Fontana Municipal Code § 23-43 Administration

(a) This article sets forth uniform requirements for all users of the POTW within the sphere of influence of the city. This article enables the city to comply with agreements between the city and applicable control authority and all applicable state and federal laws, including the Clean Water Act and General Pretreatment Regulations (40 CFR Part 403). The objectives of this article are to:

(1) Prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW or contaminate the resulting sludge;

(2) Prevent the introduction of pollutants into the POTW which will pass through, inadequately treated, into receiving surface waters, groundwaters or the atmosphere, or otherwise be incompatible with the POTW;

(3) To promote reuse of wastewaters and sludges from the system; and

(4) Protect and preserve the health and safety of the citizens and personnel of the city.

(b) This article provides for regulation of wastewater through issuance of wastewater discharge permits to certain industrial users and enforcement of general requirements for the other users. The article also authorizes monitoring and enforcement activities and user reporting and provides for the setting of fees for the equitable distribution of costs for sewer service.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Except as otherwise provided, the public works director shall administer, implement and enforce the provisions of this article. Any powers granted to or duties imposed upon the public works director may be delegated by the public works director to a duly authorized city employee.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Pursuant to its regional sewer service agreement with IEUA, the city authorizes IEUA to regulate industrial users within the corporate limits of the city that are tributary to IEUA's sewerage system and grants IEUA fully enforceable legal authority to inspect, permit, and control indirect discharges to IEUA's sewerage system. The regional sewer service agreement, and any subsequent agreements and amendments entered into by the city and IEUA in furtherance thereof, are hereby adopted and incorporated by reference as if fully set forth herein. Copies of the regional sewer service agreement, and any subsequent agreements or amendments, are on file with the city clerk of the City of Fontana. To the extent this article conflicts with the regional sewer service agreement with IEUA or IEUA's pretreatment ordinance, as currently adopted and as may be amended from time to time, the regional sewer service agreement with IEUA and IEUA's pretreatment ordinance shall control.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

(a) The public works director shall have the right to enter the property of any user whom the public works director has reason to believe may be a generator of nondomestic wastewater, to inspect facilities and determine compliance with all provisions of this article, a wastewater discharge permit, or order issued hereunder. Persons or occupants of premises where nondomestic wastewater is created or discharged, or where the public works director has reason to believe that nondomestic wastewater may be created or discharged, shall allow the public works director ready access at all reasonable times to all parts of the property for the purposes of inspection, sampling, examination and copying of records, taking photographs, and performance of any other duties.

(b) The public works director shall have the right to set up on the industrial user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring or metering operations. The public works director may also 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.

(c) Where a user has security measures in force which would require proper identification and clearance before entry into the user's premises, the user shall make necessary arrangements with its staff so that, upon presentation of suitable identification, the public works director will be permitted to enter, without delay, for the purpose of performing inspection and sampling. Unreasonable delays in allowing the public works director access to the user's premises shall be a violation of this article.

(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 public works director and shall not be replaced. The costs of clearing such access shall be borne by the user.

(e) The public works director or his designee shall exercise his rights under this article in a manner consistent with applicable law, and no inspections or other actions are authorized under this section if such action would violate the rights of the person which is the subject of the action.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the director's inspection and sampling activities, shall be available to the public without restriction, except where the user specifically requests, and is able to demonstrate to the satisfaction of the public works director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. All other information which is submitted by the industrial user to the city shall be available to the public to the extent provided by 40 CFR 2.302 or as required by state law, including, without limitation, the Public Records Act (Government Code § 6250 et seq.). With the exception of government agencies, any person requesting this information from the city shall be required, prior to receipt of the information, to pay the reasonable costs of the data gathering, reproduction and transmission incurred by the city.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Any information other than discharge data submitted to the city pertaining to the pretreatment program may be claimed by the industrial user to be confidential. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program and in enforcement proceedings involving the person furnishing the report. Any such claim must be asserted at the time of submission of the information or data to the city. The claim may be asserted by stamping the words "confidential business information" on each page containing such information or by other means; however, if no claim is asserted at time of submission, the city may make the information available to the public without further notice. If such a claim is asserted, the information will be treated in accordance with the procedure in 40 CFR 2 (Public Information). Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302, shall not be recognized as confidential information and shall be available to the public without restriction.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

The public works director shall evaluate, at least once every two years, whether each industrial user must submit a slug discharge control plan. The public works director 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. Alternatively, the public works director may develop such a plan for any user. A slug discharge control plan shall be developed in accordance with section 23-200(d).

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Time limits provided in any written notice or any provision of this article may be extended only by a written directive of the public works director.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

(a) It is the purpose of this section to establish the mechanisms whereby the city may recover from industrial and commercial users for the implementation and operation of this article. The city may adopt charges and fees, by resolution, which may include:

(1) Fees for the processing of applications;

(2) Fees for reimbursement of costs of developing and operating the city pretreatment program;

(3) Fees for monitoring, inspections, surveillance procedures and laboratory costs including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports and certification statements submitted by users;

(4) Fees for reviewing plans and construction inspections;

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

(6) Fees for filing appeals and noncompliance meeting fee;

(7) Noncompliance fees as established by category by city council ordinance or resolution or, in the absence of a specific category, the actual costs incurred by the city in causing compliance, including administrative and legal costs associated with the enforcement activity taken by the public works director to address noncompliance;

(8) Extra strength charges and surcharge fees. These fees shall be assessed based on the pounds discharged of a constituent above stated permit conditions or allowable limits. At no time shall any user affected by categorical standards be permitted to discharge wastewater to the POTW in violation of categorical standards;

(9) Administrative fees for compensation for damages in accordance with section 23-81;

(10) Other fees deemed necessary by the city to implement the provisions of this article.

(b) These fees relate exclusively to matters covered by this article and are separate from all other fees chargeable by the city. The city may incorporate the equivalent amount of any of the fees provided for in this section into its sewer charges.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)