Gonzales Municipal Code Ch. 10.16 Sewer Use Ordinance

Pursuant to the general laws of the state, the City Council declares its intention to own, construct, equip, operate, and maintain within or outside the city limits, sewage disposal plants, sewers, equipment, and appurtenances necessary, and useful, for a sewer collection system and wastewater treatment plants, and also including the reconstruction of such sewers as may necessarily or conveniently be deemed proper by the City Council.

For the protection of community's public health, safety, and general welfare, the City Council declares its intention to regulate the generation and discharge of wastewater from all domestic, commercial, and industrial sources.

This Chapter of the City of Gonzales Municipal Code (City Code) sets forth uniform requirements for users of the Publicly Owned Treatment Works (POTW) for the City of Gonzales (City) and enables the city to comply with applicable State and Federal laws. The objectives of this Chapter are:

A. To prevent the introduction of pollutants into the POTW that will interfere with its operation, treatment processes and permit compliance.

B. To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into percolation ponds, or otherwise be incompatible with the POTW.

C. To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public.

D. To enable the City to comply with its Waste Discharge Requirements (WDR) conditions, sludge use and disposal requirements, and Federal or State laws to which the POTW is subject.

This Chapter shall apply to all users of the POTW. This Chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires user reporting.

(Ord. 2025-153, 11/17/2025)

Except as otherwise provided herein, the Public Works Director shall administer, implement, and enforce the provisions of this Chapter of the City Code. 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.

For this Chapter of the City Code, "shall" and "must" are mandatory and "may" is permissive.

(Ord. 2025-153, 11/17/2025)

In addition to the terms defined in Section 10.16.040, the following terms as used herein shall have the following meaning ascribed to them, and where relevant shall be calculated according to standard methods. The following abbreviations, when used in this Chapter of the City Code, shall have the designated meanings:

(Ord. 2025-153, 11/17/2025)

In addition to the terms defined below, the following chemical ions or elements as used herein shall have the meanings ascribed to them commonly in chemistry and shall be calculated according to standard methods: "sodium", "chloride", "boron", "sulfate" and "total nitrogen".

For the purposes of this Chapter, the following words and phrases shall have the meanings, respectively, ascribed to them in this section:

Act or "the Act.":

The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251 et seq.

Amalgam Separator:

A device that: employs filtration, settlement, centrifugation, or ion exchange to remove dental amalgam and its metal constituents from a dental office vacuum system before it discharges to the sanitary sewer system; has been certified under the International Organization for Standardization's standard for amalgam separators as capable of removing a minimum of 95% of dental amalgam at flow rates comparable to the flow rate of the actual vacuum suction system in operation; and does not have any automatic flow bypass.

Amalgam Waste:

Waste that includes non-contact dental amalgam (i.e., dental amalgam scrap that has not been in contact with the patient); contact dental amalgam (e.g., extracted teeth containing amalgam); dental amalgam sludge captured by chair-side traps, vacuum pump filters, screens, and other dental amalgam trapping devices; and used, leaking or unusable capsules containing dental amalgam.

Ammonia:

That form of nitrogen which is chemically defined as nitrogen (N).

Approving Authority:

The Central Coast Regional Water Quality Control Board.

Authorized or Duly Authorized Representative of the User:

If the user is a corporation:

a.

The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

b.

The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit.

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

The individuals described in paragraphs 1 through 3 of this definition, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.

Average Concentration:

The concentration of a pollutant in a user's discharge that is calculated by adding the concentrations of the particular pollutant in all composite samples taken during a given time period, including but not limited to self-monitoring samples, and dividing the total by the number of samples taken.

Batch Discharge:

The discharge of wastewater resulting from an intermittent treatment process in which an identified amount of process wastewater is collected, treated to meet discharge standards, and released to the POTW.

Best Management Practices (BMP):

The schedule of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of pollutants to the sanitary sewer system, which have been determined by the Public Works Director to be cost effective for particular industry groups, business types, or specific industrial processes. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Biological Oxygen Demand (BOD):

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/L).

Building Drain:

That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the buildings and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.

Building Sewer:

The extension from the building drain to the public sewer or other place of disposal.

Bypass:

The intentional diversion of waste streams from any portion of a user's treatment facility.

Categorical Industrial User (CIU):

A user performing any categorical process that has any connection to the POTW, subject to federal pretreatment standards, as described in Title 40 of the Code of Federal Regulations (40 CFR) Part 405-471.

Categorical Pretreatment Standard or Categorical Standard:

Any regulation containing pollutant discharge limits promulgated by USEPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

Chemical Oxygen Demand (COD):

A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

Code of Federal Regulations (CFR):

The Code of Federal Regulations as published by the Office of the Federal Register National Archives and Records Administration. Whenever a reference is made to any portion of said code, or to any other federal regulation, such reference shall apply to all amendments and additions to such portion of said code now or hereinafter enacted.

Commercial Service:

All buildings or premises used for any purpose other than a dwelling unit, but not an industrial waste discharger.

Composite Sample:

A sample that accurately represents the average pollutant concentration during a continuous time period.

A flow-proportional or time-proportional sample may be obtained manually or automatically, and discretely or continuously. For manual compositing, at least three individual samples from each sample point shall be combined and mixed to obtain one composite sample; flow-proportion may be obtained either by varying the time interval between each discrete sample or the volume of each discrete sample.

If multiple batches are discharged over a twenty-four-hour period, then one sample must be collected from each batch discharged in that twenty-four-hour period and composited into a single sample. A single sample from a batch representing one or more production days will be considered a single composite sample.

Continuous Discharge:

A discharge which occurs without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities.

Daily Maximum:

The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

Daily Maximum Limit:

The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

Dental Amalgam:

An alloy of mercury with another metal used by dentists to fill cavities in teeth.

Discharger:

Any person discharging wastewater into the sanitary sewer system.

Domestic Wastewater:

Wastewater from private residences and wastewater from other premises resulting from the use of water for personal washing, sanitary purposes or the elimination of human wastes and related matter.

Dwelling Units:

Buildings and structures that are constructed and used primarily for residential purposes. In any building or structure which has been constructed or altered to provide for two or more families or households, or which has been constructed or altered to accommodate travelers or transients, each unit shall also be considered a dwelling unit.

Existing Source:

Any source of discharge that is not a "New Source".

Food Service Establishment (FSE):

A user that prepares and/or sells food for consumption either on or off the premises or washes utensils or dishes on premises that may contribute grease to the sewer system, including, but not limited to, restaurants, food trucks, sandwich shops, delicatessens, bakeries, cafeterias, markets, bed and breakfast inns, motels, hotels, meeting halls, caterers, retirement and nursing homes, or pizzerias. The term does not refer to single-family units, food stores or establishments that do not prepare food on premises and do not process food in a manner which may contribute grease to the sewer system. An FSE shall be deemed to be contributing grease to the sanitary sewer system where a sanitary sewer overflow has occurred due to grease, or there has been a loss of 25% or more of sewer line capacity due to grease downstream of the FSE.

Garbage:

Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage, and sale of produce. "Properly shredded garbage" means the wastes from the preparation, cooking and dispensing of foods that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 0.5 inch in any dimension.

Grab Sample:

A single discrete sample collected at a particular time and place which represents the composition of the waste stream only at that time and place. A grab sample should be taken over a period not to exceed 15 minutes.

Grease:

Liquid or other waste containing floatable and/or dispersed grease, vegetable oil, petroleum oil, nonbiodegradable cutting oil, or fat, oil or grease products of animal, vegetable or mineral origin which is detectable and measurable using analytical test procedures established in the 40 CFR Part 136.

