Los Altos Municipal Code Ch. 10.08 Sewer System Protection Regulations

The overall goal of this chapter and the city's water quality control program is to prevent and control pollution and protect and foster human health and the environment. The specific purpose of this chapter is to prevent the discharge of any pollutant into the sewers which would: (1) obstruct or damage the collection system, (2) interfere with, inhibit, or disrupt the Palo Alto Regional Water Quality Control Plant (the "plant"), its treatment processes, operations, sludge processes, use, or disposal, (3) pass through the treatment system and contribute to violations of the regulatory requirements placed upon the plant, or (4) result in or threaten harm to or deterioration of human health or the environment. It is the intent of the city to update and modify this chapter as needed to continue to provide a program for the pretreatment of industrial wastes which is approved by federal and state regulatory agencies. Therefore, this chapter is designed to be no less stringent than the U.S. Environmental Protection Agency's "General Pretreatment Regulations for Existing and New Sources of Pollution" published at Title 40 of the Code of Federal Regulations, Part 403, as applicable and as such regulations may be amended from time to time (hereinafter the "pretreatment regulations").

(Prior code § 5-5.601)

The following words and phrases, whenever used in this chapter, shall be as defined herein. Words, terms, and phrases used in this chapter not otherwise defined shall be as defined, interpreted, or used in the pretreatment regulations. Terminology for analytical testing shall be that contained in "Guidelines Establishing Test Procedures for the Analysis of Pollutants," published at 40 CFR Part 136.

"Average concentration" of a substance means the total daily discharge weight of the substance divided by the total daily wastewater volume at the point of discharge.

"Berm" means a barrier to the flow of liquid which is not rendered ineffective by the liquid, and is sufficiently high to contain anticipated fluid amounts, or which causes sufficient grade to prevent migration of anticipated fluid amounts.

"Cesspool" means a lined or partially lined underground pit into which raw sanitary sewage is discharged.

"Collection system" means the pipes, junction boxes, channels, and other conveyance apparatus used to move stormwater or sewage.

"Contaminated ground water" means water found beneath the earth's surface which does not meet state or federal standards for drinking water supplies or other specified beneficial uses.

"Contaminated water" means water that does not meet state or federal standards for discharge to navigable waters.

"Cooling water" means water which is used to cool fluids or equipment in commercial or industrial processes or air-conditioning systems.

"Cooling water system" means the pipes, heat exchanger, and other appurtenances used to convey cooling water in cooling towers, direct-contact cooling systems, and similar fixed cooling systems.

"Cycles of concentration" means the flow rate of water added to a cooling tower water system divided by the flow rate of water discharged from a cooling system.

"Development" means any activity which requires a permit or approval from the city, and also includes grading, planting of trees and shrubs, and/or erection of fences, piers, or other man-made obstructions which raise the level of flowing water, concentrate, impede or accelerate its flow, or cause erosion or any thing other than water to be deposited in any watercourse.

"Discharge" means the discharge, addition, placement, deposit, release, or dumping of any pollutant or combination of pollutants to surface waters from any point source. This definition includes, but is not limited to, additions of pollutants into waters from surface runoff and discharges through pipes, sewers, channels, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment work.

"Discharger" means any person who discharges, causes, or permits the discharge of industrial waste into a city sewer.

"Domestic waste" means the liquid and waterborne wastes derived from the ordinary living processes, free from industrial wastes and of such character as to permit satisfactory disposal, without special treatment, into the city's sewerage system.

"Engineer" means the city engineer, his or her designee, or such other person as may be designated by the city manager.

"EPA" means the United States Environmental Protection Agency.

"Exceptional waste" means that subset of industrial waste specified in Section 10.08.040(C)(2).

"Fail-safe valve" means an electrically driven valve that is normally closed. The valve can be opened by continuously depressing a switch mechanism that automatically closes the valve when not in use or depressed.

"Food service facility" means any nonresidential establishment that uses or generates grease when preparing food. Food service facility does not mean any facility that prepares food for off-site cooking and consumption, or any facility that does not use or generate grease in cooking or preparing food.

"Grease" means and includes fats, oils, waxes or other related constituents. Grease may be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils, and fats in meats, cereals, seeds, nuts, and certain fruits. Grease may also be of mineral origin, including kerosenes, lubricating oil, and road oil. Grease in the wastewater collection system is generally present as, but need not be, a floatable solid, a liquid, a colloid, an emulsion, or in a solution.

"Grease-generating activity" means any commercial or industrial activity that uses or produces grease on an ongoing basis.

"Grease removal device" means an interceptor, trap, or other mechanical device designed, constructed, and intended to remove, hold, or otherwise prevent the passage of grease to the sanitary sewer.

"Hazardous material" means any material so designated by Section 25316 of the California Health and Safety Code.

"Hazardous waste" means a material designated as a hazardous waste by 40 CFR Part 261 or California Code of Regulations (CCR) Title 22, Division 4.5, Chapter 11.

"Industrial user" means any person who discharges, causes, or permits the discharge of industrial waste into a city sewer or storm drain.

"Industrial waste" means the waste and wastewater from any production, manufacturing or processing operation of whatever nature including institutional and commercial operations where wastewater is used for the removal of significant quantities of waste other than domestic waste. "Industrial waste" shall include contaminated water from construction operations, contaminated water from erosion of disturbed land, and contaminated water from irrigation runoff.

"Instantaneous maximum" means the highest concentration or other measure of pollutant magnitude taken at any discrete point in time.

"Instantaneous minimum" means the lowest concentration or other measure of pollutant magnitude taken at any discrete point in time.

"Interceptor" means a receptacle designed and constructed to intercept, separate, and prevent the passage of prohibited substances into the sewer system.

"Machine shop" means a fixed facility which cuts, grinds, polishes, deburrs, or machines metal parts but does not conduct metal finishing as that term is defined by the EPA in 40 CFR Part 433.

"Metal fabrication facility" means a fixed facility that forms, welds, and assembles metal pieces, but does not conduct metal finishing as that term is defined by the EPA in 40 CFR Part 433.

"Monthly average measurement" means the sum of all measurements taken during a month divided by the number of measurements taken during a month. The "monthly average measurement" shall be taken on a minimum of three measurements, provided that if the measured value of any measurement is below the analytic detection limit, then the detection limit shall be used in calculating the monthly average.

"Municipal storm drain system" means and includes, but shall not be limited to, those facilities within the municipality by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins (regardless of location), curbs, gutters, ditches, man-made channels, or storm drains, which are not part of the sanitary sewer system.

"NPDES permit" means a valid National Pollutant Discharge Elimination System permit issued by the California Regional Water Quality Control Board, San Francisco Bay Region, in accordance with regulations promulgated by the U.S. Environmental Protection Agency to implement the requirements of the Federal Clean Water Act.

"Organic solvent" means any solvent which contains carbon in its molecular structure.

"Person" means any individual, partnership, firm, association, corporation, or public agency.

"Plant" means the Palo Alto Regional Water Quality Control Plant.

"Point of discharge" means the point or points designated as such in the permit. Where no designation is made, it shall mean the point where the private sewer joins a public sewer.

"Pollutants" means and includes all sewage, sewage sludge, garbage, debris, construction debris, biological materials, radioactive materials, and chemical, industrial, and agricultural waste discharged into water. "Pollutants" shall include any material potentially harmful to stormwater quality or wildlife or which threatens to contribute to a violation of applicable water quality standards.

"Pretreatment system" means a treatment system at an industrial or commercial facility that is designed to treat water prior to entering the city's sewer system.

"Sanitary sewage" or "sewage" means water-carried wastes from residences, businesses, properties, institutions, and industrial properties excluding ground water, surface water, and stormwater.

"Secondary containment" means and shall have the meaning specified by Section 25316 of the California Health and Safety Code.

"Seepage pit" means a device comprised of one or more pits extending into porous strata, lined with open- jointed masonry or similar walls, capped and provided with a means of access such as a manhole cover, and into which wastewater disposal system effluent is discharged.

"Sewage treatment plant" means any arrangement of devices and structures used for treating sanitary sewage.

"Sewer" means a pipe conduit for carrying sewage.

"Sewer system" or "sanitary sewer system" means all sewers owned or operated by the city and treatment plants and other facilities owned or operated by the city for carrying, collecting, treating, and disposing of sanitary sewage and industrial wastes.

"Simple payback period" means the number of years required to allow the dollar value of an investment in water pollution control to be exceeded by cost savings resulting from the investment.

"Storm drains" or "storm drain system" means the system of pipes and channels used to collect and convey stormwater.

"Stormwater" means all rainfall runoff, surface runoff, and drainage.

"Superintendent" means the manager of the Palo Alto Regional Water Quality Control Plant, the director of public works, or his or her designee.

"Unpolluted water" means water to which no constituent has been added, either intentionally or accidentally, that would render such water unacceptable for disposal to storm drains or natural drainage or directly to surface waters.

"Watercourses" means and includes all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons. Watercourses include facilities owned and operated by the Santa Clara Valley Water District.

