Hayward Municipal Code Ch. 2 Regulations (CA)

2.01 Prohibitions on Discharge. No person shall discharge to the City sewer system wastes which cause, threaten to cause, or are capable of causing, either alone or by interaction with other substances:

(a) A fire or explosion, including but not limited to discharges with a closed cup flashpoint of less than 140° F (60° C);

(b) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges;

(c) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW exceeds 40° C (104° F) unless the Approval Authority, upon request of the POTW, approves alternate temperature limits;

(d) obstruction of flow in a sewer system or injury of the system or damage to the wastewater collection, treatment, or disposal facilities;

(e) danger to life or safety of personnel;

(f) Any trucked or hauled pollutants, except at discharge points designated by the POTW;

(g) a nuisance or prevention of the effective maintenance or operation of the sewer system, through having a strong, unpleasant odor;

(h) air pollution by the release of toxic or malodorous gases or malodorous gas-producing substances;

(i) interference with the wastewater treatment process that causes the City's effluent or any other product of the treatment process, residues, sludges, or scums, to be unsuitable for recycling or reuse; or interference with the recycling process;

(j) a detrimental environmental impact or a nuisance in the waters of the state or a condition unacceptable to any public agency having regulatory jurisdiction over the City;

(k) discoloration or any other condition in the quality of the City's treatment works effluent in such a manner that receiving water quality requirements established by law cannot be met;

(l) conditions at or near the City's treatment works which violate any statute or any rule, regulation, or ordinance of any public agency or state or federal regulatory body;

(m) quantities or rates of flow which overload the City's collection or treatment facilities or cause excessive collection or treatment costs to the City, or may use a disproportionate share of the City facilities;

(n) the evolution of toxic gases, fumes, or vapors in quantities injurious to the health and safety of City personnel; or

(o) pass-through of the City's treatment works, causing a violation of any requirement of the POTW's NPDES permit;

2.02 Prohibitions on Storm Drainage and Ground Water. Storm water, ground water, rain water, street drainage, subsurface drainage or yard drainage shall not be discharged through direct or indirect connections to a City sewer unless approved by the City. The City may approve the discharge of such water only when no reasonable alternative method of disposal is available.

If a permit is granted for the discharge of such water into a City sewer, the user may be required to pay the applicable user charges and fees and meet such other conditions as required by the City.

2.03 Limitations on Unpolluted Water. Unpolluted water, including but not limited to cooling water, process water, or blow-down from cooling towers or evaporative coolers, may be discharged through direct or indirect connection to a City sewer. The City may, at its discretion, issue a permit for discharge directly to the City sewer upon written application by the user and payment of the applicable user charges and fees.

2.04 Limitations on Radioactive Wastes. No person shall discharge or cause to be discharged into a City sewer any radioactive waste except when:

(a) the person is authorized to use radioactive materials by the California Department of Public Health or other governmental agency empowered to regulate the use of radioactive materials; and

(b) the waste is discharged in strict conformity with the requirements of the United States Nuclear Regulatory Commission, the United States Department of Energy, and/or the California Radiation Control Regulations; and

2.05 Limitations on the Use of Garbage Grinders.

Waste from garbage grinders shall not be discharged into a City sewer except:

(a) Where the user has obtained approval from the City.

(b) Such grinders shall shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the City sewer. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, or garden refuse.

2.06 Limitations on Points of Discharge. No person shall discharge any substances into the City sewer system other than through an approved building sewer. The City may, at its discretion, issue a permit for discharge directly into a manhole or other opening in a City sewer upon written application by the user and payment of the applicable user charges and fees.

2.07 Holding Tank Waste.

(a) A user proposing to discharge holding tank waste into a City sewer shall secure a permit. Unless otherwise allowed by the City under the terms and conditions of the permit, a separate permit shall be secured for each separate discharge.

(b) Unless specifically accepted under the terms and conditions of the permit, no holding tank wastes from outside the City of Hayward's sewer service system shall be discharged.

(c) The permit shall state the specific location of discharge, the time of day the discharge is to occur, the volume of the discharge and the wastewater constituents and characteristics.

(d) The waste proposed to be discharged must be tested, and the results must be transmitted to the City for review. The discharge must be approved by the City before discharge takes place.

(e) If a permit is granted for discharge of holding tank waste into a City sewer, the user shall pay the applicable user charges and fees and shall meet such other conditions as required by the City.

2.08 Limitations on Wastewater Strength. All pretreatment limitations and prohibitions developed under federal requirements or specified in the City's Wastewater Discharge Regulations shall be deemed pretreatment standards for the purposes of section 307(d) of the Federal Water Pollution Control Act. Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471. Discharge standards established herein shall be revised as necessary to comply with federal requirements documented in the Code of Federal Regulations, Title 40, Part 403.