Grease Control Device:

A grease interceptor, grease trap, mechanical grease removal device, or other device approved for use by the Public Works Director.

Grease Interceptor:

A large tank installed underground and designed to separate and collect solid food wastes and floating grease from wastewater prior to discharge into the POTW. Grease interceptors are normally installed outside the building and use gravity to separate grease from wastewater as it moves between compartments of the interceptor.

Grease Trap:

A device placed under or in close proximity to sinks or other fixtures likely to discharge in an attempt to separate, trap, and hold oil and grease substances.

Indirect Discharge:

The introduction of pollutants into the POTW from any non-domestic source.

Industrial User:

Any business, occupation, or enterprise having sewage discharge which by reason of the manufacturing or industrial process involved, or through services rendered, is in volume in excess of a single-family residence or is of a kind or type dissimilar to that of a single-family residence because of the discharge of chemicals or putrescent material as the byproducts of such process.

Industrial Waste:

The liquid wastes from industrial processes as distinct from domestic sewage.

Industrial Waste of Excessive Strength:

Industrial waste discharged from any premises into the POTW in any one operating day, which:

Have an average daily TSS concentration in excess of 300 mg/L; or

Have an average daily BOD concentration in excess of 300 mg/L; or

Contain in excess of 2,500 pounds of TSS; or

Contain in excess of 2,500 pounds of BOD.

Instantaneous Limit:

The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of flow rate and duration of the sampling event.

Interference:

A discharge which alone, or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the processes or operation of the sanitary sewer system, including the treatment plants, or causes or significantly contributes to a violation of any requirement of a WDR, which is a permit issued pursuant to the California Porter-Cologne Act.

Prevention of biosolids use or disposal by the plant in accordance with published regulations providing guidelines under Section 405 of the Clean Water Act or in regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Water Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act, or more stringent state regulations (including those contained in any state biosolids management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the treatment plant.

Local Limit:

Specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in Section 10.16.050 of this Chapter.

Low Flow Discharger:

An industrial discharger whose average process flow, as shown on the dischargers' application to discharge and as measured as a moving six month average is less than 1,000 gallons per day (gpd).

Mechanical Grease Removal Device:

A device or combination of devices using electrical equipment to heat, filter, siphon, skim, or otherwise separate and retain floating grease and solid food waste prior to the wastewater exiting the trap and entering the POTW.

Medical Waste:

Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

Monthly Average:

The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

Monthly Average Limit:

The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

Multi-Unit Residential Structure:

A detached building designed as two or more structurally joined dwelling units and occupied by two or more families living independently of each other with separate entrances and including apartment houses, residential hotels, and flats.

Natural Outlet:

Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

New Source:

A new source is defined as any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Clean Water Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

a.

The building, structure, facility, or installation is constructed at a site at which no other source is located; or

b.

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c.

The production of wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing sources, should be considered.

Construction on a site at which an existing source is located results in a "modification" rather than a "new source" if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection 1.b or c of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

Construction of a new source as defined under this definition has commenced if the owner or operator has:

a.

Begun, or caused to begin, as part of a continuous onsite construction program, any placement, assembly or installation of facilities or equipment, or significant site preparation work, including clearing, excavating, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

b.

Entered into a building contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.

Noncontact Cooling Water:

Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

pH:

The logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter. It shall be determined by one of the procedures outlined in 40 CFR Part 136.

Pass-Through:

A discharge which exits the treatment plant 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 WDR, including an increase in the magnitude or duration of a violation.

Person:

Any person, firm, company, corporation, partnership, association, any public corporation, political subdivision, city, county, district, the State of California, or the United States of America, or any department or agency of any of the foregoing, unless this code expressly provides otherwise.

Pollutant:

Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural, and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

Pollutants of Concern:

Any pollutant that may prevent the City from meeting the objectives of its Source Control Program.

Premises:

Any lot, parcel of land, building, or establishment, including a condominium as defined in California Civil Code Section 783 as an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store and which may also include in addition a separate interest in other portions of such real property.

Pretreatment:

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This 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 Requirements:

Any substantive or procedural requirement related to pretreatment imposed on an industrial user other than a pretreatment standard.

Pretreatment Standard:

Prohibited discharge standards, categorical pretreatment standards, and local limits.

Prohibited Discharge Standards or Prohibited Discharges:

Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 10.16.050 of this Chapter.

Public Works Director:

The person designated by the City to supervise the operation of the POTW, and who is charged with implementing certain duties and responsibilities in this Chapter. The term also means a designee of the Public Works Director.

Publicly Owned Treatment Works (POTW):

A treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), which 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 the treatment plant(s).

Public Sewer:

A sewer provided by or subject to the jurisdiction of the City. It also includes sewers within or outside the City boundaries that serve one or more persons and ultimately discharge into the City's sanitary sewer system, even though those sewers may not have been constructed with City funds.

Residential Service:

Any connection to the City's sanitary sewer system not covered by the definition of a commercial or industrial waste service.

Sanitary Sewer:

A sewer that conveys sewage, and into which stormwater, surface water, and groundwaters or unpolluted industrial wastes are not intentionally admitted.

Sanitary Sewer System:

All sewers, treatment plants, and other facilities owned or operated by the City for carrying, collecting, pumping, treating, and disposing of sanitary sewage and industrial wastes.

Service Lateral:

Any pipe between the sewer lines of the City and the customer's sewer service connection meter.

Sewage:

The water-carried human, animal, or household wastes in a public or private drain, and may include groundwater infiltration, surface drainage, and industrial wastes.

Sewer:

A pipe or conduit for conveying sewage or any other waste liquids, including stormwater, surface water, and groundwater drainage.

Sewerage:

The system of sewers and appurtenances for the collection, transportation and pumping of sewage.

Significant Industrial User:

A user that processes are subject to categorical pretreatment standards; or

A user that:

a.

At any point consumes more than 25,000 gallons/day (25,000 gpd) from the city water system; or

b.

Contributes process wastewater which makes up 5% or more of the average dry weather hydraulic or organic capacity of the treatment plant; or

c.

Is designated as such by the Public Works Director on the basis that it has a reasonable potential for adversely affecting the wastewater treatment plants' operation or for violating any pretreatment standard or requirement.

The City may determine that a user subject to categorical pretreatment standards is a Non-Significant Categorical Industrial User (NSCIU) rather than an SIU on a finding that the user never discharges more than 100 gpd of total categorical wastewater (excluding sanitary, non-contact cooling, and boiler blowdown wastewater, unless specifically included in the pretreatment standard), and the following conditions are met:

a.

The user, prior to the City's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

b.

The user shall annually submit the certification statement in Section 10.16.410(B) of this Chapter, together with any additional information necessary to support the certification statement; and

c.

The user never discharges untreated wastewater.

Upon a finding that a user meeting the criteria in subsection 2 of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from the user, determine that such user should not be considered an SIU.

Significant Noncompliance:

A user is in "significant noncompliance" if it has a violation or violations meeting one or more of the following criteria:

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

Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of all the measurements for each pollutant parameter taken during a six month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Public Works Director determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of the POTW personnel or the general public);

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the City's exercise of its emergency authority to halt or prevent such a discharge;

Failure to meet, within 90 days after the scheduled due date, a compliance schedule milestone contained in a discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90 day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

Failure to accurately report noncompliance; and

Any other violation or group of violations, which may include a violation of reasonable control measures, which the Public Works Director determines will adversely affect the operation or implementation of the pretreatment program.

