Modesto Municipal Code Art. 11 Dental Amalgam

(a) Definitions. For the purposes of this section the following words and phrases shall be as defined herein.

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

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

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

(Ord. 3664-C.S., § 1, effective 1-13-17)

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

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

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

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

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

(Ord. 3664-C.S., § 1, effective 1-13-17)

(a) An ISO 11143 certified amalgam separator device shall be installed on each dental vacuum suction system for existing dental facilities. Newly constructed on and after the effective date of this ordinance shall include an installed amalgam separator device certified by the most current ISO 11143 standard. The amalgam separator must remove at a minimum ninety five (95) percent of the amalgam or conform to the removal efficiency as specified by the most current ISO 11143 standard and shall be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. Neither the separator device nor the related plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 test methodology, a non-certified separator will be accepted, provided that smaller units from the same manufacturer and of the same technology are ISO-certified. Alternative materials and methods may be proposed to the City for approval, provided ISO equivalent. Proof of certification and installation records shall be submitted to the City within forty five (45) days of installation.

(b) Amalgam separators shall be maintained in accordance with manufacturer recommendations. Installation, certification, and maintenance records shall be available for immediate inspection upon request by the City during normal business hours. In addition, the City may request that the owner or operator submit to the City a certification statement that they have complied with the requirements listed in this article.

(Ord. 3664-C.S., § 1, effective 1-13-17)

(a) The system(s) was installed before 2003.

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

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

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

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

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

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

(Ord. 3664-C.S., § 1, effective 1-13-17)

The following types of dental practices are exempt from this section, provided that removal or placement of amalgam fillings occurs at the facility no more than three (3) days per year: (1) Orthodontics; (2) Periodontics; (3) Oral and maxillofacial surgery; (4) Radiology; (5) Oral pathology or oral medicine; (6) Endodontistry and prosthodontistry.

(Ord. 3664-C.S., § 1, effective 1-13-17)

(a) The Director may require periodic reporting of the status of implementation of BMPs, in accordance with Article 11.

(b) The Director may require visual monitoring at the sole expense of the Responsiblt person to observe the actual conditions of the Dental Facility/Office private sewer lateral.

(c) The Director may require reports for self-monitoring of wastewater constituents and dental amalgam characteristics of the responsible person needed for determining compliance with any conditions or requirements as specified in this chapter 6. Monitoring reports of the analyses of wastewater constituents and dental amalgam characteristics shall be in a manner consistent with this chapter and form approved by the Director and shall be submitted upon request of the Director. Failure by the responsible person to perform any required monitoring, or to submit monitoring reports required by the Director constitutes a violation of Chapter 6, and shall be cause for the City to initiate all necessary tasks and analyses to determine the wastewater constituents and dental amalgam characteristics for compliance with any conditions and requirements specified in Chapter 6. The responsible person shall be responsible for any and all costs and expenses of the City in undertaking such monitoring analyses and preparation of reports.

(d) Other reports may be required, such as compliance schedule progress reports, dental amalgam control monitoring reports, and any other reports deemed reasonably appropriate by the Director to ensure compliance with Chapter 6.

(Ord. 3664-C.S., § 1, effective 1-13-17)

It shall be unlawful to make any false statement, representation, record, report, plan or other document that is filed with the City and/or the Director, or to tamper with or knowingly render inoperable any separator, vacuum system, monitoring device or method or access point required under Chapter 6.

(Ord. 3664-C.S., § 1, effective 1-13-17)

(a) The Director may inspect or order the inspection and sample the wastewater discharges of any dental office/facility to ascertain whether the intent of these regulations is being met and the responsible person is complying with all requirements. The responsible person shall allow access to premises, during normal business hours, for purposes of inspecting the dental amalgam BMPs records, separators, and vacuum systems, reviewing the bills of lading, receipts and invoices relating to disposal maintenance and inspection of separators and vacuum systems.

(b) The Director shall have the right to place or order the placement on the dental office/facility property, or other locations as determined by the Director, such devices as are necessary to conduct sampling or metering operations. Where a dental office/facility has security measures in force, the responsible person shall make necessary arrangements so that the Director shall be permitted to enter without delay for the purpose of performing their specific responsibilities.