(Ord. 05-275 § 2; Ord. 05-274 § 2; prior code § 5-5.602)

The engineer shall be responsible for the administration and enforcement of the provisions of this chapter, for conducting an industrial waste source control program, and for promulgating such orders, rules, and regulations as are necessary to accomplish the purpose of this article in accordance with the requirements that are or may be promulgated by the Environmental Protection Agency, the state of California Water Resources Control Board, the State Department of Health Services, the California Regional Water Quality Control Board for the San Francisco Bay Region, or other duly authorized boards or agencies.

(Prior code § 5-5.603)

A.

It shall be unlawful for any person or organization to discharge or cause to be discharged any industrial waste whatsoever directly or indirectly into the sewer system without first obtaining a permit for industrial waste discharge. Furthermore, it shall be unlawful for any person or organization to discharge any industrial waste in excess of the quantity or quality limitations or to violate any other requirement set forth in this article or in a permit for industrial waste discharge.

B.

A discharger may submit an advance written request to discharge prohibited wastes not in conformance with this chapter or wastes containing concentrations of substances or characteristics in excess of those permitted by this chapter. Discharge of such wastes shall not be allowed without an exceptional waste permit duly issued.

C.

The engineer may authorize a discharger by permit to discharge "exceptional wastes" when the permit will neither result in a violation of any of the provisions effects described in Section 10.08.190 of this chapter nor any violation of the city pretreatment regulations. The city shall be compensated for any costs it incurs in authorizing such discharge including any expense in determining whether such discharge is compatible with the sewer system and is in compliance with the pretreatment regulations.

Permission to discharge exceptional waste may either be given as an addendum to a current permit or by a separate permit. In the case of third parties requesting permission to discharge waste generated by another party, or the products of treating waste generated by another party, the waste generator or responsible party must submit a "designation of authorized representative" (DOAR) to the engineer to authorize the third party to conduct business and sign reports on their behalf. However, certification that the waste as discharged does not constitute a hazardous waste and the permit and permit application must be signed by such waste generator or responsible party.

Exceptional wastes are aqueous wastes that may include but are not limited to (i) construction site dewatering where soil or groundwater contamination is present, (ii) groundwater contaminated with organic solvents generated as a result of pump tests in preparation for a groundwater cleanup or water generated during sampling events, (iii) aqueous wastes generated by either permanent or mobile hazardous waste treatment units used to treat hazardous waste at the generator's site, (iv) and aqueous wastes generated as a result of site cleanup activities. A permit must be obtained prior to commencement of discharge, and requests for such permits shall be submitted no later than twenty (20) working days prior to intended discharge. The letter of application shall include the name, address, phone number and title of the responsible party, on-site contact person's name, address, and twenty-four (24) hour contact phone number, analytical data on the contaminants and characteristics of the intended discharge, the intended point of discharge, the duration and volume, dates of intended discharge, and a site plan.

A separate charge for processing such requests shall be established by the engineer to recover the city's costs in processing and administering such permits.

D.

The permit for any industrial waste discharge may include, but is not limited to, requiring pretreatment of wastes before discharge; restriction of peak flow discharges, prohibition of discharge of certain wastewater components; restriction of discharge to certain hours of the day; requiring payment of additional charges to defray increased costs to the city created by the wastewater discharge; requiring sampling and monitoring

before and during discharge and other conditions as may be required to effectuate the purpose of this chapter. The permit may also require specific investigations or studies to determine methods of reducing toxic constituents in the discharge.

E.

No permit for industrial waste discharge is transferable without the prior written consent of the engineer. A change of ownership (including a transfer of the majority of shares in a corporate discharger) of the waste generating facility requires a new permit application.

F.

Any person or organization desiring to change the quantity or degree or reduce the quality of waste discharged to the sewer system or to discharge wastes or use facilities which are not in conformance with their industrial waste permit shall apply for and obtain an amended permit prior to any such discharge or use. An application for an amended permit must be filed sixty (60) days in advance of the proposed commencement of such discharge or use of such facilities.

(Prior code § 5-5.604)

A.

Application for discharge permit and determination of Federal pretreatment category. Applicants for a permit for any industrial waste discharge shall complete and submit an application form for each point of discharge. The engineer shall establish the contents of said form and may require additional information on the characteristics of the wastewater discharge beyond that required on the application form. Interested parties shall be notified of the filing of the application via posting at City Hall.

Completed application forms shall be filed by the discharger not less than sixty (60) days in advance of commencing discharge. The discharger shall not commence discharge prior to permit approval.

B.

Determination of pretreatment category according to the pretreatment regulations. Prior to approval of a discharge permit, the engineer shall determine whether the discharge is subject to the categorical standards provided in the pretreatment regulations. The determination will be made by the engineer following the guidelines and procedures of that subpart.

C.

The engineer may impose terms and conditions on the permit which the engineer deems reasonable or necessary to carry out the purposes of this article. The application shall be approved if: (i) the applicant has complied with all requirements of this chapter and all applicable city ordinances, state and federal regulations; (ii) the applicant has furnished all requested information; (iii) the city determines that there are adequate devices, equipment, chemicals, and other facilities to sample, meter where desirable, convey, treat, and dispose of the industrial wastes; and (iv) the person(s) to be responsible for treatment and control are adequately trained and capable of consistently meeting permit requirements.

D.

Interested parties shall be notified of the issuance of permits via posting at City Hall. Interested parties and other members of the public may appeal the issuance of a permit within forty-five (45) days of issuance and request a hearing on the matter. The hearing procedures contained in Section 10.08.110 shall be followed. The permit effective date shall not be postponed solely because of the filing of an appeal.

(Prior code § 5-5.605)

In the event that an industrial waste discharge permit holder or applicant should be affected by a newly promulgated waste discharge standard or an existing discharge permit holder is reclassified as being subject to the categorical standards provided in the pretreatment regulations due to process changes, or an inspection reveals the presence of regulated processes, or new information becomes available that justified or requires a reclassification, the discharger shall, within ninety (90) days of the effective date of a categorical standard or reclassification, file a baseline monitoring report (BMR). If additional pretreatment or additional operation at and maintenance procedures or installation of facilities, equipment or improvements will be required to meet the pretreatment regulations, the discharger shall include a compliance time schedule which specifies the shortest schedule by which the discharger will provide such additional pretreatment procedures of facilities, equipment or improvements to attain compliance. For purposes of pretreatment regulations, the completion date in this schedule shall not be later than the established compliance date provided by the applicable pretreatment regulations.

(Prior code § 5-5.606)

A.

New sources of industrial waste discharges shall be in full compliance with the provisions of this title at the time of commencement of discharge. Dischargers of new sources, upon request of the superintendent, shall complete a waste minimization study in accordance with guidelines published by the superintendent, and shall certify that measures have been taken to minimize toxic constituents in the discharge.

B.

The following requirements shall apply to remodeled or converted facilities to the extent that the portion of the facility being remodeled or converted is related to the subject of the requirements. The owner of every newly constructed, remodeled, or converted commercial or industrial facility shall comply with the following requirements upon commencement of discharge:

Interior (indoor) floor drains to the sewer system may not be placed in areas where hazardous materials, hazardous wastes, industrial wastes, industrial process water, lubricating fluids, vehicle fluids or vehicle equipment cleaning wastewater are used or stored, unless secondary containment is provided for all such

materials and equipment. The superintendent may allow an exception to this requirement under the following circumstances:

a.

When the drain is connected to a wastewater treatment unit approved by the superintendent;

b.

(For safety showers) When the drain is installed with a temporary plug which remains closed except when the shower is in use, or when the drain is protected from spills by either a covered sump or berm system. If a sump is used, the capacity shall be at least as large as the largest chemical container in the laboratory;

c.

(For industrial process equipment) If the equipment does not contain hazardous waste and if all floor drains are equipped with fail safe valves which shall be kept closed during periods of operation.

Exterior (outdoor) drains may be connected to the sewer only if the area in which the drain is located is covered or protected from rainwater run-on by berms and/or grading, and appropriate wastewater treatment approved by the superintendent is provided. Any loading dock area with a sanitary sewer drain shall be equipped with a fail-safe valve, which shall be kept closed during periods of operation.

Interior floor drains shall not be connected to the storm drain.

Exterior drains shall be connected to the storm drain. Such connections shall not be permitted within the following areas:

a.

Equipment or vehicle washing areas;

b.

Areas where chemicals, hazardous materials, or other uncontained materials are stored, unless secondary containment is provided;

c.

Equipment or vehicle fueling areas or fluid changing areas;

d.

Loading docks where chemicals, hazardous materials, grease, oil, or waste products are handled.

Fueling areas shall have impermeable floors and rain covers that extend a minimum of ten (10) feet in each direction from each pump.

Roof drains may discharge to the storm drain system, provided that all roof equipment, tanks, and pipes containing other than potable water, cooling system water, or heating system hot water, have secondary containment.

Boiler drain lines shall be connected to the sewer system and may not be discharged to the storm drain system.

Condensate lines shall not be connected or allowed to drain to the storm drain system.

Copper, copper alloys, lead and lead alloys, including brass, shall not be used in the sewer lines, connectors or seals, coming in contact with sewage, except for sink traps and associated connecting pipes.

Secondary containment shall be provided for exterior work areas where motor oil, brake fluid, gasoline, diesel fuel, radiator fluid or other hazardous materials or hazardous wastes are used or stored. Drains shall not be installed within the secondary containment areas. The superintendent may allow a drain for work areas (but not for hazardous storage areas) if the secondary containment area is covered and if the drain is connected to a wastewater treatment facility approved by the superintendent.

