Chapter 4 — SEWAGE DISPOSAL

Each residence, building, or place of business within the city shall be connected onto the sanitary sewer system of the city where sewer mains are located within 100 feet of the premises of such residence or building. No sanitary sewer connection shall serve more than one ownership. All connections shall be made within two years from the time that sewer mains are constructed within 100 feet from the premises, and all human waste and waste water from human sanitation shall be discharged into the sanitary sewers of the city within two years from the time that such sewer mains are constructed within 100 feet from the premises. The provisions of this section shall be enforced by the Health Officer.

('61 Code, § 5-4.01) (Ord. 243 N.S., passed - - )

Whenever sanitary sewer mains are constructed within 100 feet of any premises within the city and the Health Officer determines that such premises shall be connected immediately to the adjacent sewer mains for purposes of health and sanitation, the Health Officer shall be empowered to order the immediate connection by the premises onto the sewer system without waiting for the two-year period of time to lapse. The provisions of this section shall be enforced by the Health Officer.

('61 Code, § 5-4.02) (Ord. 243 N.S., passed - - )

('61 Code, § 5-4.03) (Ord. 17 N.S., passed - - ; Am. Ord. 42 C.S., passed 3-6-63; Am. Ord. 407 C.S., passed 2-21-83)

Editor's note:

This section, containing provisions regarding discharge restrictions, violations, and penalties, was repealed by Ord. 895 C.S., passed 3-21-12.

(A) Purpose and policy. These regulations set forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the city.

(1) The objectives of these regulations are:

(a) To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

(b) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system inadequately treated or otherwise be incompatible with the system; and

(c) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

(2) These regulations provide for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users and authorizes monitoring and enforcement activities.

(3) These regulations apply to the city and to persons outside the city who are, by permit from the city, users of the publicly owned treatment works (POTW). Except as otherwise provided herein, the Director of Public Works of the city shall administer, implement, and enforce the provisions of these regulations.

(B) Definitions. Unless the context specifically indicates otherwise, the following terms have the meanings hereinafter designated.

THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.

BEST MANAGEMENT PRACTICES or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 C.F.R. §§ 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen required by sewage for biochemical oxidation in five days at 20°C, expressed in milligrams per liter (mg/l).

BUILDING SEWER. A sewer conveying wastewater from the premises of an owner to a public sewer. COMMERCIAL USER. Any user not defined as a residential, industrial, or other type user not specifically mentioned.

COMPATIBLE POLLUTANT. Biochemical oxygen demand, total suspended solids, pH, coliform bacteria, and oil and grease.

CONTAMINATION. An impairment of the quality of the waters of the city by waste to a degree which creates a hazard to the public health through poisoning through the spread of disease. CONTAMINATION shall include any equivalent effect resulting from the disposal of wastewater, whether or not waters of the city are affected.

COOLING WATER. Water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added to the water is heat.

DIRECTOR. The Public Works Director of the city or such other person as may be designated by the Public Works Director.

DOMESTIC SEWAGE. Waterborne waste derived from the ordinary living processes and coming from residences, business buildings, or institutions, as distinct from industrial wastes.

GARBAGE. Any solid waste from domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of food.

HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.

INCOMPATIBLE POLLUTANT. Any pollutant which is not a compatible pollutant as defined in this section. INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Clean Water Act. INDUSTRIAL USER. A source of indirect discharge.

INTERFERENCE. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both (1) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use, or disposal; and (2) therefore is a cause of violation of any requirement of the POTW's permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, and the Toxic Substances Control Act. (40 C.F.R. § 403.3(k)(2))

MASS EMISSION RATE. The weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the MASS EMISSION RATE shall mean pounds per day of a particular constituent or combination of constituents.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, conditioning, and denying permits for the discharge of pollutants pursuant to Section 402 of the Act.

NEW SOURCE. Any new, additional, or replacement building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

(a) The building, structure, facility, or installation is constructed at a site at which no other source is located; and/or

(b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; and/or

(c) The production or wastewater generating process of the building, structure, facility, or installation is substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. PASS THROUGH. A discharge which exits the POTW in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's permit (including an increase in the magnitude or duration of a violation).

PERSON or OWNER. Any individual, firm, company, corporation, partnership, association, and private, public, and municipal corporations' responsible corporate officer, the United States of America, the State of California, districts, and all political subdivisions and governmental agencies.