Slug Load or Slug Load Discharge:

Any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or non-customary batch discharge, which has a reasonable potential to cause inference or pass-through or in any other way to cause a violation of the provisions of this Chapter or applicable permit conditions.

Standard Discharger:

Any industrial user who is not a low-flow discharger.

Storm Drain:

A storm pipe that carries stormwater, surface water, and groundwater drainage, but excludes sewage.

Stormwater:

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

Total Toxic Organics (TTO):

The sum of the concentrations for each of the regulated toxic organic compounds listed at 40 CFR Part 401.15.

Total Suspended Solids (TSS):

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

Trucked or Hauled Waste:

Any waste discharged into the sanitary sewer system after being transported by motorized vehicle from the location where the waste was generated or produced.

United States Environmental Protection Agency:

The United States Environmental Protection Agency (USEPA) or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.

User:

Any person or entity connected to the city sewer system, or who has a dwelling unit, commercial building, or industry which puts to use a public sewer.

Waste Pipe:

Any pipe or fitting which directly conveys the discharge of any plumbing fixtures, receptacle, apparatus, or device, except water closets, to a soil pipe, building drain or sewer lateral.

Wastewater:

Liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

Wastewater Treatment Plant:

That portion of the POTW which is designed and constructed to treat and dispose of domestic and industrial sewage.

Yellow Grease:

Used cooking oil, spent shortenings, or any other inedible kitchen grease or waste vegetable oil produced by a Food Service Establishment (FSE).

Zero Discharger:

A user that does not discharge any wastewater except domestic wastewater to the POTW.

(Ord. 2025-153, 11/17/2025)

A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or waste which causes pass through or interference. These general prohibitions apply to all users of the POTW whether they are subject to categorical pretreatment standards or any other Federal, State, or local pretreatment standards or requirements.

B. Limitation of Point of Discharge: No utility customer shall discharge any substances directly into a manhole or other opening in the City's sanitary sewer system other than through a City-approved sewer connection.

C. Discharge Into Storm Drain Prohibited: It shall be unlawful to discharge any sewage, industrial waste, or other polluted waters into any storm drain, natural outlet or channel without a valid National Pollutant Discharge Elimination System (NPDES) permit issued by the Central Coast Regional Water Quality Control Board.

D. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

1. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR Part 261.21. Closed-cup flashpoint values may be found in the National Institute of Occupational Safety and Health (NIOSH) Pocket Guide to Chemical Hazards.

2. Wastewater with a pH less than 6.0 or more than 8.5, or otherwise causing corrosive structural damage to the POTW, equipment, sanitary sewer system or any part thereof, or causing any health and safety threat to any personnel operating, maintaining, repairing, or constructing said sanitary sewer system or any part thereof, or working in or about said system.

3. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference. No person shall discharge, deposit or throw, or cause to be discharged, deposited, or thrown into the sanitary sewer system or any part thereof, any ashes, cinders, pulp, paper, sand, cement, mud, straw, shavings, metal, glass, rags, feathers, tar, asphalt, resins, plastics, wood, animal hair, paunch manure, or any heavy solid or viscous substance capable of causing obstruction to the flow in the sanitary sewer system or any part thereof, or which would interfere with the proper operation of the sewage treatment plant or the treatment of sewage or industrial wastes.

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

5. No person shall discharge, or cause, allow, or permit to be discharged into the POTW, any liquid, solid, vapor, gas, or thing having or developing a temperature of 150 degrees Fahrenheit (150° F.) or more, or which may cause the temperature at the wastewater treatment plant(s) to exceed 104 degrees Fahrenheit (104° F), or wastewater which will inhibit biological activity in the wastewater treatment plant(s) resulting in interference.

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

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

8. Trucked or hauled pollutants, except at discharge points designated by the Public Works Director in accordance with Section 10.16.150 of this Chapter.

9. Hazardous waste as defined under 40 CFR Part 261.

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

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

12. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations. No person shall discharge, cause, allow, or permit to be discharged, any radioactive waste into the sewer system, except that:

a. Persons authorized to use radioactive materials by the California Department of Public Health or other governmental agency empowered to regulate the use of radioactive materials may discharge, cause to be discharged, or permit to be discharged such wastes, provided that such wastes are discharged in strict conformance with the California radiation control regulations (California Code of Regulations, Title 17, Chapter 5, Subchapter 4), and Federal regulations and recommendations for safe disposal of such wastes; and

b. All such discharges are in compliance with all applicable rules and regulations of all other regulatory agencies having jurisdiction over such discharges.

13. Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, and unpolluted wastewater, unless specifically authorized by the Public Works Director.

14. Fats, oils, or greases of animal or vegetable origin:

a. No person shall discharge, or cause, allow, or permit to be discharged into the POTW any liquid or other waste containing grease in excess of one hundred (100) parts per million by weight.

b. No person shall discharge, cause, allow, or permit any grease discharge from an FSE into the POTW, unless such discharge has first been processed through an approved grease control device.

c. No person shall discharge, cause, allow, or permit to be discharged any "yellow grease," or any waste or mixed material mixed with yellow grease, into the POTW from an FSE. No yellow grease from an FSE shall be mixed with grease trap or grease interceptor waste.

Pollutants, substances, or wastewater prohibited by this Section shall not be processed or stored in such a manner that they could be discharged to the POTW.

(Ord. 2025-153, 11/17/2025)

Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405 — 471.

(Ord. 2025-153, 11/17/2025)

Users must comply with applicable State pretreatment standards.

(Ord. 2025-153, 11/17/2025)

The City is authorized to establish local limits. The following pollutant limits are established to protect against pass through and interference of the city's wastewater treatment plants. No person shall discharge, cause, allow or permit to be discharged into the POTW or any part thereof, any industrial waste containing any of the following toxic substances exceeding the concentrations set forth below:

The above limits apply at the point where the wastewater is discharged to city sewer collection system. Concentrations for metallic substances are for total metal unless indicated otherwise. The Public Works Director may impose mass limitations in addition to the concentration-based limitations above.

(Ord. 2025-153, 11/17/2025)

The City reserves the right to establish, by ordinance, resolution, or in wastewater discharge permits, more stringent standards or requirements on discharges to POTW. The City also reserves the right to establish discharge limitations or prohibitions for pollutants not specifically listed in this Chapter of the City Code.

(Ord. 2025-153, 11/17/2025)

No utility customer shall increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Public Works Director may impose mass limitations on users who use dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

(Ord. 2025-153, 11/17/2025)

Utility customers shall provide pretreatment as necessary to comply with this Chapter and shall achieve compliance with all wastewater discharge permit limitations and requirements, the discharge prohibitions, categorical pretreatment standards, and local limits set out in Sections 10.16.050, 10.16.060, and 10.16.080, respectively, of this Chapter. Compliance shall be achieved within the time limitations specified by the USEPA, Central Coast Regional Water Board, or the Public Works Director, whichever is more stringent.

Any wastewater pretreatment equipment or facilities necessary for compliance shall be provided, operated, and maintained at the discharger's expense. Detailed plans and diagrams describing such facilities and operating procedures shall be submitted to the Public Works Director for review and shall be acceptable to the Public Works Director before such facilities are constructed. 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 this Chapter.

(Ord. 2025-153, 11/17/2025)

A. Whenever deemed necessary, Public Works Director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this Chapter.

B. The Public Works Director may require any person or entity discharging into the Sewer Collection System to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

C. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Public Works Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the Public Works Director and shall be located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired by the user at their expense.