Sacrificial zinc anodes are not permitted to be in contact with the water supply in a water distribution system.

Aspirators connected to laboratory sink faucets are prohibited; however, aspirators designed and used for transferring acids and bases from stationary permanent laboratory sinks to treatment facilities shall be allowed.

Laboratory countertops and laboratory sinks shall be separated by a lip which prevents hazardous materials spilled on the countertop from draining to the sink.

Sewer traps below laboratory sinks shall be made of glass or other approved transparent materials to allow inspection and to determine frequency of cleaning. Alternatively, a removable plug for cleaning the trap may be provided, in which case a cleaning frequency shall be established by the superintendent. In establishing the cleaning frequency, the superintendent shall consider the recommendations of the facility. The superintendent will grant an exception to this requirement for areas where mercury will not be used; provided, that in the event such an exception is granted and mercury is subsequently used in the area, the sink trap shall be retrofitted to meet this requirement prior to use of the mercury.

Swimming pool discharge drains shall not be connected directly to the storm drain system or to the sewer system. When draining is necessary, a hose or other temporary system shall be directed into a sewer (not storm drain system) clean out. A sewer clean out shall be installed in a readily accessible area.

Food service facilities shall have a sink or other area for cleaning floor mats, containers, and equipment, which is connected to a grease interceptor and the sanitary sewer.

The sink or cleaning area shall be large enough to clean the largest mat or piece of equipment to be cleaned. After January 1, 1996, new buildings constructed to house food service facilities shall include a covered, bermed area for a dumpster.

Parking garage floor drains on interior levels shall be connected to an interceptor and to the sanitary sewer system.

(Prior code § 5-5.607)

A.

All permit holders shall be required to submit periodic reports to the engineer. Specific reporting requirements shall be specified in the permit, or in compliance directives or in notices of violation, but the minimum reports required for all permitted dischargers of nondomestic waste are as follows:

Baseline monitoring reports (BMR);

Compliance reports which shall be submitted within ninety (90) days of the compliance date calculated pursuant to the applicable pretreatment standards or local standards. These reports shall state whether applicable standards or requirements are being met on a consistent basis;

Periodic reports of continued compliance (PRCC), which permitted dischargers, including those not classified under the pretreatment regulations, shall be required to submit semiannually. These reports shall indicate whether applicable pretreatment standards and/or local discharge standards have been met during the reporting period.

B.

Failure to submit required reports by the specified due date shall be considered a violation of the provisions of this article.

(Prior code § 5-5.608)

A.

Holders of industrial waste discharge permits shall take necessary steps to inform appropriate personnel employed by such permit holders of the provisions of this chapter.

B.

Such personnel shall include workers and supervisors whose duties pertain in any manner to the production or removal of waste discharges regulated by this chapter.

C.

Steps to inform such personnel include:

Orientation of newly employed or assigned personnel;

Annual orientation of all appropriate personnel; and

Posting of work stations with signs or equally effective methods of indicating approved methods for disposition of wastes and reporting requirements and instructions for accidental spills and increased loadings.

(Prior code § 5-5.609)

A.

Any permit for industrial wastes discharge may be revoked, made subject to additional terms or conditions, modified or suspended by the engineer in addition to other remedies provided by law, when such action is necessary in order to stop a discharge or a threatened discharge which presents a hazard or a threat of hazard to the public health, safety, welfare, natural environment, sewer system, or which violates this chapter, or which action is intended to implement programs or policies required or requested of the city by appropriate state or federal regulatory agencies.

B.

Any discharger notified of the city's intent to revoke, make subject to additional terms or conditions, modify, or suspend the discharger's permit shall immediately comply with directives of the engineer or cease and desist the discharge of all industrial wastes or such portion of said wastes as will eliminate the wrongful discharge to the sewer system pending any hearing that the discharger may request as set forth in Section 10.08.110 of this chapter.

C.

The engineer shall reissue or reinstate any industrial wastes permit or modified permit upon proof of satisfactory ability to comply and/or compliance with all discharge requirement, and the payment of any costs, fines, or penalties which may be assessed. The engineer may require any permit holder to develop and implement a compliance schedule for any proposed modification to permit terms and conditions.

(Prior code § 5-5.610)

A.

Every industrial waste discharger shall have, at its request, a hearing before the city manager, or his designee, before the industrial wastes permit application is issued, denied, or the permit is revoked, made subject to additional terms or conditions, modified or suspended.

B.

The engineer shall give the industrial waste discharger applicant or permit holder ten (10) calendar days written notice of intent to issue or deny the application, or to revoke, make subject to additional terms or conditions, modify or suspend the discharger's permit. The engineer shall post a copy of such notice at city Hall for interested permits. The notice shall set forth specifically the grounds for the engineer's intention to deny, revoke, or suspend and shall inform the applicant or permit holder or members of the public that they have ten (10) days from the date of receipt of the notice to file a written request for a hearing. The application shall be issued or denied of the permit shall be revoked, modified or suspended if a hearing request is not received within the ten (10) day period.

C.

If the applicant or permit holder or interested party or parties file(s) a timely hearing request, the city manager, or his designee, shall within ten (10) calendar days from the receipt of the request, set a time and place for the hearing. All parties involved shall have the right to offer testimonial, documentary, and tangible

evidence bearing on the issues and to be represented by counsel. The decision of the city manager, or his designee, whether to issue or deny the application or revoke, make subject to additional terms and conditions, modify or suspend the permit shall be final.

(Prior code § 5-5.611)

Every establishment from which industrial wastes are discharged to the sewer system shall provide and maintain one or more outside manholes, access boxes, junction chambers, metering devices or volume and flow measuring methodologies or other sampling and measuring points approved by the engineer which will allow the separate measuring and sampling of industrial and domestic wastes. The engineer may approve sampling points and measuring devices or methodologies which will permit the combined sampling and measuring of industrial and domestic wastes only for establishments discharging prior to the effective date of the ordinance codified in this chapter. Unless otherwise approved by the engineer, domestic and industrial wastes shall be kept completely separated upstream of such sampling and/or measuring points. Establishments that are billed for sewer service on the basis of sewage effluent constituents shall provide a suitable means for sampling and/or measurement of flow to determine billing constituents. Sampling points shall be so located that they are safe and accessible to city inspectors at any reasonable time during which discharge is occurring.

(Prior code § 5-5.612)

A.

The engineer, or his or her authorized representatives, may conduct all inspection, surveillance, and monitoring procedures necessary to assure compliance with applicable sections of this or with federal or state regulations.

B.

Representatives of the engineer shall be authorized to enter without unreasonable delay, during hours of discharge from the facility or hours of operation, any premises of any discharger in which an industrial waste source or treatment system is located or in which records are required to be kept to assure compliance with this chapter and applicable federal, state of California, and county of Santa Clara regulations. Records shall be available to city personnel for inspection and copying.

C.

In addition to any other remedy available to city, city inspectors may issue compliance directives at the time of the inspection to require the discharger to implement actions which will correct violations of this chapter or the permit. Such directive shall be considered as an additional condition on the dischargers' permit and may be reviewed as provided in Section 10.08.110.

(Prior code § 5-5.613)

A.

All persons operating vacuum or "cesspool" pump trucks or other liquid waste transport trucks desiring to discharge septic tank, seepage pit, interceptor or cesspool contents, or other liquid wastes to the sewer system shall first acquire a trucker's discharge permit from the city.

B.

Truck transported industrial wastes shall be discharged only at the locations specified for the specific waste. The city shall require payment for treatment and disposal costs or may refuse permission to discharge certain prohibited wastes in accordance with city's utilities rules and regulations. Denial, suspension, or revocation of such permit shall be in accordance with Sections 10.08.100 and 10.08.110 of this chapter.

(Prior code § 5-5.614)

No person shall discharge any substances directly into a manhole or other opening in a city sewer, other than through an approved building sewer, or other location approved by the engineer.

(Prior code § 5-5.615)

No person shall store hazardous materials above a sink that is connected to the sewer in a commercial or industrial facility. The superintendent may allow an exception for facilities existing as of January 1, 1995, when the hazardous materials are secondarily contained and when constrained to prevent accidental spills caused by earthquakes and other occurrences.

(Prior code § 5-5.616)

A.

Any information submitted to engineer pursuant to this chapter may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or, in the case of other submissions, by stamping the words "confidential business information" on each page containing such information. Information submitted prior to the inclusion of this section in the ordinance codified in this chapter may be withdrawn and replaced by submittals stamped "confidential business information." If no such claim is made at the time of submission or within ninety (90) days after this section becomes effective, the information may be made available to the public without further notice.

B.

Upon receipt of a request for the release of information to the public which includes information which the discharger has notified the engineer is claimed to be a trade secret as provided herein, the engineer shall

notify the discharger in writing of the request by certified mail, return receipt requested. The superintendent shall release the information to the public, but not earlier than thirty (30) days after the date of mailing the notice of the request for information, unless, prior to the expiration of the thirty (30) day period, the discharger files an action in an appropriate court for a declaratory judgment that the information is subject to protection under the laws of the state of California or for an injunction prohibiting disclosure of the information to the public and promptly notifies the engineer of that action. This section does not permit a discharger to refuse to disclose the information required pursuant to this chapter to the engineer.

