Chapter 13.20 — INDUSTRIAL WASTEWATER

Editor's note— Ord. No. 779, adopted Oct. 25, 2016, amended Ch. 13.20 to read as herein set out. Former Ch. 13.20 pertained to the same subject matter, consisted of §§ 13.20.010—13.20.380, and derived from Ord. No. 735, adopted Apr. 24, 2012; and Ord. No. 773, adopted Apr. 12, 2016.

This chapter sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the city and enables the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR Part 403).

The objectives of this chapter are:

A.

To prevent the introduction of pollutants into the municipal wastewater system (including the collection and treatment systems) which will interfere with the designed effective operation of the systems or contaminate

the resulting biosolids resulting from the treatment processes;

B.

To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system (including the collection and treatment system), inadequately treated, into the receiving waters or the atmosphere or otherwise by incompatibility with the system;

C.

To maximize and improve the opportunity to recycle and reclaim wastewaters;

D.

To protect publicly owned treatment works (POTW) personnel who may be affected by wastewater and biosolids in the course of their employment and to protect the general public;

E.

To provide for the fair and equitable distribution of the cost of operations of both the municipal wastewater treatment and collection systems; and

F.

To enable the city to comply with its National Pollutant Discharge Elimination System (NPDES) permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject.

This chapter and Chapter 13.12 provides for the regulation of all users of the POTW. This chapter authorizes the issuance of discharge permits to certain nondomestic, users; authorizes enforcement of general requirements for the other users; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; assumes that existing customers' capacity will not be preempted and provides for the setting of fees for the equitable distribution of costs resulting from the program established in this chapter.

This chapter shall apply to persons in the city and to persons outside the city who are users of the city POTW.

(Ord. No. 779, § 1, 10-25-2016)

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

(Ord. No. 779, § 1, 10-25-2016)

Unless explicitly stated otherwise, the following terms and phrases, as used in this chapter, shall have the meanings designated in this section:

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

"Approval authority" refers to the California Regional Water Quality Control Board, Central Valley Region following designation by the Director of Region 9, United States Environmental Protection Agency.

"Authorized representative of user" is defined as an authorized representative or agent of the user, who may be:

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 operation 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 wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

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 his/her designee;

The individuals described in paragraphs (1) through (3) above may designate another 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.

"Best management practice" ("BMP") means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 13.20.050. 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.

"Biochemical oxygen demand" ("BOD") means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at twenty Centigrade expressed in terms of weight and concentration [e.g., milligrams per liter (mg/1)].

"Categorical pretreatment standard" or "categorical standard" means any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317 et seq.) which applies to a specific category of users and which appears in 40 CFR chapter I, subchapter N, parts 405—471.

"City" means the City of Grass Valley.

"Color" means the optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.

"Composite sample" means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time. Sample collection must be conducted in accordance with proper techniques and equipment identified in 40 CFR Part 136.

"Control authority" is the term that refers to the POTW (city) if the POTW's pretreatment program submittal (40 CFR Part 402.2(t)(1)) has been approved in accordance with the requirements of 40 CFR Part 403.11, or the approval authority if the pretreatment program submittal has not been approved.

"Cooling water/noncontact cooling water" means the water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat, i.e., the water has not been treated with any chemical or product such as to control slimes or bacterial growths, etc.

"Daily maximum" means the arithmetic average of all effluent samples of a pollutant collected during a calendar day.

"Daily maximum limit" means 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.

"Director" means the director of public works. The director is the person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.

"Discharge" means the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act. The discharge into the POTW is normally by means of pipes,

conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.

"Domestic user" (or residential user) means any person who contributes, causes, or allows the discharge of wastewater into the city POTW from a residential dwelling unit in which no activity requiring a business license takes place.

"Engineer" means the engineer acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

"Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency, or where appropriate the director of the EPA Region XI Office of Water, or other duly authorized official of that agency.

"Existing user" means any user which was discharging wastewater prior to the effective date of this chapter.

"Fats, oils and grease removal system" means interceptors, separators, traps, or grease recovery devices, which prevents free-floating grease, fats, and oils from entering the sewage system.

"Food service establishment" means any commercial facility discharging kitchen or food preparation wastewaters including restaurants, motels, hotels, cafeterias, hospitals, schools, bars, etc., and or any other facility which in the director's opinion, would require a fats, oils and grease removal system installation by virtue of its operation.

"Grab sample" means a sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time. Sample collection must be conducted in accordance with proper techniques and equipment identified in 40 CFR Part 136.

"Grease" means ether-soluble matter, and shall include each of the following two types:

Dispersed grease, which means grease which is not floatable grease;

Floatable grease, which means grease which floats on the surface of quiescent sewage water or other liquid or which floats when mixed or added to water.

"Grease interceptor" means a passive interceptor which separates and removes fats, oils and grease from and serves as a fixture trap that is usually located outside the building.

"Grease-laden waste" means an effluent discharge that is produced from food processing, food preparation, or other commercial sources where fats, oils and grease enter automatic dishwasher pre-rinse stations, sinks or other appurtenances.

"Grease recovery device" means an active automatic device which separates and removes fats, oils and grease from effluent discharge, and cleans itself of accumulated fats, oils and grease at least once every

twenty-four hours, utilizing electromechanical apparatus to accomplish removal.

"Grease trap" means a passive interceptor designed to remove fats, oils and grease and serves as a fixture trap that is usually located inside the building.

"Indirect discharge" or "discharge" means the introduction of pollutants into the POTW from any nondomestic source.

"Industrial user" means any nonresidential user that is required under the provision of this chapter to obtain a wastewater discharge permit.

"Industrial wastewater discharge permit" (or wastewater discharge permit) means the authorization or equivalent control document issued by the city to certain nonresidential users allowing the discharge of wastewater into the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this chapter.

"Instantaneous maximum allowable discharge limit" means the maximum concentration and/or mass loading of a pollutant allowed to be discharged at any time, determined from the analysis of any grab or composite sample collected, and the associated waste flow rate.