2.08.1 No person shall discharge wastewater containing in excess of the following daily maximum limits/City's local limits:

(Amended by Ordinance 93-22, adopted October 5, 1993)

1.0 mg/L arsenic 0.2 mg/L cadmium 2.0 mg/L copper 1.0 mg/L lead 0.01 mg/L mercury 1.0 mg/L nickel 0.5 mg/L silver 2.0 mg/L total chromium 3.0 mg/L zinc

2.08.2 No person shall discharge any wastewater in violation of the following instantaneous limits/City's local limits:

(Amended by Ordinance 97-06, adopted May 13, 1997 and Ordinance 93-22, adopted October 5, 1993)

(a) containing in excess of 0.6 mg/L cyanide;

(b) having a temperature higher than 150° F (65.5° C), or any thermal discharge which as a result of temperature and/or volume causes the influent of the wastewater treatment plant to exceed 104° F (40° C);

(c) containing more than 300 mg/L of oil or grease of animal or vegetable origin, unless a higher limit is established by permit when all of the following conditions are met:

(1) The oil and grease is discharged in an emulsified or other form which, in the opinion of the City, poses no threat to clogging of the wastewater collection system;

(2) The oil and grease, in the opinion of the City, poses no threat to the operation of the wastewater treatment plant; and

(3) The oil and grease, in the opinion of the City, is amenable to removal and treatment by the processes utilized by the wastewater treatment plant;

(d) containing more than 100 mg/L of oil or grease of mineral or petroleum origin;

(e) having a pH lower than 6.0, or otherwise causing corrosive structural damage to the POTW, equipment, or the City's collection system;

(f) containing in excess of 2.0 mg/L Total Toxic Organics (TTO), measured as the sum of:

Acenaphthene
Acrolein
Acrylonitrile
Benzene
Benzidine
Carbon tetrachloride (tetrachloromethane)
Chlorobenzene
1,2,4-trichlorobenzene
Hexachlorobenzene
1,2-dichloroethane
1,1,1-trichloroethane
Hexachloroethane
1,1-dichloroethane
1,1,2-trichloroethane
1,1,2,2-tetrachloroethane
Chloroethane
Bis (2-chloroethyl) ether
2-chloroethyl vinyl ether (mixed)
2-chloronaphthalene
2,4,6-trichlorophenol
Parachlorometa cresol
Chloroform (trichloromethane)
2-chlorophenol
1,2-dichlorobenzene
1,3-dichlorobenzene
1,4-dichlorobenzene
3,3 dichlorobenzidine
1,1-dichloroethylene
1,2-trans-dichloroethylene
2,4-dichlorophenol
1,2-dichloropropane
1,3-dichloropropylene (1,3-dichloropropene)
2,4-dimethylphenol
2,4-dinitrotoluene
2,6-dinitrotoluene
1,2-diphenylhydrazine
Ethylbenzene
Fluoranthene
4-chlorophenyl phenyl ether
4-bromophenyl phenyl ether
Bis (2-chloroisopropyl) ether
Bis (2-chloroethoxy) methane
Methylene chloride (dichloromethane)
Methyl chloride (chloromethane)
Methyl bromide (bromomethane)
Bromoform (tribromomethane)
Dichlorobromomethane
Chlorodibromomethane
Hexachlorobutadiene
Hexachlorocyclopentadiene
Isophorone
Naphthalene
Nitrobenzene
2-nitrophenol
4-nitrophenol
2,4-dinitrophenol
4,6-dinitro-o-cresol
N-nitrosodimethylamine
N-nitrosodiphenylamine
N-nitrosodi-n-propylamine
Pentachlorophenol
Bis (2-ethylhexyl) phthalate
Butyl benzyl phthalate
Di-n-butyl phthalate
Di-n-octyl phthalate
Diethyl phthalate
Dimethyl phthalate
1,2-benzanthracene (benzo(a)anthracene)
Benzo(a)pyrene (3,4-benzopyrene)
3,4-Benzofluoranthene (benzo(b)fluoranthene)
11,12-benzofluoranthene (benzo(k)fluoranthene)
Chrysene
Acenaphthylene
Anthracene
1,12-benzoperylene (benzo(ghi)perylene)
Fluorene
Phenanthrene
1,2,5,6-dibenzanthracene (dibenzo(a,h)anthracene)
Indeno (1,2,3-cd) pyrene (2,3-o-phenylene pyrene)
Pyrene
Tetrachloroethylene
Toluene
Trichloroethylene
Vinyl chloride (chloroethylene)