C.

Information and data provided to the engineer pursuant to this section which constitute effluent or flow data shall be available to the public without restriction.

D.

A discharger may be prohibited from discharging a substance unless its composition is made known to the engineer.

(Prior code § 5-5.617)

Each discharger shall provide adequate protection to prevent accidental discharge of hazardous or prohibited materials or other wastes regulated by this chapter. Where directed by the engineer, or his or her designee, the discharger shall install retention basins, dikes, storage tanks, or other facilities designed to eliminate, neutralize, offset, or otherwise negate the effects of prohibited materials or wastes which may be accidentally discharged in violation of this chapter.

(Prior code § 5-5.618)

A.

As a condition of discharge, the superintendent may require the discharger to conduct a sampling and analysis program of the discharger's industrial waste of a frequency and type required by the superintendent to demonstrate compliance with the requirements of this chapter. This discharge permit shall specify the minimum frequency and type of samples, flow monitoring, measuring, and analyses to be conducted by the discharger. The permit may also specify the type of sampling equipment and flow- monitoring equipment which must be installed and used. The required self-monitoring program will depend on factors such as flow, potential for the discharge to cause interference, pass through, or upset of treatment processes, pollutants present, and prior compliance history (if any) of the discharger. Additional monitoring may be required by the superintendent for violation follow-up, assisting the city in evaluating effects of the discharge, or as part of a compliance directive or notice of violation.

B.

Information to be included in reports of self-monitoring and acceptable sampling and analytical methods are specified in 40 CFR Part 403.12 (g) and 40 CFR Part 136. Samples shall be analyzed at the discharger's

expense by a laboratory accredited by the state of California Department of Health for such analysis. The detection limit used by the discharger shall be no greater than one-tenth of the lowest applicable effluent limit for those substances reported as nondetectable.

C.

The self-monitoring reports and notices required by the pretreatment regulations shall be submitted to the superintendent or his or her designee on the dates specified.

D.

The superintendent may require self-monitoring for facilities for which a permit has not been issued. In addition, the superintendent may require investigations or studies to determine methods of reducing toxic constituents in the discharge. The superintendent may also request that information be submitted within a reasonable time concerning the chemical or biological constituents of any substance or chemical product which could potentially be discharged into the sewer system or into the storm drain system, or which the superintendent determines may, alone or in accumulation with other discharges, contribute to a violation by the plant of any applicable water quality standards or of any of its NPDES permits or contribute to an upset of plant processes.

(Prior code § 5-5.619)

Wastes discharged into the sewer system shall not have characteristics which by themselves or by interaction with other wastes may:

A.

Endanger the health and safety of the public or city personnel;

B.

Cause damage to the sewer system;

C.

Create nuisance such as odors or coloration;

D.

Result in extra cost of collection, treatment, or disposal;

E.

Interface with, inhibit, or disrupt any wastewater treatment process the plant, its treatment processes, sludge processes, or operations in such manner to cause violations of the plant's NPDES permit, or any regulatory requirements, or result in the use of sludge in noncompliance with any applicable requirements. This shall include instances due to flow rate and/or pollutant concentration and applies to increases in magnitude or duration of violation by the plant;

F.

Exit the plant into waters of the United States in quantities or concentrations which contribute to a violation of any regulatory requirement applicable to the plant. This shall include increases in magnitude or duration of any violation or period of noncompliance;

G.

Cause the temperature of the influent flow to the plant to exceed forty (40) degrees Celsius (one hundred four (104) degrees Fahrenheit);

H.

Prevent, hinder, delay, or impede compliance with effluent quality requirements established by regulatory agencies, or exceed the same;

I.

Cause wastewater quality to fall outside reclamation feasibility limits.

(Prior code § 5-5.620)

No person shall discharge, dispose of, or add to the sanitary sewer system or to the storm drain system any substance containing greater than five percent copper by weight, to control roots or for any other purpose.

(Prior code § 5-5.621)

No person shall dispose of any grease, or cause any grease to be disposed, by discharge into any drainage piping, by discharge into any public or private sanitary sewer, by discharge into any storm drainage system, or by discharge to any land, street, public way, river, stream, or other waterway.

(Prior code § 5-5.622)

Unpolluted water shall not be discharged through direct or indirect connection into the sanitary sewer system unless a permit is issued by the city. As used in this section, unpolluted water shall include stormwater from roofs, yards, foundation, or under-drainage, which meets all state and federal requirements for discharge to surface waters of the United States. The city may approve the discharge of such water into the sewer system only when no reasonable alternative method of disposal is available. If a permit is granted for the discharge of such water into the sewer system, the user shall pay the applicable charges and fees and shall meet such other conditions imposed by the superintendent.

(Prior code § 5-5.623)

The following standards shall apply to all discharges to the sewer at a designated sampling location determined by the engineer to be consistent with the dilution prohibition contained in Section 10.08.210 of this chapter:

A.

The categorical standards set forth in 40 CFR Chapter I, subchapter N, Parts 405 through 471 shall apply to all applicable sources. The definitions and procedures for establishing individual effluent limitations shall be as specified therein. Nothing in this chapter shall be construed as allowing less stringent limitations.

B.

Local limitations, in addition to those specified in this section, shall be developed by the superintendent based upon the prohibitions contained in Section 10.08.190 of this chapter. These limitations will be imposed on appropriate dischargers via industrial waste discharge permits or modifications to existing permits.

C.

In addition to the requirements of subsections A and B of this section, the following requirements shall apply where they are more stringent:

Parameter Instantaneous

* Gravity separation at a temperature of twenty (20) degrees Celsius and a pH of 4.5.

**Where the pH is monitored continuously, no individual deviation from the above range shall exceed twenty (20) minutes in length for discharges less than ten thousand (10,000) gallons per day nor ten (10) minutes in length for discharges greater than ten thousand (10,000) gallons per day. The total time of deviations during any seven-calendar-day period shall not exceed a total of sixty (60) minutes. Any pH reading less than or equal to 2.0 or greater than or equal to 12.5 is prohibited.

D.

Dyes. Wastes showing excessive coloration shall not be discharged into the sewer system. Excessive coloration shall be defined as any coloration in a waste which, for any wavelength, displays less than sixty (60) percent of the light transmissibility of distilled water under the following conditions:

After filtration through a 0.45-micron membrane filter;

In the pH range of 5.5 to 11.0;

Through a one-centimeter light path;

A maximum spectrum band width of ten (10) crons nanometers;

Through the wavelength range from four hundred (400) to eight hundred (800) nanometers.

E.

Explosives. No solids, liquids, or gases, which by themselves or by interaction with other substances may create fire or explosion hazards, including waste streams with a closed cup flashpoint of less than one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Celsius), shall be discharged. Flammable substances including, but not limited to, acetone, alcohol, benzene, gasoline, xylene, hexane, and naphtha shall not be discharged into the sewer system except where present in contaminated groundwater discharges being discharged under an exceptional waste permit issued by the city. Where groundwater discharges contain such contaminants, the discharger shall monitor the sewer atmosphere for explosivity and flammability using a properly calibrated meter designed for such purpose. The frequency of such monitoring shall be defined in the permit. Whenever ten (10) percent of the lower explosive level is exceeded, the discharger shall immediately notify the superintendent of the potential hazard in the sewer within fifteen (15) minutes of making the determination of threatened explosivity. The discharger shall follow verbal notification with a written explanation of the cause of the explosive hazard within five working days, with corrective actions taken to alleviate the situation and measures taken to prevent a reoccurrence. The discharger shall not recommence without prior written approval of the superintendent or his or her

designated representative. Where flammable substances are used in processes, separate collection and disposal outside the sewer system shall be provided.

F.

Grease and oil. Grease and/or oil shall not be discharged into the sewer system if the average concentration of floatable oil and/or grease (defined as that which is subject to gravity separation at a temperature of twenty (20) degrees Celsius at a pH of 4.5) exceeds twenty (20) milligrams per liter; nor shall the total oil and/or grease concentration exceed two hundred (200) milligrams per liter. In addition, the discharge of petroleum oil, nonbiodegradable cutting oil, or products of mineral origin in amounts that cause interference or pass through, as defined by EPA regulations, shall be prohibited.

G.

Hazardous, noxious, or malodorous substances. No industrial waste shall be discharged which, alone or in combination with other wastes, may create a public nuisance or hazard, make human entry into the sewers unsafe, or constitute a discharge of hazardous waste.

Permitted dischargers shall be required to certify at least every six months in their periodic report of continued compliance (PRCC) that their waste does not constitute a hazardous waste and that during the previous six months, no discharge of hazardous waste has occurred. Dischargers shall be required (as a condition to permission to discharge) to file with the Los Altos fire department a current hazardous materials management plan (HMMP) and to have on-site copies of material safety data sheets for all hazardous materials stored, generated, or used at the discharger's site. Should any discharge of a hazardous waste occur, the discharger shall verbally notify appropriate agencies, including the EPA, the Regional Water Quality Control Board and the superintendent as soon as possible, but in no event later than twenty-four (24) hours after such discharge.