"Interference" means a discharge which alone or in conjunction with a discharge or discharges from other sources, either:

Inhibits or disrupts the POTW, its treatment processes or operations;

Inhibits or disrupts its sludge processes, use, or disposal; or

Is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA, the Clean Air Act or the Toxic Substances Control Act.

"Local limit" means specific discharge limits developed and enforced by the city upon nondomestic users to implement the general and specific discharge prohibitions listed in 40 CFR Part 403.5(a)(1) and (b).

"Medical wastes" includes, but is not limited to, 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. Medical wastes also include dental wastes.

"Monthly average" means the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measure during that month.

"Monthly average limit" means 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.

"National Pollution Discharge Elimination System" or "NPDES permit" means the permit issued to the City of Grass Valley by the California Regional Water Quality Control Board, Central Valley Region, which regulates the disposal of liquids and solids of wastewater origins.

"New source" includes the following:

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 categorical pretreatment standards under Section 307(c) of the Act which 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 or 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 source, and the extent to which the new facility is engaged in the same general type of activity as the existing source, 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) above, but otherwise alters, replaces, or adds to existing process or production equipment.

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

a.

Begun, or caused to begin as part of a continuous on-site construction program:

i.

Any placement, assembly, or installation of facilities or equipment; or

ii.

Significant site preparation work including clearing, excavation, 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 binding 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 paragraph.

"New user" is a user that is not regulated under federal categorical pretreatment standards but that applies to the city for a new building permit, or occupies an existing building and plans to commence discharge of wastewater to the city's collection system after the effective date of this chapter. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an "existing user" if no significant changes are made:

In the quantity and quality of nondomestic wastewater discharged to the city's sewer system, and

To the processes and operations that produce the nondomestic wastewater, manufacturing operation, and if transference of the existing wastewater discharge permit is approved by the city as described herein.

"Noncontact cooling water" measures water used for cooling that does not come into direct contact with any raw materials, intermediate product, waste product, or finished product.

"Nonresidential user" is a user of the city POTW that pays fees to discharge domestic and/or industrial/commercial waste into the sewer system from an activity requiring a business license.

"Pass through" means a discharge to the city's sewer system which exits the POTW into waters of the United States 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 NPDES permit (including an increase in the magnitude or duration of a violation).

"Permittee" means a user issued a wastewater discharge permit.

"Person" means any individual, partnership, co-partnership or any partnership of any legal or practical definition limited or otherwise, firm, company, corporation, association, joint stock company, trust, estate,

governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state, or local governmental entities.

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

"Pollutant" means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, food preparation/serving waste products, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural wastes and industrial wastes, and certain characteristics of the wastewater [e.g., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, or odor].

"Pretreatment" or "treatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties prior to (or in lieu of) introducing such pollutants into a 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" means any substantive or procedural requirement related to pretreatment imposed on a user, other than pretreatment standards.

"Pretreatment standard" (or standard) means prohibited discharge standards, categorical pretreatment standards, and local limits established by the city as listed herein.

"Prohibited discharge standards" (or prohibited discharges) include those absolute prohibitions against the discharge to the sewer system of certain substances, which appear in Section 13.20.050 of this chapter.

"Publicly owned treatment works (POTW)" means a treatment works as defined by Section 212 of the Act (33 U.S.C. 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 a treatment plant. The term also means the city.

"Residential user" (or domestic user) is a user of the city's POTW that pay fees to discharge domestic waste into the sewer system from activities in a residential setting that does not require a business license.

"Septic tank waste" means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

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

"Sewer" means any pipe, conduit, ditch, or other device used to collect and transport sewage from the generating source.

"Shall" and "may" have the following meanings: "Shall" is mandatory. "May" is permissive.

"Significant industrial user" means any user that is required by the provisions of this chapter to obtain a wastewater discharge permit, and is:

A user subject to categorical pretreatment standards; or

A user that:

a.

Discharges an average of twenty-five thousand gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling, and boiler blowdown wastewater);

b.

Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW; or

c.

Is designated as such by the city on the basis that that the user's discharge has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

Upon a finding that a user meeting the criteria in subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any applicable pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user [and in accordance with procedures in 40 CFR Part 403.8(f)(6)], determine that such user should not be considered a significant industrial user.

"Slug" means any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four-hour concentration or flows during normal operation.

"Slug load" means any discharge at a flow rate or concentration which could cause a violation of the discharge standards as put forth herein, or any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.

"Solids transfer/grease recovery device" means an active automatic pretreatment device which macerates coarse solids and separates/recovers free-floating fats, oils and grease at least once every twenty-four hours, utilizing electromechanical apparatus to accomplish removal.

"Standard industrial classification (SIC)" means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

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

"System" means the city's POTW including the sewer collection system and wastewater treatment plant.

"Total suspended solids" are the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

"Treatment plant effluent" (or "WWTP effluent") means the discharge from the city's POTW into waters of the United States (Wolf Creek).

"User" means a person that pays fees to the city and who has secured stated authority to discharge into the sewer system. There are two categories of users:

Residential; and

Nonresidential.

"Wastewater" includes 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 discharge permit" (or industrial wastewater discharge permit) is the authorization or equivalent control document issued by the city to certain users allowing the discharge of wastewater into the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this chapter.

"Wastewater treatment plant" (WWTP, or treatment plant) means that portion of the POTW that is designed to provide treatment of municipal sewage and industrial waste.

(Ord. No. 779, § 1, 10-25-2016)

The following abbreviations shall have the designated meanings:

ASPP - Accidental spill prevention plan

BMP - Best management practice

BOD - Biochemical oxygen demand

CFR - Code of Federal Regulations

COD - Chemical oxygen demand

CWA - Clean Water Act, 33 USC 1251 et seq.

EPA - United States Environmental Protection Agency

FOG - Fats, oil and grease

GGI - Gravity grease interceptor

gpd - Gallons per day

L - Liter

mg - Milligrams

mg/L - Milligrams per liter

NPDES - National Pollutant Discharge Elimination System

O&M - Operation and maintenance

POTW - Publicly owned treatment works

RCRA - Resource Conservation and Recovery Act

SIC - Standard industrial classification

SS - Suspended solids

SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.