(g) containing in excess of 5.0 mg/L Phenol

(h) containing any trace of pesticides, poly-chlorinated biphenyls (PCBs) and dioxins (e.g., TCDD) as determined by EPA-approved analytical methodologies for these compounds:

Aldrin
Dieldrin
Chlordane (technical mixture and metabolites)
4,4-DDT
4,4-DDE(p,p-DDX)
4,4-DDD(p,p-TDE)
Alpha-endosulfan
Beta-endosulfan
Endosulfan sulfate
Endrin
Endrin aldehyde
Heptachlor
Heptachlor epoxide
(BHC-hexachlorocyclohexane)
Alpha-BHC
Beta-BHC
Gamma-BHC
Delta-BHC
(PCB-polychlorinated biphenyls)
PCB-1242 (Arochlor 1242)
PCB-1254 (Arochlor 1254)
PCB-1221 (Arochlor 1221)
PCB-1232 (Arochlor 1232)
PCB 1248 (Arochlor 1248)
PCB-1260 (Arochlor 1260)
PCB-1016 (Arochlor 1016)
Toxaphene
2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD)

For groundwater remediation permits only, the following special limits apply:

(i) containing in excess of 5.0 mg/L total petroleum hydrocarbons—gasoline or diesel

(j) containing in excess of 0.5 mg/L the sum of benzene, ethyl benzene, toluene, xylene.

2.08.3 Effluent limitations promulgated by the Federal Act shall apply in any instance where they are more stringent than those in these regulations. Under section 307(b) and (c) of the Act, federal pretreatment standards are designed to achieve two (2) purposes: (1) to protect the operation of POTWs, and (2) to prevent the discharge of pollutants which pass through POTWs inadequately treated. Users in industrial categories subject to effluent guidelines issued under section 304(b) of the Act which are discharging incompatible pollutants to POTWs are required to adopt best control technology currently available, as defined by the EPA administrator pursuant to section 304(b) of the Act.

2.08.4 The Manager or designated staff may develop BMPs, by ordinance or in individual wastewater discharge permits, to implement local limits and the requirements of Section 2.01. Such BMPs shall be considered local limits and pretreatment standards for the purposes of this Section and section 307(d) of the Act.

2.09 Prohibition on Slug Discharges. No user shall discharge any pollutant, including oxygen-demanding pollutants, at a flow rate and/or pollutant concentration which causes or threatens to cause interference with the wastewater treatment process. The City may require any user to develop a spill/slug control plan as described in Section 4.02(c)(10) of these regulations when, in the opinion of the City, a user has a demonstrated or reasonable potential to discharge in such a manner.

2.10 Use of Dilution Prohibited. No user shall increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with a pretreatment standard, requirement or discharge limitation.

2.11 Prohibition of Bypass.

(a) Bypass is prohibited and the City may take enforcement action against any user for bypass per 40 CFR Sec 403.17unless:

(1) bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(2) there were no feasible alternatives to the 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 backup 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

(3) the industrial user submitted notices as described in 40 CFR 403.17(c). If an Industrial User knows in advance of the need for a bypass, it shall submit prior notice to the City, if possible at least ten days before the date of the bypass. An Industrial User shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the City within 24 hours from the time the Industrial User becomes aware of the bypass.

2.12 Prohibition on Discharge of Process Solution Tanks. No user shall, without prior and explicit approval of the City, discharge the contents, in whole or part, of any process solution tank to the sewer system. For the purposes of this section, such materials include, but are not limited to, concentrated solutions utilized within any commercial or industrial operation, containerized liquids of any description whatsoever, spoiled or otherwise unusable raw materials of any description whatsoever, spoiled or otherwise unusable products of any description whatsoever.

2.13 Prohibition on Discharge of Petroleum or Mineral Oil Causing Pass-through or Interference. Notwithstanding the provisions of Section 2.08.2(d) no user may discharge petroleum oil, non-biodegradable cutting oil or other products of mineral origin in any amount that causes interference or pass-through.

2.14 Prohibition of the Discharge of Trucked or Hauled Wastes. The discharge of any trucked or otherwise hauled wastes to the sanitary sewer system is prohibited except as the City may permit under the provisions of Section 2.07.

2.15 Requirements for Dental facilities that Remove or Place Amalgam Fillings. This section shall be known and may be cited as the Dental Amalgam Recovery Program Ordinance of the City of Hayward.

2.15.1 Definitions. For the purposes of this section, the following definitions shall apply:

(a) Amalgam separator. A device that employs filtration, settlement, centrifugation, or ion exchange to remove amalgam and its metal constituents from a dental office vacuum system before it discharges to the sewer.

