Gustine Municipal Code Art. 4 Industrial Users

(a) Any industrial discharger whose discharge has been determined by the city to be unacceptable in accordance with this chapter or who disagrees with any other determination of the city may apply to the city council for a review in accordance with this chapter.

(b) Within 30 days of the notice of determination or order issued under this chapter, the discharger may:

(1) Comply with the conditions of the determination or order; or

(2) File with the city council an appeal of the determination or order, and request a public hearing.

(c) Within 30 days of the request for a public hearing, the city council shall give notice to the discharger of the time and place for the hearing, at least ten days before the date set for the hearing. At the hearing, the discharger may appear personally or through counsel, cross examine witnesses, and present evidence in his own behalf. The city council shall confirm or revoke the determination or order, following presentation of all evidence.

(Code 1966, § 6-3.501)

(a) Any person whose proposed discharge has been determined by the city manager to be unacceptable for discharge to the public sewer according to the provisions of this section may apply to the city for permission to pretreat the discharge. The acceptability of all pretreatment systems or devices shall be determined by the city. No pretreatment method or device shall be installed or modified without the prior approval of the city.

(b) In case pretreatment is required, the application for industrial waste connection permit shall include plans that indicate the method of collection and pretreatment proposed. A permit shall not be issued until such plans have been reviewed and approved by the city manager.

(c) Approval of a pretreatment method shall not relieve the discharger of the responsibility for complying with discharge standards as contained in the industrial waste connection permit. All costs associated with acquisition, installation, operation, maintenance, and repair of pretreatment facilities shall be borne by the discharger. In addition, any extraordinary administrative or investigative expenses incurred by the city as the result of the installation of use of pretreatment facilities shall be charged to the discharger.

(Code 1966, § 6-3.307(a))

(a) Periodic measurement of flow rates, flow volumes, BOD, suspended solids and such other wastewater characteristics as deemed appropriate may be required as a condition of the industrial waste connection permit. All sampling and flow measurement of industrial waste shall be performed by the city. All analysis of industrial waste shall be performed by a state-certified independent laboratory approved by the city manager. All sampling and analysis shall be performed according to appropriate procedures contained in "Standard Methods," or approved by the city manager.

(b) If the request is denied, the city will require the discharger to reduce the quantity and/or strength of its discharge to the limits prescribed in this section. Noncompliance with this requirement may result in the imposition of additional charges by the city as described in section 11-4-124.

(Code 1966, § 6-3.307(b))

For the purpose of defraying the costs of the industrial user pretreatment program, the following additional fees shall be assessed of industrial users:

(1) Fees for monitoring, inspection and surveillance of the industrial discharge shall be negotiated at the time an industrial discharge permit is issued, based on the quantity and characteristics of the discharge.

(2) An industrial waste connection permit application fee in the amount established by resolution.

(3) A charge based on actual costs will be assessed to every applicant for sewerage discharge when the city finds that the proposed discharge requires special studies or the use of consultant services to evaluate issues including, but not limited to: adequacy of the wastewater treatment facility to accept the proposed discharge; the need for, or adequacy of, pretreatment systems; appropriateness of connection fees and capacity fees; and environmental studies. These charges shall not be deemed a part of the sewer connection fee and shall be paid prior to the commencement of any study.

If special studies or consultant services are required, the city shall select the persons by whom the studies or other services will be performed and shall enter into agreements as may be necessary to bring the studies or services to completion.

(Code 1966, § 6-3.218)

(a) A surcharge of 300 percent of the monthly capacity or loading charge for the amount in excess of the discharge limit will be assessed. Separate surcharges will be assessed for each violated parameter (flow, BOD, suspended solids) and for each occurrence of violation.

(b) Surcharge fees are additive to the normal capacity and loading charges which are calculated based on the formulae prescribed by city council resolution.

(c) If an industrial discharger exceeds prescribed discharge limits for the same parameter for two months or more in successive calendar years, such discharger must submit a revised application for industrial waste connection permit requesting revised discharge limits. The city, at its sole discretion, may either approve or disapprove the request for revision of discharge limits.

(d) If the request is approved, the discharger may purchase additional capacity through payment of a fee established by the city.

(Code 1966, § 6-3.309)

No person shall discharge any industrial waste to sewage facilities of the city without an industrial waste connection permit.

(Code 1966, § 6-3.306(a))

(a) Applicants for a permit shall complete an application form available at the office of the city manager. The completed application form, supplementary information, and an application fee must be submitted to the office of the city manager at least 90 days prior to the intended date of initiating discharge for new dischargers. Existing industrial dischargers shall submit a completed application form to the office of the city manager within 60 days of the effective date of the ordinance codified in this section.