USC - United States Code

(Ord. No. 779, § 1, 10-25-2016)

It is unlawful for any user to contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW by causing interference or pass through. These prohibitions apply to all users whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state, or local pretreatment standards or requirements. 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.

A.

It is unlawful for any user to contribute the following substances to the POTW:

Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to create a fire or explosive hazard in the POTW, to cause fire or explosion, or to be injurious in any other way to the POTW or to the operation of the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit (or equivalent sixty degrees Celsius). At no time shall wastestreams have a closed-cup flash point of less than one hundred forty degrees Fahrenheit (or equivalent sixty degrees Celsius) using the test methods specified in 40 CFR Part 261.21. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials

include, but are not limited to: Gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, and any other substances which the city, the state, or EPA has notified the user is a fire hazard or a hazard to the system. The National Institute for Occupational Safety and Health chemical database provides closed-cup flashpoint values for pollutants prohibited from discharge to the POTW;

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes;

Any wastewater having a pH less than six, or higher than ten, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW;

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act;

Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair; and/or any wastewater containing 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;

Any substance which may cause the POTW's effluent or any other product of the POTW such as residue, sludge or scum, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used;

Any substance which will cause the POTW to violate its NPDES and/or state waste discharge requirements or the receiving water quality standards;

Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds forty degrees Celsius or equivalent one hundred four degrees Fahrenheit;

Any pollutants, including oxygen demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. A slug load is considered to be a discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge. Batch discharges are intentional, controllable discharges that occur periodically within an industrial user's process (typically the result of a noncontinuous process). Accidental spills are unintentional, largely uncontrolled discharges that may result from leaks or spills of storage containers or manufacturing processes in an area with access to floor drains;

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the director in compliance with applicable state or federal regulations;

Any wastewater which causes a hazard to human life or creates a public nuisance;

Trucked or hauled pollutants, except at discharge points designated by the city;

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

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

Medical wastes, except as specifically authorized by the director;

Wastewater causing, alone or in conjunction with other sources, the treatment plant effluent to fail a toxicity test;

Detergents, surface-active agents, or other substances that may cause excessive foaming in the POTW. Any water or waste containing synthetic detergents in sufficient quantity to injure or interfere with any sewage treatment process or create problems in the receiving water of the sewage treatment plant;

The use or addition of any chemical or biological agent used for the maintenance of grease traps and interceptors. This includes enzymes, emulsifiers, and bacterial cultures;

Hazardous waste as defined in 40 CFR Part 261.

B.

When the director determines that a user(s) is discharging to the POTW any of the substances enumerated in subsection A of this section, the director shall:

Advise the use or addition of any chemical or biological agent used for the maintenance of grease traps and interceptors. This includes enzymes, emulsifiers, and bacterial cultures;

Advise the user(s) of the impact of the contribution on the POTW;

Develop effluent limitation(s) of the impact of the discharge on the POTW; and/or

Take such further enforcement action as may be appropriate.

(Ord. No. 779, § 1, 10-25-2016)

All food service establishments must conduct operations in a manner which avoids causing grease blockages to the POTW. All food service establishments must have a wash area designed for washing floor mats, with wastewater discharge directed to the city sewer. Wastewater from floor mat washing cannot be

discharged to the storm drain system. Food service establishments are required to implement best management practices to eliminate excessive grease discharges or other violations, as designated by the director.

A.

The following design, administrative, operational, and other requirements are applicable to all food service establishments, new or existing. Particular requirements for grease trap/interceptor construction specifically pertaining to both new and existing food service establishments are provided in separate guidance documents.

All food service establishments shall have FOG removal systems approved by the city. All removal systems shall be of a capacity sufficient to provide the appropriate quality of effluent to achieve ninety-percent removal of FOG for non-GGI. Establishments whose FOG removal system is not in accordance with this standard shall be given a compliance schedule with a deadline not to exceed six months from initial notification date.

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 FOG removal system when approved by the director provided, however, that toilets, urinals, wash basins, and other fixtures containing fecal material shall not flow through the grease removal device. Interceptors shall be located such that discharges to the devices do not exceed one hundred forty degrees Fahrenheit or the interceptor manufacturer's recommendations, whichever is more restrictive.

FOG removal systems shall be maintained in efficient operating condition by periodic removal of the accumulated grease and solids. The use of chemicals, enzymes, bacteria, or any other additive to dissolve grease is specifically prohibited. No accumulated grease shall be introduced into any drainage piping or public or private sewer.

Grease removal (pumping) shall be sufficiently frequent to prevent objectionable odors, surcharge of the removal device, or interference with the operation of the POTW. Grease interceptors shall be maintained such that the volume of floating FOG and settable solids does not exceed twenty-five percent of an interceptor's volume. Collected grease shall be disposed of properly and may not be reintroduced into the sewer system.

All users required to have a FOG removal system shall develop and maintain a record of periodic system maintenance, cleaning, and grease removal (pumping) that is acceptable to the city. These maintenance and removal records shall be retained for a period of not less than three years.

All users required to have a FOG removal system shall submit periodic reports of FOG removal system maintenance, cleaning and grease removal activities as specified in the permit.

All users required to have a FOG removal system may be required to provide results of periodic measurements of its discharge which include chemical analyses of oil and grease content.

All food service establishment FOG removal systems shall be subject to periodic review, evaluations, and inspection, at all reasonable times.

Abandoned grease removal devices shall be emptied, cleaned of all deposits and filled as required for abandoned septic tanks.

(Ord. No. 779, § 1, 10-25-2016)

No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to city streets or storm drain system may occur. This section shall apply to both actual and potential discharges.

(Ord. No. 779, § 1, 10-25-2016)

Upon the promulgation of the Federal Categorical Pretreatment Standards (40 CFR Parts 405-471, and subsequent amendments) for a particular industrial subcategory, the federal categorical pretreatment standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The director shall notify all affected users of the applicable reporting requirements under 40 CFR Part 403.12.