Appropriate records of hazardous waste disposal, manifest inventories of stored virgin and used hazardous materials, and other documentation required by the HMMP shall be kept and made available for inspection and/or copying at the city's request.

Mercaptans and dissolved sulfides shall not be discharged in concentrations exceeding 0.1 milligram per liter.

H.

Organic solvents. Except as permitted by other sections of this chapter, the sewer shall not be used as a means of disposal for organic solvents. Wastewater discharged into the sewer shall not contain a sum total greater than one thousand (1,000) milligrams per liter of acetone, ethanol, methanol, or isopropyl alcohol, in any combination. Dischargers having organic solvents on-site or using the same shall provide and use a separate collection and disposal system outside the sewer system and shall provide safeguards against their accidental discharge into the sewer. An approved solvent management plan to prevent entry to the sanitary sewer and accidental spill prevention plans shall be filed by the discharger as a condition of permission to discharge to the sanitary sewer. Records of appropriate disposal and handling shall be maintained by the discharger and shall be available for inspection and copying by city personnel.

Organic solvents shall include, but shall not be limited to, those used in dry cleaning establishments, and shall also include separator water generated by dry cleaning equipment. Neither the organic solvent nor the separator water may lawfully be discharged into the sewer or storm drain system.

I.

Total toxic organics. The prohibition against the disposal of organic solvents contained in subsection G of this section may be replaced by a specific limitation on total toxic organics (TTO). Any such limitation must be contained in an industrial waste permit and be based either on the appropriate categorical standard of the pretreatment regulations or the following:

Total toxic organics (TTO) is the sum of all quantifiable values greater than 0.01 milligram per liter from the list of toxic organic pollutants contained in 40 CFR Part 433.11(e). The sum of the TTO shall be less than 1.0 milligram per liter as an instantaneous maximum. No individual toxic organic compound (except for phenol) shall exceed 0.75 milligram per liter as an instantaneous maximum. These limitations are subject to change in the future as the requirements placed on the plant become more stringent and as the process for establishing the industrial waste limitations is refined.

J.

Radioactivity. The discharge of radioactive wastes into the sewer system shall conform to the requirements of California Radiation Control Regulations, Title 17, California Code of Regulations, Chapter 5, subchapter 4, and as subsequently amended.

K.

Solids. No material shall be discharged into the sanitary sewer that will obstruct or damage the collection system, treatment system, or appurtenances. Specific prohibitions are as follows:

Inert solids. The discharge of inert solids including, but not limited to, sand, glass, metal chips, bone, plastics, etc., into the sewer is prohibited. Settling chambers or treatment works shall be installed where necessary to prevent the entry of inert solids into the sewer system.

Solid particles. Industrial wastes shall not contain particulate matter that will not pass through a one-half- inch screen; this subsection shall not apply to domestic sewage from industrial establishments.

L.

Stored liquid wastes. Liquid, aqueous-based wastes that have been collected and held in tanks or containers shall not be discharged into the sewer system except at locations authorized by the engineer to collect such wastes. Wastes of this category include but are not limited to:

Chemical toilet wastes;

Industrial wastes collected in containers or tanks;

Pleasure boat wastes;

Septic tank pumping;

Trailer, camper, housecar, or other recreational vehicle wastes.

M.

Toxicity. The following is a nonexclusive list of toxic substances and the maximum concentration allowed for each discharge:

For discharges greater than fifty thousand (50,000) gallons per day through any single sampling location, the maximum concentration will be one-half the values listed in the table, with the exception of silver, nickel, and mercury, for which the limits shall remain 0.25 milligram per liter, 0.5 milligram per liter, and 0.01 milligram per liter, respectively, regardless of flow.

The maximum concentration allowable for mercury set forth in this section shall not be applicable to dental facilities using mercury-containing amalgam. Dental facility requirements are set forth in Section 10.08.260 of this chapter.

The maximum concentration allowable for silver set forth in this section shall not be applicable to photographic materials processing. Silver limitations for photo processors are set forth in Section 10.08.250 of this chapter.

The maximum concentration allowable for copper, set forth in this section shall apply to all discharges except where more stringent maximum concentration limitations are specified elsewhere in this code.

These limitations are subject to change in the future as the requirements placed on the plant become more stringent and as the process for establishing the industrial waste limitations is refined.

N.

Discharge limitations at the point of sampling shall be specified in each discharge permit based on flow and waste stream information supplied in the discharger's permit application, applicable federal categorical limitations on process wastewaters, and other pertinent information. Discharge limitations may be expressed both in terms of total mass discharged and concentration.

(Ord. 05-275 § 3: Ord. 05-274 § 3: prior code § 5-5.624)

A.

All photoprocessors shall comply with either subsection (2) or subsection (3) of this subsection (A). Persons who fully comply with subsection (3) shall not be required to obtain an industrial waste discharge permit pursuant to Section 10.08.040 unless required to do so pursuant to other sections of this chapter, but shall be required to meet all applicable wastewater discharge limits and requirements.

Definitions.

a.

Photographic materials processing. For the purposes of this section, "photographic materials processing" shall mean developing silver-bearing film, including x-ray film, or photographic paper.

b.

Photoprocessor. For the purposes of this section, "photoprocessor" shall mean any person who owns a photographic materials processing system, or conducts photographic materials processing, including a business that does photographic materials processing, or any person who engages in photographic materials processing.

c.

Spent solutions. For the purposes of this section, "spent solutions" shall mean spent fixer, bleach fix, stabilizer from washless systems, silver-bearing cleaning solutions, and functionally similar solutions other than washwater.

d.

Regeneration. For the purposes of this section, "regeneration" shall mean the treatment of washwater, fix, or bleach fix for re-use.

e.

Washwater. For the purposes of this section, "washwater" shall mean water that has been used to rinse fix or bleach fix from photographic film or paper.

Silver removal system. Persons who comply with this subsection (2) shall install and operate in their facilities a silver removal system, in a manner which shall ensure consistent compliance with the following effluent standards:

a.

The maximum allowable discharge concentration of silver shall be 1.0 milligram per liter for photoprocessors that submit documentation satisfactory to the engineer evidencing utilization of one or more of the following technologies:

(i)

Washless minilab equipment; or

(ii)

A water recirculating system that reduces washer consumption by a minimum of sixty (60) percent. The reduction shall be based on manufacturers' minimum recommended washwater rates; and achievement of such reduction shall be documented by the photoprocessor to the satisfaction of the engineer.

b.

The maximum allowable discharge concentration of silver shall be 0.5 mg/liter for all silver removal facilities not covered by subsection (2) (a) of this section.

c.

All spent solutions and washwater that are not sent off-site shall be treated to ensure consistent compliance with the effluent standards set forth in this subsection (2). Silver removal from washwater shall be conducted in a manner that does not reduce the effectiveness of the treatment of spent solutions.

d.

The photoprocessor shall sample the discharge at a frequency determined by the engineer, based upon the flow rate from the facility. However, in no event shall sampling be done less frequently than once a month. A duplicate of each sample collected shall be kept for the use of city inspectors. A sampling port shall be installed in accordance with specifications set forth in the wastewater discharge permit.

e.

Every person owning or operating a silver removal system shall cause such system to be serviced at least once per year by the manufacturer, equipment distributor, or qualified consultant who shall certify that all equipment in the system is functioning in accordance with the manufacturer's standards for such equipment. A record of system service shall be maintained at the facility where the system is located, and be available for inspection by inspectors upon request.

f.

Every person intending to comply with the provisions of this subsection (2), shall submit a compliance plan to the engineer on or before April 1, 1991. The compliance plan shall contain a description of the silver removal system and any regeneration systems to be used to meet the discharge limits set forth in this subsection (2). The compliance plan shall include, but not be limited to, equipment specifications, waste volume estimates, and proposed procedures for sampling and testing. No person shall commence operating a silver removal system after June 30, 1991 without having submitted a compliance plan to the engineer at least forty-five (45) days prior to commencing operation of such system.

Every person intending to comply with the provisions of this subsection (2) shall submit an annual report to the engineer on or before February 1, 1992, and annually thereafter. The annual report shall contain the following information for the preceding calendar year:

(i)

Type and description of silver removal processes and any regeneration systems employed;

(ii)

Amount of spent solutions generated;

(iii)

Amount of washwater generated;

(iv)

Dates of equipment servicing;

(v)

Description of any major changes in equipment or operation; and

(vi)

All wastewater sampling data.

Off-site disposal. Persons who comply with this subsection shall ship or cause to be shipped off-site, for recovery or appropriate disposal, all spent solutions or shall regenerate all spent solutions on-site.

Storage, shipment and disposal of spent solutions shall be in accordance with all state, federal, and local requirements.

Every person who complies with this subsection (3) shall maintain, or cause to be maintained, records that detail the purchase data and quantity of all new fixer, bleach fix, stabilizer and functionally similar solutions kept or used by such person. Such person shall also maintain, or cause to be maintained, detailed disposal records that include the date, type, and amount of waste solution disposed of; the name, address, and identification number of the shipper; and the ultimate destination of each batch of waste solution shipped off-site. Such person shall also maintain, or cause to be maintained, a record of the amount of spent solutions regenerated on-site.

