Montclair Municipal Code Art. XIII Administration

A. Any person proposing to discharge nondomestic wastewater into the City sewer system shall complete and submit an industrial user discharge permit application to the City Engineer. The application shall contain information regarding the type and amount of nondomestic wastewater being discharged or proposed for discharge, plans and specifications for any pretreatment facilities designed to prevent discharge of materials to the City sewer system which exceed the allowable limitations set forth in this chapter, and any other pertinent information necessary to control discharge to the City sewer system. This application is considered an integral part of the industrial user discharge permit. Based on the information submitted on the industrial user discharge permit application and the City's investigation of the user's establishment, an industrial user discharge permit may be required. Users not required to obtain an industrial user discharge permit are still required to meet the City's discharge limitations.

B. Any industrial user discharge permit application submitted shall include, but not be limited to:

1. Name, address, mailing address, and location (if different from the mailing address);

2. Standard Industrial Classification (SIC) number;

3. Wastewater constituents and characteristics including, but not limited to, those mentioned in Article X of this chapter as determined by a State certified water laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended:

4. Time and duration of contribution;

5. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, and appurtenances by size, location, and elevation;

6. Description of activities, facilities, and plant processes on the premises, including all materials which are, or could be, discharged to the sewer;

7. If additional pretreatment and/or operation and maintenance will be required to meet the National Categorical Pretreatment Standards, a compliance time schedule (CTS) shall be submitted to the City Engineer. This CTS shall outline the shortest schedule by which the user will provide such additional pretreatment, the deadline for submittal of which shall be no later than the compliance date established for the applicable pretreatment standard as established in 40 CFR. The CTS is subject to the approval of the City Engineer. The following conditions shall apply to such compliance time schedules:

a. The CTS 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 user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.),

b. No increment referred to in subsection (B)(7)(a) of this section shall exceed nine months. The total time in the CTS shall not exceed 18 months unless approved by the City Engineer,

c. Not later than 14 days following each date in the CTS and the final date for compliance, the user shall submit a progress report to the City Engineer including, as 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 user to return the construction to the established schedule. In no event shall more than nine months elapse between such progress reports to the City Engineer,

d. Any industrial user regulated by National Categorical Pretreatment Standards and classified as a "new source" shall install and have in operating condition and shall start up all pollution-control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time, not to exceed 90 days, new sources must meet all applicable pretreatment standards;

8. Each product produced by type, amount, process or processes, and rate of production;

9. Type and amount of raw materials processed (average and maximum per day);

10. Number and type of employees, hours of operation, and proposed or actual hours of operation of pretreatment system;

11. A waste minimization plan to conserve water, investigate product substitution, provide inventory control, and determine other steps as necessary to minimize the total quantity of waste produced;

12. A valid business plan from the San Bernardino County Department of Environmental Health Services or letter exempting the user from such plan. If exempt, Material Safety Data Sheets (MSDS) for all materials on site shall be provided; and

13. Any other information as may be deemed by the City to be necessary to evaluate the permit application.

C. The City Engineer will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of this data, the City Engineer shall determine whether or not an industrial user discharge permit is required. If so required, the City Engineer shall issue an industrial user discharge permit to the applicant.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1401)

A. All significant industrial users who discharge nondomestic wastewater into the City sewer system shall be required to have an industrial user discharge permit issued by the City.

B. The City may require nonsignificant industrial users to obtain industrial user discharge permits as necessary to carry out the purposes of this chapter. An initial or renewed industrial user discharge permit is valid for up to a five-year period from the date of issuance unless suspended or revoked.

C. Noncompliance with any term or condition of a user discharge permit shall constitute a violation of this chapter and shall subject the permittee to enforcement actions pursuant to this chapter. Obtaining an industrial user discharge permit does not relieve a permittee of his/her obligation to comply with all applicable laws and other legal requirements.