(c) In order for the Director to determine the wastewater characteristics for purposes of determining compliance with Chapter 6, the responsible person shall make available for inspection to the Director, all notices, monitoring reports, waste bills of lading, and records including, but not limited to, those related to wastewater generation and wastewater disposal. All such records shall be kept by the responsible person a minimum of three (3) years.

(Ord. 3664-C.S., § 1, effective 1-13-17)

The responsible person of the dental office/facility where amalgam waste is created or discharged shall allow the Director reasonable access to all parts of the facility for the purposes of inspection and sampling during all times the dental office/facility is open, operating, or any other reasonable time. No persons or occupants of premises shall interfere with, delay, resist or refuse entrance to the Director attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the collection system. In the event of an emergency involving an actual or imminent discharge of amalgam waste to sewer, the Director may access adjoining businesses or properties that share a private sewer lateral with a dental office/facility in order to prevent or remediate the actual or imminent discharge of amalgam waste.

(Ord. 3664-C.S., § 1, effective 1-13-17)

(a) In the event a responsible person is unable to comply with any provision of Article 11 due to a breakdown of equipment, accidents, or human error or the responsible person has reasonable opportunity to know that their discharge will exceed the discharge provisions of Chapter 6, the responsible person shall immediately notify the Wastewater Division by telephone. If the material discharged to the collection system has the potential to adversely impact the City's Wastewater Treatment Plant, the responsible person shall immediately notify the Wastewater Division.

(b) Confirmation of responsible person's notification shall be made in writing to the Director postmarked no later than five (5) calendar days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring.

(c) Such notification shall not relieve the responsible person of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the City or any other damage or loss to persons or property; nor shall such notification relieve the responsible person of any fees or other liability which may be imposed by these regulations or other applicable law.

(Ord. 3664-C.S., § 1, effective 1-13-17)

The responsible person shall notify the Director least sixty (60) days prior to any facility expansion or remodeling, or process modifications that may result in new or substantially increased amalgam waste quantity, procedures, separator, or vacuum systems. The responsible person shall notify the Director in writing of the proposed expansion or remodeling and shall submit any information requested by the Director regarding the effect of such expansion or remodeling related to the generation of dental amalgam.

(Ord. 3664-C.S., § 1, effective 1-13-17)

(a) The City may suspend or terminate the wastewater service when such suspension or termination is necessary, in the opinion of the Director, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or which causes obstruction to the collection system or the City's Wastewater Treatment Plant, or causes the City to violate any condition of its permits.

(b) Any responsible person notified of a suspension or termination of wastewater service shall immediately stop or eliminate all discharges to the collection system. In the event of a failure of the responsible person to comply voluntarily with the suspension or termination order, the Director shall take such steps as he or she deems necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the collection system or the City's Wastewater Treatment Plant. The Director shall reinstate the wastewater service only upon proof of the elimination of the nonconforming discharge. A detailed written statement submitted by the responsible person describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the Director within five (5) days of the date of occurrence.

(Ord. 3664-C.S., § 1, effective 1-13-17)

Sampling and Inspection Procedures:

(a) Sampling and inspection of dental office/facilities shall be conducted in the time, place, manner, and frequency determined at the sole discretion of the Director.

(b) Noncompliance with any discharge provisions of these regulations may be determined by an inspection of the BMPs, Separator, vacuum systems, or associated manifest and documentation, or analysis of a grab or composite sample of the effluent of a dental office/facility.

(c) Any sample taken from a sample point must be considered representative of the discharge to the collection system, as determined by the Director.

Any responsible person found to be in violation with the terms and conditions specified in any provision of Article 11 may be issued a notice of violation and/or correction order in which there will be a specified time period to correct the violation. If the violation is not corrected within the specified time period, the responsible person shall be considered in noncompliance.