POLLUTANT. Any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological material, radioactive material, heat, wrecked or discharged equipment, rock, sand, cellar dirt, or industrial, municipal, and agricultural waste discharged into water.

POLLUTION. The man-made or man induced alteration of the chemical, physical, biological, and radiological integrity of water.

PRETREATMENT. Application of physical, chemical, and biological processes to reduce the amount of pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharging such wastewater into the publicly owned wastewater treatment system.

PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.

PRETREATMENT STANDARDS, NATIONAL PRETREATMENT STANDARDS, or STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to Section 430.5.

PUBLIC SEWER. Sewer owned and operated by the city which collects sewage waste and transports same to facilities owned and operated by the city. Such sewer also includes property outside the established city limits which are tributary to the main sewer trunk line to the wastewater treatment plant.

SEWAGE or SANITARY SEWAGE. A combination of domestic sewage and industrial wastes.

SEWAGE SYSTEM. The facilities for the collection, treatment, and disposal of sanitary sewage.

SIGNIFICANT INDUSTRIAL USER (SIU). All industrial users (IUs) subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R., Ch. I, subch. N and any other IU that discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater), contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant or is designated as such by the POTW on the basis that the IU has a

reasonable potential for adversely affecting the POTW's operations or for violating a pretreatment standard or requirement (in accordance with 40 C.F.R. § 403.8(f)(6)).

SIGNIFICANT NONCOMPLIANCE. Any SIU or industrial user which meets one or more of the criteria defined in 40 C.F.R. § 403.8(f)(2)(viii)(A) - (H):

(A) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 C.F.R. § 403.3(l);

(B) Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 C.F.R. § 403.3(l) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

(C) Any other violation of a pretreatment standard or requirement as defined by 40 C.F.R. § 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharge, interference or pass through (including endangering the health of POTW personnel or the general public);

(D) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the POTW's exercise of its emergency authority under 40 C.F.R. § 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;

(E) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

(F) Failure to provide within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(G) Failure to accurately report noncompliance; or

(H) Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program. SLUG DISCHARGE. Any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or noncustomary batch discharge.

STANDARD METHODS. The latest edition of Standard Methods for the Examination of Water and Wastewater , published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Association.

STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.

UNPOLLUTED WATER. Water not containing any pollutants limited or prohibited by the effluent standards in effect or water whose discharge will not cause any violation of receiving water quality standards.

USER. Any person contributing wastewater to the public sewer system as provided in these regulations. WASTE. Any discharge into the public sewer system that contains pollutants.

WASTEWATER. The liquid and water-carried industrial or domestic wastes from dwellings, commercial

buildings, industrial facilities, or institutions, together with any groundwater, surface water that may be present, whether treated or untreated, which is discharged into or permitted to enter the city's treatment works.

WASTEWATER TREATMENT SYSTEM or PUBLICLY OWNED TREATMENT WORKS (POTW). Any

device, facility, structure, or equipment owned or used by the city for the purpose of the transmission, storage, treatment, recycling, or reclamation of industrial and domestic wastes necessary to recycle or reuse water, including

intercepting sewers, outfall sewers, sewer collections systems, pumps, power plants, and other equipment, and their appurtenances, extensions, improvements, remodeling, additions, and alterations thereof; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.

(Ord. 895 C.S., passed 3-21-12)

(A) Prohibitions on discharge. Wastewater which contains any of the following shall not be discharged into a public sewer:

(1) Explosive mixtures. Prohibited materials include gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides, or other flammable or explosive liquid, solid, or gas with a closed cup flashpoint of less than 140°F or 60°C using the test methods specified in 40 C.F.R. § 261.21;

(2) Noxious materials. Noxious solids, liquids, or gases, which, either singly or by interaction with other wastes, are capable of creating a hazard to life, or prevent entry into a public sewer for its maintenance and repair;

(3) Improperly shredded garbage. Garbage that has been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers;

(4) Radioactive wastes. Radioactive wastes or isotopes that violate regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the wastewater treatment system or to personnel operating the system;