D. Installation of Grease Control Devices:

1. Any FSE, or other type of business or establishment where grease or other viscous, obstructing, or objectionable materials may be discharged into a public or private sewage main or disposal system, shall have a grease control device and related plumbing of a size and design approved by the Public Works Director.

a. Grease traps shall meet the following minimum requirements:

(1) No injection port for chemicals or bacteria.

(2) Installed according to manufacturer's specifications.

(3) Appropriate flow restrictors, whether integral or external to the device, must be installed.

(4) Shall meet the specifications and be constructed in accordance with the provisions of the applicable building codes.

b. Grease interceptors shall meet the following minimum requirements:

(1) Designed retention time of no less than 30 minutes.

(2) The effluent from the device must flow through an approved sample box.

(3) Installed according to manufacturer's specifications.

(4) At least two manholes, situated so all standpipes can be fully observed, and all internal surfaces can be reached, without confined space entry.

(5) Double-sweep clean-outs, on the interceptor inlet and sample box outlet.

(6) Meet the specifications and be constructed in accordance with the provisions of the applicable building codes.

c. Mechanical grease removal devices shall be installed in accordance with manufacturer's specifications.

2. Grease removal devices shall be so installed and connected that it shall be at all times easily accessible for inspection, sampling, cleaning and removal of grease and other matter from all surfaces.

3. Grease control devices shall be situated on the user's premises. The City may, subject to the issuance of an encroachment permit by the entity having jurisdiction thereover, allow the device to be installed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

4. Waste discharge from fixtures and equipment in establishments which may contain grease or other objectionable materials including, but not limited to, scullery sinks, pot and pan sinks, dishwashers, food waste disposals, soup kettles, and floor drains located in areas where such objectionable materials may exist, may be drained into the sanitary waste through the grease control device when approved by the Public Works Director; provided, however, that toilets, urinals, wash basins, and other fixtures containing fecal material shall not flow through the grease removal device.

5. Maintenance and Operation of Grease Control Devices:

a. Grease control devices shall be maintained in efficient operating condition by periodic removal of the accumulated grease. The use of chemicals, bacteria, enzymes, or other additives that have the effect of emulsifying or dissolving grease is prohibited unless specifically authorized by the Public Works Director in writing. No accumulated grease shall be introduced into any drainage piping or public or private sewer.

b. Grease control devices shall be cleaned on a sufficient frequency to prevent objectionable odors, surcharge of the grease control device, or interference with the operation of the sanitary sewer system.

(1) Grease traps shall be cleaned at least once every 30 days.

(2) Grease interceptors shall be cleaned once every 90 days.

(3) Mechanical grease removal devices must be maintained in a manner and frequency consistent with manufacturer specifications and guidance.

(4) Grease control devices shall be cleaned when the last chamber is filled to 25% or more of capacity with grease or settled solids. Grease interceptors with a sample box shall be cleaned immediately when grease is evident in the sample box.

(5) Grease control devices shall be cleaned by being pumped dry and all accumulated sludge on all surfaces shall be removed by washing down the sides, baffles, and tees. No water removed from the device during cleaning shall be returned to the grease control device.

c. The Public Works Director may grant an exception to the requirements of subsections D.5.a and b of this section where the Public Works Director finds, based on evidence presented by the user, that a less frequent cleaning schedule will be sufficient to assure that not more than 25% of the capacity of the grease control device will be filled with grease or settled solids.

d. All users shall implement Best Management Practices (BMPs) in their operations to minimize the discharge of grease into the POTW.

e. Users shall maintain records on site for a period of at least three years as follows:

(1) Users with an installed grease control device shall maintain records showing that the grease control device has been properly maintained and cleaned as required by subsections D.5.a and b of this section; and

(2) FSEs shall maintain records showing the following related to all grease hauled off site: date and time material removed off site; volume removed; hauler name: truck license number, type of grease removed, and final destination of material collected.

E. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

F. Screened Industrial Wastes:

1. No user shall discharge, or cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any garbage, or any fruit, vegetable, animal, or other solid industrial wastes resulting from the processing, packaging, or canning of fruits, vegetables, or other foods or products, unless such wastes have first been passed through screens having openings not exceeding one thirty-second of an inch (1/32") in dimension, provided that the Public Works Director, by written permission, may authorize the discharge into the POTW of such wastes if they are first passed through screens having larger openings if the Public Works Director is satisfied that such larger openings will provide screening efficiency and effectiveness equal or better than that provided by the above specification openings of one thirty-second of an inch (1/32") in dimension.

2. Users who discharge, or causes, allows, or permits to be discharged into the POTW or any part thereof, any such wastes resulting from the processing, packaging, or canning of fruits, vegetables, or other foods or products, shall install within or upon its premises from which such wastes are discharged, before such discharge of such wastes is made into the POTW or any part of such system, and thereafter maintains in good operating order, screens as hereinabove specified and appurtenances thereto, including but not limited to all necessary conveyors and elevators, all in sufficient quantity and of sufficient size and quality to continuously and effectively screen not less than 100% of the peak hydraulic and solids loading imposed on such screens and appurtenances during any processing period.

3. Users shall not discharge any such screened wastes into the POTW, or any part of said system, unless and until they obtain from the City a wastewater discharge permit granting approval to do so. The Public Works Director may require the user to provide a report prepared by a Professional Engineer which shows, to the satisfaction of the Public Works Director, compliance with the provisions of this Chapter before the wastewater discharge permit is granted, and in no event shall the Public Works Director issue such permit until they are satisfied that the compliance of the provisions of this Chapter. The Public Works Director shall not issue a wastewater discharge permit if any such wastes cannot be processed successfully by the physical and biological processing units of the treatment plant.

4. A equipment, sewers, pipelines, or other facilities capable of discharging any garbage, fruit, vegetables, animal, or other solid industrial wastes resulting from the processing, packing, or canning of fruits, vegetables, or other foods or products, into the POTW or any part thereof, before such wastes have been screened as required by subsection F.1 of this section, shall be locked, closed, and sealed by the Public Works Director or his designee. Users operating such equipment, sewers, pipelines, or other facilities shall install therein, at its own expense and cost, such valves or other devices or modifications thereto, as may be necessary to enable the Public Works Director to carry out the provisions of this Section. No user shall break any such lock or seal, and no user shall discharge, or cause, allow or permit to be discharged into any such equipment, sewers, pipelines, or other facilities capable of discharging such industrial wastes into the POTW or any part thereof, any unscreened industrial wastes without first having been issued a wastewater discharge permit.

G. Amalgam Separators.

1. Except as provided in subsections G.2 and 3 of this section, no person shall discharge, cause, allow or permit any discharge into the POTW from a dental vacuum system, unless such discharge has first been processed through an amalgam separator.

2. A dental vacuum system may be operated without an amalgam separator; provided, that the system is not used in connection with the removal or placement of fillings that contain dental amalgam more than three days per calendar year and the system is used exclusively by the following types of dental practices: (a) orthodontics; (b) periodontics; (c) oral and maxillofacial surgery; (d) radiology; (e) oral pathology or oral medicine; and (f) endodontistry and prothodontistry.

3. Amalgam separators shall be maintained in accordance with manufacturer specifications. Installation, certification, and maintenance records shall be maintained for a minimum of five years and available for immediate inspection upon request by the Public Works Director or designee.

