Montclair Municipal Code Art. X Sewer Discharge Regulations

A. No user shall contribute, or cause to be contributed to the City sewer system, directly or indirectly, any pollutant or wastewater which will pass through or interfere with the system or the regional treatment plant. These specific prohibitions apply to all users of the City sewer system whether or not the user is subject to National Categorical Pretreatment Standards or any other national, State or local pretreatment standards or requirements.

B. A user shall not contribute the following substances to the City sewer system:

1. Any liquids, solids or gases, or pollutants such as gasoline, benzene, naphtha, solvents, and fuel oils which, by reason of their nature or quantity, are or may be sufficient to cause fire or explosion or be injurious in any other way to the regional treatment plant, including, but not limited to, waste streams with a closed-cup flash point of less than 140 degrees Fahrenheit (60 degrees centigrade) using the test methods specified in 40 CFR Part 261.21;

2. Any waste which cannot be carried freely under normal flow conditions prevailing in the City sewer system. This prohibition shall apply to, but not be limited to, solid or viscous substances which may cause obstruction to the flow in a sewer, or other interference with the operation of the regional treatment plant, such as grease; garbage with particles greater than ½ inch in any dimension; animal guts or tissues; paunch manure, bones, hair, hides, fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, or diatomaceous earth; stone or marble dust; metal, glass, straw, grass clippings, mud, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, or asphalt residue; residue from refining or processing of fuel or lubricating oil; or glass grinding or polishing wastes;

3. Any wastewater having a corrosive property capable of causing damage or hazard to structures, equipment, or personnel and in no case wastewater with a pH below 6.0 or greater than 10.0 or that which will change the pH of the City's discharge to the Inland Empire Utilities Agency's regional interceptor to below 7.0 or above 9.0;

4. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the regional treatment plant, or exceed the limitation set forth in the National Categorical Pretreatment Standards. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act;

5. Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life, or are sufficient to prevent entry into the sewers for maintenance and repair;

6. Any substance which may cause the regional treatment plant's effluent or any other product of the regional treatment plant, such as residue, sludge or scum, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the City sewer system cause the regional treatment plant to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Toxic Substances Control Act, the Resource Conservation and Recovery Act, or State criteria applicable to the sludge management method being used;

7. Any discharge of pollutant(s) which alone, or in combination with other discharges, will persist after treatment or will cause the regional treatment plant to violate its NPDES and/or State disposal system permit or the receiving water quality standards;

8. Any wastewater that discolors normal treatment plant influent such that it is detrimental to treatment plant operations or causes violation of the NPDES permit;

9. Any waste having a temperature of 140 degrees Fahrenheit or higher, or causes the wastewater influent to a treatment plant to exceed 104 degrees Fahrenheit;

10. Any slug load;

11. Any radioactive wastes, unless:

a. The user is authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials, and

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

c. The user is in compliance with all other applicable laws and legal requirements;

12. Any wastewater which causes a hazard to human life or creates a public nuisance;

13. Any emulsifying agent which suspends or emulsifies any fat, grease or oil and is specifically used to prevent oil and grease buildup in any gravity separation device or interior plumbing;

14. Any unpolluted water, including cooling water, stormwater, subsurface water, and single-pass cooling water. The City Engineer may approve, on a temporary basis, the discharge of such water only when no reasonable alternative method of discharge is available. The user shall pay all applicable charges and fees;

15. Any discharge from any vehicle radiator, including, but not limited to, radiator fluid or radiator flush chemicals;

16. Any overflow from a septic tank, cesspool, chemical toilet, or any liquid or sludge pumped from trailers, buses, or similar vehicles having wastewater holding tanks, except at such place and in such manner as may be prescribed by the City Engineer;

17. Any waste transported from one location or facility to another for the purpose of treating and discharging it directly or indirectly into the City sewer system without written permission from the City Engineer;

18. Any amounts of petroleum oil, nonbiodegradable cutting oil, or products of mineral origin which form persistent water emulsions or that will cause interference, upset or pass-through;

19. Any discharge that results in toxic gases, vapors, or fumes within the City sewer system in a quantity that may cause acute worker health and safety problems;

20. Any waste containing excessive quantities or concentrations of benzene or other volatile organic compounds or any other waste constituent that alone or in combination with other materials adversely affects air quality;

21. Any waste containing toxic or poisonous solids, liquids or gases in such quantities that alone or in combination with other waste substances may create a hazard for humans, animals, or local environment; interfere with wastewater treatment processes; cause a public nuisance; cause any hazardous condition in the City sewer system; or cause interference, upset or pass-through;

22. Any wastes which cause excessive incrustations or scale, precipitate on sewer walls, or have any corrosive or detrimental characteristics that may cause damage to the City sewer system or injury to service and maintenance personnel;

23. Any waste containing excessive quantities or concentrations of chlorides, fluorides, sulfates, borates, or any other materials that can cause a pass-through at a wastewater treatment plant and degrade water quality or limit reuse of the wastewater;

24. Any amount of a hazardous substance or toxic pollutant except as allowed in subsection (B)(11) of this section;

25. Any hazardous waste discharged to any portion of the City sewer system or treatment plants by truck, rail, or dedicated pipeline;

26. Any wastes with excessively high BOD, COD, or other oxygen-demanding substances;

27. Any waste containing excessive quantities or concentrations of ammonia;

28. Any excessive quantities of deionized water, steam, condensate, or distilled water;

29. Any wastes containing excessive quantities or concentrations of thiosulfate or any other waste constituent which requires chemical applications above levels used in the normal operation of the City sewer system;

