Hayward Municipal Code Ch. 4 Administration

4.01 Submission of Required Reports. The City may require that any person discharging or proposing to discharge wastewater to a City sewer file reports relating to that discharge or proposed discharge pursuant to 40 CFR 403.12. All required reports shall include the certification statements and signatory requirements described in Section 4.09 of these regulations. Required reports may include:

(a) Wastewater Discharge Report. Wastewater Discharge Reports may include, but not be limited to: nature of process, volume, flow rates, mass emission rate, production quantities, hours of operation, number of employees, and other information which relates to the generation of waste, including wastewater constituents and characteristics in the wastewater discharge. Such reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on site even though they may not normally be discharged. The City may require wastewater discharge information in the form of self-monitoring reports or periodic reports on continuing compliance. All monitoring results obtained pursuant to Section 1.03 of these regulations must be submitted to the City, regardless of whether the City required such monitoring.

The reports required in paragraph (a) of this section shall contain the results of sampling and analysis of the Discharge, including the flow and the nature and concentration, or production and mass where requested by the City, of pollutants contained therein which are limited by the applicable pretreatment standards. This sampling and analysis may be performed by the City in lieu of the Industrial User. Where the POTW performs the required sampling and analysis in lieu of the Industrial User, the user will not be required to submit the compliance certification required under Section 4.09(a). In addition, where the POTW itself collects all the information required for the report, including flow data, the Industrial User will not be required to submit the report.

The monitoring reports required in paragraph (a) of this section must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which are representative of conditions occurring during the reporting period. The City shall require the right frequency of monitoring necessary to assess and assure compliance by Industrial Users with applicable pretreatment standards and requirements. Grab samples must be used for pH, cyanide, phenol, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the City. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the Discharge and the decision to allow the alternative sampling must be documented in the Industrial User file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: For cyanide, phenol, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil & grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate.

(b) Monitoring Waiver. The City may authorize an Industrial User subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the Industrial User has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the Discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the Industrial User [see 40 CFR 403.12(e)(2)]. This authorization is subject to the following conditions:

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

(2) The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than 5 years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Section 4.02(c)(11).

(3) In making a demonstration that a pollutant is not present, the Industrial User must provide data from at least one (1) sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

(4) The request for a monitoring waiver must be signed in accordance with Section 1.02(b), and include the certification statement in 4.09(c) (40 CFR 403.6(a)(2)(ii)).

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

(6) Any grant of the monitoring waiver by the Manager must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the Manager for three (3) years after expiration of the waiver.

(7) Upon approval of the monitoring waiver and revision of the user's permit by the Manager, the Industrial User must certify on each report with the statement in Section 4.09(c) below, that there has been no increase in the pollutant in its wastestream due to activities of the Industrial User.

(8) In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately: Comply with the monitoring requirements of Section 4.01(a), or other more frequent monitoring requirements imposed by the Manager, and notify the Manager.

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

(c) Baseline Monitoring Report. Categorical industrial users are required to submit a baseline monitoring report (BMR) under the circumstances set forth below. This report shall identify the facility, indicate permits held, describe operations, and contain flow and pollutant measurements. The requirements for a BMR, found in 40CFR Chapter I, Subchapter N, Part 403.12(b) are hereby incorporated into these regulations. These requirements specify conditions, including timelines, for completion of a BMR. The report shall be reviewed by an authorized representative of the user, and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required.

Baseline monitoring reports are required under the following circumstances:

(1) At least ninety (90) days prior to commencement of discharge for new users; or

(2) For existing users, within one hundred eighty (180) days after the effective date of an applicable categorical standard.

For sampling required in support of baseline monitoring and 90-day compliance reports required in paragraph (c) of this section, a minimum of four (4) grab samples must be used for pH, cyanide, phenol, 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 City may authorize a lower minimum.

(d) Compliance Schedule for the Installation of Technology. The City may require a user to develop a compliance schedule for the installation of technology to meet applicable pretreatment standards or requirements. A compliance schedule for the installation of technology may be required even without violations, if the City determines one is necessary. Progress reports for the compliance schedule shall be considered a requirement.

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

(1) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation). No increment referred to above shall exceed nine (9) months.

