Merced Municipal Code Ch. 15.29 Industrial Users

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Editor's note— Ord. No. 2402, § 5, adopted Dec. 17, 2012, amended Ch. 15.29 in its entirety to read as herein set out. Former Ch. 15.29, §§ 15.29.010—15.29.220, pertained to similar subject matter, and derived from 1489, § 1, adopted 1983; Ord. 1747A, §§ 18—23, adopted 1989; and Ord. 1756, §§ 1—3, adopted 1990.

All significant industrial users proposing to connect to or to discharge to the POTW shall obtain a wastewater discharge permit from the city before connecting to or discharging to the POTW. All existing significant industrial users connected to or discharging to the POTW shall obtain a wastewater discharge permit within ninety (90) days after the effective date of the ordinance codified in this chapter.

(Ord. No. 2402, § 5, 12-17-2012)

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. 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 15.24.090 and 15.24.110 as determined by a laboratory approved by the city;

D. Time and duration of discharge;

E. Average and thirty-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 plant process 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 city engineer to be necessary to evaluate the permit application.

The city engineer will evaluate the data furnished by the applicant and may require additional information. After evaluation and approval of the application by the city engineer, the city engineer may issue a wastewater discharge permit subject to terms and conditions provided herein.

(Ord. No. 2402, § 5, 12-17-2012)

Wastewater discharge permits may contain, but are not limited to, the following provisions:

A. A statement of duration;

B. A statement that the wastewater discharge permit is not transferable without prior notification to the city and provision of the existing wastewater discharge permit to the new owner or operator;

C. Effluent limitations, including best management practices;

D. Limits on rate and time of discharge or requirements for flow regulations and equalization;

E. Requirements for installation of inspection, flow metering, and sampling facilities;

F. Pretreatment requirements;

G. Self-monitoring, sampling, reporting and notification requirements, including, but not limited to, sampling locations, sampling frequency, method of sampling, number of samples, sample types, standards for sampling and analyses, and reporting schedules;

H. Requirements for submission of technical reports or discharge reports;

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

J. Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants are proposed or present in the user's wastewater discharge;

K. Compliance schedules;

L. Requirements to control slug discharges;

M. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements;

N. Other conditions as deemed appropriate by the city engineer to insure compliance with this division and state and federal laws, rules and regulations.

(Ord. No. 2402, § 5, 12-17-2012)

Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. At least ninety (90) days prior to the expiration of the permit, the user shall reapply and pay applicable fees for the renewal of the permit in accordance with the provisions in this chapter. If the permit is not renewed prior to the expiration of the permit through no fault of the user, the permit shall be extended for up to one (1) additional year provided that the user has submitted a timely application for renewal and has paid all applicable fees.

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/her permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a time schedule for compliance.

(Ord. No. 2402, § 5, 12-17-2012)

Wastewater discharge permits are issued to a specific user for a specific operation and are not assignable or transferable to a new owner, new user, different premises or a new or changed operation without the prior written approval of the city. However, nothing in this section shall be construed to prevent the application of the terms and conditions of this chapter, including enforcement penalties, from applying to a succeeding owner or user or successor in interest or other assigns of a permit holder.

(Ord. No. 2402, § 5, 12-17-2012)

The city may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

A. Failure of the user to factually report the wastewater constituents and characteristics of the discharge;

B. Failure of the user to report, with reasonable advance notice, significant changes in operations or wastewater constituents and characteristics;

C. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;

D. Violation of conditions of the permit; or

E. Failure to pay fees and charges or penalties established by this division.

(Ord. No. 2402, § 5, 12-17-2012)

The city may deny the issuance of a wastewater discharge permit for any of the following reasons:

A. An incomplete permit application;

B. Failure to respond to a request for additional information in a timely manner;

C. Submittal of false or inaccurate data or information;

D. The user's discharge may harm the POTW, the city's employees, the public or the environment or may cause a nuisance; or

E. The user's pretreatment facilities are inadequate to protect the POTW or to achieve compliance with the standards and requirements in this division.

Denial of permit does not allow said user to discharge without a permit.