All records required to be kept pursuant to this subsection shall be kept for a period of three years at the photoprocessing site, and shall be available for immediate inspection upon request therefor by city inspectors during normal business hours.

Beginning on or before February 1, 1992, and annually thereafter, every photoprocessor intending to comply with this subsection shall submit to the engineer a summary of the required records maintained by such photoprocessor relating to purchase and disposition of photographic solutions. The summary shall be on a form provided by the engineer. Along with the summary, every photoprocessor shall submit a statement certifying that it is in compliance with this subsection and that the required records are available for inspection.

Photoprocessors that comply with this subsection need not meet the silver discharge limitations set forth in subsections (2)(a) or (2)(b) of this section, nor the silver discharge limitations set forth in Section 10.08.240(m) with respect to the photographic materials processing portion of their operations; provided, however, that those photoprocessors generating a total of one hundred (100) gallons or more per month of spent solutions shall be required to meet the silver limitations of subsection (2) of this section with respect to washwater, even if all spent solutions are shipped off-site.

B.

Compliance schedule. The dates by which compliance with either subsection (A)(2) or (A)(3) of this section shall be achieved as follows:

All photoprocessors generating less than twenty (20) gallons per month of spent solutions shall meet the subject requirements on or before September 31, 1991.

All other photoprocessors shall meet the subject requirements on or before June 30, 1991.

(Prior code § 5-5.625)

A.

Definitions. For the purposes of this section, the following words and phrases shall be as defined herein:

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

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

"ISO 11143" is the International Organization for Standardization's standard for amalgam separators.

B.

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

No person shall rinse chairside traps, vacuum screens, or amalgam separators equipment in a sink or other connection to the sanitary sewer.

Owners and operators of dental facilities shall ensure that all staff members who handle amalgam waste are trained in the proper handling, management, and disposal of mercury-containing material and fixer- containing solutions, and shall maintain training records that shall be available for inspection by the superintendent or designee during normal business hours.

Amalgam waste shall be stored and managed in accordance with the instructions of the recycler or hauler of such materials.

Bleach and other chlorine-containing disinfectants shall not be used to disinfect the vacuum line system.

The use of bulk mercury is prohibited. Only precapsulated dental amalgam is permitted.

C.

All owners and operators of dental vacuum suction systems, except as set forth in subsections D and E of this section, shall comply with the following:

An ISO 11143-certified amalgam separator device shall be installed for each dental vacuum suction system on or before March 31, 2005; provided, however, that all dental facilities that are newly constructed on and after the effective date of the ordinance codified in this section shall include an installed ISO 11143-certified amalgam separator device. The installed device must be ISO 11143-certified as capable of removing a minimum of ninety-five (95) percent of amalgam. The amalgam separator system shall be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. Neither the separator device nor the related plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 test methodology, a noncertified separator will be accepted, provided that smaller units from the same manufacturer and of the same technology are ISO-certified. Alternative materials and methods may be proposed to the superintendent for approval, pursuant to Section 10.08.490 of this chapter.

Proof of certification and installation records shall be submitted to the superintendent within thirty (30) days of installation.

Amalgam separators shall be maintained in accordance with the manufacturer's recommendations. Installation, certification, and maintenance records shall be available for immediate inspection upon request therefor by the superintendent or designee during normal business hours.

D.

Facilities with vacuum suction systems that meet all of the following conditions may apply to the superintendent for an exemption to the requirements of subsection C of this section:

The system was installed before October 1, 2003.

The system is a dry vacuum pump system with an air-water separator.

The sedimentation tank is non-bottom draining, with the drain above the anticipated maximum level of accumulated sludge.

Evidence of regular pumpouts (a minimum of once a year, or more often if either directed by the manufacturer or necessary to keep solids from exiting through the drain) is maintained and open to inspection by the superintendent during normal business hours.

The system has no direct discharge pipe to the sewer on the bottom of the sedimentation tank.

An owner or operator whose facility meets conditions (1) through (5) of this subsection may apply for exemption by written letter to the superintendent. The superintendent or designee will review the system and, if the exemption is approved, shall provide a written letter of exemption.

An exemption obtained pursuant to this subsection shall expire upon installation of a new vacuum system. Upon expiration of the exemption, the facility shall comply with subsection C of this section before commencing further operation.

E.

The following types of dental practice are exempt from this section, provided that the removal or placement of amalgam fillings occurs at the facility no more than three days per year:

Orthodontics;

Periodontics;

Oral and maxillofacial surgery;

Radiology;

Oral pathology or oral medicine;

Endodontistry and prosthodontistry.

(Ord. 05-275 § 4: Ord. 05-274 § 4: prior code § 5-5.626)

A.

Definitions. For the purposes of this section, the following words and phrases shall be as defined herein:

"Commercial vehicle washing facility" means a commercial facility where vehicle washing is a primary business activity. Commercial vehicle washing facilities include, but are not limited to, mobile washing rigs.

"Fleet washing facility" means a facility for washing vehicles, at a location where a business maintains six or more vehicles.

"Ground surfaces" means and includes dirt, gravel, or other unpaved surfaces.

"Vehicle" means a mode of transporting people or things. Vehicles include, but are not limited to, automobiles, trucks, recreational vehicles, tractors, airplanes, and boats.

"Vehicle fluid" means a liquid used in or drained from a motor vehicle. Vehicle fluids include, but are not limited to, gasoline, diesel fuel, motor oil, brake fluid, radiator fluid, hydraulic fluid, transmission fluid, and coolant.

"Vehicle service facility" means a commercial or industrial facility that conducts one or more of the following operations with respect to vehicles or components of vehicles: vehicle repair, fuel dispensing, vehicle fluid replacement, engine and parts cleaning, body repair, vehicle salvage and wrecking or vehicle washing.

B.

All vehicle service facilities shall be operated, on and after October 1, 1992, in accordance with the following standards:

No person shall dispose of, nor permit the disposal, directly or indirectly, of vehicle fluids, hazardous materials, or rinsewater from parts cleaning operations into storm drains.

All owners and operators of vehicle service facilities shall ensure that any vehicle fluid, hazardous material, or rinsewater from parts cleaning operations that comes into contact with any floor, pavement or ground surface is cleaned up immediately from such surface.

No person shall dispose of vehicle fluids, hazardous material, or rinsewater from parts cleaning operations into the sanitary sewer system except pursuant to an industrial waste discharge permit obtained in accordance with this chapter.

No vehicle service facilities shall contain floor drains, excepting only such floor drains as are connected to wastewater pretreatment systems for which an industrial waste discharge permit has been obtained in accordance with this chapter.

No tanks, containers or sinks used for parts cleaning or rinsing shall be connected to the storm drain system, or to the sanitary sewer system except pursuant to an industrial waste discharge permit obtained in accordance with this chapter.

No person shall perform vehicle fluid removal outside a building, nor on asphalt or ground surfaces, whether inside or outside a building, except in such a manner as to ensure that any spilled fluid will be in an area of secondary containment.

Leaking vehicle fluids shall be contained or drained immediately.

No person shall leave unattended drip pans or other open containers containing vehicle fluid, unless such containers are in use or in an area of secondary containment.

No person shall discharge wastewater from vehicle washing operations or wash racks to the sanitary sewer system except pursuant to an industrial waste discharge permit obtained in accordance with this chapter. Nothing in this subsection shall be construed to prohibit the proper reuse of wastewater.

No person shall discharge into the storm drain water from vehicle washing operations, except from rinsing of vehicle exterior surfaces, with water only, for appearance purposes. This exception does not apply to commercial vehicle washing facilities or fleet washing facilities.

Vehicle service facilities shall be cleaned using only those methods of cleaning that ensure that no materials are discharged to the storm drain or to the sanitary sewer system, except for wastewater which is discharged to the sanitary sewer system pursuant to an industrial waste discharge permit obtain in accordance with this chapter; provided, however, that a permit shall not be required for facilities that use the following three-step sequence for cleaning floors.

a.

Clean up spills with rags or other absorbent materials;

b.

Sweep floor using dry absorbent material;

c.

Mop floor. Mop water must be discharged to the sanitary sewer via a toilet or sink.

All owner and operators of vehicle service facilities shall ensure that spill prevention and clean-up equipment and absorbent materials are kept in stock at all times and are readily available for use.

No acid-containing batteries shall be stored except within secondary containment.

All owners and operators of vehicle service facilities shall ensure that all employees of such facilities are trained, upon hiring and annually thereafter, regarding best management practices in accordance with guidelines issued and published by the superintendent of the plant.

All owners and operators of vehicle service facilities shall post or cause to be posted signs on all storm drains located on the property of the facility notifying persons that the discharge of wastes into the storm drain is illegal. In the case of any conflict between the provisions of this section and other provisions of this chapter, this section will apply.

(Prior code § 5-5.627)

A.

The owner of every newly constructed, remodeled, or converted commercial or industrial facility with one or more grease generating activities, including food service facilities with new or replacement kitchens, for which a building permit is issued on or after January 1, 1992, shall install or cause to be installed a grease interceptor for each grease generating activity, of a size equal to or greater than the minimum size meeting the definition of "grease removal device," as set forth in Section 108 of the then currently adopted edition of the Uniform Plumbing Code.

B.