D. The City Engineer may issue a permit to discharge nondomestic wastewater to the City sewer system if:

1. The quality of the wastewater conforms to the requirements of this chapter;

2. All required pretreatment systems are approved by the City Engineer and it is demonstrated by the user that the systems can adequately achieve existing City point source limits or EPA categorical limitations, whichever are the more stringent, as well as having the capability to handle or to be easily modified to handle future requirements;

3. A City approved monitoring vault, manhole, or other approved monitoring station has been constructed or shall be constructed and has been included in the compliance time schedule;

4. The City sewer system has adequate capacity for the volume of wastewater to be discharged;

5. A permit application has been completely and correctly filled out and signed by the user's industrial wastewater representative;

6. A compliance time schedule (CTS), if required, has been approved by the City Engineer and is on file with the City; and

7. Industrial users who use a pretreatment system have established and maintained a daily operation and maintenance log for their pretreatment system, and it contains, at a minimum, the following information:

a. Dates and times of routine maintenance and calibrations,

b. A description of all maintenance and calibration work being done on the system,

c. Date and time of any major repair and/or downtime on the system,

d. The emergency or backup system or program to be utilized if the pretreatment system were out of operation, and

e. The name of the supervisor responsible for the pretreatment system.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1402)

A. All industrial user discharge permittees shall be subject to all provisions of this chapter and all other applicable regulations. In addition to the requirements in Section 9.20.720, all permits shall be subject to the following:

1. The unit charge or schedule of user charges and fees for the wastewater to be discharged into the City sewer system;

2. Limits on the average and maximum wastewater constituents, characteristics, and mass emission rates. Mass emission rates shall be defined as the mass of material discharged into the City sewer system during a given time interval, unless otherwise specified; the mass-emission rate shall mean pounds per day of a particular constituent or combination of constituents. The City Engineer may impose mass emission rate limitations on users if necessary;

3. Limits on the average and maximum rate and time of discharge requirements for flow regulations and equalization;

4. Requirements for installation and maintenance of inspection and sampling stations;

5. Specifications for monitoring programs which may include sampling stations, frequency of sampling, numbers and types of samples, standards for tests, and reporting schedules;

6. Compliance time schedules;

7. Requirements for submission of technical reports or discharge reports per this chapter;

8. Requirements for maintaining and retaining plant records related to wastewater discharge, as specified by the City, and affording the City access thereto;

9. Requirement for notification to the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the City sewer system;

10. Requirements for notification of slug discharges per Section 9.20.630; and

11. Other conditions as deemed appropriate by the City Engineer to ensure compliance with this chapter.

B. It is unlawful to discharge into the City sewer system, directly or indirectly, any nondomestic wastewater without a valid industrial user discharge permit from the City, except that the City Engineer shall grant such reasonable time extensions on existing permits as may be necessary for business alterations; changes in processes or designs; or the acquisition, manufacture, installation and testing of a wastewater pretreatment system or other facilities for which additional time is required, but not to exceed one year, provided there are no point-source limitation violations.

C. In the event a wastewater violation exists, discharges exceed the point source limitations or a violation of Section 9.20.580 exists and such violation does not involve hazardous substance(s) or hazardous waste as defined by the EPA, a compliance time schedule for all pretreatment and/or wastewater cleanup procedures and practices must be submitted to the City and approved by City Engineer as specified in 40 CFR Part 403.8(f)(1).

D. Modifications or changes in a compliance time schedule may be granted by the City Engineer upon written request provided the new compliance dates are not in violation of the current EPA compliance dates for the type of discharge in question.

E. All industrial users must keep, for a minimum of three years, copies of all their wastewater reports, surveys, permits, monitoring reports, any correspondence related to their pretreatment system, violation notices, and chain-of-custody logs; and upon request, this information must be made available for review and/or copying by any government agency as specified in 40 CFR Part 403.12(1).

