Montague Municipal Code Art. V Industrial Wastewater

A. No person shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to sewerage facilities owned by the city without first obtaining a city permit for industrial wastewater discharge, which may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the city created by the wastewater discharge and such other conditions as may be required to effectuate the purpose of this chapter.

B. No city permit for industrial wastewater discharge is transferable, without the prior written consent of the superintendent.

C. No person shall discharge industrial wastewaters in excess of the quantity or quality limitations set by the permit for industrial wastewater discharge. Any person desiring to discharge wastewaters or use facilities which are not in conformance with the industrial wastewater permit should apply to the city for an amended permit. (Ord. 142 § 401, 1976)

All persons discharging industrial wastewater directly or indirectly to the city's sewerage system prior to the effective date of the ordinance codified in this chapter are hereby granted a temporary permit to discharge industrial wastewaters. This temporary permit shall expire six months after notification by the superintendent that a new permit is to be obtained, or after two years from the effective date of the ordinance codified in this chapter, whichever first occurs. Prior to the expiration of the temporary permit, the industrial wastewater discharger shall apply for and obtain a “permit for industrial wastewater discharge.” (Ord. 142 § 213, 1976)

A. Applicants for a permit for industrial wastewater discharge shall complete a city application form. The city may require additional information on the characteristics of the wastewater discharge beyond that required on the application form.

B. Upon receipt of all required information, the application shall be processed and, upon approval, be signed by a representative of the city and one copy returned to the applicant. When properly signed, the application form shall constitute a valid permit for industrial wastewater discharge.

C. The application will be approved if the applicant has complied with all applicable requirements of this chapter and furnished all information requested by the city, and if the superintendent determines that there is adequate capacity in the city's facilities to convey treat and dispose of the wastewaters. (Ord. 142 § 402, 1976)

A. The superintendent may suspend a permit for industrial wastewater discharge for a period of not to exceed forty-five days when such suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety or welfare, to the environment, or to the city's sewerage system.

B. Any discharger notified of a suspension of his industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the sewerage system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the superintendent shall take such steps as are reasonably necessary to ensure compliance.

C. Any suspended discharger may file with the superintendent a request for hearing in which event the city council shall meet within twenty days of the receipt by the superintendent of such request. The council shall hold a hearing on the suspension and shall either confirm or revoke the action of the superintendent. Reasonable notice of the hearing shall be given to the suspended discharger in the manner provided for in Section 13.12.380. At this hearing the suspended discharger may appear personally or through counsel, cross-examine witnesses, and present evidence in his own behalf.

D. In the event that the council fails to meet within the time set forth in subsection C of this section or fails to make a determination within a reasonable time after the close of the hearing, the order of suspension shall be stayed until a determination is made either confirming or revoking the action of the superintendent.

E. The superintendent shall reinstate the industrial wastewater discharge permit upon proof of satisfactory compliance with all discharge requirements of the city. (Ord. 142 § 404, 1976)

The city may change the restrictions or conditions of a permit for industrial wastewater discharge from time to time as circumstances may require. The city shall allow an industrial discharger a reasonable period of time to comply with any changes in the industrial wastewater permit required by the city. (Ord. 142 § 403, 1976)

If sewage capacity is not available, the city may require the industrial wastewater discharger to restrict his discharge until sufficient capacity can be made available. The city may refuse service to persons locating facilities in areas where their proposed quantity or quality of industrial wastewater is unacceptable in the available treatment facility. (Ord. 142 § 407, 1976)

A. An industrial wastewater pretreatment system or device may be required by the superintendent to treat industrial flows prior to discharge to the sewer of certain waste constituents, to distribute more equally over a longer period any peak discharges of industrial wastewaters or to accomplish any pretreatment result required by the superintendent. All pretreatment systems or devices shall be approved by the superintendent, but such approval shall not absolve the industrial discharger of the responsibility of meeting any industrial effluent limitation required by the city. In special cases, the superintendent may require construction of sewer lines by the discharger to convey certain industrial wastes to a specific city trunk sewer. All pretreatment systems judged by the superintendent to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed by the state of California.

B. Normally, a gravity-separation interceptor, equalizing tank, neutralization chamber and control manhole will be required, respectively, to remove prohibited settleable and floatable solids, to equalize, wastewater streams varying greatly in quantity and/or quality, to neutralize low-pH or high-pH flows and to facilitate inspection, flow measurement and sampling. Floor drains from commercial or manufacturing buildings, warehouses or multi-use structures shall not discharge directly to the sewer, but shall first discharge to a gravity-separation interceptor. (Ord. 142 § 408, 1976)

A. All domestic or sanitary wastewaters from restrooms, showers, drinking fountains, etc., shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment system or device.

