Modesto Municipal Code Art. 2 Regulations

(a) No person shall discharge a quantity or quality of wastewater directly or indirectly to sewer facilities owned by or tributary to the City's sewage system which causes, or is capable of causing, either alone or by interaction with other substances:

(1) A fire or explosion;

(2) Obstruction to the flow in the sewage system resulting in interference or damage to the sewerage facilities;

(3) Danger to life or safety of any person;

(4) Impairment of the effective maintenance or operation of the sewerage system;

(5) The release of toxic or malodorous gas-producing substances; including any material identified as hazardous according to 40 CFR Part 261 except as may be specifically authorized by the Director;

(6) Interference with the wastewater treatment process;

(7) The City's effluent or any other product of the treatment process, residues, sludges, or scums to be unsuitable for reclamation, reuse, or disposal;

(8) Discoloration, pass through, or any other condition which affects the quality of the City's treatment works effluent in such a manner that receiving water quality requirements established by regulatory agencies cannot be met;

(9) Conditions which violate any statute, rule, regulation, or ordinance of any public agency or regulatory agency having jurisdiction over the discharge of wastewater through the sanitary sewage system;

(10) Contamination of the collection system, soil, or groundwater by osmosis, chemical action, leakage, or any other means of conveyance from the sewage system.

(b) No person shall discharge wastewater or any substance delivered by vehicular transport, rail car, or dedicated pipeline directly or indirectly to the City's sewerage facilities that is defined as a hazardous waste by the control authority.

In the event that user discharges waste to sewer which if otherwise disposed of would be a hazardous waste under 40 CFR part 261 the user at a minimum shall immediately notify the City and California Office of Emergency Services (OES), County Environmental Resources followed with a written report within five (5) days. The report shall include the name of the waste set forth in 40 CFR part 261 along with the EPA hazardous waste number, type, and quantity of the discharge.

(c) No person shall transport waste from one (1) location or facility to another for the purpose of treating or discharging it directly or indirectly to a publicly owned sewer without written permission from the City.

(d) No user shall increase the contribution of flow, pollutants, or change the nature of pollutants where such contribution or change does not meet applicable standards and requirements or where such contribution or change would cause the City to violate its NPDES permit.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

(Ord. 3649-C.S., § 2, effective 7-14-16)

No user shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this chapter and the user's permit or to establish an artificially high flow rate for permit mass emission rates.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

(a) Groundwater, surface runoff, or subsurface drainage shall not be discharged directly or indirectly to the City's sewerage facilities except as provided herein. Pursuant to the City's groundwater discharge policy, the City may approve the discharge of such water only when no alternate method of disposal is reasonably available and the discharge is necessary to mitigate an environmental risk or health hazard. All other groundwater policy discharge criteria must be met prior to any groundwater discharge to the City's sewage system.

(b) The discharge of such waters shall require a groundwater discharge permit from the City.

(c) If a permit is granted for the discharge of such water into a public sewer, the user shall pay the applicable charges established and shall meet such other conditions as required by the City.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

(a) Unpolluted water, such as single pass cooling water, shall not be discharged directly or indirectly to the City's sewerage facilities except as provided herein. The City may approve the discharge of such water only when no alternative method of disposal or reuse is reasonably available and the discharge is necessary to mitigate an environmental risk or health hazard.

(b) If the discharge of such water into a public sewer is approved, the user shall pay any applicable charges established and shall meet such other conditions as required by the City.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

No person shall discharge, or cause to be discharged, any radioactive waste or isotopes into a public sewer except:

(a) When the person is authorized to use radioactive materials by the State Department of Health or other government agency empowered to regulate the use of radioactive materials; and

(b) When the waste is discharged in strict conformity with current California Radiation Control Regulations (California Code of Regulations, Title 17) for safe disposal; and

(c) When the person is in compliance with all rules and regulations of all other applicable regulatory agencies; and with specific written approval by the superintendent of the POTW.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

Waste from industrial or commercial grinders shall not be directly or indirectly discharged into a public sewer, except wastes generated in packing or preparing food or food products. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the public sewer.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

No person, except local sewering agencies involved in maintenance functions of sanitary sewer facilities, shall discharge any wastewater directly into a manhole or other opening in a sewer other than through an approved building sewer, unless approved by the City upon written application by the user and payment of any applicable fees and charges established herein.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

A waste hauler/user proposing to discharge septic tank, cesspool wastes or other biodegradable or compatible material into the City's facilities must have a waste hauler discharge permit as required by Section 5-6.401. Such wastewater shall be discharged only at a location specified by the City.

No waste hauler/user shall discharge constituents in excess of those specified in the respective permit based on the adopted local limits.

No waste hauler shall discharge to the City sewage system any material defined as hazardous waste by 40 CFR 261 of the Federal Resource Conservation and Recovery Act.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

(a) No person shall discharge wastewater in excess of the permitted mass emission rates or limits as determined in accordance with this chapter.

