Hercules Municipal Code Art. 2 Regulations

No industrial, commercial, or domestic user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state, or local pretreatment standards or requirements.

A user may not contribute the following substances to any POTW:

(a) 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 cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. 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, (5%) nor any single reading over ten percent (10%) 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.

(b) 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 (72") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or 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, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.

(c) 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.

(d) 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.

(e) Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges, or scums, 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.

(f) Any substance which will cause the POTW to violate its NPDES and/or State Disposal System Permit or the receiving water quality standards.

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

(h) Any wastewater having a temperature which will inhibit biological activity or exceeds 150° F at the point of entry into the POTW.

(i) 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. In no case shall a slug load have a flow rate or contain concentration or quantities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour flow, concentration, or quantities during normal operation.

(j) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by applicable State or Federal regulations.

(k) Any wastewater which causes a hazard to human life or creates a public nuisance or damage to the POTW.

(l) Any rainwater, storm water, ground water, swimming pool backwash, street drainage, subsurface drainage, roof drainage, yard drainage, water from yard fountains, ponds or lawn sprays or any other uncontaminated water.

If approval is granted for the discharge of such water into the sewer system, the user shall pay the applicable wastewater service charges and fees and meet such other conditions that may be required by the City.

(m) Any diluting waters added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations.

(n) Prohibition on holding tank wastes. Liquid wastes that have been collected and held in tanks or containers shall not be discharged into the city sewer system. Wastes of this category include but are not limited to:

(1) Septic tank pumpings;

(2) Chemical toilet wastes;

(3) Trailer, camper, housecar, or other recreation vehicle wastes;

(4) Pleasure boat washes;

(5) Waste collected in containers or tanks for off-site disposal.

When the City Manager determines that any user (industrial, commercial, or residential) is contributing to the POTW any of the above enumerated substances in such amounts as to interfere with the operation of the POTW, the City Manager shall: (1) advise the user of the impact of the contribution on the POTW; and (2) develop effluent limitations for such user to correct the interference with the POTW.

(Ord. 201 § 2.1, 1985)

Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal 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 City Manager shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12.

(Ord. 201 § 2.2, 1985)

Where the City's wastewater treatment system achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the City may apply to the Regional Water Quality Control Board for modification of specific limits in the Federal Pretreatment Standards. Samples shall be taken in accordance with the following:

(a) Influent and effluent operational data shall be representative of yearly and seasonal conditions to which the POTW is subjected for each pollutant for which a discharge limit revision is proposed.

(b) The data shall be representative of the quality and quantity of normal effluent and influent flow of the system;

(c) The data shall be obtained through a composite sample taken on each of three (3) consecutive days during each season. Each composite sample will contain a minimum of twelve (12) discrete samples taken at equal time intervals over the twenty-four (24) hour period and proportional to the flow. More than the minimum number of discrete samples may be required where necessary to determine consistent removal;

(d) Where a composite sample is not an appropriate sampling technique, a grab sample may be taken. Grab samples will be required, for example, where the parameters being evaluated are those, such as cyanide and phenol, which may not be held for any extended period because of biological, chemical, or physical interactions which take place after sample collection and affect the results. A grab sample is an individual sample collected over a period of time not exceeding fifteen (15) minutes. Once prior approval is obtained from the Regional Water Quality Control Board, the City may then modify the pollutant discharge limits in the Federal Pretreatment Standards if the requirements contained in 40 CFR, Part 403, Section 403.7, are fulfilled and prior approval from the approval authority is obtained.

(Ord. 201 § 2.3, 1985)

(a) Table 5-5.204 represents the "Average Concentration" and "Mass Discharge Limitation for Aggregate Discharges" as allowed.

(b) Any water or waste which contains more than 100 parts per million (ppm), by weight, of oil or grease of petroleum origin; which contains more than 300 ppm, by weight, of fat, oil, or grease of animal or vegetable origin; or which contains grease or oil or other substances that will solidify or become discernible viscous at temperatures between 32° F to 104° F.

(c) Having a pH lower than 6.0 or greater than 9.0 or wastewater having any corrosive property capable of causing damage or hazard to the POTW or City personnel.

(d) Effluent limitations promulgated by the Federal Act shall apply in any instance where they are more stringent than those in this chapter. The limitations on wastewater strength in this chapter may be supplemented with more stringent limitations under the following circumstances:

(1) If the City Manager determines that the limitations in any section of this chapter may not be sufficient to protect the operation of the City's or Pinole's sewerage system; or to comply with the POTW's NPDES permit;

(2) If the City Manager determines that the limitations in subsection (b) or (c) of this section may not be sufficient to enable the City's Water Pollution Control Plant to comply with water quality standards or effluent limitations specified in the City's NPDES permit.

(e) Any discharge which exceeds twenty percent (20%) of the mass discharge limitations listed in Table 5-5.204.

Should the POTW's current flows exceed these mass flow quantities for any toxicant, then the City Manager may decrease the allowable concentration for that respective toxicant to any prospective user. Conversely, if the POTW's flows are less than the mass flow quantities for any toxicant, then the City Manager may increase the allowable concentration for the respective toxicant to any prospective user.

The increase in allowable concentration may take the form of a "bubble concept" permit whereby several dischargers or discharge points are considered for their aggregate concentration of constituents. Individual dischargers would be permitted to exceed the allowable concentration (see Table 5-5.204) as long as the sum concentration for the group does not exceed allowable levels.

TABLE 5-5.204

(Ord. 201 § 2.4, 1985)

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. 201 § 2.5, 1985)

The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in Section 5-5.101 of this Chapter.

(Ord. 201 § 2.6, 1985)

No user shall ever 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.

(Ord. 201 § 2.7, 1985)

Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Chapter. Facilities to prevent accidental discharge of prohibited materials shall be consistent with EPA practice, and shall be provided and maintained at the owner's or user's own cost and expense. 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. No user who commences contribution to the POTW after the effective date of the ordinance codified in this Chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter. 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 (5) days following an accidental discharge, the user shall submit to the City Manager 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, groundwater, 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 article 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 insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

(Ord. 201 § 2.8, 1985)