(Ord. 2025-153, 11/17/2025)

The Public Works Director shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. 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. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

A. Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Chapter into either the storm sewer or POTW.

B. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's expense.

C. Users shall notify the City by telephone, text, e-mail, or in person within one hour of becoming aware of accidentally discharging wastes of reportable quantities as determined in 40 CFR Part 117 or discharge of any substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261, to enable countermeasures to be taken by the City to minimize damage to the sanitary sewer system, treatment plant, treatment processes, and the environment.

D. Email, Text and Telephone notification of an accidental discharge shall be followed, within five days of the date of occurrence, by a detailed written statement furnished to city staff describing the causes of the discharge and the measures being taken to prevent similar future occurrences.

E. Notification of an accidental discharge to the City will not relieve users of notification requirements under any other Federal, State, or local law, nor of liability for any expense, loss or damage to the sanitary sewer system, treatment plant or treatment process or environment or for any fines or penalties imposed on the City on account thereof under applicable provisions of Federal or State law.

F. Permitted facilities must maintain a spill control plan for protection against accidental discharges, including but not 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/or measures and equipment for emergency response. The review of such plans and procedures shall not relieve the industrial user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this code or other state or federal regulations.

G. Spill control plans will be reviewed and revised as needed within 30 days after an accidental discharge has occurred or as required by the Public Works Director.

(Ord. 2025-153, 11/17/2025)

A. Septic tank waste shall not be accepted at the City WWTP or otherwise discharged into the POTW.

(Ord. 2025-153, 11/17/2025)

When requested by the Public Works Director, a user shall submit information on the nature and characteristics of its wastewater within 60 days of the request. The Public Works Director is authorized to prepare a form for this purpose and may periodically require users to update this information.

(Ord. 2025-153, 11/17/2025)

A. No SIU shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Public Works Director; except that a SIU that has filed a timely application pursuant to Section 10.16.200 of this Chapter may continue to discharge for a period specified therein.

B. The Public Works Director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this Chapter.

C. Violations of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Chapter and subjects the user to the sanctions set out in this Chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law.

D. Permit Classes; Application; Fee:

1. There shall be three (3) classes of building sewer permits: a) for residential services; b) for commercial services; and c) industrial waste services.

2. The user shall submit a completed application furnished by the City. The wastewater discharge permit application shall be accompanied by plans and specifications in compliance with the City Standard Specifications for the installation of water facilities and other information considered pertinent in the judgment of the City.

3. A permit and inspection fee, in an amount to be fixed by resolution of the City Council, shall be paid to the City at the time the application is filed.

E. Costs Borne by Owner: All costs and expenses of the extension of mains and the installation, connection, and maintenance of the building sewer shall be borne by the user. The user shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

F. Separate Sewers For Each Building; Exception: A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another of the same ownership on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building. Where the two buildings are of different ownership, a right-of-way for the sewer shall be deeded to the City.

G. Compliance with City Standard Specifications: All connections shall be made in accordance with the city standard specifications for the installation of water facilities.

H. Notify City for Inspection: The applicant for the building sewer permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the City.

I. Barricading Excavations; Restoration of Public Ways: All excavations for building sewer installation shall be adequately guarded with barricades and lights to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

(Ord. 2025-153, 11/17/2025)

Users required to obtain a Wastewater Discharge Permit who were discharging wastewater into the Sewer Collection System prior to the effective date of this Chapter of the City Code and who wishes to continue such discharges in the future, shall, within 30 days after said date, apply to the Public Works Director for a wastewater discharge permit in accordance with Section 10.16.200 of this Chapter, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of this Chapter of the City Code except in accordance with a wastewater discharge permit issued by the Public Works Director.

(Ord. 2025-153, 11/17/2025)

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 10.16.200 of this Chapter, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.

Service outside City:

A. Contractual Agreement Required: No use or benefits of the POTW shall be extended to or made available to any property not within the City's Service Area, except under a contractual agreement with the owners of property which is located outside the City limits and only then when such property is not located so as to be eligible for annexation to the City at the time the sewer service is requested.

B. Conditions of Contract:

1. Use and benefits of the POTW may be granted to property owners outside of the City on a contractual basis only, and the contract shall require that the property owner must annex his property to the City at the earliest date that the same becomes eligible for annexation under the laws of the State.

2. The contract may further require financing of the sewer extension, termination of service of the contract if any conditions are not met, and any other requirements which are to be deemed in the best interest of the City.

(Ord. 2025-153, 11/17/2025)

Users are required to obtain a Wastewater Discharge Permit. The Public Works Director will require users to submit as part of an application the following information:

A. Identifying Information:

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

2. Contact information (cell phone, email, etc.).

3. Description of activities, facilities, and plant production processes on the premises.

B. Environmental Permits. A list of environmental control permits held by or for the facility.

C. Description of Operations:

1. Description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.

2. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.

3. Number and type of employees, hours of operation, and proposed or actual hours of operation.

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

5. 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.

D. Time, amount and duration of discharges.

E. The location for monitoring all wastes covered by the permit.

F. Flow Measurement. Information showing the measured daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams.

G. Measurement of Pollutants.

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

2. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by a pretreatment standard or by the Public Works Director, of regulated pollutants in the discharge from each regulated process.

3. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

4. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 10.16.390 of this Chapter.

Where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Public Works Director or the applicable pretreatment standards to determine compliance with the pretreatment standard.

5. Sampling must be performed in accordance with procedures set out in Section 10.16.400 of this Chapter.

H. Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge in accordance with Section 10.16.330 of this Chapter.

I. Any other information that may be deemed necessary by the Public Works Director to evaluate the wastewater discharge permit application.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(Ord. 2025-153, 11/17/2025)

A. Wastewater discharge permit applications, user reports and certification statements must be signed by an Authorized Representative of the User and contain the certification statement in Section 10.16.410A of this Chapter.

B. 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 Public Works Director prior to or together with any reports to be signed by an Authorized Representative of the User.

C. A facility determined to be an NSCIU by the Public Works Director pursuant to Section 10.16.040 of this Chapter must annually submit the signed certification statement in Section 10.16.410B of this Chapter.

(Ord. 2025-153, 11/17/2025)

The Public Works Director will evaluate the data furnished by the user and may require additional information. Within 90 days of receipt of a complete permit application, the Public Works Director will determine whether to issue a wastewater discharge permit. The Public Works Director may deny any application for a wastewater discharge permit.

(Ord. 2025-153, 11/17/2025)

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 Public Works Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.

(Ord. 2025-153, 11/17/2025)

A Wastewater Discharge Permit shall include such conditions as are deemed reasonably necessary by the Public Works Director to prevent pass through or interference, protect the groundwater receiving the treatment plant effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

A. Wastewater Discharge Permits 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 notification to the City in accordance with Section 10.16.270 of this Chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.

3. Effluent limits, including BMPs, based on applicable pretreatment standards.

4. Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants (or BMP) to be monitored, sampling location, sampling frequency, required sampling facilities, and sample type based on Federal, State, and local law.

5. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Sections 10.16.330A and 10.16.410B of this Chapter.

6. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.

7. Requirements to control slug discharge, if determined by the Public Works Director to be necessary.

8. Any grant of the monitoring waiver by the Public Works Director must be included as a condition in the user's wastewater discharge permit.

B. Wastewater Discharge Permits may contain, but need not be limited to, the following conditions:

1. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.

2. Requirements for 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 treatment works.

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.

7. 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 which become effective during the term of the wastewater discharge permit.