(b) No person shall discharge wastewater:

(1) Having a temperature higher than one hundred forty (140) degrees Fahrenheit, (sixty (60) degrees Centigrade), or which causes the temperature at the treatment plant to exceed one hundred four (104) degrees Fahrenheit (forty (40) degrees Centigrade);

(2) Having a pH less then 5.0 or greater than 12.0;

(3) Containing those pesticides and other toxic pollutants in toxic amounts, determined by the administrator of the Environmental Protection Agency in accordance with the federal Act, such other federal or State acts as may be applicable, and as further designated from time to time by the Director; including the following substances or materials containing these substances: aldrin, dieldrin, benzidine, cadmium, cyanide, DDD, DDE, DDT, endrin, mercury, polychlorinated biphenyls (PCB's) toxaphene;

(4) Having waters or wastes containing inorganic oils, including but not limited to motor oils, transmission oils, hydraulic fluids, gear oil, and machining oils;

(5) Any wastewater that causes a hazard to human life or creates a public nuisance;

(6) Containing flow or other materials, including, but not limited to, ammonia, chemical oxygen demand, total organic carbon, priority pollutants (as established by EPA), suspended solids, oil and grease of animals or vegetable origin, total dissolved solids, and phenolic compounds released in a discharge at a flow rate and/or concentration which will cause problems, pass through, or interference with the sewerage facilities;

(7) Producing a gaseous mixture that is ten (10) percent or greater of the lower explosion limit (LEL). Prohibited materials include, but are not limited to, gasoline, kerosine, naphtha, benzene, toluene, xylene, ethers, ketones, and alcohols;

(8) Containing material which will readily settle or cause an obstruction to the flow in the sewer resulting in interference to the same such as, but not limited to, sand, mud, glass, metal filings, diatomaceous earth, asphalt, dead animals, wood, bones, hair, and fleshes;

(9) Any wastewater causing the treatment plant effluent to show a lethal concentration of fifty percent as determined by a toxicity test of ninety-six (96) hours or less, using a percentage of the discharge and aquatic test species chosen by the Director;

(10) In violation of any applicable, federal categorical pretreatment standards, State standards or other local regulations covering wastewater disposal.

When the Director determines that a user(s) is discharging to the POTW any of the above enumerated substances in any amount which will interfere with the operation of the POTW, the Director shall: (1) Advise the user(s) of the impact of the discharge on the POTW; and (2) Take such actions as deemed necessary to correct the interference with the POTW.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

No person shall discharge wastewater to the City sewerage system which (1) exhibits any characteristic which is specifically prohibited by an action of the City Council, or (2) contains constituents in excess of any specific constituent level limitations as may be set by the City Council pursuant to 40 CFR 403.5 (b), (c), and (d). Specific pollutant limitations regarding waste characteristics and constituent limits may be adopted by resolution. The City may also incorporate Maximum Allowable Industrial Loadings (MAIL) on a user-specific basis into wastewater discharge permits where necessary.

Any violation of a specific pollutant limitation as may be set forth in a City resolution shall subject the user to the same administrative actions, penalties, and enforcement actions as would be available for any other violation of this chapter.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the federal standard, if more stringent than limitation imposed under this resolution for sources in that subcategory, shall pre-empt the limitations imposed under this chapter. The Director shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

(a) Mass emission rates for noncompatible and/or compatible pollutants that are present or anticipated in the user's wastewater discharge may be set for each user and made an applicable part of each user's permit. These rates shall be based on local discharge limits, or federal categorical pretreatment standards, and the user's average daily wastewater discharge for the past three years, the most recent representative data, or other data acceptable to the City. All mass emission rates must receive final approval by the Director.

(b) To verify the user's operating data, the City may require a user to submit an inventory of all wastewater streams and/or records indicating production rates.

(c) The City may revise limits or mass emission rates previously established in the discharger's permit at any time, based on: current or anticipated operating data of the discharger or the City; the City's ability to meet NPDES limits; or changes in the requirements of regulatory agencies.

(d) The excess use of water to establish an artificially high flow rate for mass emission rate determination is prohibited.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

The City shall have the authority to require that any discharge of an infectious waste to the sewer be rendered noninfectious prior to discharge if the infectious waste is deemed to pose a threat to the public health and safety, or will result in any violation of applicable waste discharge requirements.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

(a) Spent solutions, sludges, and materials of quantity or quality in violation of, or prohibited by this chapter, or any permit issued under this chapter must be disposed of in a legal manner at a legally acceptable point of disposal as defined by the City or appropriate regulatory agency. All waste manifests shall be retained for a minimum of three (3) years, and shall be made available to the agency upon request.