(Ord. No. 779, § 1, 10-25-2016)

The following pollutant limits are established to protect against pass through and interference. No person or user shall discharge wastewater containing pollutant levels in excess of the following daily average allowable discharge limits:

The above limits apply at the point where the wastewater is discharged to the POTW (end of pipe). All concentrations for metallic substances are for "total" metal unless indicated otherwise. The director may impose mass limitations in addition to (or in place of) the concentration-based limitations above. Where a user is subject to categorical pretreatment standards and a local limit for a given pollutant, the categorical pretreatment standard is applied to the end of the categorical process wastewater, and the local limit is applied to the discharge to the POTW.

At no time shall the total daily quantity of wastewater discharged exceed five thousand gallons per day at the specific pollutant limits. Discharges in excess of this quantity shall be subject to mass limitations set by the director.

(Ord. No 779, § 1, 10-25-2016)

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.

(Ord. No 779, § 1, 10-25-2016)

The city reserves the right to amend this chapter in order to establish more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives of this chapter. The city reserves the right to establish in industrial wastewater discharge permits more stringent standards or requirements on discharges to the POTW.

(Ord. No 779, § 1, 10-25-2016)

No user 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 the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant specific limitation developed by the city or state. The director may impose mass limitations on users which it is believed may be using dilution to meet applicable pretreatment standards or requirements, or in other cases when imposition of mass limitations is appropriate.

(Ord. No 779, § 1, 10-25-2016)

The director shall require each user that is permitted to develop and implement an accidental spill prevention plan (ASPP) and when necessary a slug control plan. The city shall determine which user is required to develop a slug control plan. New industrial users (when required) shall submit these plans within sixty days after notification by the city. Existing industrial users (when required) shall submit these plans within six months after notification by the city. Where deemed necessary by the city, facilities to prevent accidental discharge and/or slug discharges of pollutants shall be provided and maintained at the industrial user's cost and expense. Facilities plans and operating procedures to prevent accidental discharges and/or slug discharges shall be submitted to the city for review and approval before implementation. Each permitted user shall implement its ASPP and/or slug control plan as submitted or as modified after such plan has been reviewed and approved by the city. Review and approval of such plans and operating procedures by the city shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this chapter or other local, state or federal requirement.

A.

Each user that is required to obtain a wastewater discharge permit shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. This shall include containment and isolation of materials in a sump or basin of approved construction. The ability to confine spills shall be provided in the form of valves or other means approved by the director. The valve(s) shall be located on the building drain as close as practicable to the sump outlet. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's cost and expense.

Any user required to develop and implement an ASPP as a condition of permitting shall submit a plan which addresses, at a minimum, the following:

a.

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

b.

Description of stored chemicals;

c.

Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the standards in this chapter;

d.

Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are 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 chemicals (including solvents), and/or measures and equipment for emergency response;

e.

Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility.

All existing industrial users shall complete such a plan within six months of the effective date of this chapter.

B.

No new user that has not commenced discharging to the sewer system prior to the effective date of this chapter shall be permitted to introduce pollutants into the system until the new user's ASPP has been approved by the city, and the ASPP is fully implementable.

C.

In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

Written Notice. Within five calendar days following an accidental discharge the user shall submit to the director a detailed written report describing the cause 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 may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law.

Notice to Employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedures.

(Ord. No 779, § 1, 10-25-2016)

It is the purpose of this section to provide for the recovery of costs from users of the city's wastewater disposal system for the implementation of the program established in this chapter.

(Ord. No 779, § 1, 10-25-2016)

Industrial wastewater discharge applications will be reviewed by the director and those applicants determined to be affected by this chapter will be issued an industrial wastewater discharge permit following payment of fees.

Charges and fees, as well as fee schedule amendments and revisions will be established by resolution adopted by the city council. The city will adopt reasonable fees for the reimbursement of costs of setting up and operating the city's pretreatment program. These costs may include, but not be limited to, the following:

A.

Fees for wastewater discharge permit applications and surveys including the costs of processing such applications and surveys;

B.

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

C.

Fees for reviewing and responding to accidental discharge procedures and construction;

D.

Fees for filing appeals; and

E.

Other fees as the city may deem necessary to carry out the requirements contained herein and in pretreatment programmatic documents. These fees relate solely to the matters covered by the pretreatment program and are separate from all other fees, fines, and penalties chargeable by the city.

(Ord. No 779, § 1, 10-25-2016)

It is unlawful for any user to discharge to any sewer within the city, or in any area under the jurisdiction of the city and/or to the POTW, except as authorized by the director in accordance with the provisions of this chapter.

(Ord. No 779, § 1, 10-25-2016)

Prior to connecting to and/or discharging to the POTW, all users proposing to discharge to the sewer system shall either obtain a wastewater discharge permit or be determined by the director to be exempt from permitting. All existing users discharging to the sewer system shall obtain a wastewater discharge permit or be determined by the director to be exempt from permitting within ninety days after the effective date of this chapter. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set forth in this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligations to comply with all federal and state pretreatment standards or requirements, or with any other requirements of federal, state, and local law. At least ninety days prior to the anticipated start-up, any new source, which is a source that becomes a significant industrial user subsequent to the proposal of an applicable categorical pretreatment standard that is later promulgated, and any user determined to require permitted shall apply for an industrial wastewater discharge permit and will be required to submit to the city at least the information listed in section 13.20.170 (permit application) subsections A1 through A15. New sources shall also be required to include in their application information on the method of pretreatment they intend to use to meet applicable pretreatment standards. A new source cannot discharge without first receiving a wastewater discharge permit from the city.

(Ord. No 779, § 1, 10-25-2016)

A.

Users required to obtain a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the director. In support of the application the user shall submit, in units and terms appropriate for evaluation, the following information:

Identifying Information.

a.

Name, address and location (if different from the 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;

Permits. The user shall submit a list of all environmental control permits held by or for the facility;

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 the user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from regulated processes;

b.

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;

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 indicating points of discharge to the POTW from the regulated or manufacturing processes, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers, and appurtenances by the size, location and elevation;

All significant industrial users shall be required to submit time and duration of discharge information. All industrial users shall, when time and duration of discharge information is available, shall submit the available. The time and duration of discharge information shall include average daily and peak wastewater flow rates, including daily, monthly, and seasonal variations if any.

a.