F. The user chain-of-custody logs shall consist of the following: dates of sample collection, type of sampling, how the sample was preserved and stored, listing of the constituents and parameters to be tested, name of the individual who collected the sample, name of the laboratory at which the test(s) were conducted, and the date and time the sample was turned over to the laboratory.

G. The installation, design, and adequacy of any facility constructed pursuant to the provisions of this chapter shall not impute any liability, but does not relieve the owner or proprietor of responsibility for compliance with the provisions of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1403)

If the industrial user wishes to appeal or challenge any condition imposed in a discharge permit, a petition shall be filed for modification or reissuance of the permit. Such petition shall be filed within 30 days of the receipt of the permit. The following conditions shall apply:

A. Failure to submit a timely petition shall be deemed to be an acceptance of all conditions.

B. In its petition, the appealing party must indicate the condition to which the objection is being made, the reasons for this objection, and the alternative condition, if any, it seeks to place in the permit.

C. The effectiveness of the permit shall not be stayed pending the appeal.

D. Such appeals shall be heard by the Director of Public Works within 30 days of receipt of the petition. The decision of the Director of Public Works shall be final.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1404)

Within nine months of the promulgation of the National Categorical Pretreatment Standards or amendments thereto, the industrial user discharge permits of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standards. If a user who is subject to the National Categorical Pretreatment Standards has not previously submitted an application for an industrial user discharge permit as required by Section 9.20.720, the user shall apply for an industrial user discharge permit within 180 days after the promulgation of applicable National Categorical Pretreatment Standards and amendments thereto. In addition, all users with existing industrial user discharge permits shall submit to the City Engineer within 180 days after the promulgation of applicable Federal Categorical Pretreatment Standards and amendments thereto the information required by Sections 9.20.720 and 9.20.870.

If any person proposes to alter a pretreatment system or any connection to the City sewer system or if he/she proposes to increase or decrease the discharge volume by more than 25 percent or to discharge nondomestic wastewater of a different nature, type or substance not consistent with the original industrial user discharge permit, he/she shall submit to the City Engineer a letter requesting the approval of such an alteration along with an updated discharge permit application and shall pay all applicable fees.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1405)

Industrial user discharge permits shall be issued for any period of time up to five years. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements, as identified in this chapter, are modified or other just cause exists. The user shall be informed of any proposed changes in the permit at least 30 days prior to the effective date of such change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1406)

A permit shall be required of all users granted temporary permission by the City to discharge unpolluted water or wastewater from industrial startup operations directly or indirectly into the City sewer system. This temporary permit may be granted when no alternate method of disposal is reasonably available. The provisions of Section 9.20.580 of this chapter pertaining to general discharge prohibitions and limitations shall apply.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1407)

Industrial user discharge permits are issued to a specific user for a specific operation. A permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the City.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1408)

A. Industrial users shall provide necessary wastewater pretreatment as required to comply with this chapter and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations (40 CFR Part 403.6). Any equipment required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment systems and operating procedures shall be submitted to the City for review and shall be approved by the City before construction of the pretreatment system commences. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the system as necessary to produce an effluent acceptable to the City under the provisions of this chapter. Any subsequent changes to the pretreatment system or method of operation shall be submitted for City review and approval prior to the user's initiation of the changes.

B. Pursuant to Section 9.20.850, the City shall annually publish a list of the users who were in significant noncompliance with any pretreatment requirements or standards during the previous 12-month period.

