Morro Bay Municipal Code Art. I General Provisions

This chapter sets forth uniform requirements for users of the POTW for the city and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of the CFR Part 403). The objectives of this chapter are:

A. To prevent the introduction of pollutants into the POTW that will interfere with its operation;

B. To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;

C. To protect the quality of the finished water and drinking water supply produced by the city's WRF;

D. To protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

E. To promote reuse and recycling of industrial wastewater and sludge from the POTW;

F. To enable the city to comply with its NPDES permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject;

G. This chapter shall apply to all users of the POTW. The chapter authorizes the issuance of industrial wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting.

(Ord. No. 642, § 1, 1-26-21)

Except as otherwise provided herein, the utilities division/department manager shall administer, implement, and enforce the provisions of this chapter and, pursuant to Sections 1.16.050 and 1.16.060 of the MBMC, shall be designated as a code enforcement officer for purposes of enforcing this chapter. Any powers granted to, or duties imposed upon the utilities division/department manager may be delegated by the utilities division/department manager, in writing, to so duly authorized city employee.

(Ord. No. 642, § 1, 1-26-21)

The following abbreviations, when used in this chapter, shall have the following designated meanings:

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BOD — Five day biochemical oxygen demand;

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BMPs — Best management practices;

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BMR — Baseline monitoring report;

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CFR — Code of Federal Regulations;

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CIU — Categorical industrial user;

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COD — Chemical oxygen demand;

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EPA — U.S. Environmental Protection Agency;

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FOG — Fats, oils, and grease;

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FF — Food facility;

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gpd — Gallons per day;

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H&SC — Health and Safety Code;

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IU — Industrial user;

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MBMC — Morro Bay Municipal Code;

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mg/l — Milligrams per liter;

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NPDES — National Pollutant Discharge Elimination System;

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NSCIU — Non-significant categorical industrial user;

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POTW — Publicly owned treatment works;

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RCRA — Resource Conservation and Recovery Act;

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SIU — Significant industrial user;

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TSS — Total suspended solids;

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U.S.C. — United States Code;

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WRF — Water recycling facility.

(Ord. No. 642, § 1, 1-26-21)

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall mean, as follows:

A. Act or "the Act." The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251 et seq.

B. Approval Authority. California Regional Water Quality Control Board Central Coast Region, or any successor agency.

C. Authorized or Duly Authorized Representative of the User.

1. If the user is a corporation, then:

a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

b. The manager of one or more manufacturing, production, or operating facilities, provided the manager: (i) is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and to initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; (ii) can ensure the necessary systems are established or actions taken to gather complete and accurate information for industrial wastewater discharge permit requirements; and (iii) has been given authority to sign documents, in accordance with corporate procedures.

2. If the user is a general or limited partnership, limited liability company or sole proprietorship, then a general partner, managing member or owner, respectively.

3. If the user is a federal, state, or local governmental facility, then a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

4. The individuals described in subsections 1 through 3, above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or for having overall responsibility for environmental matters for the entity, and the written authorization is submitted to the city.

D. Best Management Practices or BMPs. Schedules of activities, prohibitions of activities, maintenance procedures, and other management methods to implement the prohibitions listed in subdivisions 13.12.050(A) and (B) of this chapter. BMPs include treatment requirements, operating procedures, and methods to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

E. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/L).

F. Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405—471.

G. Categorical Industrial User (CIU). An industrial user subject to a categorical pretreatment standard or categorical standard.

H. Chemical Oxygen Demand or COD. A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

I. Control Authority. The city.

J. Daily Maximum. The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

K. Daily Maximum Limit. The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

L. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, the regional administrator, or other duly authorized official of said agency.

M. Existing Food Facility or Existing FF. Any food facility that has been in continuous operation since before February 25, 2021 under the same ownership or control.

N. Existing Source. Any source of discharge that is not a "new source."

O. FOG. Fats, oils, and grease.

P. Food Facility FF. Any facility defined in California Retail Food Code, H&SC Section 113789, and any commercial entity discharging into the city sewer system, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a mechanical exhaust ventilation system, as required in H&SC Section 114149. A limited food preparation establishment is not considered a food facility when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.