(5) Solid or viscous wastes. Solid or viscous wastes which will or may cause obstruction to the flow in a public sewer resulting in interference. Prohibited materials include, but are not limited to, uncomminuted garbage, animal guts or tissues, paunch manure, earth, bones, feathers, ashes, cinders, sand, spent lime, cement, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, and similar substances;

(6) Excessive discharge rate. Wastewaters at a flow rate or containing such concentrations or quantities of pollutants, including oxygen demanding pollutants, (e.g., BOD), that exceed for any time period longer than 15 minutes more than five times the average 24-hour concentration, or quantities of flow and/or pollutant concentration during normal operation that would cause a treatment process upset and subsequent loss of treatment efficiency;

(7) Toxic substances. Toxic substances in amounts exceeding standards promulgated by the Administrator of the U.S. Environmental Protection Agency pursuant to Section 307(a) of the Act, or as established by the city; and chemical elements or compounds, phenols or other taste or odor-producing substances, or any other substances which are not susceptible to treatment or which may interfere with the treatment processes or efficiency of the treatment system, and therefore will be unsuitable for reclamation and reuse;

(8) Unpolluted waters. Any unpolluted water including, but not limited to, water from cooling systems or of storm water origin, which will increase the hydraulic load on the wastewater treatment system;

(9) Corrosive wastes. Any wastes which will cause corrosion or deterioration of the treatment system. All wastes discharged to the public sewer system must have a pH value in the range of six to ten standard units. Prohibited materials include, but are not limited to, acids, sulfides, concentrated chloride and fluoride compounds, and substances which will react with water to form acidic products;

(10) Temperature. Any waste having a temperature higher than 104°F (40°C);

(11) Oil and grease. Any waste containing more than 300 mg/l of oil and grease;

(12) Limitations on point of discharge. No user shall discharge any substances directly into a manhole or other opening in a public sewer other than through an approved building sewer, or specifically designated outside discharge

point, unless the owner has been issued a permit by the Director of Public Works;

(13) Cannery wastes. Any fruit or vegetable processing wastes or any other processing plant wastes which are retained on a screen having 20 meshes per square inch; or

(14) Trucked or hauled pollutants. Any trucked or hauled pollutants, except at discharge points designated by the POTW.

(B) Limitations on discharge.

(1) Allowable limits of BOD and TSS to be discharged to the public sewer shall be determined by the Director. Limits will be based upon wastewater treatment plant design capacity and volume of flow from the discharger. No user shall discharge wastewater containing excessive amounts of BOD or TSS (based on 24-hour composite sample) without a valid wastewater discharge permit.

(2) Except where expressly authorized to do so by pretreatment standards or requirements, no IU shall ever increase the use of process water, or in any other way attempt to dilute a discharge for the purpose of reducing pollutant concentration levels, as a partial or complete substitute for adequate treatment to achieve compliance with pretreatment requirements.

(C) Incompatible pollutants. To protect the wastewater treatment system, to prevent the discharge of pollutants which would pass through the wastewater treatment system without sufficient treatment, to prevent contamination of recovered by-products produced by the wastewater treatment system, and so as not to cause the city to violate applicable state and federal regulations and requirements, all users discharging into a public sewer shall be required to remove incompatible pollutants which cause pass through or interference from their waste.

(1) Any user requesting a permit to discharge to the sewer system shall conduct a sampling and laboratory analyses program to the satisfaction of the city to establish the quantities and concentrations of incompatible pollutants. At the option of the city, the analyses may include, but not be limited to, measurement of arsenic, barium, cadmium, calcium, chemical oxygen demand, copper, cyanide, fluoride, iron, lead, magnesium, mercury, methyl blue active substances, nickel, nitrogen, potassium, radioactivity, silver, sodium, total chromium, total filterable residue, toxicity, zinc, chlorinated hydrocarbons, and phenolic compounds.

(2) The city will evaluate the probable impact of the discharge on the operation of the wastewater treatment system, the ability of the system to meet its effluent limitations, and the impact on recoverable by-products. The city may then establish specific limitations on any incompatible pollutants as the city determines necessary.

(3) However, in no case shall a user discharge wastewater containing an excess of:

(4) Notwithstanding the above requirements, all users discharging into publicly owned treatment works are required to remove incompatible pollutants from their waste in conformance with national pretreatment standards as issued by the U.S. Environmental Protection Agency.

(D) State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in these regulations.