(2) The user shall submit a progress report to the Manager no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine (9) months elapse between such progress reports to the Manager.

(e) Report on Compliance with Categorical Deadline. Each categorical user shall submit a report within ninety (90) days after the final date for compliance, or upon commencement of discharge, whichever comes later. The report shall contain flow and pollutant measurements, and a certification of whether pretreatment standards are being met consistently. If pretreatment standards are not being met consistently, a description of needed additional operations and maintenance or pretreatment shall be included. This certification shall be made by a qualified professional, and the report shall be reviewed by an authorized representative of the user.

(f) Notice of Violation/Resampling Report. If results from sampling by a user indicate a violation, the user shall notify the City within twenty-four (24) hours of confirming the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty (30) days after becoming aware of the violation.

Where the City has performed the sampling and analysis in lieu of the Industrial User, the City must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Resampling is not required if:

(1) The City performs sampling at the Industrial User at a frequency of at least once per month; or

(2) The City performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the Control Authority receives the results of this sampling.

(g) Slug Control Plan. The City will evaluate whether each Significant Industrial User needs a plan or other action to control Slug Discharges. For Industrial Users identified as significant prior to November 14, 2005, this evaluation must have been conducted at least once by October 14, 2006; additional Significant Industrial Users must be evaluated within one (1) year of being designated a Significant Industrial User. Significant Industrial Users are required to notify the POTW immediately of any changes at its facility affecting potential for a Slug Discharge. If the POTW decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:

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

(2) Description of stored chemicals;

(3) Procedures for immediately notifying the POTW of Slug Discharges, including any Discharge that would violate a prohibition under 2.01 with procedures for follow-up written notification within five (5) days;

(4) If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response;

4.02 Wastewater Discharge Permits.

(a) Mandatory Permits. All Significant Industrial Users proposing to connect or to discharge into a City sewer shall obtain a Wastewater Discharge Permit before connecting to or discharging into a City sewer. All existing Significant Industrial Users and unclassified users connected to or discharging into a City sewer who do not currently have a Wastewater Discharge Permit shall obtain such permit within 90 days of being notified by the City that a permit is required and shall comply with these regulations and any modifications made hereto within 90 days of their effective date.

(b) Permit Application. Users seeking a Wastewater Discharge Permit shall complete and file with the Manager an application in the form prescribed by the Manager and accompanied by the applicable fees. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:

(1) name, address, and SIC number of applicant;

(2) volume of wastewater to be discharged;

(3) wastewater constituents and characteristics including, but not limited to, those mentioned in Section 2.08 as determined by an Environmental Laboratory Accreditation Program (ELAP)-certified laboratory approved by the City;

(4) time and duration of discharge;

(5) average and thirty-minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any;

(6) site plans, floor plans, mechanical and plumbing plans, and details to show all sewers and appurtenances by size, location, and elevation;

(7) description of activities, facilities, and plant processes on the premises including all materials, processes, and types of materials which are or could be discharged;

(8) each product produced by type, amount, and rate of production;

(9) number and type of employees, and hours of work;

(10) slug control plan which outlines discharge practices (including non-routine batch discharges), describes stored hazardous chemicals and those with the potential to cause pollution, and contains procedures both to notify the City immediately of slug discharges and to prevent adverse impacts from any accidental spill;

(11) any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on Section 4.01(b) [40 CFR 403.12(e)(2)].

(12) any other information as may be deemed by the Manager to be necessary to evaluate the permit application.

The Manager will evaluate the data and information furnished by the user and may require additional information. After evaluation and acceptance of the data and information furnished, the Manager may issue a Wastewater Discharge Permit subject to terms and conditions provided herein.

