Lompoc Municipal Code Art. II Wastewater Discharge Permits

In accordance with this Article, individual or general permits for the use of the City's sewerage system shall be required of Class I users. Class II users, temporary users, and any other user discharging into, or proposing to discharge into, a City sewer shall obtain individual or general permits as required by Director based upon the need to achieve the objectives set forth in Section 13.16.020 and to protect the public health and safety. Applications for permits under this Section shall be submitted by all Class I and potential Class I users, and, for all other users, as required by the Director. The Director may deny any application for a wastewater discharge permit. The Director may deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by users.

(Prior code § 3347; Ord. 1740(25), 12/16/2025)

A. Applications. Any user required to obtain an individual or general wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for wastewater discharge permit must be filed at least 90 days prior to the date upon which any discharge will begin or recommence. Wastewater discharge permit applications shall be submitted in the form prescribed by the City. Appropriate permit applications shall be completed and filed with the Director, accompanied by all applicable fees.

1. Application Information. The applicant may be required to submit the following information:

a. Identifying Information.

i. Name and address of facility;

ii. SIC code number(s);

iii. Names of all owner(s) and operator(s); and

iv. Contact information.

b. Operation Description.

i. Description of facilities, activities, and plant processes, including all materials which are or could be discharged;

ii. Type and amount of raw materials processed (average and maximum per day);

iii. Each product produced by type, amount, and rate of production;

iv. Number and type of employees, and hours of operation of plant (including proposed or actual hours of operation of pretreatment system);

v. Site plans, floor plans, mechanical plans, and plumbing plans, including details to show all sewers, sewer connections, and appurtenances described by size, location, and elevation.

c. Discharge Description.

i. Wastewater pollutants and characteristics as required by the Director, and determined in accordance with Section 13.16.100 of this Chapter;

ii. Average daily and maximum wastewater flow rates, including daily, monthly, and seasonal variations, if any. The user shall provide flow rate data for each regulated process streams and other streams, as necessary, to allow for calculation of applicable effluent limits, as necessary.

d. Control Permits List any environmental control permits held by or for the facility, including, as applicable:

i. EPA hazardous waste facility identification number;

ii. EPA hazardous waste number(s).

e. Signature and Certification. A statement and signature in accordance with Section 13.16.170.E, by an authorized representative of the user, indicating whether applicable pretreatment standards and pretreatment requirements are met on a consistent basis, and, if not, whether additional O&M and/or additional pretreatment are required to meet applicable regulations, standards, and limitations.

f. Compliance Schedules. If additional pretreatment and/or O&M will be required to meet applicable regulations, standards and limitations, include the shortest schedule by which the user will achieve compliance. In the case of NPS, the completion date in this schedule shall be not later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to compliance schedules progress reports:

i. The schedule shall contain specific 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 standards.

ii. No increment of progress in the compliance schedule shall exceed nine months.

iii. The user shall submit a progress report to the Director no later than 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 months elapse between such progress reports to the Director.

iv. In no case shall the final compliance date exceed three years from the date of permit issuance.

v. Detailed descriptions of facilities/procedures to be constructed/implemented in order to achieve compliance shall be provided.

g. Measurement Requirements.

i. Flow Measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gal/d, to the City from any regulated process streams. Verifiable estimates of these flows will be acceptable upon approval of the Director.

ii. Measurement of Pollutants.

(A) The user shall identify the pretreatment standards applicable to each regulated process.

(B) The user shall submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration shall be reported. The sample shall be representative of daily operations; sampling will be in accordance with Section 13.16.100 of this Chapter.

(1) The user shall take a minimum of one representative sample to compile those data necessary to comply with the requirements of this Section.

(2) Samples should be taken immediately downstream from pretreatment facilities, if such exist, or immediately downstream from the regulated process, if no pretreatment exists.

(C) The Director may allow submission of a permit application which utilizes only historical data, so long as the data provides information sufficient to determine the need for industrial pretreatment measures; this report shall include, at a minimum:

(1) The time, date, and place of sampling;

(2) Methods of analysis; and

(3) User certification that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

iii. Certification. Certification shall follow the guidelines in Subsection A.1.e of this Section.

h. 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 13.16.170.D.

i. Any other information required by the Director to evaluate the application.