(E) Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the federal standard shall supersede the limitations imposed in these regulations if the federal standard is more stringent than limitations imposed under these regulations. The National Categorical Pretreatment Standards, located in 40 C.F.R. Ch. I, subch. N, pts. 405 - 471, are hereby incorporated into these regulations. The Director shall notify all affected users of the applicable reporting requirements under 40 C.F.R. § 403.12.

(F) Discharge reports. The Director may require that any person discharging wastewater into a city sewer file a periodic discharge report. The discharge report may include, but need not be limited to, nature of process, volume, rates of flow, mass emission rate, production quantities, hours of operation, number and classification of employees, or other information which relates to the generation of waste including wastewater constituents and characteristics in the wastewater discharge. Such reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on site even though they may not normally be discharged. In addition to discharge reports, the city may require information in the form of wastewater discharge permit applications and self-monitoring reports.

(G) Negligence through equipment or waste – right to discontinue service. The city may refuse to furnish sewer service and may discontinue all services to any premises where apparatus, appliances, or equipment using water is found by the Director to be dangerous or unsafe or where the use of water on such premises is found by the Director to be detrimental or injurious to the sewer service furnished by the city to other premises, or where the Director finds that negligent or wasteful use of water exists on any premises which affects the city's sewer service. (Ord. 895 C.S., passed 3-21-12)

(A) Duty of Public Works Department. The Public Works Department of the city by and through its Director or his or her designee is charged with the duty of enforcing these regulations, or causing their enforcement by other city departments or other agencies, including county jurisdiction, when necessary.

(B) Disconnection for violation. In the event of violation of any provisions of these regulations, the Director may disconnect any premises from the sewer system after first notifying in writing the person causing, allowing, or committing such violation, specifying the violation and, if applicable, the time after which (upon failure of such person to prevent or rectify the violation) the Director shall exercise his or her authority to disconnect the premises from the sewer system, provided that such time shall not be less than five days after the date of presentation of such notice, provided further that in the event such violation results in a public hazard, menace, or nuisance, then the Director may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such condition, and the reasonable costs of the things done and the amounts expended in so doing shall be a charge upon the person so in violation.

(C) Duty to collect charges. The City Finance Director and all other appropriate city officers, agents, or employees shall promptly, efficiently, and economically take all steps, actions, or remedies necessary for the collection of the penalties as provided in these regulations.

(D) Right of entry for inspections. The officers, employees, and inspectors of the Public Works Department of the city shall have the right to enter upon the premises of any person at reasonable hours to inspect and to determine compliance with this division.

(E) Submission of time schedule. When the city finds that a discharge of wastewater has occurred or may occur in violation of this division or in violation of a wastewater discharge permit, the city may require the owner to submit for approval a detailed time schedule of specific actions which the owner shall take to prevent or correct the violation.

(F) Falsifying information. Any person who knowingly makes any false statements, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to these regulations or wastewater contribution permit or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these regulations, shall, upon conviction, be guilty of a misdemeanor and punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both.

(G) Public nuisance. Waste or wastewater discharge, threatened waste or wastewater discharge, or any violation of these regulations is hereby declared to be a public nuisance. Such nuisance may be abated, removed, or enjoined and damages assessed therefor, in any manner provided by law.

(H) Civil/criminal penalties. Every industrial user shall be civilly and criminally liable to the city in at least the amount of $1,000 per day for each act in violation of these pretreatment standards and regulations.

(I) Misdemeanor. Any person violating any of these regulations shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by imprisonment in the county jail for a term not to exceed six months, or by a fine of $1,000 or by both such imprisonment and fine. Every day such violation continues shall constitute a separate offense.

(J) Remedies cumulative. The remedies provided for in these regulations shall be cumulative and not exclusive, and shall be in addition to any and all other remedies available to the city.

(K) Appeals.

(1) Any user, permittee, applicant, or other person aggrieved by any decision, action, finding, determination, order, or directive of the Director, made or authorized pursuant to the provisions of this division, or relating to any permit issued pursuant to said division, or interpreting or implementing the same, may file a written request with the Director for reconsideration thereof within ten days of such decision, action, finding, determination, or order, setting forth in detail the facts supporting such user's or person's request for reconsideration. The Director shall render a final decision within ten days of receipt of such request for consideration.