Categorical users shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

i.

Regulated or manufacturing process streams; and

ii.

Other streams as necessary to allow use of the combined wastestream formula [40 CFR Part 403.6(e)],

b.

Non-categorical users shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

i.

Total process flow, wastewater treatment plant flow, total plant flow, or individual manufacturing process flow as required by the city.

ii.

Wastewater constituents and characteristics including, but not limited to, those referenced in this chapter, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the Act and contained in 40 CFR Part 136, as amended;

The location for monitoring all wastes covered by the permit;

Measurement of Pollutants.

a.

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

b.

The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or the 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 the procedures set out in Section 13.20.237 of this chapter. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the director or the applicable standards to determine compliance with the standard.

e.

Sampling must be performed in accordance with procedures set out in Section 13.20.237 of this chapter;

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

B.

The city will evaluate the data furnished by the permit applicant and may require additional information. Incomplete or inaccurate applications will not be processed and will be returned to the applicant for revision. After evaluation and acceptance of the data furnished, the city may issue a wastewater contribution permit subject to terms and conditions provided in this chapter. The city may deny any application for a wastewater discharge permit.

(Ord. No 779, § 1, 10-25-2016)

A.

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

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that 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.

If the designation of an authorized representative 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 user, a new written authorization satisfying the requirements of this chapter must be submitted to the director prior to or together with any reports to be signed by an authorized representative.

(Ord. No 779, § 1, 10-25-2016)

Within nine months of the promulgation of a Federal Categorical Pretreatment Standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a Federal Categorical Pretreatment Standard has not previously submitted an application for a wastewater discharge permit as required, the user shall apply for a wastewater discharge permit within one hundred eighty days after the promulgation of the applicable Federal Categorical Pretreatment Standard. In addition, the user with an

existing wastewater discharge permit shall submit to the director within one hundred eighty days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by subdivisions 8 [3] and 9 [4] of subsection A of Section 13.20.170.

(Ord. No 779, § 1, 10-25-2016)

Industrial wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the city.

A.

Wastewater discharge permits must contain the following:

A statement that indicates the duration of the industrial wastewater discharge permit including the permit issuance date, expiration date, and effective date;

A statement that the wastewater discharge permit is nontransferable without prior notification and approval from the city in accordance with wastewater discharge permit transfer provisions described in this chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

Effluent limits based on applicable pretreatment standards and requirements;

Self-monitoring, sampling, reporting, notification, submittal of technical reports, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

Requirement for immediate notification to the city when self-monitoring results indicate noncompliance;

Requirement to report immediately to the city all discharges, including slug loadings, that could cause problems to the POTW; and

A statement of applicable administrative, 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 requirement by applicable federal, state, or local law.

B.

Permits may contain, but need not be limited to, the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to the POTW;

2

Limits on the average and/or maximum rate and time of discharge and/or requirements for flow regulations and equalization;

Requirements for installation and maintenance of inspection and sampling facilities and equipment;

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

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 time of the wastewater discharge permit;

Development and implementation of waste minimizing plans to reduce the amount of pollutants discharged to the POTW;

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 POTW;

Requirements of the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;

Other conditions as deemed appropriate by the city to ensure compliance with this chapter.

C.

The director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

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

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

Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, or the receiving waters;

Violation of any terms or conditions of the wastewater discharge permit;

Misrepresentations or failure to fully disclose all relevant facts in the discharge permit application or in any required reporting;

Revisions of or a grant of variance from categorical pretreatment standards pursuant to section 40 CFR Part 403.13;

To correct typographical or other errors in the wastewater discharge permit; or

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

(Ord. No 779, § 1, 10-25-2016)

Permits shall be issued for a specified time period, not to exceed three years. The permittee shall apply for permit reissuance a minimum of one hundred eighty days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in this chapter are modified or other just cause exists. The permittee shall be informed of any proposed changes in his permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(Ord. No 779, § 1, 10-25-2016)

Industrial wastewater discharge permits are issued to a specific user for a specific operation. An industrial wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. Industrial wastewater discharge permits may be transferred to a new owner or operator only if the existing permittee provides in writing the director at least ninety days advance notice and the city approves the wastewater discharge permit transfer. The notice to the director must include a written certification by the new owner or operation that includes the following:

A.

A statement that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

B.

A statement identifying the specific date on which the transfer is to occur; and

C.

A statement acknowledging 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 facility transfer.

(Ord. No 779, § 1, 10-25-2016)

A.

Within either one hundred eighty days after the effective date of a categorical pretreatment standard, or the final administrative decision on a categorical determination under 40 CFR Part 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the director a report which contains the information listed in Section 13.20.215(B). At lease

ninety days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the director a report which contains the information listed in Section 13.20.215(B). A new source shall report which method of pretreatment it intends to use to meet the applicable categorical 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 information set forth below.

All information required in Sections 13.20.170(A)(1), 13.20.170(A)(2), 13.20.170(A)(3)(a), and 13.20.170(A)(4).

Measurement of pollutants.

a.

The user shall provide the information required in Section 13.20.170(A)(6)(a)—(d).

b.

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

c.

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 necessary to allow use of the combined wastestream formula in 40 CFR Part 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR Part 403.6(e), this adjusted limit along with supporting data shall be submitted to the city.

d.

Sampling and analysis shall be performed in accordance with Section 13.20.237;

e.

The 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 industrial pretreatment measures;

f.

The baseline report shall indicate the time, date, and place of sampling and method of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant

discharges to the POTW.

Compliance Certification. The user shall submit a statement, worded as indicted below, which has been reviewed by an authorized representative of the user, and certified by a qualified profession, indicating whether the applicable pretreatment standards are being met on a consistent basis, and if not, whether additional O&M and/or additional pretreatment is required for the user to meet the applicable pretreatment standards and requirements.

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. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 13.20.217 of this chapter.

Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 13.20.175 of this chapter and signed by an authorized representative.

(Ord. No 779, § 1, 10-25-2016)

The following conditions shall apply to the compliance schedule required by Section 13.20.215 of this chapter:

A.