Q. Grab Sample. A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen minutes.

R. Grease Interceptor. A multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, underground between a FF and the connection to the sewer system. This device primarily uses gravity to separate FOG from the wastewater as it moves from one compartment to the next. This device must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner at regular intervals to be effective.

S. Grease Removal Device. Any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system. Grease removal device may also include any other proven method to reduce FOG subject to approval of the utilities division/department manager. A grease removal device is a form of pretreatment and as such is subject to all regulations pertaining to the installation and maintenance of pretreatment systems as recognized in this chapter and in the General Pretreatment Regulations (40 C.F.R. § 403).

T. Grease Trap. A grease control device that is used to serve individual fixtures and have limited effect and should only be used in those cases where the use of a grease interceptor or other grease removal device is determined to be impossible or impracticable.

U. Holding Tank. Any container of wastewater, such as those from chemical toilets, vessels, boats, campers, or trailers, but excluding septic tanks.

V. Hot Spots. Areas in sewer lines that have experienced sanitary sewer overflows (SSOs) or that must be cleaned or maintained frequently to avoid blockages of the sewer system.

W. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any nondomestic source.

X. Instantaneous Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

Y. Interference. A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations, including, but not limited to, section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

Z. Local Limit. Specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in subsections 13.12.050(A) and (B) of this chapter.

AA. Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

BB. Monthly Average. The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

CC. Monthly Average Limit. The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

DD. Narrative Standard or Narrative Limit. Any statement of prohibition or condition on a discharge established in this chapter that is not a local limit. Narrative standards include, but are not limited to, prohibited discharge standards and BMPs.

EE. New Food Facility or New FF. Any food facility that starts operations after February 25, 2021, regardless whether in a newly constructed building, a remodeled building or using an existing building or space.

FF. New Source.

1. Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under subsection 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

a. The building, structure, facility, or installation is constructed at a site at which no other source is located;

b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of [subsection] (1)(b) or (c), above, but otherwise alters, replaces, or adds to existing process or production equipment.

3. Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

a. Begun, or caused to begin, as part of a continuous onsite construction program:

i. Any placement, assembly, or installation of facilities or equipment; or

ii. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

GG. Noncontact Cooling Water. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

HH. Oil Interceptor. A device for retaining oil by gravity-differential separation from waste effluent, and of a design and capacity approved by the utilities division/department manager.

II. Pass Through. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation.

JJ. Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

KK. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.

LL. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

MM. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

NN. Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

OO. Pretreatment Standards, National Pretreatment Standards, or Standards. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

PP. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in [Section] 13.12.200 of this chapter.

QQ. Publicly Owned Treatment Works or POTW. A treatment works, as defined by Section 212 of the Act (33 U.S.C. section 1292), which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.

RR. Sanitary Sewer Overflow or SSO. An overflow from the sanitary sewer system of domestic wastewater, as well as industrial and commercial wastewater.

SS. Septic Tank. Any container used for holding and treating waste in a septic system.

TT. Sewage. Human excrement and gray water, including, but not limited to, commercial, governmental or household showers and dishwashing operations.

UU. Significant Industrial User (SIU). Except as provided in subsections 3 and 4 of this definition, a significant industrial user is:

1. An industrial user subject to categorical pretreatment standards; or

2. An industrial user that:

a. Discharges an average of twenty-five thousand gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

b. Contributes a process wastestream, which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

c. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement.

3. The city may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than one hundred gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

a. The industrial user, prior to city's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

b. The industrial user annually submits the certification statement required by subsection 13.12.695(B) of this chapter together with any additional information necessary to support the certification statement; and

c. The industrial user never discharges any untreated concentrated wastewater.

4. Upon a finding that a user meeting the criteria in [subsection] 2, above has no reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

VV. Slug Load or Slug Discharge. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 13.12.200 of this chapter. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTWs regulations, local limits or permit conditions.

WW. Stormwater. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

XX. Total Suspended Solids or Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

YY. Twenty-five Percent Rule. A requirement for grease interceptors to be maintained such that the combined FOG and solids accumulation does not exceed twenty-five percent of the design hydraulic depth of the grease interceptor.

ZZ. User or Industrial User. A source of indirect discharge.

AAA. Utilities Division/Department Manager. The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter. The term also means a duly authorized representative, as designated in writing by the utilities division/department manager.

BBB. Wastewater. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

CCC. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

(Ord. No. 642, § 1, 1-26-21)