(2) Any user, permittee, applicant, or other person aggrieved by the final determination of the Director may appeal such determination to the City Council within ten days after notification of the final determination of the Director, and shall set forth in detail the facts and reasons supporting the appeal. The appeal shall be heard by the City Council within 30 days from the date of filing the notice of appeal. Upon conclusion of the hearing, the Council may affirm, reverse, or modify the final determination of the Director as the Council deems just and equitable, and in furtherance of the provisions, purposes, and intent of these regulations. During the pendency of any such appeal, the final determination of the Director shall remain in full force and effect. The Council's determination on the appeal shall be final.

(Ord. 895 C.S., passed 3-21-12; Am. Ord. 1004 C.S., passed 11-15-23)

(A) Wastewater discharge permits. All industrial users proposing to connect to or to discharge into a public sewer shall obtain a wastewater discharge permit from the city before connecting to or discharging into said public sewer. All existing industrial users connected to or discharging into a public sewer shall obtain a wastewater discharge permit within 90 days after the effective date of these regulations.

(B) Permit application. Users seeking a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city, and accompanied by the applicable fees.

(1) The applicant may be required to submit, in units and terms appropriate for evaluation, the following information.

• (a) Name, address, and standard industrial classification number of applicant.

• (b) Volume of wastewater to be discharged.

• (c) Wastewater constituents and characteristics including, but not limited to, those mentioned in sections of these regulations as determined by a laboratory approved by the city.

• (d) Time and duration of discharge.

• (e) Average and 30-minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any.

• (f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location, and elevation.

• (g) Description of activities, facilities, and plan processes on the premises including all materials, processes, and types of materials which are, or could be, discharged.

• (h) Each product produced by type, amount, and rate of production.

• (i) Number and type of employees, and hours of work.

• (j) Any other information as may be deemed by the Director of Public Works to be necessary to evaluate the permit application.

(2) The Director of Public Works will evaluate the data furnished by the applicant and may require additional information. After evaluation and approval of the application, the Director may issue a wastewater discharge permit subject to the terms and conditions provided herein.

• (C) Permit conditions. Permits must contain, but not be limited to, the following:

• (1) The average and maximum wastewater constituents and characteristics;

• (2) Limits on rate and time of discharge or requirements for flow regulations and equalization;

• (3) Requirements for installation or inspection, flow metering, and sampling facilities;

• (4) Pretreatment requirements;

• (5) Specifications for monitoring programs including identification of pollutants to be monitored, sampling locations, frequency and method of sampling, number, types, and standards for tests, and reporting schedule;

• (6) Requirements for submission of technical reports or discharge reports;

• (7) Requirements for maintaining and retaining plant records for a minimum of three years relating to wastewater discharge as specified by the city, and affording the city the right to inspect and copy such records;

• (8) Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants (as

• defined by § 5-4.05(C)) are proposed or present in the user's wastewater discharge;

• (9) Compliance schedule;

• (10) Permit fee as established by Council resolution;

• (11) Other conditions as deemed appropriate by the Director of Public Works to ensure compliance with these regulations; and

• (12) Statement of applicable civil and criminal penalties for violation of standards, requirements, or compliance schedules.

(D) Duration of permit. Permit shall be issued for a specified time period, not to exceed five years. The terms and conditions of the permit may be subject to modification and change by the city during the life of the permit as limitations or requirements are modified and changed. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a time schedule for compliance.

(E) Transfer of permit. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new user, different premises, or a new or changed operation. A new wastewater discharge permit will be required for a new user, a different location, or a new or changed operation.

(F) Notification of changed discharge. All IUs, permitted and nonpermitted, shall promptly notify the POTW in advance of any substantial change in the volume, character, or constituents of the pollutants in their discharge, or any facility changes affecting the potential for a slug discharge.

(G) Revocation of permit. Any user who violates the following conditions of the permit, or who violates applicable state and federal regulations, is subject to having his or her permit revoked.

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

(2) Failure of the user to report significant changes in operations or wastewater constituents and characteristics;

or

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

(H) Permit denial/condition. The city reserves the right as to any IUs to deny or condition a permit due to new source or increased contribution of pollutants or change in the nature of pollutants where these contributions do not meet these pretreatment standards and requirements, or when these contributions would cause the POTW to violate its waste discharge requirements.