(b) Amalgam waste. Includes non-contact amalgam (amalgam scrap that has not been in contact with the patient); contact amalgam (including, but not limited to, extracted teeth containing amalgam); amalgam sludge captured by chairside traps, vacuum pump filters, screens, and other amalgam trapping devices; used amalgam capsules; and leaking or unusable amalgam capsules.

2.15.2 Best Management Practices. All owners and operators of dental facilities that remove or place amalgam fillings shall comply with the following waste management practices:

(a) Segregate amalgam containing waste. Amalgam waste must never be placed in the regular trash, placed with infectious (red bag) waste, or flushed down the drain or toilet.

(b) Eliminate all use of bulk elemental mercury (also referred to as liquid or raw mercury). Any bulk elemental mercury must be recycled or disposed of as hazardous waste.

(c) Use only pre-capsulated dental amalgam in the smallest appropriate size; keep a variety of amalgam capsules on hand to more closely match the amount needed in a restoration.

(d) Change or empty chair-side traps frequently and store the trap and its contents with amalgam waste. Never rinse traps in the sink. If you have reusable traps, make sure any material you use to clean the trap is disposed of with amalgam waste.

(e) Do not use sodium hypochlorite (bleach) and other chlorine-containing products to cleanse vacuum lines, as these products have been shown to release the mercury in the amalgam. Information on non-bleach line cleaners can be found at www.baywise.org.

(f) Change vacuum pump filters and screens as needed or as directed by the manufacturer. Seal and store filters and screen, as well as their contents (including any water that may be present), with amalgam waste in an airtight container.

(g) For dry vacuum turbine units, have a qualified maintenance technician, licensed amalgam recycler or hazardous waste disposal service pump out and clean the air-water separator tank at least once per six (6) months. Perform this service more frequently if necessary to maintain suction or if so directed by the vacuum system manufacturer.

(h) Have a licensed recycling contractor, mail-in service, or hazardous waste hauler remove your amalgam wastes. Recycling is the preferred method for disposal of amalgam wastes.

(i) Maintain written or computerized logs of amalgam waste generated, and of amalgam waste removed from the vacuum system or plumbing. In addition, obtain receipts or other certified documentation from your recycler or hazardous waste hauler of all amalgam waste recycling and disposal shipments. Keep these receipts on file for at least five (5) years, and make them available to authorized City inspectors upon request.

(j) Store amalgam waste in airtight containers. Follow recycler's or hauler's instructions for disinfection of waste and separation of contact and non-contact amalgam. Do not use disinfectant solutions with oxidizers, such as bleach, to disinfect the amalgam.

(k) Use a licensed hauler to transport spent x-ray fixer solution to be recycled or managed as hazardous waste. Never pour fixer solution down the drain.

(l) Train staff in the proper handling, management, and disposal of mercury-containing material and fixer solutions. Maintain a training log and keep this log for at least five (5) years. This log must be made available to authorized City inspectors upon request.

2.15.3 Amalgam Separator Requirements. All owners and operators of dental vacuum suction systems, except as set forth in subsection 2.15.4 of this section, shall comply with the following:

(a) An ISO 11143 certified amalgam separator device shall be installed for each dental vacuum suction system on or before January 1, 2011; provided, however, that all dental facilities that are newly constructed on and after the effective date of this ordinance shall include an installed ISO 11143 certified amalgam separator device capable of removing a minimum of ninety-five percent (95%) of amalgam. The amalgam separator system shall be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. Neither the separator device nor the related plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 test methodology, a non-certified separator will be accepted, provided that smaller units from the same manufacturer and of the same technology are ISO-certified. For facilities that have installed amalgam separators on or before the effective date of this Ordinance that are not ISO-certified, they may be grandfathered in if it can be shown that the existing device provides amalgam removal similar to an ISO-certified system. Alternative materials and methods may be proposed to the Manager for approval.

(b) Self- certification of Amalgam Separator Installation form issued by the City of Hayward shall be submitted to the Manager within thirty (30) days of installation.

(c) Amalgam separators shall be maintained in accordance with manufacturer recommendations. Installation, certification, and maintenance records shall be available for immediate inspection upon request by the Manager or a designee during normal business hours.

2.15.4 Exemptions. The following types of dental practice are exempt from this Section 2.15, provided that removal or placement of amalgam fillings occurs at the facility no more than 3 days per year:

(a) Orthodontics

(b) Periodontics

(d) Radiology

(e) Oral pathology or oral medicine

(f) Endodontics and prosthodontics