Ord. 614 §1(part), 2004)

Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of the ordinance codified in this chapter and who wishes to continue such discharges in the future, shall, within ninety days after said date, apply to the city administrator for a wastewater discharge permit in accordance with Section 4.5 of this ordinance, and shall not cause or allow discharges to the POTW to continue after one hundred eighty days of the effective date of the ordinance codified in this chapter except in accordance with a wastewater discharge permit issued by the city administrator.

(Ord. 614 §1(part), 2004)

Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 4.5 of this ordinance, must be filed at least ninety days prior to the date upon which any discharge will begin or recommence.

(Ord. 614 §1(part), 2004)

The city may change the restrictions or conditions of a permit for industrial wastewater discharge from time to time as circumstances may require. The city shall allow an industrial discharger a reasonable period of time to comply with any changes in the industrial wastewater permit required by the city.

(Ord. 614 §1(part), 2004)

A.

The city administrator may revoke a permit for industrial wastewater discharge upon a finding that the discharger has violated any provision of this chapter including, but not limited to, the following reasons:

Failure to notify the city administrator of significant changes to the wastewater prior to the changed discharge;

Failure to provide prior notification to the city administrator of changed conditions pursuant to Section 13.28.070 of this chapter;

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

Falsifying self-monitoring reports;

Tampering with monitoring equipment;

Refusing to allow the city administrator timely access to the facility premises and records;

Failure to meet effluent limitations;

Failure to pay fines;

Failure to pay sewer charges;

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

Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.

B.

Any discharger whose industrial wastewater permit has been revoked shall immediately stop all discharge of any wastes covered by the permit to any city sewer. The city administrator may disconnect or

permanently block from such public sewer the industrial connection sewer of any discharger whose permit has been revoked, if such action is necessary to ensure compliance with the order of revocation.

C.

Before any further discharge of industrial wastewater may be made by the discharger, he/she must apply for a new industrial wastewater permit, and pay all charges that would be required upon initial application, together with all delinquent fees, charges and penalties and such other sums as the discharger may owe to the city. Costs incurred by the city in revoking the permit and disconnecting the industrial connection sewer shall be paid for by the discharger before issuance of a new permit.

(Ord. 614 §1(part), 2004)

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 13.28.030 of this chapter, a minimum or sixty days prior to the expiration of the user's existing wastewater discharge permit.

(Ord. 614 §1(part), 2004)

No person shall discharge, deposit or throw, or cause, allow, or permit to be discharged into any public sewer or plumbing fixture connected to the sewer any substance tending to obstruct or injure the POTW or cause a nuisance, interference, or pass through, or which will in any manner interfere with the proper repair or maintenance of the POTW, or will in any way render it difficult for any workmen to operate or repair the POTW.

(Ord. 614 §1(part), 2004)

No person shall discharge or cause to be discharged, any of the following described waters or wastes to any public sewer:

A.

Wastewater having a temperature higher than one hundred fifty degrees Fahrenheit, or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees Fahrenheit (forty degrees Centigrade);

B.

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

C.

Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas, or other pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than one hundred forty Fahrenheit (sixty degrees Centigrade) using the test methods specified in 40 CFR 261.21;

D.

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 POTW;

E.

Any ashes, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, wood or any other solid, or viscous substance capable of causing obstructions to the flow in sewers or other interference with the proper operation of the POTW;

F.

Any waters or wastes having a pH lower than 5.0 or higher than 9.0 or having any other corrosive characteristic capable or causing damage or hazard to structures, equipment or personnel of the POTW;

G.

Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the POTW;

H.

Any noxious or malodorous gas or substance capable of creating a public nuisance;

I.

Storm water, surface water, ground water, 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 administrator;

J.

Any constituent such as mercury, DDT, ether chlorinated hydrocarbon, or other substance that enter food webs or biological systems;

K.

Any discharge with concentration of hexavalent chromium exceeding five milligrams per liter, cyanide (as Cn) exceeding two milligrams per liter, copper (as Cu) exceeding five milligrams per liter, or zinc (as Zn) exceeding ten milligrams per liter;

L.

Any slugs, as defined by this chapter;

M.

Any radioactive isotopes;

N.