(I) Monitoring facilities. The city may require the user to construct, at its own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems and may also require sampling or metering equipment to be provided, installed, and operated at the user's expense. The monitoring facility shall be situated on the user's premises unless exemption from this requirement is granted by the city.

(1) The monitoring facility shall include accommodations to allow access by city personnel, such as a cover secured with a city lock. There shall be ample room in or near such monitoring facilities to allow accurate sampling, flow measuring, and compositing of samples for analysis. The monitoring facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

(2) The sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable construction standards and specifications. Construction shall be completed within 90 days following written notification by the Director, unless a time extension is otherwise granted by the Director.

(J) Inspection and sampling. The city may inspect the facilities of any user to ascertain whether the provisions of these regulations are being met and all requirements are being complied with. The user shall allow the city or its agents ready access at all reasonable times to all parts of the premises for the purposes of inspection or sampling in the performance of any of their duties. The city shall have access to inspect and copy records. The city shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. All wastewater sampling and analyses shall be conducted using the methods, procedures, and requirements set forth in 40 C.F.R. pt. 136.

(K) Monitoring and analysis to demonstrate continued compliance. Except in the case of non-significant categorical users, the reports required in 40 C.F.R. §§ 403.12(b), (d), (e), and (h) shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the city, of pollutants contained therein which are limited by the applicable pretreatment standards. This

sampling and analysis may be performed by the city in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under 40 C.F.R. §§ 403.12(b)(6) and (d). In addition, where the POTW itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.

(1) The industrial user shall incorporate, record, and report any economically practical best management practices that reduce the volume and/or toxicity of wastes generated.

(2) If sampling performed by an industrial user indicates a violation, the user shall notify the city within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within 30 days after becoming aware of the violation. Where the city has performed the sampling and analysis in lieu of the industrial user, the city must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Resampling is not required if:

(a) The city performs sampling at the industrial user at a frequency of at least once per month; or

(b) The city performs sampling at the industrial user between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling.

(L) Compliance progress reporting. As specified in 40 C.F.R. § 403.12(c), nonpermitted users may be required to submit compliance schedules and technical or discharge reports prior to installation of pretreatment facilities or obtaining a permit.

(M) Categorical IU reporting requirements. In addition to reporting requirements outlined in § 5-4.07(C), each categorical IU is required to submit to the city a baseline monitoring report (BMR), a report on compliance with the industry's categorical deadline, a compliance schedule progress report, or periodic compliance report as specified in 40 C.F.R. §§ 403.12(b) - (h). Reports must be signed and certified as specified in 40 C.F.R. § 403.12(l).

(N) Notice of noncompliance. Every IU is required to notify the city within 24 hours and resample the discharge for any violation, as evident by the IU sampling, of the pretreatment standards and requirements. The resampling results must be submitted to the city within 30 days of the violation.

(O) Public notice of significant noncompliance. IUs found to be in significant noncompliance with these pretreatment requirements during the previous 12 months shall be subject to at least annual public notification in the largest daily newspaper published in the municipality. The city will publish details of significant noncompliance by any and all IUs in the local newspaper or a newspaper of general circulation during January of each year. All cost relating to said annual publication shall be borne by the subject IUs. For the purposes of this provision, a significant industrial user or any industrial user which violates paragraphs 40 C.F.R. §§ 403.8(f)(2)(viii)(A) - (H) is in significant noncompliance.

(P) Pretreatment. Users shall make wastewater acceptable under the limitations established herein before discharging to any public sewer. Any facilities required to pretreat wastewater to meet these regulations shall be provided and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating and maintenance procedures shall be submitted to the city for review, and must be acceptable to the city before construction of the facility. The review of such plans and operation and maintenance procedures will in no way relieve the user from the responsibility of modifying the facility, as necessary, to produce an effluent acceptable to the city under the provisions of these regulations. Any subsequent changes in the pretreatment facilities or method of operation shall be reported in writing to and be acceptable to the city.

(Q) Protection from accidental discharge.

(1) Each user shall provide procedures and facilities for protection of the sewer system from accidental discharge of prohibited materials or other pollutants restricted by these regulations. Such facilities shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review and shall be acceptable to the city before construction of the facility.

(2) The review of such plans and operation procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this section.

(R) Slug discharge control.