(Ord. No. 2402, § 5, 12-17-2012)

The city may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

A. To incorporate any new or revised federal, state or local pretreatment standards or requirements;

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

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

D. Information indicating that the permitted discharge poses a threat to the POTW, POTW personnel or the receiving waters;

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

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

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

H. To reflect a transfer of facility ownership or operation to a new owner or operator where requested in accordance with Section 15.29.050.

The user shall be informed of any modifications to its wastewater discharge permit at least thirty (30) days prior to the effective date of the modification. Any permit modifications which result in new conditions in the permit shall include a reasonable time schedule for compliance if necessary.

(Ord. No. 2402, § 5, 12-17-2012)

A. The city may require the user to construct, at his 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.

B. 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.

C. 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 ninety (90) days following written notification by the city, unless a time extension is otherwise granted by the city.

(Ord. No. 2402, § 5, 12-17-2012)

The city may inspect the facilities of any user to ascertain whether the provisions of this division 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 the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. Where the user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city will be permitted to enter without delay for the purposes of performing their specific responsibilities.

The city shall also have the right to inspect and copy any records kept by the user in connection with his wastewater discharge, materials removed therefrom, or materials that could be discharged but are otherwise disposed of. Production data, when required to determine compliance with discharge standards, shall also be subject to inspection and copying by the city.

(Ord. No. 2402, § 5, 12-17-2012)

A. All reports required by this chapter and all applications for a wastewater discharge permit submitted pursuant to this chapter shall contain the following certification statement signed in accordance with Section 15.29.170:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

B. All facilities determined to be a non-significant categorical industrial user must annually submit the following certification statement signed by an authorized representative:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR _______, I certify that, to the best of my knowledge and belief that during the period from _______ to _______ [month, days, year]:

(a) The facility described as _______ [facility name] met the definition of a non-significant categorical industrial user;

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

(c) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information:

_____

_____

(Ord. No. 2402, § 5, 12-17-2012)

A. Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing users subject to categorical pretreatment standards currently discharging or scheduled to discharge to the POTW shall submit to the city a report which contains the information listed in paragraph B, below. At least ninety (90) days prior to commencement of a discharge, new sources and sources that become subject to categorical pretreatment standards subsequent to the promulgation of an applicable categorical pretreatment standard, shall submit to the city a report which contains the information listed in paragraph B, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants to be discharged.

B. Reports required pursuant to paragraph A above shall contain the following information:

1. The name and address of the facility, including the name of the operator and owners;

2. A list of any environmental control permits held by or for the facility;

3. A brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by the industrial user, including a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;

4. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

a. Regulated process streams; and

b. Other streams as necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e).

5. The pretreatment standards applicable to each regulated process.

6. The results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each regulated process. The sample shall be representative of daily operations. Where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, documentation to determine compliance with the standard.

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

b. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the industrial user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data shall be submitted to the city;

c. Sampling and analysis shall be performed in accordance with Section 15.29.150;

d. The city may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;

e. The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

7. A statement reviewed by the industrial user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required to meet the pretreatment standards and requirements.

8. If additional pretreatment and/or operation and maintenance will be required to meet pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or operation and maintenance must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to any compliance schedule required pursuant to this section:

a. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical pretreatment standards.

b. No increment referred to in subparagraph 1 above shall exceed nine (9) months.

c. Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the city, including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the city.

9. All baseline monitoring reports must be certified in accordance with Section 15.29.110A of this chapter and signed by an authorized representative.

(Ord. No. 2402, § 5, 12-17-2012)

Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards and requirements shall submit to the city a report containing the information described in paragraphs B(4)—(6) of Section 15.29.120. For industrial users subject to equivalent mass or concentration limits established by the city in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the industrial user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period.

(Ord. No. 2402, § 5, 12-17-2012)

Any industrial user subject to a categorical pretreatment standard shall, at a frequency determined by the director, submit no less than twice per year reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the industrial user must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the industrial user.

(Ord. No. 2402, § 5, 12-17-2012)

A. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report required by this chapter shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using analytical methods approved by EPA, California Department of Health Services, or the California State Water Resources Control Board.