2. General Permits.

a. At the discretion of the Director, the Director may use general permits to control user (including SIU) discharges to the POTW if the following conditions are met. All facilities to be covered by a general permit must:

i. Involve the same or substantially similar types of operations;

ii. Discharge the same types of wastes;

iii. Require the same effluent limitations;

iv. Require the same or similar monitoring; and

v. In the opinion of the Director, are more appropriately controlled under a general permit than under individual wastewater discharge permits.

b. To be covered by the general permit, the user must file a written request for coverage that identifies contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, any requests in accordance with Section 13.16.170.D below for a monitoring waiver for a pollutant neither present nor expected to be present in the Discharge, and any other information the POTW deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the Director has provided written notice to the user that such a waiver request has been granted in accordance with Section 13.16.170.D below.

c. The Director will retain a copy of the general permit, documentation to support the POTW's determination that a specific user meets the criteria in Section 13.16.170.A.2.a and applicable State regulations, and a copy of the user's written request for coverage for at least three years after the expiration of the general permit.

d. The Director may not control an SIU through a general permit where the facility is subject to production-based categorical pretreatment standards or categorical pretreatment standards expressed as mass of pollutant discharged per day or for users whose limits are based on the combined wastestream formula (see 40 CFR 403.6(e)) or net/gross calculations (see 40 CFR 403.15).

3. Permit Issuance.

a. The Director shall evaluate the data furnished by the user and may require additional information. Upon review and acceptance of the application, the City may issue a wastewater discharge permit subject to the terms and conditions provided therein.

b. All users subject to Categorical Pretreatment Standards shall provide baseline monitoring report information listed in Subsection A.1.a through i of this Section, as required by the Director, at least 90 days prior to commencement of discharge. All other users shall submit permit applications as required by the Director, by the date specified by the Director.

B. Reports on Compliance with Categorical Pretreatment Standard Deadline. Within 90 days following the date for final compliance with applicable categorical 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 a report containing the baseline monitoring report as required at Section 13.16.170.A.3.b. For all users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 13.16.170.E. All sampling will be done in conformance with Section 13.16.100.

C. Periodic Compliance Reports. All SIUs must, at a frequency determined by the Director, submit no less than twice per year (by dates specified) reports indicating the nature, concentration of pollutants in the discharge, which are limited by pretreatment standards, and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Director or the pretreatment standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with Subsection E.1, below.

D. Authorization of a Monitoring Waiver. The City may authorize a user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the 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 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 wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent wastewater discharge permit.

3. In making a demonstration that a pollutant is not present, the user must provide data from at least one 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 13.16.170.E.3, and include the certification statement in Section 13.16.170.E.5.

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

6. Any grant of the monitoring waiver by the Director 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 Director for at least three years after expiration of the waiver.

7. Upon approval of the monitoring waiver and revision of the user's permit by the Director, the user must certify on each report with the statement in Section 13.16.170.E.5, below, that there has been no increase in the pollutant in its wastestream due to activities of the 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, then the user must immediately: Comply with the monitoring requirements of Section 13.16.170.D, or other more frequent monitoring requirements imposed by the Director, and notify the Director.

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

E. Signatories and Certifications.

1. All wastewater discharge permit applications, user reports, and certification statements must be signed by an authorized representative of the user and contain the applicable certification statement in this section specified below.

2. If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, then a new written authorization satisfying the requirements of this must be submitted to the Director prior to, or together with, any reports to be signed by an authorized representative.

3. 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; users submitting baseline reports; users submitting reports on compliance with the categorical pretreatment standard deadlines; users submitting periodic compliance reports; and users submitting an initial request to forego sampling of a pollutant on the basis of Subsection D, above. The following certification statement must be signed by an Authorized Representative as defined in Section 13.16.030.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 fines and imprisonment for knowing violations.

4. A facility determined to be a Non-Significant Categorical Industrial User by the Director pursuant to Section 13.16.030.B must annually submit the following certification statement signed in accordance with the signatory requirements in Section 13.16.170.E.1. That certification must accompany an alternative report required by the Director:

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]:

a. The facility described as __________ [facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 13.16.030.B;

b. The facility complied with all applicable pretreatment standards and requirements during this reporting period; and

c. 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.

__________

__________

5. Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on Section 13.16.170.D 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:

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 13.16.170.C.

F. Recordkeeping. Users subject to the permit application and reporting requirements of this Chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with Best Management Practices established under Section 13.16.340.C. 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. Those records shall remain available for a period of at least three years. That time period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Director.