(1) The POTW will evaluate the need to implement a plan to control slug discharges within a year of a discharger being designated as an SIU. If it is decided that a plan is needed, the plan shall contain, as a minimum, the following items:

• (a) Description of discharge practices, including nonroutine batch discharges;

• (b) Description of stored chemicals;

(c) Procedures for immediately notifying the POTW of any accidental or slug discharge which cause pass

through or interference, pollutants which create a fire or explosion hazard, cause corrosive structural damage, have a pH lower than 5.0, solid or viscous pollutants which will cause obstruction to the POTW flow, pollutants (including oxygen demanding pollutants) released at a flow rate and/or pollutant level which will cause interference with the POTW, heat in amounts which will inhibit biological activity in the POTW or present in such quantities that the temperature at the treatment plant exceeds 40°C, oils (petroleum, non-biodegradable cutting oil, or products of mineral oil) in quantities that will cause interference or pass through, pollutants which result in the presence of toxic gases, vapors, or fumes at a level that may cause acute worker health and safety problems, and discharge of any trucked or hauled pollutants except at discharge points designated by the POTW; and

(d) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic pollutants (including solvents), and/or measures and equipment for emergency response. Slug control requirements must be referenced in SIU control mechanisms.

(2) The POTW will re-evaluate each SIU at least once every two years to determine the need for a slug discharge control plan.

(S) Notification of discharge.

(1) All users shall immediately notify the city upon accidental or slug discharging wastes in violation of these regulations to enable countermeasures to be taken by the city to minimize the damage to the public sewer, treatment facility, treatment processes, and the receiving waters.

(2) This notification shall be followed, immediately, on the day of occurrence by the submission to the city of a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence. Such notification will not relieve users of liability for any expense, loss, or damage to the public sewer, treatment plant, or treatment process, or for any fines imposed on the city on account thereof.

(T) Notification of hazardous waste discharge. All IUs must notify, in writing, the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities of any discharge into the POTW of a substance which would be classified as hazardous waste by 40 C.F.R. pt. 261.

• (1) The notification must include, at a minimum, the following:

• (a) The name of the hazardous waste material;

• (b) The EPA hazardous waste number; and

(c) The type of discharge. If the IU discharges more than 100 kilograms of such waste per calendar month to

the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the IU:

• (i) An identification of the hazardous constituents contained in the wastes.

(ii) An estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month.

(iii) An estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months.

(2) All notification must take place within 180 days of the effective date of this section.

(U) Notice to employees. To inform the employees of the user of the city's requirement, users shall make available to their employees copies of these regulations and together with such other wastewater information and notices which may be furnished by the city from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of an accidental discharge in violation of these regulations.

(V) Confidential information. Unless the user requests otherwise, all information and data from reports,

questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public.

(1) If the user is able to demonstrate to the satisfaction of the city that the release of the above information would divulge proprietary processes, trade secrets, or information that would be detrimental to the user's competitive position, such information, with the exception of effluent data, may be considered confidential and withheld from the public.

(2) The user's effluent data wastewater constituents and characteristics are considered not confidential and shall be made available to the public without restriction.

(W) Special agreements. Special agreements and arrangements between the city and any user may be established when, in the opinion of the city, unusual or extraordinary circumstances compel special terms and conditions. However, pretreatment standards in special agreements between the city and users shall not exceed national pretreatment standards.

(X) Severability. If any provision, paragraph, word, section, or article of these regulations is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect.

(Ord. 895 C.S., passed 3-21-12)

(A) Background study and review. The background of the company, including flow, type, and adequacy of the pretreatment system and previous enforcement information will be studied and reviewed by the Director of Public Works and staff, then formally summarized.

(B) Issuance of a mandatory compliance meeting notice. Within ten days from completion of the background review and evaluation, § 5-4.08(A), the Director of Public Works will notify the company by letter of a mandatory compliance meeting to be held within 20 days from the issuance of the letter.

(C) Detailed inspection. A detailed inspection of the industry will be conducted by the Director of Public Works, the Wastewater Treatment Plant Supervisor or an assigned engineer, and the staff member assigned to make industrial waste inspections to investigate the cause of noncompliance. The inspection will be performed prior to conducting the compliance meeting.