The owner of every commercial or industrial generator of grease, including food service facilities, serviced by a sewer collection line found to have a grease blockage, a history of grease blockage, or accelerated line maintenance resulting from grease disposal shall install or cause to be installed, upon notification by the superintendent of the plant, a grease removal device.

C.

The owner of every commercial or industrial generator of grease, including food service facilities, for which installation of grease removal devices is not required pursuant to subsections (a) or (b) of this section, shall install or cause to be installed a grease removal device for each grease generating activity, on or before January 1, 1997.

D.

All grease removal device(s) shall be installed on the premises where grease is used or generated and shall be sized in conformance with Chapter 7 of the then currently adopted edition of the Uniform Plumbing Code. The contents of all grease removal devices shall be removed periodically as necessary to prevent violations of this chapter. At a minimum, the contents shall be removed every six months. All grease removal devices shall be kept in good repair, and shall be maintained in continuous operation. A log of all grease removal activities shall be maintained at the facility showing the date of removal, the amount removed and the disposition of the removed contents. The log shall be retained for a period of three years, and shall be available for inspection by city inspectors upon request.

(Prior code § 5-5.628)

Except where expressly authorized to do so by an applicable categorical standard provided in the pretreatment regulations, no discharger shall ever increase the use of process water, or in any other way, dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with such categorical standard or any other requirement of this chapter.

(Prior code § 5-5.629)

The engineer may establish standards for any industrial wastes not specifically referred to in this article. Said standards shall be published and shall be made available to any person requesting a copy of said standards.

(Prior code § 5-5.630)

When a discharge causes any obstruction, damage, or any other impairment to city facilities, the city may assess a charge against the discharger to reimburse the city for costs incurred to clean or repair said facility.

(Prior code § 5-5.631)

A.

Civil penalties. Any person who intentionally or negligently violates any provision of this article or any provision of any permit issued pursuant to this chapter shall be civilly liable to the city in a sum not to exceed twenty-five thousand dollars ($25,000.00) for each day in which such violation occurs. The city may petition the Superior Court pursuant to Section 54740 of the Government Code of the State to impose, assess, and recover such sums. The remedy provided in this section shall be cumulative and not exclusive and shall be in addition to all other remedies available to the city.

B.

Notice of noncompliance. Unless the engineer finds that the severity of the violation warrants immediate action under subsection (A) or (B) of this section or permit revocation or suspension, he shall issue a notice of noncompliance which:

Enumerates the violations found; and

Orders compliance by a date certain.

C.

If the violations are not abated in the time period identified further action may be taken by the engineer, including, but not limited to, suspension, revocation or modification of the discharger's permit pursuant to Section 10.08.100.

(Prior code § 5-5.632)

All industrial dischargers subject to city pretreatment regulations shall be in conformance with such, including but not limited to, effluent standards, monitoring requirements, and reporting requirements. In the event of any apparent conflicts between the requirements established in this article and federal EPA requirements, the most restrictive limitation shall apply.

(Prior code § 5-5.633)

The city reserves the right to terminate sewer service for noncompliance with the provisions of this chapter which reasonably appear to present an imminent endangerment to the health, safety, and welfare of persons. The discharger shall immediately cease discharge of any waste presenting such a hazard, upon verbal and/or written notice of the engineer or his designated representative. Such termination shall be effective immediately, but shall be reviewable pursuant to the hearing process provided in Section 10.08.110.

(Prior code § 5-5.634)

A.

Noncompliance with the provisions of this chapter that are known to the discharger shall be reported verbally as soon as possible but no later than twenty-four (24) hours of the discharger's knowledge of the noncompliance. A written report to the engineer shall be submitted within five days explaining the nature, volume and duration of the noncompliance, mitigation measures taken to correct the noncompliance and to prevent recurrence.

B.

Such notification will not relieve any discharger of liability for any expense, including but not limited to, costs for counter measures; loss or damage to the sewer system and/or treatment plant or treatment process; or liability to reimburse any fines imposed on the city on the account thereof; or for damages incurred by any third party.

C.

The reporting requirements of subsection (A) of this section shall also apply to any short term, large or unusual increase in flow or concentration or waste constituents regardless of whether noncompliance has resulted. In addition, the cause of the incident (e.g., accidental spill) shall be reported. Notices shall be posted in process areas (or other equally effective notification procedures used) giving instruction on reporting such increases.

(Prior code § 5-5.635)

The owner of every new commercial and industrial building or portion thereof for which a building permit is issued on or after July 1, 1992, must cause such building to be constructed so that industrial waste is segregated, by means of separate plumbing, from domestic waste prior to converging with other wastestreams in the sanitary sewer system. For the purposes of this section only, the term "new" shall mean and apply to all of the following: newly constructed buildings; building additions that require plumbing for industrial waste; and remodeling of existing buildings to accommodate expansion of or change to a use that requires plumbing for industrial waste.

(Prior code § 5-5.636)

Stormwater and all other unpolluted drainage shall be discharged into such sewers as are specifically designated as storm sewers or into a natural outlet approved by the engineer.

(Prior code § 5-5.637)

It shall be unlawful for any person to discharge the contents of a swimming pool into a sanitary sewer except in the manner set forth in this section. The size of the pipe carrying the discharge water shall not be larger than two inches and shall not be under a head to exceed twenty (20) feet. If the water is discharged by pumping, the rate of flow shall not exceed one hundred (100) gallons per minute. Each swimming pool discharging into a sanitary sewer shall be equipped with an approved separator to preclude any possibility of a backflow of sewage into the swimming pool or piping system.

(Prior code § 5-5.638)

A.

Unlawful discharges. It shall be unlawful to discharge any domestic waste or industrial waste into storm drains, gutters, creeks, or San Francisco Bay. Unlawful discharges to storm drains shall include, but not be limited to, discharge from toilets; sinks; industrial processes; cooling systems; boilers; fabric cleaning; equipment cleaning; vehicle cleaning; construction activities, including, but not limited to, painting, paving, concrete placement, sawcutting and grading; swimming pools; spas; and fountains, unless specifically permitted by a discharge permit or unless exempted pursuant to guidelines published by the superintendent.

B.

Threatened discharges. It shall be unlawful to cause hazardous materials, domestic waste, or industrial waste to be deposited in such a manner or location as to constitute a threatened discharge into storm drains, gutters, creeks or San Francisco Bay. A "threatened discharge" is a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources. Domestic or industrial wastes that are no longer contained in a pipe, tank or other container are considered to be threatened discharges unless they are actively being cleaned up.

C.

Interior floor drains shall not be connected to storm drains.

D.

Exterior drains located in the following areas shall not be connected to storm drains:

Equipment or vehicle washing areas;

Areas where equipment fluids are routinely changed;

Areas where hazardous materials, chemicals or other uncontained materials that are easily transported by wind or water are stored and are not secondarily contained;

Loading dock areas, except that loading dock drains to the storm drain system may be allowed if a valve or equivalent device is provided, which remains closed except when it is raining.

Secondary containment shall be provided for any rooftop equipment, tanks or pipes containing other than potable water, cooling water, heating system hot water, steam, water condensate or equivalent substances, which the superintendent determines will otherwise cause a probable discharge to the storm drain system.

E.

Storm drain inlets shall be clearly marked with the words "No dumping! Flows to Bay" or equivalent.

(Prior code § 5-5.639)

All machine shops shall be operated in accordance with the following standards.

A.

No person shall dispose of, nor permit the disposal, directly or indirectly, of machine shop fluids, hazardous materials, mop water, or rinsewater from parts cleaning or deburring/tumbling operations into storm drains.

B.

No person shall dispose of machine shop fluids or rinsewater from parts cleaning or deburring/tumbling operations into the sanitary sewer system except pursuant to an industrial waste discharge permit obtained in accordance with this chapter.

C.

No machine shop shall contain floor drains, excepting only such floor drains as are connected to wastewater pretreatment systems for which an industrial waste discharge permit has been obtained in accordance with this chapter.

D.

Machine shops shall be cleaned using only those methods of cleaning which ensure that no materials are discharged to the storm drain or to the sanitary sewer system, except for wastewater that is discharged to the sanitary sewer system pursuant to an industrial waste discharge permit obtained in accordance with this chapter; provided, however, that a permit shall not be required for facilities that use the following three- step sequence for cleaning floors, or an approved equivalent:

Clean up spills with rags or other absorbent materials;

Sweep floor using dry absorbent material; and

Mop floor. Mop water shall be discharged to the sanitary sewer via a toilet or sink.

E.

All owners and operators of machine shops shall ensure that spill prevention, clean-up equipment and absorbent materials are kept in stock at all times and are readily available for use.

F.

All owners and operators of machine shops shall post or cause to be posted signs on all storm drain inlets located on the property of the facility with the words "No Dumping! Flows to Bay" or equivalent.

G.

All owners and operators of machine shops shall ensure that all employees who work directly on machine operations or clean up of such facilities are trained, upon hiring and annually thereafter, regarding best management practices for machines shops in accordance with guidelines issued and published by the superintendent.

(Prior code § 5-5.640)

A.

It shall be unlawful to discharge water from cooling systems, pools, and spas to the storm drain system.

B.