(Ord. 3664-C.S., § 1, effective 1-13-17)

(a) Upon determination that a responsible person is in noncompliance with the terms and conditions specified in any provision of Article 11, or needs to construct and/or acquire and install an amalgam separator, the Director may require the responsible person to enter into a compliance schedule on terms and conditions specified by the Director.

(b) The compliance schedule may contain terms and conditions including, but not limited to, requirements for installation of an amalgam separator, submittal of drawings or reports, audit of amalgam waste hauling records, BMPs and waste minimization practices, payment of fees, or other provisions to ensure compliance with Article 11.

(c) If compliance is not achieved in accordance with the terms and conditions of a compliance schedule during its term, the Director may issue an order suspending or terminating wastewater service pursuant to Article 8 of this chapter 6.

(Ord. 3664-C.S., § 1, effective 1-13-17)

The City may suspend and/or terminate wastewater service when the Director determines that a responsible person:

(a) Fails to comply with the terms and conditions of a compliance schedule order.

(b) Knowingly provides a false statement, representation, record, report, or other document to the City and/or the Director.

(c) Refuses to provide records, reports, plans, or other documents required by the City and/or the Director to determine discharge compliance or compliance with Article 11.

(d) Falsifies, tampers with or knowingly renders inaccurate any monitoring device or sample collection method.

(e) Refuses reasonable access to the dental facility/offices for the purpose of inspection and monitoring.

(f) Fails to make timely payment of all amounts owed to the City for charges or any other fees imposed pursuant to Chapter 6.

(g) Causes a violation of the City's Permits.

(h) Violates Permit Requirements or provisions of this chapter 6.

(i) Fails to report significant changes in operations, or wastewater constituents and characteristics.

(Ord. 3664-C.S., § 1, effective 1-13-17)

(a) Any violation of Article 11, or the orders, rules and regulations issued under Chapter 6 is unlawful and shall be an infraction or misdemeanor as determined by the City Attorney.

(b) Any responsible person in violation of Article 11, or the orders, rules and regulations issued under Chapter 6 may be ordered by the Director to cease and desist operations until the violation is cured. Continuance of operations after issuance to the responsible person of a notice to cease and desist shall be unlawful, and an infraction or misdemeanor as determined by the City Attorney. Each day in which any such violation shall continue shall be deemed a separate offense.

(c) The violation of any of the provisions of Article 11, or the orders, rules and regulations issued under Chapter 6, or the doing of any act prohibited or the failure or omission to do any act required by Article 11, or the orders, rules and regulations issued under Chapter 6, is a public nuisance and may be enjoined by the City Attorney.

(d) If any violation of Article 11, or the orders, rules and regulations issued under Chapter 6, causes damage to the collection system or the City's Wastewater Treatment Plant, the Director may seek to recover civil damages from the responsible person causing such damage.

(e) The Director is authorized to levy against any person administrative civil penalties as prescribed in Chapter 6 of Title 1 of the City Municipal Code per day for each violation of the rules and regulations issued under Chapter 6. The notice and order shall provide information as to the reason for the administrative fine and the authority and the notice shall also specify the person's right to appeal. In determining the amount of the civil penalty, the Director may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurred, and any remedial action attempted or taken by the violator.

(f) The remedies and provisions of this section are cumulative, and are in addition to any other remedy or provision of law.

(Ord. 3664-C.S., § 1, effective 1-13-17)

Any responsible person affected by a decision, action, or determination, including suspension, revocation, refusal or termination of wastewater service, cease and desist order, or imposition of civil penalties issued by the Director, or any other action of the

Director in interpreting or implementing the provisions of this chapter, may file an appeal in accordance with the City of Modesto's Municipal Code Title 1 Chapter 4 Appeals.

(Ord. 3664-C.S., § 1, effective 1-13-17)

(a) Upon the failure of the responsible person to comply with the terms and deadlines set forth in the administrative enforcement order, the Director may use all appropriate legal means to recover the civil penalties, administrative costs and obtain compliance with the administrative enforcement order.

(b) After the Administrative Hearing Officer issues an administrative enforcement order, the Director shall monitor the violations and determine compliance.

(Ord. 3664-C.S., § 1, effective 1-13-17)