(D) Mandatory compliance meeting. A compliance meeting will be conducted between city staff (Director of Public Works, the Wastewater Treatment Plant Supervisor and/or assigned engineer, and the person assigned to make industrial waste inspections) and the company's managerial staff. During the meeting, findings of the detailed inspection (§ 5-4.08(C)) and possible causes of noncompliance will be discussed. In addition, requirements for compliance will be set forth for implementation by the company.

(E) Issuance of mandatory compliance requirement letter. Following the compliance meeting, the Director of Public Works will send a letter requiring a compliance proposal from the company. The Director's proposal shall be

due within 30 days after mailing of the letter and may be required to include such items as wastewater characterization study, drawings for spill containment, manufacturing processes, treatment processes, additional pretreatment equipment, etc.

(F) Submitted compliance proposal evaluation. The compliance proposal submitted by the company will be evaluated by the Director of Public Works and staff. If the company can demonstrate satisfactorily that it will achieve constant compliance through a 60-day implementation period, issuance of an enforcement compliance schedule agreement (ECSA) will not be necessary. This will be ascertained through multiday and/or additional routine sampling. If the multiday sampling indicates noncompliance with discharge requirements, further corrective actions will be necessary to bring the company into compliance and issuance of an ECSA will be required.

(G) Issuance of ECSA. The ECSA will be issued within 15 days after determination is made that additional corrective actions are necessary to bring the company into compliance. The previous evaluation conducted by city staff will be used to determine the terms of the compliance schedule.

(H) Compliance with terms of an ECSA.

(1) If a company has completed the terms of its ECSA and multiday sampling results indicate compliance with permit limitations, the company will be placed on (or returned to) a routine sampling to assure continued discharge compliance. If multiday sampling indicates noncompliance, a cease and desist order will be immediately issued by the Director of Public Works, and a permit revocation hearing will be scheduled within five days.

(2) The Director of Public Works will respond to the company in writing within 15 days of the hearing giving the results and his or her decision. If the decision is to revoke the permit, the Director will immediately order disconnection from the sewer system in accordance with § 5-4.06(B). The Director may, at any time or at any point in the enforcement proceedings, require implementation of any of the remedies provided for in this municipal code including, but not limited to, disconnection from the sewer system. The Director may also suspend the proceedings at any time during the process if it is proven that the industry has achieved continual compliance.

(I) Enforcement of other violations.

(1) When an industry has not submitted self-monitoring reports by 15 days after the due date, the Director will issue a compliance letter within a 30-day deadline. If the company fails to submit the report or furnish proof that they have submitted samples to their lab within 30 days from the mailing of the letter, then the Director will schedule a permit revocation hearing within five days.

(2) The Director shall immediately schedule permit revocation hearings for any industrial user who willfully fails to report significant changes in operations or wastewater constituents and characteristics, or who fails to factually report the wastewater constituents and characteristics of his or her discharge, or who knowingly falsifies information or tampers with equipment, or who refuses reasonable access to the user's premises for the purpose of inspection or monitoring. The Director may also cause legal staff to file court action to seek civil and/or criminal penalties. (Ord. 895 C.S., passed 3-21-12)

Any property or premises located partially or entirely outside the city shall not be permitted to connect onto the sewer system of the city until after due application is made therefor pursuant to such procedure as shall be prescribed by resolution of the Council.

('61 Code, § 5-4.15) (Ord. 42 C.S., passed 3-6-63)

The monthly rates to be charged and collected for the use of the sewer facilities of the city by premises located partially or entirely outside the city shall be established by the Council by resolution. ('61 Code, § 5-4.16) (Ord. 42 C.S., passed 3-6-63)

The procedure required for the application and processing of requests by properties located partially or entirely outside the city for connections onto the city sewer system shall be established by the Council by resolution. ('61 Code, § 5-4.17) (Ord. 42 C.S., passed 3-6-63)

The fees to be charged properties located partially or entirely outside the city for permission to connect onto the city sewer system, and the installation costs thereof, shall be established by the Council by resolution. ('61 Code, § 5-4.18) (Ord. 42 C.S., passed 3-6-63)

It shall be unlawful for any person to perform the work or connect onto the city sewer system. The city, by and through its Sewer Department, shall make all connections onto the city sewer system. ('61 Code, § 5-4.19) (Ord. 42 C.S., passed 3-6-63)