Any materials, including salts or salinity constituents, or sludge which would alone, or in conjunction with other sources, cause the discharge or sludge from the city's POTW to violate waste discharge requirements (WDRs) for the plant imposed by the California Regional Water Quality Control Board, Central Valley Region;

O.

Any liquid added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations;

P.

Any wastes containing over 0.1 milligrams per liter of dissolved sulfides;

Q.

Sludges, screenings, or other residues from the pretreatment of industrial wastes;

R.

Any trucked or hauled pollutants;

S.

Any waste producing excessive discoloration of wastewater or treatment plant effluent;

T.

Any garbage or waste that is not ground sufficiently to pass through a three-eighths-inch screen;

U.

Wastewater causing two readings on an explosion hazard meter at the point of discharge into, or at any point in, the city's public sewer of more than ten percent or any single reading over five percent of the lower explosive limit of the meter; and

V.

Medical wastes, except as specifically authorized by the city in a wastewater discharge permit.

(Ord. 614 §1(part), 2004)

A.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the city administrator, they are necessary for the proper handling of liquid wastes, sand, and/or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city administrator, and shall be so located as to be readily and easily accessible for cleaning and inspection.

B.

Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.

C.

When installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.

(Ord. 614 §1(part), 2004)

The categorical pretreatment standard found at 40 CFR Chapter I, subchapter N, parts 405—471 are hereby incorporated:

A.

Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the city administrator may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

B.

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the city administrator shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).

C.

A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

D.

A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

(Ord. 614 §1(part), 2004)

A.

The admission into the public sanitary sewers of any waters or wastes having characteristics exceeding the following limits shall provide wastewater treatment as necessary, at his/her own expense, to comply with this chapter and shall achieve compliance with all categorical pretreatment standards and the prohibitions set out in Sections 13.28.100 and 13.28.110 of this chapter within the time limitations specified by EPA, the state, or the city administrator, whichever is more stringent:

Five-day BOD of three hundred parts per million by weight;

Suspended solids content of three hundred fifty parts per million by weight;

Grease content of two hundred parts per million by weight;

Any other limits or prohibitions described in this chapter.

B.

Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the city administrator and no construction of such facilities shall be commenced until the approval is obtained in writing. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of the ordinance codified in this chapter.

C.

Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

(Ord. 614 §1(part), 2004)

When required by the city administrator, the owner of any property served by a building sewer carrying wastes of unusual strength, character, or volume shall install a suitable control manhole in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be constructed in accordance with plans approved by the city administrator. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.

(Ord. 614 §1(part), 2004)

All measurements, test and analysis of the characteristics of water and wastes to which reference is made in this chapter shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA. All measurements, test and analyses shall be determined at the control manhole provided or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sanitary sewer to the point at which the building sewer is connected.

(Ord. 614 §1(part), 2004)

Each user must notify the city administrator of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least ninety days before the change:

A.

The city administrator may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 13.28.030 of this chapter;

B.

The city administrator may issue a wastewater discharge permit under Section 13.28.040 of this chapter or modify an existing wastewater discharge permit under Section 13.28.070 of this chapter in response to changed conditions or anticipated changed conditions;

C.

For the purposes of this requirement, changes include, but are not limited to, flow increases of twenty percent or greater, and the discharge of any previously unreported pollutants.

(Ord. 614 §1(part), 2004)

A.

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 load which may cause potential problems or damage to the POTW (including a violation of the prohibitions in this chapter), it is the responsibility of all users to immediately telephone and notify the city administrator of the incident. This notification shall

include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.

B.

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

C.

Failure to notify the city administrator of potential problem discharges shall be deemed a separate violation of this chapter.

D.

A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection A, of this section. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure.

(Ord. 614 §1(part), 2004)

The city administrator 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 wastewater discharge permit or order issued hereunder. Users shall allow the city administrator ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties:

A.

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city administrator will be permitted to enter without delay for the purposes of performing specific responsibilities;

B.

The city administrator shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations;

C.

The city administrator may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy, according to the frequency required in the user's permit;

D.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the city administrator and shall not be replaced. The costs of clearing such access shall be born by the user;

E.

Unreasonable delays in allowing the city administrator access to the user's premises shall be a violation of this chapter;

F.