The schedule shall contain increments of progress 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 (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

B.

No increment referred to in paragraph A. shall exceed nine months.

C.

Not later than fourteen days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the

construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the director.

(Ord. No 779, § 1, 10-25-2016)

Within ninety days following the date for final compliance with applicable pretreatment standards or, in the case of new source, following commencement of the introduction of wastewater into the POTW, any user that has been determined to be a user subject to pretreatment standards and requirements shall submit to the director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the significant industrial user into compliance with the applicable pretreatment standards or requirements. This report shall contain the information outlined in Section 13.20.170. The certification statement shall be signed by an authorized representative of the significant industrial user.

(Ord. No 779, § 1, 10-25-2016)

A.

Any users must, at a frequency determined by the 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 measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the user.

B.

All period compliance reports must be signed and certified in accordance with Section 13.20.175 by an authorized representative of the user.

C.

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 at all times. 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.

If a user subject to the reporting requirements in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the director, using the procedures outlined in Section 13.20.237 of this chapter, the results of this monitoring shall be included in the report.

(Ord. No 779, § 1, 10-25-2016)

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

A.

The director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including submission of a wastewater discharge permit application.

B.

The director may issue a wastewater discharge permit under Section 13.20.190 of this chapter or modify an existing wastewater discharge permit under [Section] 13.20.190(C) of this chapter in response to changed conditions or anticipated changed conditions.

(Ord. No 779, § 1, 10-25-2016)

A.

In the case of any discharge, including, but not limited to, accidental discharges of a non-routine, episodic nature, a non-customary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the director 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 days following such discharge, the user shall, unless waived by the 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 permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Section 13.20.233(A). Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.

D.

Significant industrial users are required to notify the director immediately of any changes at its facility affecting the potential for a slug discharge.

If sampling performed by user indicates a violation of its permit conditions, the user shall notify the city within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within thirty days after becoming aware of the violation.

(Ord. No 779, § 1, 10-25-2016)

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

(Ord. No 779, § 1, 10-25-2016)

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 is representative of conditions occurring during the reporting period.

A.

Except as indicated in [Section] 13.20.237(B), (C), the user must collected wastewater using twenty-four- hour flow-proportional composting sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the director. Where time-proportional composite sampling or grab sampling is authorized by the director, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-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 documents in approved EPA methodologies may be authorized by the director, 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 organics must be obtained using grab sample collection techniques.

C.

For sampling required in support of baseline monitoring and ninety-day compliance report required in Sections 13.20.215 and 13.20.230, 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, the director may authorize a lower minimum. For the reports required by 40 CFR Parts 403.12(e) and 403.12(h), the user is required to

collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

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 EPA determines that 40 CFR Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the director or other parties approved by EPA.

If the city agrees to perform such periodic compliance monitoring, it may charge the user for such monitoring, based upon the costs incurred by the city for the sampling and analyses. Any such charges shall be added to the normal sewer charge and shall be payable as part of the sewer bills. The city is under no obligation to perform periodic compliance monitoring for a user.

(Ord. No 779, § 1, 10-25-2016)

A.

The city shall require to be provided, maintained, and operated at the user's own expense monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems.

B.

The monitoring facility should normally be situated on the user's premises but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parking vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis.

C.

The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards specifications.

D.

Construction shall be completed within ninety days following written notification by the city.

(Ord. No 779, § 1, 10-25-2016)

A.

Any user subject to the reporting requirements established in this chapter shall maintain records of all information resulting from any monitoring activities, including documentation associated with best management practices. Such records shall include for all samples:

The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;

The dates analyses were performed;

Who performed the analyses;

The analytical techniques/methods used; and

The results of such analyses.

B.

Any user subject to the reporting requirements established in this chapter (including documentation associated with best management practices) shall be required to retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required by this chapter) and shall make such records available for inspection and copying by the director. This period of retention shall be extended during the course of any unresolved litigation regarding the user or when requested by the director.

(Ord. No 779, § 1, 10-25-2016)

A.

The city may without prior notice inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being met and all requirements are being complied with. Denial of inspection on the part of the permittee may result in revocation of an operating permit.

B.

Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying, or in the performance of any of their duties.

C.

The city (control authority), approval authority and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering.

D.

Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the city, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Unreasonable delays in allowing access to the user's premises shall be a violation of this chapter.

E.

If the city 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 the chapter, or that there is a need to inspect as part of a routine inspection program of the city designed to verify compliance with this chapter or any industrial wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the director shall seek issuance of a search and/or seizure warrant from the Nevada County Superior Court. Such warrant shall be served at reasonable hours by the director or other city staff in the company of a uniformed police officer of the city.

F.

The cost of analysis of samples by a private laboratory shall be the sole responsibility of the owner.

(Ord. No 779, § 1, 10-25-2016)

A.

Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with the Federal Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulations.

B.

Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and opening procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facility or method of operation shall be reported to, and be acceptable to, the city prior to the user's initiation of the changes.

C.

The city shall annually publish in the newspaper with the largest daily circulation that is published in Grass Valley a list of the significant industrial users which were not in compliance with any pretreatment requirements or standards at least once during the twelve previous months and which were deemed to be in significant noncompliance with applicable pretreatment standards and requirements. The list shall denote accidental as well as negligent noncompliance. The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve months. The term significant noncompliance shall mean:

Chronic violation of wastewater discharge limits, defined here as those in which sixty-six percent or more of the wastewater measurements taken during a six-month period exceed a numeric pretreatment standard or requirement, including instantaneous limits, for the same pollutant parameter by any amount;

Technical review criteria (TRC) violations defined here as those in which thirty-three percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirements, including instantaneous limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment standard or requirement as defined by Sections 13.20.050, 13.20.060, or 13.20.080 of this chapter that the director believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

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

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

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

Failure to accurately report noncompliance; or

Any other violation(s) which the director determines will adversely affect the operation or implementation of the local pretreatment program.

D.

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.

(Ord. No 779, § 1, 10-25-2016)

A.

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections and sampling activities shall be available to the public or other governmental agency without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user under applicable state law.