"Significant noncompliance" shall be defined as follows:

1. Violations of Wastewater Discharge Limits.

a. Chronic violations exist where 66 percent or more of the measurements are in any magnitude of excess of the same daily maximum limit or the same average limit by more than the technical review criteria (TRC) in a six-month period,

b. Technical review criteria (TRC = 1.4 for BOD, TSS, fat, oil and grease; and 1.2 for all other pollutants except pH). Violations exist when 33 percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC,

c. Any other violation(s) of an effluent limit (average or daily maximum) that the City believes has caused, alone or in combination with other discharges, interference (e.g., slug loads), or pass-through, or endangered the health of wastewater personnel or the public,

d. Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the regional treatment plant's exercise of its emergency authority to halt or prevent such a discharge;

2. Violations of Compliance Time Schedules. Failure to comply with any compliance time schedule increment within 90 days after its due date;

3. Failure to meet reporting requirements for schedules of compliance, self-monitoring data, or categorical standards (baseline monitoring reports), 90-day compliance reports, and/or other periodic reports within 30 days from their due dates;

4. Failure to accurately report noncompliance;

5. Any other violation or group of violations that the City considers to be significant.

C. All records related to compliance with pretreatment standards shall be made available to officials of the EPA or the Regional Board upon request.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1409)

All industrial users shall keep records of waste hauling, reclamations, monitoring device calibration reports, sample analysis data, flow meter chart recordings, and records of flow meter calibration at the site of generation. All records are subject to inspection and shall be copied as needed. All records must be kept at the site of generation for a minimum of three years. The records retention period may be extended beyond three years in the event criminal or civil action is taken or if deemed necessary by the City Engineer.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1410)

All information provided by a user or obtained by the City through monitoring and inspection shall be made available to the public, unless the user specifically requests confidentiality and can demonstrate to the City that release of such information will violate the user's right to protection of trade secrets under applicable State law. Wastewater quantity and quality data shall not be treated as confidential information. Information determined by the City to be confidential shall not be disclosed without providing the user with a reasonable opportunity to seek judicial protection from such release.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1411)

A. If any discharge into the City sewer system contains, or may contain, constituents which will cause it to fail to conform to any of the requirements of this chapter, the City Engineer may grant approval for such discharge to the City sewer system with a waiver or modification of the requirement(s) which cannot be met if the following is determined:

1. The discharge will not cause harm to the City sewer system nor unreasonably or inequitably burden the operation of the system; and

2. When considered together with similar excesses in discharge of others limited by this chapter, will not materially affect the ability of the City to meet the requirements of the Chino Basin (Inland Empire) regional wastewater contract.

B. Waivers shall not apply to any National Categorical Pretreatment Standards and/or requirements.

C. When granting such waiver or modification of requirements, the City Engineer shall state in writing which requirement(s) are being waived or modified, along with the reasons as to why the waiver or modification is being issued. Any waiver granted pursuant to this section shall be subject to withdrawal at any time the City Engineer makes a subsequent finding that the City sewer system is unreasonably burdened or the ability of the City to meet the Chino Basin (Inland Empire) regional wastewater service contract requirements is materially affected by such waiver.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1412)

A. The Public Works Director may revoke an industrial user discharge permit for good cause, including, but not limited to, the following reasons:

1. Failure to notify the City of significant changes to the wastewater prior to the changed discharge;

2. Failure to provide prior notification to the City of changed conditions pursuant to Section 9.20.870(B)(4) of this chapter;

3. Misrepresentation or failure to fully disclose all relevant facts in the industrial user discharge permit applications;

4. Falsifying self-monitoring reports;

5. Tampering with monitoring equipment;

6. Refusing to allow the City timely access to the facility premises and records;

7. Failure to meet effluent limitations;

8. Failure to pay fines;

9. Failure to pay sewer charges;

10. Failure to meet compliance time schedules;

11. Failure to provide advance notice of the transfer of business ownership permitted facility; or

12. Violation of any pretreatment standard or requirement or any terms of an industrial user discharge permit or this chapter.

B. Industrial user discharge permits shall become void upon cessation of operations or transfer of business ownership. All industrial user discharge permits issued to a particular user are void upon the issuance of a new industrial user discharge permit to that user.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1413)

In accordance with 40 CFR 403.8(2)(vii), the City shall annually publish in the area's largest daily newspaper a list of all industrial users who, over the previous 12-month period, have been in significant noncompliance as defined in Section 9.20.800 of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1414)