No person shall discharge or add to the sewer or storm drain, or add to a cooling system, pool, spa or fountain, any substance that contains any of the following:

Copper in excess of 2.0 mg/liter;

Tributyl tin compound in excess of 0.1 mg/liter; or

Chromium in excess of 2.0 mg/liter.

The above concentration limitations shall apply to any of the above listed substances prior to dilution with the cooling system, pool, spa or fountain water.

C.

Cooling system discharges.

As of July 1, 1998, cooling system discharges exceeding two thousand (2,000) gallons per day shall not exceed a maximum copper concentration in excess of 0.25 mg/liter. The superintendent may impose an alternative requirement to the 0.25 limit when the cycles of concentrations routinely exceed ten (10). The alternative requirement may consist of an alternative limit, or a specified maintenance program, a mass limit, or a combination of these.

Notwithstanding the effective date of the limits set forth in subsection (C)(1) of this section, cooling system discharge operations commencing on or after July 1, 1997, shall not be required to comply with those limits until one year after the date of such commencement.

D.

Cooling system cleaning. Wastewater from cooling system cleaning where a chemical cleaner or physical scouring is used in the cleaning process shall be sampled prior to discharge to the sewer to ensure compliance with the maximum concentration limits contained in Section 10.08.240. For purposes of this section, "physical scouring" does not include the use of water at typical water supply pressure. The wastewater shall be analyzed for copper and any other constituents specified by the superintendent. The results of such analysis shall be reviewed by the cooling system operator prior to discharge.

E.

Devices using electricity to dissolve copper or silver into water distribution systems, cooling systems, pools, spas or fountains are prohibited.

(Prior code § 5-5.641)

A.

Industrial waste discharges to the sewer are subject to the copper limitations contained in this section except for industrial waste from the following facilities, including facilities that are components of larger facilities, which are subject to specific limitations set forth in other provisions of this chapter.

Vehicle service facilities;

Photoprocessing facilities;

Machine shops; and

Metal fabrication facilities.

B.

No later than July 1, 1996, industrial waste discharge to the sewer from metal finishing facilities, as defined by the EPA in 40 CFR part 413 and part 433, shall meet the requirements of either subsection (1) or (2) of this subsection (B). These requirements shall apply to process wastes containing copper or nickel prior to dilution by non-metal finishing process wastes, domestic waste, and cooling water.

The annual average copper concentration for any twelve (12) month period shall not exceed 0.4 mg/liter. In addition all reasonable control measures specified in accordance with standards published by the superintendent shall be installed and implemented; or

The annual average pounds/day of copper shall not exceed an amount specified by the superintendent in the industrial waste discharge permit, which is based upon a pollution prevention review conducted by the city. The limitation shall be based upon those control measures having a simple payback period of five years or less. The average annual pounds per day shall be a "rolling" measurement, calculated by multiplying the flow-weighted average copper concentration for all samples taken during any twelve (12) month period by the total flow for that twelve (12) month period. The average annual pounds per day limit may be increased by the superintendent in proportion to increases in production at the discharger's facility to the extent that such production increases are within the growth allocation specified in the document prepared by Montgomery Watson, and published by the city of Palo Alto, entitled "City of Palo Alto Local Limits Development Proposed Local Limits-April, 1994."

C.

As of July 1, 1998, the maximum copper concentration in industrial waste discharges to the sewer other than those covered by subsections (A) or (B) of this section shall not exceed 0.25 mg/liter.

(Prior code § 5-5.642)

A.

A spill response plan for hazardous waste, hazardous materials and uncontained construction materials shall be prepared and available at the construction sites for all projects where the proposed construction site is equal to or greater than one acre of disturbed soil and for any other projects for which the city engineer determines that it is necessary to protect surface waters. Preparation of the plan shall be in accordance with guidelines published by the city engineer.

B.

A stormwater pollution prevention plan shall be prepared and available at the construction sites for all projects greater than one acre of disturbed soil and for any other projects for which the city engineer determines that a stormwater management plan is necessary to protect surface waters. Preparation of the plan shall be in accordance with guidelines published by the city engineer.

C.

Prior approval shall be obtained from the city engineer or designee to discharge water pumped from construction sites to the storm drain. The city engineer or designee may require gravity settling and filtration upon a determination that either or both would improve the water quality of the discharge. Contaminated groundwater or water that exceeds state or federal requirements for discharge to navigable waters may not be discharged to the storm drain. Such water may be discharged to the sewer, provided that the requirements of Section 10.08.240 are met and the approval of the superintendent is obtained prior to discharge.

D.

No cleanup of construction debris from the streets shall result in the discharge of water to the storm drain system; nor shall any construction debris be deposited or allowed to be deposited in the storm drain system.

(Ord. 03-247 § 2; Prior code § 5-5.643)

As provided in Chapter 1.20 of this code, violations of the provisions of this chapter shall be subject to criminal penalties. The following designated employee positions may enforce the provisions of this chapter by the issuance of citations: Persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter. The designated employee positions are: peace officers; community service officers; chief building official; director of public works; assistant engineer; industrial waste inspector; industrial waste investigator; manager of environmental control programs; supervisor of industrial waste; and manager of environmental compliance division.

(Prior code § 5-5.645)

Any person who intentionally or negligently violates any provision of this chapter or any provision of any permit issued pursuant to this chapter shall be civilly liable to the city in a sum of not to exceed twenty-five thousand dollars ($25,000.00) per day for each day in which such violation occurs. The city may petition the Superior Court pursuant to Government Code Section 54740 to impose, assess, and recover such sums. The remedy provided in this section is cumulative and not exclusive, and shall be in addition to the penalty provisions of Section 10.08.460 of this chapter and all other remedies available to the city under state and federal law.

(Prior code § 5-5.646)

A.

Complaint. The superintendent may cause to be served an administrative complaint on any person who has violated any provision of this chapter. The complaint shall state:

The act or failure that constitutes the violation;

The provisions of law authorizing the civil liability to be imposed; and

The proposed civil penalty.

The complaint shall be served by personal delivery or certified mail on the person subject to requirements that the superintendent alleges were violated, and shall inform the person served that a hearing on the complaint shall be conducted within sixty (60) days after service, unless the person charged with the violation waives his or her right to a hearing.

B.

Hearing. Unless the person charged with the violation(s) waives his or her right to a hearing, the city manager or designee of the city manager shall conduct a hearing within sixty (60) days. If the Hearing officer finds that the person has caused a violation, he or she may assess administrative penalties against the person. In determining the amount of the civil penalty, the hearing officer may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger. Civil penalties that may be imposed are as follows:

An amount not to exceed two thousand dollars ($2,000.00) per day for failing or refusing to furnish technical or monitoring reports;

An amount not to exceed three thousand dollars ($3,000.00) per day for failing or refusing to comply in a timely fashion with any compliance schedule established by the city;

An amount not to exceed five thousand dollars ($5,000.00) per day of violation for discharges in violation of any waste discharge limitation, permit condition or retirement issued by the city; and

An amount not to exceed ten dollars ($10.00) per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued or adopted by the city.

The decision of the hearing officer shall be final.

C.

Lien. The amount of any civil penalties imposed under this section which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the discharger from which the violation occurred resulting in imposition of the penalty. The superintendent shall cause the amount of uncollected penalty to be recorded with the county recorder, in accordance with Section 54740.5 of the California Government Code, as the same from time to time may be amended.

(Prior code § 5-5.647)

A.

Unless the superintendent finds that the severity of the violation warrants immediate action under this chapter, or permit revocation or suspension, he or she shall issue a notice of noncompliance which:

Enumerates the violations found; and

Orders compliance by a date certain.

B.

If the violations are not abated in the time period identified further action may be taken by the Superintendent including, but not limited to, suspension, revocation or modification of the discharger's permit.

(Prior code § 5-5.648)

At least annually, notice shall be provided in the largest local daily newspaper listing those industrial users that were found to have significantly violated the provisions of this code during the previous twelve (12) months. For the purpose of this provision, a significant violation is as defined by the EPA in 40 CFR part 403.8, or a violation meeting criteria established by the superintendent.

(Prior code § 5-5.649)

A.

Practical difficulties. The Superintendent is authorized to modify any of the provisions of this chapter upon application in writing by the owner, a lessee or a duly authorized representative where there are practical difficulties in the way of carrying out the provisions of this chapter; provided that the purpose of this chapter, as set forth in Section 10.08.010 shall be complied with, and substantial justice done. The particulars of such modification and the decision of the superintendent shall be entered upon the records of the plant and a signed copy shall be furnished to the applicant.

B.

Alternate materials. The Superintendent, upon application in writing by the owner, a lessee or a duly authorized representative, and on notice to the chief building official, is authorized to approve alternate materials or methods; provided, that the Superintendent finds that the proposed design, use or operation satisfactorily complies with the intent of this chapter and that the material, method of work performed or operation is, for the purpose intended, at least equivalent to that prescribed in this chapter in quality and effectiveness in meeting the purposes of this chapter. Approvals under the authority herein contained shall be subject to the approval of the Chief building official whenever the alternate material or method involves matters regulated by any code administered by the Chief building official. The particulars of any approval made by the Superintendent under this subsection shall be entered upon the records of the city and a signed copy shall be furnished to the applicant.

(Prior code § 5-5.650)