8. Other conditions as deemed appropriate by the Public Works Director to ensure compliance with this Chapter, and Federal and State laws, rules, and regulations.

(Ord. 2025-153, 11/17/2025)

The Public Works Director shall provide public notice of the issuance of a Wastewater Discharge Permit. Any person, including the user, may petition the Public Works Director to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance.

A. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

B. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the Wastewater Discharge Permit.

C. The effectiveness of the Wastewater Discharge Permit shall not be stayed pending the appeal.

D. If the Public Works Director fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a Wastewater Discharge Permit, not to issue a Wastewater Discharge Permit, or not to modify a Wastewater Discharge Permit shall be considered final administrative actions for purposes of judicial review.

E. Aggrieved parties seeking judicial review of the final administrative individual wastewater discharge permit decision must do so by filing a complaint with the Superior Court of Monterey County within the statute of limitations.

(Ord. 2025-153, 11/17/2025)

The Public Works Director may modify a Wastewater Discharge Permit for good cause, including, but not limited to, the following reasons:

A. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements.

B. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the Wastewater Discharge Permit issuance.

C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

D. Information indicating that the permitted discharge poses a threat to the POTW, personnel, or public health and safety.

E. Violation of any terms or conditions of the wastewater discharge permit.

F. Misrepresentations or failure to fully disclose all relevant facts in the Wastewater Discharge Permit application or in any required reporting.

G. To correct typographical or other errors in the Wastewater Discharge Permit.

H. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 10.16.270 of this Chapter.

(Ord. 2025-153, 11/17/2025)

Wastewater Discharge Permit may be transferred to a new owner or facility operator only if the permittee gives at least 60 days advance notice to city staff and the Public Works Director approves the wastewater discharge permit transfer. The notice to the Public Works Director must include a written certification by the new owner or operator which:

A. States that the new owner and operator, if any, have no immediate intent to change the facility's operations and processes;

B. Identifies the specific date on which the transfer is to occur; and

C. Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of the transfer of ownership.

(Ord. 2025-153, 11/17/2025)

The Public Works Director may revoke a Wastewater Discharge Permit for cause, including, but not limited to, the following reasons:

A. Failure to notify the Public Works Director of significant changes to the wastewater prior to the changed discharge.

B. Failure to provide prior notification to the Public Works Director of changed conditions pursuant to Section 10.16.350 of this Chapter.

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

D. Falsifying self-monitoring reports and certification statements.

E. Tampering with monitoring equipment.

F. Refusing to allow the Public Works Director timely access to the facility premises and records.

G. Failure to meet effluent limitations.

H. Failure to pay fines.

I. Failure to pay sanitary sewer charges.

J. Failure to meet compliance schedules.

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

L. Failure to provide advance notice of the transfer of business ownership of a permitted facility.

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

All wastewater discharge permits issued to a user are void upon the issuance of a new wastewater discharge permit to that user.

(Ord. 2025-153, 11/17/2025)

A user with an expiring Wastewater Discharge Permit shall apply for Wastewater Discharge Permit reissuance by submitting a permit application, in accordance with Section 10.16.200 of this Chapter, a minimum 90 days prior to the expiration of the user's existing wastewater discharge permit. If a wastewater discharge permit application is timely submitted and a new wastewater discharge permit is not issued before the expiration date, the existing permit will be administratively extended until a new permit is issued or the City provides notice that the permit is expire and all discharges must cease.

(Ord. 2025-153, 11/17/2025)

A. Within either 90 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR Part 403.6(a)(4), whichever is later, existing CIUs currently discharging to or scheduled to discharge to the POTW shall submit to the Public Works Director a report which contains the information listed in below. At least 90 days prior to commencement of their discharge, new sources, and sources that become CIUs subsequent to the promulgation of an applicable categorical pretreatment standard, shall submit to the Public Works Director a report which contains the information listed below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical pretreatment standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

B. Users described above shall submit the following information:

1. Identifying Information:

a. The name and address of the facility, including the name of the operator and owner.

b. Contact information, description of activities, facilities, and plant production processes on the premises.

2. Environmental Permits: a list of all environmental control permits issued for the facility.

3. Description of Operations:

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 classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.

b. Types and amounts of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged into 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.

4. The location for monitoring all wastes covered by the Wastewater Discharge Permit.

5. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams.

6. 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, where required by the standard or by the Public Works Director, of regulated pollutants in the discharge from each regulated process.

c. Instantaneous, daily maximum, and long-term average concentrations, or mass where required, shall be reported.

d. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 10.16.390 of this Chapter. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Public Works Director or the applicable standards to determine compliance with the standard.

e. Sampling must be performed in accordance with procedures set out in Section 10.16.400 of this Chapter.

f. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.

g. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations to evaluate compliance with the pretreatment standards.

h. The Public Works Director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for pretreatment measures.

i. The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

C. Certification: A statement, reviewed by the Authorized Representative of the User as defined in Section 10.16.040 of this Chapter and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

D. Compliance Schedule: If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule must meet the requirements set out in Section 10.16.310 of this Chapter.

E. Signature and Report Certification: All baseline monitoring reports must be certified in accordance with Section 10.16.410 of this Chapter and signed by an Authorized Representative of the User as defined in Section 10.16.040 of this Chapter.

(Ord. 2025-153, 11/17/2025)

The following conditions shall apply to the compliance schedule required by Section 10.16.300D of this Chapter:

A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operations);

B. No increment referred to above shall exceed nine months;

C. The user shall submit a progress report to the Public Works Director no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule; and

D. In no event shall more than nine months elapse between such progress reports to the Public Works Director.

(Ord. 2025-153, 11/17/2025)

Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Public Works Director a report containing the information described in Sections 10.16.200F and G and 10.16.300B.6 of this Chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 10.16.060, this report shall contain a reasonable measure of the user's long term production rate.

For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 10.16.410A of this Chapter. All sampling will be done in conformance with Section 10.16.400 of this Chapter.

(Ord. 2025-153, 11/17/2025)

A. Except as specified in subsection C of this section, SIUs must, at a frequency determined by the Public Works Director, submit no less than twice per year (July and January) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the Public Works Director or the pretreatment standard necessary to determine the compliance status of the user.

B. The City may authorize a user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge or is present only at background levels from intake water and without any increase in the pollutant due to activities of the user. This authorization is subject to the following conditions:

1. The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical pretreatment standard and otherwise includes no process wastewater.

2. The monitoring waiver is valid only for the duration of the effective period of the wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent wastewater discharge permit.

3. In making a demonstration that a pollutant is not present, the user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

4. The request for a monitoring waiver must be signed in accordance with Section 10.16.040 and include the certification statement in Section 10.16.410A of this Chapter.

5. Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the USEPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

6. Any grant of the monitoring waiver by the Public Works Director must be included as a condition in the user's wastewater discharge permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the Public Works Director for three years after expiration of the waiver.

7. Upon approval of the monitoring waiver and revision of the user's permit by the Public Works Director, the user must certify on each report with the statement in Section 10.16.410C of this Chapter, that there has been no increase in the pollutant in its wastestream due to activities of the user.

8. In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately: Comply with the monitoring requirements of Section 10.16.330A of this Chapter, or other more frequent monitoring requirements imposed by the Public Works Director, and notify the Public Works Director.

