Hercules Municipal Code Art. 4 Administration

It shall be unlawful to discharge, without a permit from the City of Hercules, to any natural outlet within the City of Hercules, or in any are under the jurisdiction of the City, and/or to the POTW any wastewater except as authorized by the City Manager in accordance with the provisions of this Chapter.

(Ord. 201 § 4.1, 1985)

(a) General Permit. All significant users in industrial zone properties proposing to connect to or contribute to the POTW shall obtain a Wastewater Contribution Permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall obtain a Wastewater Contribution Permit within one hundred eighty (180) days after the effective date of this Chapter.

(b) Permit Application. Users required to obtain a Wastewater Contribution Permit shall complete and file with the City, an application in the form prescribed by the City, and accompanied by a fee of One Thousand Dollars ($1,000). Domestic and commercial dischargers which are suspected of not meeting Article 2 of this Chapter shall deposit the One Thousand Dollar ($1,000) fee which may be returned in full or in part if the required data provided by the discharger indicates that the domestic or commercial discharger meets Article 2 of this Chapter and is not a significant user.

All dischargers located in industrial-zoned land shall file a permit application regardless of any question of their discharge flow exceeding the requirements of Article 2 of this Chapter whether or not they are a significant user. All proposed new users, subject to this Chapter, shall apply for a Wastewater Contribution Permit at the time of making application for a Building Permit and/or Tenant Improvement Permit, whichever is sooner, provided, however, if a Use Permit is required, then the Wastewater Contribution Permit application shall be made at the time of application for the Use Permit. If no Building Permit, Tenant Improvement Permit or Use Permit is required, then application for Wastewater Contribution Permit shall be submitted no less than one hundred twenty (120) days prior to the intended date for connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

(1) Name, address, and location (if different from the address);

(2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

(3) Wastewater constituents and characteristics including but not limited to those mentioned in Article 2 of this Chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA;

(4) Average daily wastewater flow rates, including daily, monthly, and seasonal variations, and slug discharges, if any;

(5) Site plans showing all building sewers and appurtenances (manholes, distribution boxes, etc.);

(6) A brief description of activities, facilities, and plant processes on the premises including all materials that are or could be involved in discharges to the sewer,

(7) If additional pretreatment will be required to meet the pretreatment standards, then the applicant shall supply 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;

(8) Other information as deemed appropriate by the City Manager.

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);

(9) Submit report in compliance with EPA baseline monitoring reporting documents.

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

(c) Permit Conditions. Wastewater Contribution Permits shall be expressly subject to all provisions of this Article and all other applicable regulations, user charges, and fees established by the City. The permit may be modified at any time by the City Manager if the purpose and policy of this Article is not being met. Permits may contain the following:

(1) 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 maximum constituents and characteristics.

(3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

(4) Requirements for installation and maintenance of inspection and sampling facilities.

(5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedule.

(6) Compliance schedules.

(7) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, and affording City access thereto.

(8) 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.

(9) Requirements for notification of accidental slug discharges as per Section 5-5.208 of this Chapter.

(10) Other conditions as deemed appropriate by the City to ensure compliance with this Chapter.

(d) Permit Duration. Permits shall be issued for the specific time period, but in any case, shall be consistent with EPA requirements or Section 5-5.202(c)(10) of this Chapter. All permits may be issued for a period of less than a year or may be stated to expire on a specific date. The City Manager may elect to issue a permit for an indefinite period for those land uses within an industrial general area providing they are not significant users and discharge solely domestic waste. The user shall apply for permit reissuance a minimum of sixty (60) days prior to the expiration of the user's existing permit. The fee for reissuance of an existing permit where the discharge has not changed shall be Two Hundred Fifty Dollars ($250). If the discharge conditions change, a new permit application and One Thousand Dollar ($1,000) fee shall be required.

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 Article 2 of this Chapter are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty (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.

(e) Permit Transfer. 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 without the approval of the City. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

(f) Reporting Requirements for Permittee. Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the City Manager, a report indicating the nature and concentration of all pollutants and 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 operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified by a qualified professional.

Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the City Manager during the months of June and December, unless required more frequently in the pretreatment standard or by the City Manager, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. The City Manager may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate. Reporting requirements shall comply with EPA baseline monitoring requirements.

Additionally, the City may require users, other than those subject to pretreatment standards, to submit periodic self-monitoring reports on the discharge including measured flow rates and the results of a sampling and analysis program to demonstrate compliance with the prescribed industrial waste requirements. The samples shall be analyzed by an independent laboratory approved by the State of California Department of Health Services for such analysis as required. The cost of the report and any analysis required shall be borne by the permittee.

(Ord. 201 § 4.2, 1985; Ord. 256 Div. 2, 1987)

The City shall require to be provided 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. The monitoring facilities will normally consist of a monitoring manhole with a permanently installed flow meter and recording device. The flow meter shall be approved by the City. The facility will be designed to allow the periodic installation of a composite sampling device to collect samples for the self-monitoring reports. The City reserves the right to require the permanent installation of a sampling device.

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 parked vehicles.

Monitoring facilities may be required by the City Manager even though the discharger may not initially be a significant user or initially be in violation of Article 2 of this Chapter.

The minimum horizontal dimension shall be five feet (5') for manholes in excess of ten feet (10') and shall be four feet (4') for shallower manholes. There shall be ample room in or near such sampling manhole or facility to allow for sampling apparatus and continuous flow measurement in recording devices. 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. A 110V power source shall be located within six feet (6') of the facility. The user shall have any sampling apparatus and flow meter instruments calibrated at his own expense at least once every six (6) months, and full-flow calibrated once every three (3) years. This shall be done more frequently if required by the City Manager.

Whether constructed on public or private property, the sampling and monitoring facility shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed prior to any discharges.

In lieu of continuous measurement, non-significant users may propose the use of water meter readings as a measure of sewer discharge rates. The water meter will be read and recorded as required in the self-monitoring report, and will be used to determine sewer use fees. A monitoring manhole would still be required to allow for periodic wastewater sampling.

((Ord. 201 § 4.3, 1985; Ord. 256 Div. 3, 1987)

The City shall inspect the monitoring facilities of any user to ascertain whether the purpose of this Chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access to monitoring facilities at all reasonable times for the purposes of inspection, sampling, and records examination. The City, State, 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 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 guards so that upon presentation of suitable identification, personnel from the City, State, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

(Ord. 201 § 4.4, 1985)

Users shall provide necessary wastewater treatment as required to comply with this Chapter and shall achieve compliance with all applicable Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided in accordance with EPA accepted practice and shall be operated 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 acceptable to the City under the provisions of this Chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the user's initiation of the changes.

All records relating to compliance with Pretreatment Standards shall be made available to officials of the State or EPA upon request.

(Ord. 201 § 4.5, 1985)

Information and data on a user obtained from reports, questionnaires, permit applications, permits, and monitoring programs and from inspections 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.

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 upon written request to governmental agencies for uses related to this Chapter, the National Pollutant Discharge Elimination System (NPDES) Permit, State Disposal System permit and/or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

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 (10) day notification is given to the user.

(Ord. 201 § 4.6, 1985)