B. Samples collected to satisfy the reporting requirements in this chapter must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

C. Except as indicated in subsections (a) and (b) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the director. Where time-proportional composite sampling or grab sampling is authorized by the director, the samples must be representative of the discharge. Using protocols specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

a. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

b. For sampling required in support of baseline monitoring and ninety-day compliance reports, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist. For facilities for which historical sampling data are available, the director may authorize a lower minimum. For periodic reports on continued compliance and reports for significant industrial users not subject to categorical pretreatment standards, the user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

(Ord. No. 2402, § 5, 12-17-2012)

Industrial users subject to reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter or any wastewater discharge permit, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with any best management practices required by this chapter or any wastewater discharge permit. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. The records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation (through final judgment and all appeals) concerning the industrial user or the city, or where the industrial user has been specifically notified of a longer retention period by the city.

(Ord. No. 2402, § 5, 12-17-2012)

All reports submitted pursuant to this chapter shall be signed by an authorized representative.

(Ord. No. 2402, § 5, 12-17-2012)

Industrial users shall provide wastewater treatment as necessary to comply with this division and shall achieve compliance with all national pretreatment standards, pretreatment requirements and the requirements of this division. Any facilities required to pretreat wastewater to meet the requirements of this division shall be provided, operated and maintained at the industrial 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 industrial user from the responsibility of modifying the facility, as necessary, to produce a discharge acceptable to the city under the provisions of this division. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city.

(Ord. No. 2402, § 5, 12-17-2012)

Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no industrial user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The city may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate.

(Ord. No. 2402, § 5, 12-17-2012)

A. Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this division. Such facilities shall be provided and maintained at the industrial 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.

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

(Ord. No. 2402, § 5, 12-17-2012)

The city may require any industrial user to develop, submit for approval, and implement a plan to control slug discharges or to take such other actions that may be necessary to control slug discharges. Any slug discharge control plans required pursuant to this section shall contain, at a minimum, the following elements:

a. A description of discharge practices, including non-routine batch discharges;

b. A description of stored chemicals;

c. Procedures for immediately notifying the city of slug discharges, including any discharges that would violate the discharge prohibitions in Chapter 15.24; and

d. Procedures to prevent adverse impacts from accidental spills, including 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 organic pollutants, including solvents, and/or measures or equipment for emergency response.

(Ord. No. 2402, § 5, 12-17-2012)

Industrial users shall immediately notify the city by telephone upon the occurrence of an accidental discharge, slug discharge, or any other discharge that has the potential to cause problems to the POTW or the treatment process. The notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.

This notification shall be followed, within five (5) days of the date of occurrence, by the submission to the city of a detailed written statement describing the causes of the discharge and the measures being taken to prevent future occurrence. Such notification will not relieve industrial users of liability for any expense, loss, damage, fines, penalties or other liability which might be incurred by the city as a result of the industrial user's discharge nor shall such notification relieve the industrial user of any fines, penalties, or other liability which may be imposed pursuant to this division.

(Ord. No. 2402, § 5, 12-17-2012)

All industrial users must notify the city prior to any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under Section 15.29.240.

A. The city may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 15.29.020.

B. The city may issue a wastewater discharge permit or modify an existing permit in response to changed conditions or anticipated changed conditions.

(Ord. No. 2402, § 5, 12-17-2012)

An industrial user shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than one hundred (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 industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place within one hundred eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 15.29.230. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of this chapter.

(Ord. No. 2402, § 5, 12-17-2012)

If sampling performed by an industrial user indicates a violation, the industrial user must notify the city by telephone within twenty-four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within thirty (30) days of becoming aware of the violation. Repeat sampling and analysis shall not be required where the city performs the required sampling and analysis in lieu of the industrial user unless the city notifies the user of the violation and requires the user to perform the repeat sampling and analysis.

(Ord. No. 2402, § 5, 12-17-2012)

Industrial users shall inform their employees of the city's pretreatment requirements by making available to their employees copies of this division, 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 industrial user's bulletin board advising employees whom to call in case of an accidental discharge in violation of this division.

(Ord. No. 2402, § 5, 12-17-2012)

A. All information and data obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes, or methods which would be detrimental to the user's competitive position.

B. When requested, and if agreed to by the city, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to governmental agencies for use in making studies; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the user furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

(Ord. No. 2402, § 5, 12-17-2012)

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. Notwithstanding promulgation of any special agreement or arrangement, all industrial users discharging into a POTW are required to remove incompatible pollutants from their wastewater in conformance with national pretreatment standards.