30. Any recognizable portions of the human anatomy;

31. Any waste containing substances that may precipitate, solidify, gel, polymerize, or become viscous at temperatures between 40 degrees Fahrenheit and 100 degrees Fahrenheit;

32. Any quantity of chlorinated hydrocarbons, pesticides, or fertilizers which cause interference, upset or pass-through;

33. Any waste generated outside the City boundaries and discharged into the City sewer system, unless otherwise approved by the City Council;

34. Any wastes requiring an excessive quantity of chlorine or other chemical compound to be used for disinfection purposes;

35. Any waste containing detergents, surface-active agents, or other substances which may cause excessive foaming in the City sewer system;

36. Any discharge of trucked or hauled pollutants except at discharge points as may be designated by the City Engineer;

37. Any infectious waste unless prior written approval for such discharge is given by the City Engineer.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1101)

A user shall have an affirmative defense in any action brought against it alleging a violation of this chapter when a user can demonstrate, according to 40 CFR Part 403.5(a)(2)(i, ii)(A, B) that:

A. User did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass-through, upset or interference; and

B. A local limit designed to prevent pass-through, upset or interference was developed in accordance with 40 CFR Part 403.5(c) and the user was in compliance with each such local limit directly prior to and during the pass-through, upset or interference; or

C. A local limit designed to prevent pass-through and interference was not developed in accordance with 40 CFR Part 403.5(c) and the user's discharge directly prior to and during the pass-through, upset or interference did not change substantially in nature or constituents from the user's prior discharge activity when the regional treatment plant was regularly in compliance with the regional treatment plant's NPDES permit requirements, and in the case of interference, was regularly in compliance with applicable requirements for wastewater sludge use or disposal.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1102)

Users shall comply with all applicable federal regulations and pretreatment standards contained in 40 CFR Part 403-471 and all amendments thereto or any applicable, more stringent State wastewater discharge regulations and standards and including but not limited to the limits outlined in Section 9.20.610 of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1103)

No person shall, except as specifically allowed by the Public Works Director, on a temporary basis or as provided in this article, discharge or cause to be discharged to the regional treatment plant any wastewater which contains pollutants in concentrations exceeding those shown as follows:

Local Pollutant Limitations

The Public Works Director may authorize the discharge of nondomestic wastewater with BOD and TSS concentrations greater than 300 milligrams per liter, subject to conditional waivers and/or payment of a surcharge fee to the City.

Any surcharge fee assessed against the City by the district for discharge of City wastewater with surchargeable concentrations of BOD and TSS, pursuant to the regional sewer service contract, shall be allocated to the industrial users who discharge wastewater with BOD or TSS concentrations above 300 milligrams per liter on the basis of total pounds of BOD or TSS discharged over the district's surcharge period.

The Public Works Director may specify an electrical conductivity limit of 1540 micromhos per centimeter at 25 degrees centigrade in lieu of the TDS limit listed in this section if there is reason to believe that there may be significant interference with the analytical procedure to determine TDS.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1104)

In accordance with 40 CFR Part 403.6(d), no user shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards or in any other pollutant specific limitation developed by the City or State.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1105)

Each industrial user shall provide spill containment and/or protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or 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 approved by the City before construction of such facility. Industrial users may not discharge into the City sewer system until such accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, slug load, or bypass of any pretreatment equipment, it is the responsibility of the user to immediately telephone and notify the City of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

A. Written Notice. Within five days following an accidental discharge, slug load, or bypass, the user shall submit to the City Engineer a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar occurrences. Such notification shall not relieve the user of any fines, civil penalties, or compliance with all applicable laws and legal requirements.

B. Notice to Employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge, slug load, or bypass. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1106)

No person shall cause any discharge into a manhole or other opening in a sewer unless such discharge is approved by the City Engineer upon written application by the user and payment of the applicable charges and fees.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1107)

Spent solutions, sludge, recovered pretreatment wastes and materials of quantity or quality to be in violation of or prohibited by this chapter or prohibited by any industrial user discharge permit issued pursuant to this chapter must be disposed of in a legal manner at a legally acceptable point of disposal as defined by the appropriate regulatory agency. All waste manifests shall be retained for a minimum of three years and be made available to the City upon request.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1108)

A. Bypassing is prohibited and the City may take enforcement action against a user unless:

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

2. There were no feasible alternatives to the bypass, such as the use of auxiliary pretreatment systems, retention of untreated waste, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment was not installed in the exercise of reasonable engineering judgment to prevent a bypass from occurring during normal periods of equipment downtime or preventive maintenance; and

3. The user submitted notice as required in Section 9.20.630 of this chapter entitled, "Accidental discharges."

B. If a user knows in advance of the need for a bypass, the user shall submit a notice of such bypass for approval by the City Engineer at least 10 days before the date of the bypass.

C. The City Engineer may approve an anticipated bypass, after considering its adverse effects, if the City Engineer determines that it will meet the conditions listed in Section 9.20.580 of this chapter entitled, "General discharge prohibitions."

D. A user shall verbally notify the City Engineer of an unanticipated bypass immediately after the user becomes aware of the bypass. The user shall submit a written report to the City Engineer within five days of the time the user becomes aware of the bypass. The written report shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times; and if the bypass has not been corrected, an estimate of the anticipated time the bypass is expected to continue and the steps planned to reduce, eliminate, and prevent reoccurrence of the bypass.

E. Notification provided pursuant to this section shall not relieve the user 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 user of any charges and fees or other liability which may be imposed under this chapter or other applicable law or legal requirements.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1109)