(c) Permit Conditions. Wastewater Discharge Permits shall be expressly subject to all provisions of these regulations and all other regulations, user charges, and fees established by the City. The conditions of Wastewater Discharge Permits shall be uniformly enforced by the Manager in accordance with these regulations, and applicable state and federal regulations. Permits may contain the following:

(1) the unit charge or schedule of user charges and fees for the wastewater to be discharged to a City sewer;

(2) the average and maximum wastewater constituents and characteristics, including BMPs, based on applicable pretreatment standards;

(3) limits on rate and time of discharge or requirements for flow regulations and equalization;

(4) requirements for installation of inspection and sampling facilities;

(5) pretreatment requirements;

(6) specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests, and reporting schedule required by the POTW and in accordance with self-monitoring requirements in 403.8(f)(1)(iii)(B)(4);

(7) requirements for submission of technical reports or discharge reports, including, but not limited to the reports described in Section 4.01 of these regulations, or any report required by 40 CFR 403.12;

(8) requirements for maintaining plant records relating to wastewater discharge as specified by the City, and affording City access thereto;

(9) mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants (as defined by Section 1.02(x)) are proposed or present in the user's wastewater discharge;

(10) requirements to control Slug Discharge, if determined by the Manager to be necessary.

(11) the process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the Discharge in accordance with Section 4.01(b) and any granted monitoring waiver.

(12) other conditions as deemed appropriate by the City to ensure compliance with these regulations.

(d) Duration of Permits. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than one year or may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modification and change by the City during the life of the permit as limitations or requirements as identified in Section 2.08 are modified. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance if, in the City's opinion, the 30 days notice is not sufficient, except as changes apply to categorical industrial users (CIUs) subject to pretreatment standards for existing sources (PSES). CIUs subject to Pretreatment Standard for New Sources (PSNS) must achieve compliance upon discharge.

(e) Prohibition on Transfer of a Permit. Wastewater Discharge Permits are issued to a specific user for a specific operation. A Wastewater Discharge Permit shall not be reassigned, transferred, or sold to a new owner, new user, different premises, or a new or changed operation.

(f) Revocation of Permit. Any user who does any of the following or violates any conditions of these regulations, or applicable state and federal regulations is subject to permit revocation:

(1) failure of the user to factually report the wastewater constituents and characteristics of his or her discharge;

(2) failure of the user to report and obtain prior written approval for significant changes in operations, wastewater constituents or characteristics, or flow rates;

(3) refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or

(4) violations of conditions of the permit.

4.03 Monitoring Facilities. The City may require the user to construct at his or her own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems and may also require sampling or metering equipment to be provided, installed, and operated at the user's expense. 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 with the approval of the public agency having jurisdiction over that street or sidewalk, and located so that it will not be obstructed by landscaping or parked vehicles.

If the monitoring facility is inside the user's fence, there shall be accommodations to allow access for City personnel, such as a gate secured with a City lock. There shall be ample room in or near such sampling manhole to allow accurate sampling and compositing of samples for analysis. The manhole, 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 agency construction standards and specifications. Construction shall be completed within 90 days following written notification by the City unless a time extension is otherwise granted by the City.

4.04 Inspection and Sampling. The City may inspect the facilities of any user to verify compliance with these regulations. 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 or sampling or in the performance of any of their duties. The City shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. 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 their security personnel so that, upon presentation of suitable identification, personnel from the City will be permitted to enter without delay for the purposes of performing their specific responsibilities.

4.05 Pretreatment. Users shall make wastewater acceptable under the limitations established herein before discharging to any City sewer. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating 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 wastewater acceptable to the City under the provisions of these regulations. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City. In accordance with Public Works Policy Memo 5.11, the City may require installation of a grease control device when in the opinion of the City, such a device is necessary to prevent excessive discharge of oil and grease into the City sewer by the user.

4.06 Protection from Accidental Discharge. Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by these regulations. Such facilities shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection 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 provide the protection necessary to meet the requirements of this section.

4.07 Confidential Information. All information and data on a user obtained from reports, questionnaires, permit application, permits, and monitoring programs, and from inspections, shall be available to the public or other governmental agency without restriction unless the user specifically requests it not be and is able to demonstrate to the satisfaction of the City that the release of information would divulge information, processes, or methods which would be detrimental to the user's competitive position.

When requested by the person furnishing a report, 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 to the U.S. Environmental Protection Agency, the State Water Resources Control Board and the Regional Water Quality Control Boards, which are bound by the same confidentiality rules as the City. As outlined in 40 CFR Parts 403.8, and 403.14 and under section 308 of the Clean Water Act, all information contained in an Industrial User's file and/or submitted by an Industrial User will be available at all times to the U.S. Environmental Protection Agency.