B.

Any request for confidentiality 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 to governmental agencies for uses related to this chapter, the NPDES permit, state waste discharge requirements, and/or the pretreatment program in enforcement proceedings involving the person furnishing the report.

C.

Wastewater constituents and characteristics, and other "effluent data" will not be recognized as confidential information and will be available to the public without restriction. Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a ten-day notification is given to the user, except for provisions contained herein.

(Ord. No 779, § 1, 10-25-2016)

A.

The city may suspend the wastewater treatment service or revoke a wastewater contribution permit when such suspension or revocation is necessary, in the opinion of the director, in order to stop an actual or threatened discharge which presents, or may present, an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the city to violate any condition of its NPDES permit. Industrial wastewater discharge permits shall be voidable upon

cessation of operations or transfer of business ownership. All industrial wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

B.

Any person notified of a suspension of the wastewater treatment service and/or revocation of a wastewater discharge permit shall immediately stop or eliminate the contribution.

C.

In the event of a failure of the person to comply voluntarily with the suspension order, the director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals.

D.

The director shall reinstate the wastewater discharge permit and/or the wastewater treatment service only upon proof of the elimination of the noncomplying discharge.

E.

A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the director within fifteen days of the date of the occurrence.

(Ord. No 779, § 1, 10-25-2016)

In addition to Section 13.20.280, any user who violates the following conditions of this section or applicable state and federal regulations is subject to having his permit revoked:

A.

Failure to notify the director of significant changes in operations or the wastewater constituents prior to discharge of the changed discharge;

B.

Failure to provide prior notification to the director of changed conditions pursuant to this chapter;

C.

Misrepresentation or failure to factually, accurately, and fully disclose all relevant facts characterizing wastewater constituents and the discharge in the wastewater discharge permit application;

D.

Falsifying self-monitoring reports and certification statements;

E.

Tampering with monitoring equipment;

F.

Refusing to allow timely access to the facility premises and records for the purpose of inspection or monitoring;

G.

Failure to meet effluent limitations;

H.

Failure to pay fines;

I.

Failure to pay 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; or

M.

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

(Ord. No 779, § 1, 10-25-2016)

It is unlawful for any user or person to violate any provision of this chapter, and the orders, rules, regulations and permits issued under this chapter. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.

(Ord. No 779, § 1, 10-25-2016)

Whenever the city director finds that any user has violated or continues to violate any provision of this chapter, wastewater discharge permit, order issued hereunder, any pretreatment standard, or requirement contained herein, the city director may serve upon such person a written notice stating the nature of the

violation. Within thirty days of the receipt of the notice of violation, a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the city by the user. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(Ord. No 779, § 1, 10-25-2016)

The director may enter into consent orders, assurances of voluntary 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 this chapter and shall be judicially enforceable. Use of a consent order shall not be a bar against, or prerequisite for, taking any other action against the user.

(Ord. No 779, § 1, 10-25-2016)

When the director finds that a user has violated or continues to violate any provision of this chapter, industrial wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement, the director may issue a compliance order. A compliance order issued to the user responsible for the discharge requires that the user come into compliance within a time specified in the order. If the user does not come into compliance within the time specified in the order, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. No 779, § 1, 10-25-2016)

When the director finds that a user has violated (or continues to violate) any provision of this chapter, industrial wastewater discharge permit, order issued hereunder, any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the director may issue an order to the user responsible for the discharge, requiring that the user 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 discharged 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. No 779, § 1, 10-25-2016)

A.

The city may order (via a notice) any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the city council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying:

The time and place of a hearing to be held by the city council regarding the violation;

The reasons why the action is to be taken;

The proposed enforcement action;

The reasons why the action is to be taken; and

That the user is ordered to show cause before the city council why the proposed enforcement action should not be taken, if this is in fact the plea of the affected user.

B.

The notice of the show cause hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any employee, agent, authorized representative of the user responsible for the violation, or officer of a corporation.

C.

Whether or not the user (or authorized representative) appears as ordered, the director may take immediate enforcement action following the noticed hearing date.

D.

A show cause hearing is not a prerequisite for taking other enforcement actions against the user. The issuance of a show cause notice does not prevent the director from pursuing emergency actions if the

director determines the actions are required to prevent pass through, other damage, or interference with the POTW.

E.

The city council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or any city employee (such as the engineer, city or director) to:

Issue in the name of the city council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

Take the evidence;

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the city council for action thereon.

F.

At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of public or any party to the hearing upon request and payment of the usual charges thereof.

G.

The user or its designated representative will be required to attend the show cause hearing if it is so ordered.

H.

After the city council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be disconnected unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders or directives as are necessary and appropriate may be issued.

(Ord. No 779, § 1, 10-25-2016)

If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, enforcement actions as appropriate will commence. Enforcement of the provision of this chapter, federal or state pretreatment requirements or any order of the city will include issuance of administrative fines, other judicial enforcement actions including seeking injunctive relief, civil penalties, and criminal

prosecution. The city attorney may commence an action for appropriate legal and/or equitable relief or may forward the information to county counsel or the district attorney for legal actions in the superior court of this county. Administrative fines are issued by the director (and his delegate) in accordance with the city's enforcement response plan. The court determines maximum civil and criminal penalties.

(Ord. No 779, § 1, 10-25-2016)

A.

Any user who is found to have violated an order of the city council or who has violated or continues to violate any provision of this chapter, wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, shall be fined not less than one hundred dollars nor more than three thousand dollars for each offense.

B.

Unpaid charges, fines, and penalties shall, after thirty calendar days, be assessed an additional penalty often percent of the unpaid balance, and interest shall accrue thereafter at a rate of five percent 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 director to reconsider the fine along with full payment of the fine amount within thirty days of being notified of the fine. Where a request has merit, the direct shall convene a hearing on the matter within thirty days of receiving the request from the user. In the event the user's appeal is successful, the payment, together within any interest accruing thereto, shall be returned to the user. The city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

D.

In addition to fines, the user will be responsible for any cost incurred by the city in correcting disruptions to the treatment processes directly or indirectly resulting from discharges made in violation of this chapter. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.