The aforesaid officers and their authorized agents shall have the right of entry, during usual business hours, and at any time when, upon reasonable cause, they believe there is an immediate hazard to life, health, or property, to inspect any and all buildings and premises in the performance of their duties. The aforesaid officers and their authorized agents shall have the right to take independent samples of any discharge from any industrial user to determine compliance with this chapter.

(Ord. 614 §1(part), 2004)

If the city administrator has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the city administrator may seek issuance of a search warrant from the Tulare County Superior Court.

(Ord. 614 §1(part), 2004)

If sewerage capacity is not available, the city may require the industrial wastewater discharger to restrict his discharge until sufficient capacity can be made available. When requested, the city will advise persons desiring to locate new facilities as to the areas where industrial wastewater of their proposed quantity and quality can be received by available sewerage facilities. The city may refuse service to persons locating facilities in areas where their proposed quantity or quality of industrial wastewater is unacceptable in the available treatment facility.

(Ord. 614 §1(part), 2004)

No unauthorized person shall maliciously, willfully or negligently damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the POTW.

(Ord. 614 §1(part), 2004)

Rates and compensation to be charged and collected by the city for service rendered, connections made to the system, and fees for additional construction and plant enlargement shall be in accordance with resolution/ordinances now in effect or resolution/ordinances hereafter adopted by the city council.

(Ord. 614 §1(part), 2004)

A.

It shall be unlawful for any person to violate any provision of this chapter. Unless otherwise specified in the ordinance codified in this chapter, any violation of the provisions herein shall constitute a misdemeanor. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of the ordinance codified in this chapter, the trial court, upon recommendation of the city attorney, may reduce the charged offense from a misdemeanor to an infraction.

B.

Any person convicted on a misdemeanor under this chapter shall be punished by a fine not to exceed two thousand five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment.

C.

Any person convicted of an infraction under this chapter shall be punished by:

A fine not exceeding fifty dollars for a first violation;

A fine not exceeding one hundred dollars for a second violation of this chapter within one year; and

A fine not exceeding two hundred fifty dollars for each and every additional violation of this chapter within one year.

D.

Each day that a violation continues shall be regarded as a new and separate offense.

E.

In addition to the penalty set forth hereinabove for the conviction of a misdemeanor and/or infraction for violation of any of the provisions of this chapter, any person so convicted shall further be required to pay restitution to the city for all costs, including city staff time and reasonable attorney's fees, related to the enforcement of the ordinance codified in this chapter.

(Ord. 614 §1(part), 2004)

Whenever the city administrator finds that any user has violated or is violating this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirement, the city administrator may serve upon said user a written notice of violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the city administrator. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(Ord. 614 §1(part), 2004)

When the city administrator finds that a user is violating the ordinance codified in this chapter, the user's wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the city administrator may issue an order to the user directing it to cease and desist all such violations and directing the user to immediately comply with all requirements and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user.

(Ord. 614 §1(part), 2004)

A.

Notwithstanding any other section of this chapter, any user that is found to have violated any provision of the ordinance codified in this chapter, its wastewater discharge permit, and orders issued hereunder, or any other pretreatment standard or requirement shall be fined in any amount not to exceed one thousand dollars. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long- term average discharge limits, fines shall be assessed for each day during the period of violation.

B.

Assessments may be added to the user's next scheduled sewer service charge and the city administrator shall have such other collection remedies as may be available for other service charges and fees.

C.

Users desiring to dispute such fines must file a written request with the city administrator to reconsider the fine along with full payment of the fine amount within thirty days of being notified of the fine. Where a request has merit, the city administrator shall convene a hearing on the matter within thirty days of receiving the request from the industrial user. In the event the user's appeal is successful, the payment together with any interest accruing thereto shall be returned to the industrial user. The city may add the costs of preparing administrative enforcement actions such as notices and orders to the fine.

D.