(b) No person shall batch dump, except as allowed by permit.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

Any person that operates or maintains a facility for the servicing or repair of roadway machinery, industrial transportation equipment, motor vehicles, public or private transportation vehicles, or any other facility, with floor drains, or any other drains which may allow unacceptable waste discharge shall install and maintain a gravity separation interceptor as required by the Director. Domestic wastewater shall not be allowed to pass through the interceptor. The interceptor shall have a minimum operational fluid capacity of not less than one hundred gallons and shall be designed to retain any material which will float and/or will settle. The interceptor shall be watertight, structurally sound, durable and shall have a minimum of two (2) chambers.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

All users required to install a gravity separation interceptor shall comply with the following conditions:

(a) All interceptor owners shall provide immediate access to the interceptor chambers at all times for the purpose of inspection, sampling, cleaning and maintenance. The user shall provide a separate ring and cover for each separate interceptor chamber. At no time shall any material, debris, obstacles or other obstructions be placed which will prevent immediate access to the interceptor.

(b) Any interceptor legally and properly installed before the effective date of this chapter shall be acceptable as an alternative to the interceptor requirements of this chapter. The interceptor shall be effective in removing materials that float and settle and shall be immediately accessible for inspection, sampling, cleaning, and maintenance.

(c) All drains and openings connected to an approved gravity separation interceptor shall be equipped with screens or devices which will exclude from the wastewater discharge all materials and particles with a cubic dimension greater then three-eights (⅜) inch.

(d) If the Director finds, either by engineering knowledge or by observation, that an interceptor is incapable of adequately retaining material that floats or settles in the wastewater flow, is structurally inadequate, or is undersized for the facility, the Director shall reject such interceptor and declare that the interceptor does not meet the requirements of this section. The user shall thereupon be required to install, at the user's expense, an interceptor which is acceptable to the Director.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

The Director shall maintain a file, available to the public, of suitable designs of gravity separation interceptors. This file shall be for informational purposes only and shall not provide or imply any endorsements of any kind. Installation of an interceptor of a design shown in this file, or of any design meeting the size requirements set forth in this chapter shall not subject the City to any liability for the adequacy of the interceptor under actual conditions of use. The user and property owner shall not be relieved of the responsibility for keeping materials that float or settle out of City's collection system.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

(a) Any person who owns or operates a gravity separation interceptor shall properly maintain the interceptor at all times. The interceptor shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the interceptor. An interceptor is not considered to be properly maintained, if for any reason the interceptor is not in good working condition or if the operational fluid capacity has been reduced by more than twenty-five (25) percent by the accumulation of floating materials, sediment, oils or greases.

(b) The use of chemicals, microbiological agents or other materials for the emulsification, suspension or dissolution of oil and grease is prohibited.

(c) When an interceptor is cleaned, the removed sediment, liquid and floating material shall be legally disposed of in a manner other than to the City's collection system, POTW or storm drain. Manifests for the cleaning of the interceptor shall be kept at the same facility as the interceptor and shall be available at all times for inspection.

(d) If the interceptor is not maintained adequately under the conditions of use, the interceptor shall be resized and the user shall install one (1) which is effective in accomplishing its intended purpose.

(e) The owner and lessee, sublessee, proprietor, operator, or superintendent of any facility, required to install an interceptor, are individually and severally liable for any failure to properly maintaining such interceptor.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

(a) Any person who owns, operates, or maintains a restaurant shall complete a City wastewater discharge survey form. The form shall be submitted to the Director for review of grease interceptor requirements.

(b) The size of grease interceptors shall be determined as described in the Uniform Plumbing Code, as adopted by the City.

(c) All restaurant wastewater and waste from floor drains, floor sinks, sinks, waste container wash racks, dishwashers, and garbage grinders, or like equipment shall be directed through a minimum seven hundred fifty (750) gallon gravity separation interceptor. All domestic wastewaters from restrooms, showers, drinking fountains, and condensate (i.e., ice melt, air conditioning) shall be kept separate from the restaurant wastewater until the restaurant wastewater has passed through all necessary pretreatment equipment, devices or monitoring stations.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

No person who owns, operates or maintains a restaurant shall at any time discharge any wastewater to the storm drain, service dock areas, or ground. Wastewater generated by restaurants must be disposed of through a sanitary sewer, an approved gravity separation interceptor, or sample station connected to a sanitary sewer or hauled off-site and disposed at a legal disposal site.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

Conditional waivers for the grease interceptor requirement may be granted by the Director for those restaurants determined by the Director not to have adverse effects on the City's collection system or POTW. Conditional waivers may be revoked for the following reasons:

(a) Changes in menu;

(b) Falsification of information submitted in the City's wastewater discharge survey form;

(c) Changes in operating hours;

(d) Changes in equipment used;

(e) Changes in the nature of the wastewater discharged as determined by random and scheduled wastewater sampling and analyses.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

Whenever deemed necessary, the Director may require a user to restrict its discharge during peak flow or loading periods, designate that certain wastewater be discharged only into specific sewers, relocate or consolidate points of discharge, separate domestic sewage wastestreams from industrial wastestreams, and such other requirements or limitations as may be necessary to protect the sewerage system and determine the user's compliance with the requirements of this chapter.

The Director may require the user to install and maintain, on the user's property and at the user's expense, a suitable storage and flow control facility to ensure equalization of flow.

Any user with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

The City reserves the right to establish by resolution more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in this chapter.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)