B. A control manhole of a design approved by the superintendent shall be furnished and installed by certain designated industrial wastewater dischargers to facilitate inspection, sampling and flow measurements by personnel of the city. This control manhole shall be located off the industrial premises of the discharger or, within the plant fence, a special locked gate adjacent to the manhole shall be available to authorized personnel of the city at all times. The control manhole may be used as a junction manhole for domestic sewage and industrial wastes provided the junction occurs downstream of the sampling or flow measuring point. (Ord. 142 § 409, 1976)

A. Periodic measurements of flow rates, flow volumes, COD and suspended solids, for use in determining the annual industrial wastewater treatment surcharge, and such measurements of such other constituents believed necessary by the superintendent, shall be made by all industrial wastewater dischargers, unless specifically relieved of such obligation by the superintendent. All sampling, analysis and flow measurements of industrial wastewaters shall be performed by a state-certified independent laboratory, by a laboratory of an industrial discharger approved by the superintendent, or by personnel of the city. If performed by city personnel, an appropriate charge shall be paid by that discharger requesting the tests. Prior to submittal to the city of data developed in the laboratory of an industrial discharger, the results shall be verified by a responsible administrative official of the industrial discharger under the penalty of perjury.

B. All wastewater analysis shall be conducted in accordance with the appropriate procedure contained in Standard Methods. If no appropriate procedure is contained therein, the standard procedure of the industry or a procedure judged satisfactory by the superintendent shall be used to measure wastewater constituents. Any independent laboratory or discharger performing tests shall furnish any required data or information on the test methods or equipment used, if requested to do so by the superintendent.

C. All dischargers making periodic measurements shall furnish and install at the control manhole or other appropriate location a calibrated flume, weir, flow meter or similar device approved by the superintendent to measure the industrial wastewater flow rate and total volume. A flow-indicating, flow-recording and flow-totalizing register may be required by the superintendent.

D. The sampling, analysis and flow measurement procedures, equipment and results shall be subject at any time to inspection by the city. Sampling and flow-measurement facilities shall be such as to provide safe access to authorized personnel.

E. Those industrial wastewater dischargers required by the superintendent to make periodic measurements of industrial wastewater flows and constituents shall annually make the minimum number of such measurements required. The minimum requirement for such periodic measurements shall be at least one 24-hour measurement per year. Representative samples of the industrial wastewater shall be obtained at least once per hour over the twenty-four-hour period, properly refrigerated, composited according to measured flow rates during the twentyfour hours and analyzed for the specified wastewater constituents. Industrial plants with large fluctuations in quantity or quality of wastewater may be required to provide continuous sampling and analysis for every working day. When required by the superintendent, dischargers shall install and maintain in proper order automatic flowproportional sampling equipment and/or automatic analysis and recording equipment.

F. Measurements to verify the quantities of waste flows and waste constituents reported by industrial dischargers will be conducted on a random basis by personnel of the city. (Ord. 142 § 410, 1976)

A. Should measurements or other investigations reveal that the industrial discharger is discharging a flow rate or a quantity of flow showing chemical oxygen demand or suspended solids significantly in excess of that stated on the industrial wastewater permit or significantly in excess of the quantities reported to the city by the discharger and upon which the industrial wastewater treatment surcharge is based, the discharger shall apply for an amended industrial wastewater discharge permit and shall be assessed for all delinquent charges together with the penalty and interest provided for in Section 13.12.350. Before these charges shall be assessed, at least two additional twenty-four-hour samples and flow measurements shall be obtained, at least once per hour over the twenty-four-hour period, properly refrigerated, composited according to measured flow rates during the twentyfour hours and analyzed for the specified wastewater constituents, with all costs of sampling and analysis to be paid for by the discharger. Industrial plants with large fluctuations in quantity or quality of wastewater may be required to provide continuous sampling and analysis for every working day. When required by the superintendent, dischargers shall install and maintain in proper working order automatic flow-proportional, sampling equipment and/or automatic analysis and recording equipment.

B. For the purpose of establishing a correct treatment surcharge, the data obtained in these samplings, along with any other relevant information obtained by the city or presented by the discharger found in violation shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter values over the preceding three years or subsequent to the previous city verification of quantity parameters, whichever period is shorter.

C. Measurements to verify the quantities of waste flows and waste constituents reported by industrial dischargers will be conducted on a random basis by personnel of the city. (Ord. 88-23 § 2, 1988; Ord. 142 § 411, 1976)

Any industrial wastewater discharger who discharges or causes the discharge of prohibited wastewaters which cause damage to the city's facilities, detrimental effects on treatment processes or any other damages resulting in costs to the city shall be liable to the city for damages occasioned thereby. (Ord. 142 § 413, 1976)

The superintendent may classify dischargers and establish an industrial wastewater treatment surcharge based upon average flow quality and flow quantity for the industrial category adjusted by some commonly recognized parameter selected by the superintendent that establishes the relative size of the industrial discharger being charged. (Ord. 142 § 412, 1976)