E.

The director may recover reasonable attorneys' fees, hearing costs, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. No 779, § 1, 10-25-2016)

The director may immediately suspend a user's discharge (after informal notice to the user) whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or

case an imminent or substantial endangerment to the health or welfare of persons. The 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 discharge. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving water (Wolf Creek), or endangerment to any individuals. The director shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless termination proceedings in this chapter are initiated against the user.

B.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the director prior to the date of any show cause or termination hearing under this chapter.

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

(Ord. No 779, § 1, 10-25-2016)

In addition to the provisions in Section 13.20.341 of this chapter, any user that violates the following conditions is subject to discharge termination:

A.

Violation of industrial wastewater discharge permit conditions;

B.

Failure to accurately report the wastewater constituents and characteristics of the user's discharge;

C.

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

D.

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

E.

Violation of the pretreatment standards in this chapter.

Such users will be notified of the proposed termination of sewer service and be offered an opportunity to show cause under this chapter why the proposed action should not be taken. Exercise of this option by the city shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. No 779, § 1, 10-25-2016)

Whenever a user has violated or continues to violate any provision of this chapter, an industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, City of Grass Valley Water Service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

(Ord. No 779, § 1, 10-25-2016)

The director may decline to issue or reissue a wastewater discharge permit to any user which has failed to comply with any provision of this chapter, a previous wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement unless such user first files a satisfactory bond, payable to the City of Grass Valley, in a sum not to exceed a value determined by director to be necessary to achieve consistent compliance.

(Ord. No 779, § 1, 10-25-2016)

The director may decline to issue or reissue an industrial wastewater discharge permit to any industrial user which has failed to comply with any provision of this chapter, a previous industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, unless the industrial user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

(Ord. No 779, § 1, 10-25-2016)

A violation of any provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, is hereby declared a public nuisance and shall be corrected or abated as deemed appropriate under law by the director. Any person(s) creating a public nuisance shall be subject to the provisions of applicable municipal code chapters governing such nuisances, including reimbursing the City of Grass Valley for any costs incurred in removing, abating, or remedying said nuisance.

(Ord. No 779, § 1, 10-25-2016)

Users, which have not achieved compliance with applicable pretreatment standards and requirements, are not eligible to receive a contractual award for the sale of goods or services to the City of Grass Valley. Existing contracts for the sale of goods or services to the City of Grass Valley held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the City of Grass Valley.

(Ord. No 779, § 1, 10-25-2016)

If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in the Nevada County Superior Court.

A.

Injunctive Relief. When the director finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement, the director may petition the Nevada County Superior Court though the city's 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 to the requirement imposed by this chapter on activities of the user. The city may also seek such other actions as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition of injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

B.

Civil Penalties.

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 shall be liable to the city for a minimum civil penalty of one thousand dollars and a maximum civil penalty of three thousand dollars per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

In addition to the penalties provided in this section, the city may recover the cost of any actual damages incurred by the city, reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations, and permits issued under the provisions of this chapter.

In determining the amount of civil liability, the superior court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and

duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other enforcement action against.

C.

Criminal Prosecution.

A user which has negligently violated any provision of this chapter, an industrial 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 of not more than three thousand dollars per violation, per day, and/or imprisonment for not more than the maximum amount prescribed by the California Penal Code for infractions and misdemeanors.

A user which has willfully or negligently introduced 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 penalty of at least three thousand dollars per violation, per day, and/or imprisonment for not more than the maximum amount prescribed by the California Penal Code for infractions and misdemeanors.

A user which has knowingly made 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 falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than three thousand dollars per violation, per day, and/or imprisonment for not more than the maximum amount prescribed by the California Penal Code for infractions and misdemeanors.

In the event of a second conviction, a user shall be punished by a fine of not more than six thousand dollars per violation, per day, and/or imprisonment for not more than the maximum amount prescribed by the California Penal Code for infractions and misdemeanors.

D.

Remedies Nonexclusive. The provisions in this chapter are not exclusive remedies. The city reserves the right to take any, all, or any combination of these enforcement actions against a noncompliant user. Enforcement in response to pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the city reserves the right to take other enforcement action against

any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.

(Ord. No 779, § 1, 10-25-2016)

Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter 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 of not more than one thousand dollars or by imprisonment for not more than six months, or by both.

(Ord. No 779, § 1, 10-25-2016)

A.

Upset.

For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with applicable pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

An upset shall constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards if the requirements of paragraph 3. of this section are met.

A users who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

a.

An upset occurred and the user can identify the cause(s) of the upset;

b.

The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and

c.

The user has submitted the following information to the POTW and treatment plant operator within twenty- four hours of becoming aware of the upset [if this information is provided orally, a written submission must be provided within five days]:

i.

A description of the indirect discharge and cause of noncompliance;

ii.

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

iii.

Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with applicable pretreatment standards.

Users shall control production of all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss, or failure of their treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

(Ord. No 779, § 1, 10-25-2016)

A.

For the purpose of this section:

Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility.

Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to be inoperable, or substantial and permanent loss of natural resources which can

reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

B.

A user may allow any bypass to occur which does not cause pretreatment standards to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Sections 13.20.365(C), (D) of this chapter.

C.

Bypass notifications.

If a user knows in advance of the need of a bypass, it shall submit prior notice to the director, at least ten days before the date of the bypass, if possible.

A user shall submit oral notice to the director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.

D.

Bypass.

Bypass is prohibited, and the director may take enforcement action against a user for a bypass unless:

a.

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

b.

There were no feasible alternatives to bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

c.

The user submitted notice as required under Section 13.20.365(C).

The director may approve an anticipated bypass after considering its adverse effects if the director determines that it will meet the three conditions listed in Section 13.20.365(D)(1)(a)—(c).

(Ord. No 779, § 1, 10-25-2016)

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. No 779, § 1, 10-25-2016)

All other chapters and parts of other chapters inconsistent or conflicting with any part of this chapter are hereby repealed to the extent of the inconsistency or conflict.

(Ord. No 779, § 1, 10-25-2016)