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. 614 §1(part), 2004)

Any person affected by any decision, action, or determination by the city administrator, interpreting or implementing the provisions of the ordinance codified in this chapter, including, without limitations, the provisions of this chapter, or any industrial wastewater discharge permit issued hereunder by the city administrator, excepting therefrom any decision, action, or determination of the city administrator to pursue either criminal penalties or civil judicial enforcement, may file with the city clerk, within ten days of the date of service of such decision, action or determination, a notice of appeal to the city council appealing such decision, action or determination by the city administrator. The notice of appeal shall set forth in detail all facts supporting the industrial user's appeal of the decision of the city administrator. The filing of the notice of appeal shall stay all further action required under any notice of violation or cease and desist orders and accumulation of interest upon penalties thereon, pending final decision by the city council on the appeal; provided, however, that nothing stated herein shall limit the authority of the city administrator to take such action or to make such directives as the city administrator deems necessary to stop or prevent an ongoing or threatened violation of any of the provisions of this chapter, including actions or directives to prevent or stop threatened damage to the system, pass through, or threatened harm to the health or safety of the public. Such action shall include, without limitation, continuing to physically block the industrial user's access to the sewer until the appeal is heard and decided by the city council.

(Ord. 614 §1(part), 2004)

The city administrator may immediately suspend a user's discharge permit whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons, or which threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment:

A.

Any user notified of a suspension of its discharge permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the city administrator shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, or endangerment to any individuals. The city administrator shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city administrator that the period of endangerment has passed, unless the termination proceedings set forth in this chapter are initiated against the user;

B.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment, shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the city administrator, prior to the date of any show cause or termination hearing under the ordinance codified in this chapter. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(Ord. 614 §1(part), 2004)

In addition to any provisions of this chapter, any user that violates the following conditions of the ordinance codified in this chapter, wastewater discharge permit, or orders issued hereunder, is subject to discharge termination:

A.

Violation of wastewater discharge permit conditions;

B.

Failure to accurately report the wastewater constituents and characteristics of its discharge;

C.

Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;

D.

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling;

E.

Violation of the pretreatment standards in the ordinance codified in this chapter or resolution of the city council.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under procedures in the ordinance codified in this chapter why the proposed action should not be taken.

(Ord. 614 §1(part), 2004)

Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this chapter, wastewater discharge permit or orders issued hereunder, or any other pretreatment requirement, the city administrator may petition the Superior Court of the state of California through the city attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user.

(Ord. 614 §1(part), 2004)

A.

Any user which has violated or continues to violate this chapter, any order or wastewater discharge permit hereunder, or any other pretreatment standard or requirement shall be liable to the city administrator for a maximum civil penalty of twenty-five thousand dollars per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

B.

The city administrator may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

C.

In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

D.

Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user.

(Ord. 614 §1(part), 2004)

A.

A person who negligently introduces into the POTW any pollutant or hazardous substance which person knew, or reasonably should have known, could cause personal injury or property damage which causes the

POTW to violate any effluent limitation or condition in any permit issued to the POTW, shall be punished by a fine of not less than two thousand five hundred dollars nor more than twenty-five thousand dollars per day of violation, or by imprisonment for not more than one year, or by both. If a conviction of a person is for violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than fifty thousand dollars per day of violation, or by imprisonment of not more than two years, or by both.

B.

Any person who knowingly introduces into the POTW any pollutant or hazardous substance which such person knew or reasonably should have known could cause personal injury or property damage, or which causes the POTW to violate any effluent limitation or condition in a permit issued to the POTW shall be punished by a fine of not less than five thousand dollars nor more than fifty thousand dollars per day of violation, or by imprisonment of not more than three years, or by both. If a conviction of a person for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than one hundred thousand dollars per day of violation, or by imprisonment of not more than six years, or by both.

C.

Any person who knowingly makes a false material statement, representation or certification in any application, record, report, plan, or other document, filed or required to be maintained under this chapter, or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction be punished by a fine of not more than ten thousand dollars, or by imprisonment for not more than two years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than twenty thousand dollars per day of violation, or by imprisonment of not more than four years, or by both.

(Ord. 614 §1(part), 2004)

The enforcement procedures, penalties, and remedies provided in the ordinance codified in this chapter are not exclusive, but are in addition to any other enforcement procedures, penalties, and remedies that may be provided elsewhere in this chapter or by any federal, state, or local law, regulation, or rule. The city administrator reserves the right to take any, all, or any combination of these enforcement procedures, penalties, and remedies against any person who violates a provision of this chapter.

(Ord. 614 §1(part), 2004)

The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.

(Ord. 614 §1(part), 2004)