9. This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

C. To the extent consistent with Federal and State law, the City may reduce the requirement for periodic compliance reports (see Section 10.16.330A of this Chapter) to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the USEPA, where the user's total categorical wastewater flow does not exceed any of the following:

1. 0.01 percent of the design dry-weather hydraulic capacity of the treatment plant, or 5,000 gpd, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the user discharges in batches;

2. 0.01 percent of the design dry-weather organic treatment capacity of the wastewater treatment plant(s); and

3. 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with Section 10.16.080 of this Chapter.

Reduced reporting is not available to users that have in the last two years been in significant noncompliance, as defined in Section 10.16.040 of this Chapter. In addition, reduced reporting is not available to a user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Public Works Director, decreasing the reporting requirement for this user would result in data that are not representative of conditions occurring during the reporting period.

D. All periodic compliance reports must be signed and certified in accordance with Section 10.16.410A of this Chapter.

E. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

F. If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Public Works Director, using the procedures prescribed in Section 10.16.400 of this Chapter, the results of this monitoring shall be included in the report.

(Ord. 2025-153, 11/17/2025)

Users must notify the Public Works Director 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 90 days before the change. For purposes of this requirement, significant changes may include, but are not limited to, flow increase of 20% or greater, the discharge of any previously unreported pollutants, the increase of regulated pollutant concentrations, or the introduction of a new product using different raw materials.

A. The Public Works Director 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 10.16.200 of this Chapter.

B. The Public Works Director may issue a Wastewater Discharge Permit under Section 10.16.290 of this Chapter or modify an existing Wastewater Discharge Permit under Section 10.16.260 of this Chapter in response to changed conditions or anticipated changed conditions.

(Ord. 2025-153, 11/17/2025)

A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify all appropriate agencies, including, but not limited to, the Public Works Supervisor of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

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

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

D. SIUs are required to notify the Public Works Director immediately of any changes at its facility affecting the potential for a slug discharge.

(Ord. 2025-153, 11/17/2025)

All users not required to obtain a Wastewater Discharge Permit shall provide appropriate reports to the Public Works Director as the Public Works Director may require.

(Ord. 2025-153, 11/17/2025)

If sampling performed by a user indicates a violation of the Wastewater Discharge Permit or the provisions of this Chapter, the user must notify the Public Works Director within 24 hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit the results of the repeat analysis to the Public Works Director within 30 days after becoming aware of the violation.

Resampling by the user is not required if the City performs sampling at the user's facility at least once a month, or if the City performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the user.

(Ord. 2025-153, 11/17/2025)

All pollutant analyses, including sampling techniques, to be submitted as part of a Wastewater Discharge Permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, 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, or where the USEPA determines that the 40 CFR Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Public Works Director or other parties approved by USEPA.

(Ord. 2025-153, 11/17/2025)

Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that are representative of conditions occurring during the reporting period.

A. Except as indicated in subsections B and C of this section, the user must collect wastewater samples using 24-hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the Public Works Director. Where time proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate USEPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved USEPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

C. For sampling required in support of baseline monitoring and 90-day compliance reports required in Sections 10.16.300 and 10.16.320 of this Chapter, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, Public Works Director may authorize a lower minimum. For the reports required by Section 10.16.330 of this Chapter, the user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

(Ord. 2025-153, 11/17/2025)

A. Certification of Wastewater Discharge Permit Applications, User Reports, and Initial Monitoring Waiver:

The following certification statement is required to be signed and submitted by users submitting wastewater discharge permit applications in accordance with Section 10.16.200 of this Chapter; users submitting baseline monitoring reports under Section 10.16.300 of this Chapter; users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 10.16.320 of this Chapter; users submitting periodic compliance reports required by Section 10.16.330 of this Chapter, and users submitting an initial request to forego sampling of a pollutant on the basis of Section 10.16.330B of this Chapter. The following certification statement must be signed by an authorized representative as defined in Section 10.16.040 of this Chapter:

"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 qualified 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."

B. Annual Certification for Non-Significant Categorical Industrial Users—A facility determined to be an NSCIU by the Public Works Director pursuant to Sections 10.16.040 and 10.16.210C of this Chapter must annually submit the following certification statement signed in accordance with the signatory requirements in 10.16.040. This certification must accompany an alternative report required by the Public Works Director:

C. Certification of Pollutants Not Present:

Users that have an approved monitoring waiver based on Section 10.16.330B of this Chapter must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user.

Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR Part _____ [specify applicable pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 10.16.330B of the City of Gonzales City Code.

(Ord. 2025-153, 11/17/2025)

Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(Ord. 2025-153, 11/17/2025)

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

(Ord. 2025-153, 11/17/2025)

The Public Works Director, or designee, 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 Public Works Director, or designee, 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 Public Works Director shall be permitted to enter without delay for the purposes of performing specific responsibilities.

B. The Public Works Director shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling or metering of the user's operations.

C. The Public Works Director 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 annually to ensure their accuracy. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected 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. Unreasonable delays in allowing the Public Works Director access to the user's premises shall be a violation of this Chapter.

(Ord. 2025-153, 11/17/2025)

The Public Works Director may require users discharging to the POTW to construct, at the user's own expense and at an approved location, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems. When required by the City, the owner of any property served by a building sewer carrying wastes 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 accessibly and safely located, and shall be constructed in accordance with plans approved by the City. The manhole shall be installed by the owner at its own expense, and shall be maintained so as to be safe and accessible at all times.

A. Any required monitoring facilities shall be specified in the wastewater discharge permit issued pursuant to Section 10.16.240A of this Chapter.

B. Users shall retain sufficient wastewater in their sample box at all times to allow sample collection representative of the last wastewater discharge.

C. Complete plans on all phases of the proposed installation of all components of monitoring facilities, including all equipment proposed for use, shall be submitted to the City for approval prior to construction.

(Ord. 2025-153, 11/17/2025)

If the Public Works Director, or designee, 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 wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Public Works Director may seek issuance of an inspection warrant from the Superior Court of Monterey County pursuant to applicable law.

(Ord. 2025-153, 11/17/2025)

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Public Works Director's inspection and sampling activities, shall be available to the public without restriction, unless 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.

Any such request must be asserted at the time of submission of the information or data. 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 pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR Part 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.

(Ord. 2025-153, 11/17/2025)

The Public Works Director shall publish annually, in a newspaper of general circulation, a list of the users which, at any time during the previous 12 months, were in significant noncompliance, as defined in Section 10.16.040 of this Chapter, with applicable pretreatment standards and requirements. In addition to the newspaper, the City may also publish users in significant noncompliance under the City's website and/or billing fliers. Significant noncompliance shall be applicable to all SIUs (or any other user that violates subsections 3, 4 or 8 of the significant noncompliance definition described in Section 10.16.040 of this Chapter).

(Ord. 2025-153, 11/17/2025)

When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Chapter, a Wastewater Discharge Permit or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director may serve upon that user a written Notice of Violation. Within 10 days of the receipt of such 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 Public Works Director. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. A Notice of Violation shall not be a bar against, or prerequisite for, taking any other action against the user.

(Ord. 2025-153, 11/17/2025)

The Public Works Director may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 10.16.520 and 10.16.530 of this Chapter and shall be judicially enforceable. A consent order shall not be a bar against, or prerequisite for, taking any other action against the user.

(Ord. 2025-153, 11/17/2025)

The Public Works Director may order a user which has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Public Works Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 15 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in Section 10.16.040 of this Chapter. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(Ord. 2025-153, 11/17/2025)

When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time.

If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and BMPs designed to minimize the amount of pollutants discharged to the POTW.