(b) Within 30 days of receipt of the completed application, the city manager shall, at his discretion, approve the permit application; approve the permit application with modifications; disapprove the permit application; or notify the applicant that additional information is needed. The city manager may request such information as he deems appropriate in addition to that requested on the permit application form. No application shall be considered complete unless the application fee is included.

(c) If the application is approved, the city manager shall sign and date the application form on the appropriate line. A copy of the approved application form, along with any modifications or conditions, shall be returned to the applicant. The approved and signed application form with modifications and conditions shall serve as the industrial waste connection permit until the expiration date shown on the form.

(d) An industrial waste connection permit shall be issued by the city manager to any discharger or proposed discharger of industrial wastewater who:

(1) Files an application for industrial waste connection permit as described in this chapter;

(2) Agrees to comply with this and all other city ordinances relating to sewerage facilities use and charges; and

(3) Demonstrates to the satisfaction of the city manager that the discharge will not interfere with the safe operation of the public sewer, cause upset of the treatment process, cause the city to violate its NPDES permit, or interfere with reclamation of the treated wastewater effluent or wastewater sludge.

(Code 1966, § 6-3.306(a), (i))

An industrial waste connection permit shall specify the discharger, the discharge location, the expiration date of the permit and the allowable quantity and quality of industrial waste to be discharged to the public sewer. The permit also may require pretreatment of the industrial waste prior to discharge, restriction of peak flow discharges, restriction of waste discharge to certain hours of the day or to certain months during the year, relocation of point of discharge, payment of additional charges to defray increased costs to the city occasioned by the waste discharge, and such other conditions as may be deemed necessary to effectuate the purpose of this chapter.

(Code 1966, § 6-3.306(b))

No person shall discharge industrial waste in violation of the terms and conditions set by the permit. Any discharger desiring to change the nature of the discharge or alter the pretreatment process after a permit has been issued shall obtain a new permit for the altered discharge before making the change.

(Code 1966, § 6-3.306(c))

(a) Permits are not transferable from one location to another and all discharge of wastes shall be made strictly in accordance with all provisions contained in the permit, and at the location designated by the city in the permit.

(b) The city shall transfer a valid permit to the successor in title or interest of the premises for which the permit was granted if such successor files with the city a written application signed by the successor, agreeing to comply with all conditions of the permit, giving the mailing address of the successor, and such evidence of the transfer or title or interest as the city may require.

(Code 1966, § 6-3.306(d))

The city may change the conditions or restriction of a permit as conditions require or changes in federal or state statutes or regulations dictate. The city shall specify a reasonable period of time to comply with any changes in the permit required by the city. Dischargers shall comply with changes dictated by federal or state statutes or regulations according to any time limits established by the statute or regulation.

(Code 1966, § 6-3.306(g))

The industrial waste connection permit shall be valid for a period not to exceed five years from the date of issuance. Ninety days prior to the expiration date of the permit, the discharger should apply for renewal of the permit or a new permit. The city manager shall review the application, and, at his discretion, renew the old permit, issue a new permit, or deny the application.

(Code 1966, § 6-3.306(h))

(a) The city manager may suspend a permit for a period not to exceed 45 days when such suspension is necessary to stop discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment, or to the public sewer. Any discharger notified of suspension of his permit shall immediately cease and desist the discharge. If the discharger fails to comply voluntarily with the suspension order, the city manager shall take such steps as are reasonably necessary to ensure compliance.

(b) The council may revoke a permit upon a finding that a discharger has violated any provisions of this chapter or any terms and conditions of the permit. No revocation shall be ordered until a hearing has been held by the council. At the hearing, the discharger may appear personally or through counsel, cross examine witnesses, and present evidence on his own behalf. Notice of the hearing, and a description of the issues to be considered, shall be given to the discharger at least ten days prior to the date of the hearing.

(c) Any discharger whose permit has been revoked shall immediately stop all discharges of liquid-carried wastes covered by the permit. The city manager may disconnect or permanently block from the public sewers any discharge whose permit has been revoked if such action is necessary to ensure compliance with the order of revocation. Before any further discharge of industrial waste may be made by the discharger, he must apply for a new permit, pay all charges that would be required upon initial application, and pay all delinquent fees, charges, and penalties he may owe to the city. Costs incurred to the city in revoking the permit and disconnecting the city sewer shall be paid by the discharger before a new permit is issued.

(Code 1966, § 6-3.306(e), (f))