(Ord. No. 2402, § 5, 12-17-2012)

At least annually the POTW shall publish in a newspaper of general circulation that provides meaningful public notice within the city a list of all industrial users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment requirements as required by 40 CFR Section 403.8(f)(2)(viii).

(Ord. No. 2402, § 5, 12-17-2012)

The city may impose administrative civil penalties pursuant to California Government Code Section 54740.5 (or its successor statute) when any industrial user violates any provision of this chapter, any term or condition of a wastewater discharge permit or any order issued pursuant to this chapter, or any other pretreatment standard or requirement.

Civil penalties may be imposed by the city as follows:

A. In an amount up to two thousand dollars ($2,000.00) for each day for failing or refusing to furnish technical or monitoring reports.

B. In an amount up to three thousand dollars ($3,000.00) for each day for failing or refusing to timely comply with any compliance schedule established by the city.

C. In an amount up to five thousand dollars ($5,000.00) per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued or adopted by the city.

D. In an amount up to 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.

(Ord. No. 2402, § 5, 12-17-2012)

A. Whenever the city finds that any industrial user has engaged in conduct which justifies imposition of civil penalties, the city shall serve or cause to be served upon such industrial user an administrative complaint either personally, or by certified mail, return receipt requested, stating the nature of the alleged violation, the provisions of law authorizing civil liability to be imposed and the civil penalty contemplated by the city and informing the industrial user that a hearing will be conducted within sixty (60) days after service of the administrative complaint.

B. Hearing. Unless the industrial user waives the right to a hearing, the city shall conduct a hearing before a hearing officer designated by the city council. The hearing shall be held within sixty (60) days from the date of service of the administrative complaint. If the hearing officer finds that the industrial user has violated any provision of this chapter, any term or condition of a wastewater discharge permit or any order issued pursuant to this chapter, or any other pretreatment standard or requirement, the hearing officer may assess a civil penalty against the industrial user taking into consideration all relevant circumstances. Appeal of the hearing officer's decision may be taken by the industrial user as provided in subsection C below.

C. Appeal.

1. The decision of the hearing officer shall be served on the industrial user by personal service or registered mail, return receipt requested. This decision shall be final unless a notice of appeal from the industrial user is received by the city within thirty (30) days of the industrial user's receipt of the hearing officer's decision. The signed return receipt of delivery of the decision by registered mail shall be conclusive proof for determination of the thirty-day appeal/review period. Review of the decision shall be before the city council.

2. Every notice of review shall contain:

a. A reference to the matter to be reviewed.

b. A statement of the interest of the appellant/user.

c. The specific grounds relied upon as to why the decision being appealed is improper or erroneous.

3. Appeals to the city council shall be de novo and not limited to the record established at the hearing.

4. The notice for review shall be accompanied by a non-refundable seventy-five-dollar ($75.00) filing fee.

5. The requirements of subsections 1 through 4 above shall be jurisdictional.

6. The decision of the city council, following a hearing upon ten (10) days notice to the applicant, shall be final.

(Ord. No. 2402, § 5, 12-17-2012)

A. Any administrative civil penalty imposed pursuant to this chapter shall be paid in full within thirty (30) days of the date the imposition is final. Payment shall be made either in cash or by certified check made payable to the city.

B. If full payment is not made within such thirty-day period, the city may commence further proceedings under this chapter for such violation. Alternatively, the city attorney may commence a court action for appropriate legal and/or equitable relief.

C. The amount of any administrative civil penalties imposed pursuant to this chapter which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the industrial user from which the discharge resulting in the imposition of the civil penalty originated.

(Ord. No. 2402, § 5, 12-17-2012)

When the city finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city may petition the superior court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on the activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

(Ord. No. 2402, § 5, 12-17-2012)

Any person violating any provision of this chapter, any pretreatment standard or requirement, or any provision of any wastewater discharger permit, order, rule or regulation issued hereunder, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable in accordance with Chapter 1.12 of this Code. Every violation shall constitute a separate offense.

(Ord. No. 2402, § 5, 12-17-2012)

The remedies provided for in this chapter shall be cumulative and not exclusive and shall be in addition to any and all other remedies available to the city.

(Ord. No. 2402, § 5, 12-17-2012)