A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. 2025-153, 11/17/2025)

When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Public Works Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

A. Immediately comply with all requirements; and

B. 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 bar against, or a prerequisite for, taking any other action against the user.

(Ord. 2025-153, 11/17/2025)

A. When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director may fine such user in an amount not to exceed $5,000. 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. Unpaid charges, fines, and penalties shall, after 60 calendar days, be assessed an additional penalty of 25% of the unpaid balance, and interest shall accrue thereafter at a rate of 1% per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.

C. Users desiring to dispute such fines must file a written request for the Public Works Director to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the Public Works Director may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accrued thereto, shall be returned to the user. The Public Works Director 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. 2025-153, 11/17/2025)

The Public Works Director may immediately suspend a user's discharge, after notice to the user, whenever such suspension is necessary 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. The Public Works Director may also immediately suspend a user's discharge, after notice and opportunity to respond, that 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 shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Public Works Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to POTW, the environment, or endangerment to any individuals. The Public Works Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Public Works Director that the period of endangerment has passed, unless the termination proceedings in Section 10.16.560 of 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 Public Works Director prior to the date of any show cause or termination hearing under Section 10.16.510 or 10.16.560 of this Chapter.

Nothing in this Section shall be interpreted as requiring a hearing prior to any emergency suspension under this Section.

(Ord. 2025-153, 11/17/2025)

In addition to the provisions in Section 10.16.280 of this Chapter, any user who violates the following conditions is subject to discharge termination:

A. Violation of wastewater discharge permit conditions;

B. Failure to accurately report wastewater discharge constituents and characteristics;

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; or

E. Violation of the pretreatment standards in Sections 10.16.050, 10.16.060, 10.16.070 and 10.16.080 of this Chapter.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 10.16.510 of this Chapter why the proposed action should not be taken. Exercise of this option by the Public Works Director shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. 2025-153, 11/17/2025)

When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Chapter, a Wastewater Discharge Permit, or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director may petition the Superior Court of Monterey County 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 user.

The Public Works Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

(Ord. 2025-153, 11/17/2025)

A. A user who has violated, or continues to violate, any provision of this Chapter, a Wastewater Discharge Permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of $25,000 per violation, per day allowable under State law. 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 Public Works Director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including inspection, 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 of the violation, 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 bar against, or a prerequisite for, taking any other action against a user.

(Ord. 2025-153, 11/17/2025)

A. A user who willfully or negligently violates any provision of this Chapter, a Wastewater Discharge Permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine up to $25,000 per violation, per day up, or imprisonment for not more than three years, or both.

B. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a fine up to $25,000 per violation per day and be subject to imprisonment for not more than three years, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

C. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Chapter, Wastewater Discharge Permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter shall, upon conviction, be punished by a fine up to $25,000 per violation, per day, or imprisonment for not more than three years, or both.

D. In the event of a second conviction, a user shall be punished by a fine up to $25,000 per violation, per day, or imprisonment for not more than three years, or both.

(Ord. 2025-153, 11/17/2025)

Whenever a user has violated or continues to violate any provision of this Chapter, a Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, water service to the user may be severed. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply.

(Ord. 2025-153, 11/17/2025)

The remedies provided for in this Chapter are not exclusive. The Public Works Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations shall be in accordance with the City's Enforcement Response Plan. However, the Public Works Director may take other action against any user when the circumstances warrant. Further, the Public Works Director is empowered to take more than one enforcement action against any noncompliant user.

(Ord. 2025-153, 11/17/2025)

The city may adopt reasonable fees for reimbursement of costs of setting up and operating the City's Pretreatment Program which may include, but not limited to:

A. Fees for Wastewater Discharge Permit applications including the cost of processing such applications.

B. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports and certification statements submitted by users.

C. Fees for reviewing and responding to accidental discharge procedures and construction.

D. Fees for filing appeals.

E. Fees to recover administrative and legal costs (not included in Section 10.16.640B of this Chapter) associated with the enforcement activity taken by the Public Works Director to address noncompliance.

F. Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this Chapter and are separate from all other fees, fines, and penalties chargeable by the city.

(Ord. 2025-153, 11/17/2025)

During any period of threatened or actual shortage of sewer treatment or conveyance capacity, the City shall have the right to apportion its available capacity among consumers in such manner as appears most equitable under the circumstances then prevailing and with due regard to public health and safety. Such apportionment shall grant priority to housing with units affordable to lower income housing.

(Ord. 2025-153, 11/17/2025)

Decisions of the Public Works Director may be appealed to the City Council, in writing, filed with the City Clerk not later than 30 days after the date of the decision. At its next regular meeting following the filing of the appeal, the City Council shall fix a date, time, and place for the hearing of the appeal by the City Council. Such date shall not be less than 10 days nor more than 30 days from the date the appeal was filed with the City Clerk, and the City Clerk shall give the appellant written notice of the time and place of the hearing at least 10 days prior to the hearing.

Only those matters or issues specifically raised by the appellant in his written appeal shall be considered in the hearing of the appeal. The City Council shall consider any evidence presented and may overrule the decision of the Public Works Director; provided, that the decision of the Public Works Director is shown to be in conflict with the provisions of this Chapter.

No variances to the permissible constituent concentrations or review of licensed laboratory findings will be considered by the City Council. Failure of any person to file an appeal in accordance with the provisions of this Section shall constitute a waiver of the right to an administrative hearing and adjudication of the decision or portion thereof.

(Ord. 2025-153, 11/17/2025)

A. Charges Established by Resolution: To establish appropriate provisions for the construction and expansion of the POTW and provide for the necessary oversizing of the sanitary sewer system, and to be assured that the cost of such construction and expansion is borne by those who receive the benefits thereof, there are established connection charges for all connections made to the POTW. The amount of said charge for each type of use (residential, commercial, industrial) shall be fixed and determined by resolution of the City Council.

B. Payment of Charges and Fees: At the time a building permit is issued by the City, after the effective date hereof, the applicant therefor shall pay to the City the necessary connection charges herein provided for, together with such other fees as may be provided by an Ordinance or Resolution now in effect or hereafter adopted.

C. Charge Established:

1. There is established a monthly charge for the use of the sewerage and disposal facilities of the City. Said charges shall be collected by the Public Works Director simultaneously with water and/or garbage charges and shall be payable upon presentation of a bill for the periods of time which are simultaneous with and coincide with the water service.

2. Notwithstanding any other provision of this Chapter, upon failure of any consumer billed or the owner of a premises to pay any sewer service charge within the time prescribed by resolution pursuant to Section 10.04.110 of this Chapter, there shall be a penalty of 10% of the amount due and payable for said unpaid charge, which shall be added at the time the next bill is rendered, unless such bill is paid in full prior to said rendering, until the charge and penalties are paid; provided, that the total amount of the bimonthly penalties shall not exceed 50% of the total amount of the charges due.

D. Charges Established by Resolution: The bimonthly sewer service charges shall be established and determined by resolution of the City Council.

E. Special Contracts:

1. The City Council may enter into special contracts with any user for a different method of computing the sewer service charge for that user, provided the contract is consistent with California Administrative Code title 23, chapter 3, subchapter 7.

2. Any such contracts in existence prior to the effective date hereof shall continue in full force and effect until specifically altered or canceled.

(Ord. 2025-153, 11/17/2025)

If any provision of this Chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.

(Ord. 2025-153, 11/17/2025)

This Chapter shall be in full force and effect immediately following its passage, approval, and publication, as provided by law.

(Ord. 2025-153, 11/17/2025)