G. Fees. See Section 13.16.410.

(Prior code § 3348; Ord. 1740(25), 12/16/2025)

Wastewater discharge permits are subject to all provisions of this Chapter and all other applicable regulations, standards, and limitations. Any wastewater discharge permit, including a general wastewater discharge permit, shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. In addition, permits may contain the following conditions:

A. A statement indicating the wastewater discharge permit issuance date, expiration date, and effective date;

B. A statement that the wastewater discharge permit is nontransferable without prior notification to the City and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

C. Effluent limits, including best management practices, based on applicable pretreatment standards;

D. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. Those requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law. Those requirements can include submission of data needed to support documentation of required monitoring practices, including chain-of-custody documentation;

E. 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 13.16.170.D;

F. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law;

G. Requirements to control slug discharges, if determined by the Director to be necessary;

H. Any grant of the monitoring waiver by the Director (Section 13.16.170.D) must be included as a condition in the user's permit;

I. Limits on average and maximum wastewater pollutant concentrations and mass emission rates;

J. Limits on rate and time of discharge and/or requirements for flow equalization;

K. Requirements for the installation and maintenance of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

L. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

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

N. Requirements for notification to the City of any new introduction of wastewater pollutants or any significant change in the volume or character of the wastewater pollutants discharged to the wastewater system, or any discharge that could cause problems to the POTW and its treatment works;

O. Requirements for notification of accidental discharge in accordance with Section 13.16.380;

P. Requirements for the notification, in writing, of any waste discharge to the POTW that would be considered hazardous (if disposed of by any other means) according to 40 CFR Part 261;

Q. Requirements for development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent and or control accidental, unanticipated, or nonroutine discharges, including slug discharges;

R. Closure Procedures. Requirements for notification, in writing, to the Wastewater Division, City of Lompoc, when selling, going out of business, or requesting or necessitating closure of a wastewater discharge permit. Notification must be made at least 30 days prior to closure. Written notification must include, but is not limited to:

1. Disposal procedures of equipment, raw materials, products, etc., covered by the permit;

2. Name, address, and telephone number of person purchasing or taking over management of the property (either equipment or real property) covered by the permit; and

3. Date of proposed and/or actual closure.

S. Other terms and conditions as deemed appropriate by the Director to ensure compliance with this Chapter.

(Prior code § 3349; Ord. 1740(25), 12/16/2025)

The terms and conditions of wastewater discharge permits may be modified for good cause, including, but not limited to the following reasons:

A. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;

B. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the wastewater discharge permit issuance;

C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

D. Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel, beneficial sludge use, or the receiving waters;

E. Violation of any terms or conditions of the wastewater discharge permit;

F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

G. Revision of, or a grant of variance from, categorical pretreatment standards pursuant to 40 CFR 403.13; or

H. To correct typographical or other errors in the wastewater discharge permit.

(Prior code § 3350; Ord. 1740(25), 12/16/2025)

Wastewater discharge permits are issued to a specific user for a specific operation and shall not be reassigned, transferred, or sold.

(Prior code § 3351; Ord. 1740(25), 12/16/2025)

Permits shall be issued for a specific time period, not to exceed five years. A permit may be issued for a period less than five years, and shall contain a specific expiration date. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration date of the user's existing permit.

(Prior code § 3352; Ord. 1740(25), 12/16/2025)

The issuance of a permit does not waive, modify, or otherwise relieve the user of limitations, restrictions, or conditions imposed by Federal, State, or local requirements, or any other regulatory agency or City department.

(Prior code § 3353; Ord. 1740(25), 12/16/2025)

A. Any user who violates any of the following provisions of this Chapter, or any applicable State or Federal regulation, standard, or limitation, may be subject to permit revocation including, but not limited to, the following reasons:

1. Failure to notify the Director of significant changes to the wastewater prior to the changed discharge;

2. Failure to provide prior notification to the Director of changed conditions pursuant to Section 13.16.380.H of this Chapter;

3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

4. Falsifying self-monitoring reports and certification statements;

5. Tampering with monitoring equipment;

6. Refusing to allow the Director, or authorized representative thereof, timely access to the facility premises and records;

7. Failure to meet effluent limitations;

8. Failure to timely pay fines;

9. Failure to timely pay sewer charges;

10. Failure to meet compliance schedules;

11. Failure to timely complete a wastewater survey or the wastewater discharge permit application;

12. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

13. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Chapter.

B. Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a user are void upon the issuance of a new wastewater discharge permit to that user.

C. When the Director determines that reason exists for permit revocation, he or she shall notify the user of the reason(s) for permit revocation, and schedule a hearing as set forth in Section 13.16.450 of this Chapter.

(Prior code § 3354; Ord. 1740(25), 12/16/2025)