Information accepted by the City as confidential shall not be transmitted to any person or entity unless the City is required to do so by law and upon notification to the user, except in emergency or extraordinary circumstances. The notification provision of this section shall not be construed to require the consent or approval of the user before such information is released.

Wastewater constituents and characteristics will not be recognized as confidential information.

The City shall not be liable in damages to any permit applicant or user for any negligent disclosure of any trade secret furnished to the City.

4.08 Special Agreements. Special agreements and arrangements between the City and any persons or agencies may be established when, in the opinion of the City, unusual or extraordinary circumstances compel special terms and conditions. Under no circumstances, however, will any special agreement or arrangement be established which contravenes any federal pretreatment regulation, categorical pretreatment standard, or any other provision of federal law.

4.09 Certification Statements

(a) Certification of Permit Applications, User Reports and Initial Monitoring Waiver—The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 4.02(b); users submitting baseline monitoring reports under Section 4.01(c); users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 4.01(e); users submitting periodic compliance reports required by Section 4.01(a) - (g), and users submitting an initial request to forego sampling of a pollutant on the basis of Section 4.01(b)(4). The following certification statement must be signed by an Authorized Representative as defined in Section 1.02(b):

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

(b) Annual Certification for Non-Significant Categorical Industrial Users. A facility determined to be a Non-Significant Categorical Industrial User by the Manager pursuant to Section 1.02(ww)(5) must annually submit the following certification statement signed in accordance with the signatory requirements in Section 1.02(b). This certification must accompany an alternative report required by the Manager:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR ____, I certify that, to the best of my knowledge and belief that during the period from __________, ________ to ________, ________ [months, days, year]:

(1) The facility described as ____________________ [facility name] met the definition of a Non-Significant Categorical Industrial User as described in1.02(ww)(5);

(2) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and

(3) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based on the following information.

________________________________________________

________________________________________________

(c) Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on Section 4.01(b) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user. The certification statement signed in accordance with the signatory requirements in Section 1.02(b).

Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR _______ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ______ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 4.01(a).

4.10 Retention of Records. Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with BMPs established under Section 2.08.4. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years, with the exception of Dental Amalgam-regulated facilities, where records have to be retained for five (5)years as listed in Section 2.15.2. This period shall be automatically extended for the duration of any litigation concerning the user, the City, the State Water Resources Control Board or their Regional Boards, or the EPA, or where the user has been specifically notified of a longer retention period by the Manager. All such records shall be made available for inspection and copying by a duly authorized representative of the City or any other governmental entity having jurisdiction.

4.11 Public Notification of Dischargers Found to be in Significant Non-Compliance. At an interval of not less than once per year, the City will publish the identities of any user(s) which is (are) found to be in significant non-compliance of any national pretreatment standard, discharge limitation or prohibition, or any other requirement of these regulations. The definition of significant non-compliance shall be as specified in 40 CFR 403.8(f)(2)(viii). The publication shall occur in a newspaper of general circulation that provides meaningful notice within the City.

4.12 Notification of Changed Conditions. Each user must notify the Manager of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change.

(a) The Manager may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 4.02(b) of this ordinance.

(b) The Manager may issue an individual wastewater discharge permit or modify an existing wastewater discharge permit under Section 4.02 of this ordinance in response to changed conditions or anticipated changed conditions.

4.13 Reports of Potential Problems.

(a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a need for a bypass, a Slug Discharge or Slug Load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the Manager 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 (5) days following such discharge, the user shall, unless waived by the Manager, 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 ordinance.

(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 paragraph (a), above. 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 Manager immediately of any changes at its facility affecting the potential for a Slug Discharge.

4.14 Notification of Hazardous Waste Discharge.

(a) Any industrial user discharging any substance which, if otherwise disposed of, would be a hazardous or acutely hazardous waste under 40 CFR 261, shall comply with the reporting requirements of 40 CFR 403.12(p)(1) and (3) unless exempted under the provisions of 40 CFR 403.12(p)(2).

(b) In the case of any notification made under paragraph (a) above, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical, pursuant to 40 CFR 403.12(p)(4). The City may accept a copy of a hazardous waste reduction or minimization plan as otherwise required by law.

4.15 Best Management Practices. The City may require submission of information to evaluate the implementation of and/or require the implementation of (BMPs) as described in Section 2.08.4.