Mountain View Municipal Code § 35.33 Purpose

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Prior ordinance history: Ord. Nos. 27.73, 41.79, 23.82, 23.89, 23.90, 9.92 and 20.92.

The purpose of this article and the city's industrial wastewater pretreatment and urban runoff programs is to prevent and control pollution and to protect and foster human health and the environment. This Division sets forth policies and requirements to prevent the discharge of any pollutant into the sanitary sewer, storm sewer or surface waters which would:

(1) Obstruct or damage the collection system;

(2) Interfere with, inhibit or disrupt the Palo Alto regional water quality control plant or its treatment processes, operations, sludge processes, use or disposal processes;

(3) Pass through the plant and contribute to violations of the regulatory requirements placed upon the plant; or

(4) Result in deterioration of or threaten harm to human health or the environment.

It is the intent of the city to update and modify this article as needed to continue to provide programs for urban runoff and pretreatment of industrial wastes which are approved by federal, state and local regulatory agencies. Therefore, this article is designed to be no less stringent than the U.S. Environmental Protection Agency "General Pretreatment Regulations for Existing and New Sources of Pollution" published at 40 CFR Part 403, as applicable, and satisfy the federal Clean Water Act and the California Porter Cologne Act with respect to discharges to San Francisco Bay and its tributaries. As such, this article may be amended from time to time.

(Ord. No. 25.94, 12/6/94; Ord. No. 16.02, 9/24/02; Ord. No. 2.13, § 2, 3/26/13.)

The fire chief shall be responsible for the administration and enforcement of the provisions of this article, for conducting an industrial waste source control program, for conducting a stormwater pollution control program and for promulgating such orders, rules and regulations as are necessary to accomplish the purposes of this article in accordance with the requirements that are or may be promulgated by the Environmental Protection Agency, the State Water Resources Control Board, the State Department of Health Services, the California Regional Water Quality Control Board for the San Francisco Bay region, or any other duly authorized boards or agencies.

(Ord. No. 25.94, 12/6/94; Ord. No. 11.07, 11/27/07; Ord. No. 2.13, § 2, 3/26/13.)

Any information submitted to the fire chief pursuant to this Division may be claimed as confidential business information by the submitter, as follows:

(A) Any such claim must be asserted at the time of submission by stamping the words "confidential business information" on each page containing such information. Information submitted prior to the inclusion of this section in the Division may be withdrawn and replaced by submittals stamped "confidential business information." If no such claim is made at the time of submission, the information may be made available to the public without further notice.

(B) Upon receipt of a request for the release of information to the public which includes information which the discharger has notified the fire chief is claimed to be confidential business information as provided herein, the fire chief shall notify the discharger in writing of the request by certified mail, return receipt requested. The fire chief shall release the information to the public, but not earlier than thirty (30) days after the date of mailing the notice of the request for information, unless, prior to the expiration of the thirty (30) day period, the discharger files an action in an appropriate court for a declaratory judgment that the information is subject to protection under the laws of the State of California or for an injunction prohibiting disclosure of the information to the public and promptly notifies the fire chief of that action. This section does not permit a discharger to refuse to disclose the information required pursuant to this Division to the fire chief.

(C) Information and data provided to the fire chief pursuant to this section which constitutes effluent or flow data, as defined at 40 CFR Sec. 2.302, shall be available to the public without restriction.

(D) A discharger may be prohibited from discharging a substance unless its composition is made known to the fire chief.

(Ord. No. 2.13, § 2, 3/26/13.)

35.33.3.1. It shall be unlawful for any person or organization to discharge or cause to be discharged any industrial wastes, wastewater or polluted water whatsoever directly or indirectly into the sewer system without first obtaining a permit for discharge. The discharge applicant shall not commence discharge prior to permit issuance. Furthermore, it shall be unlawful for any person to discharge any industrial wastes or polluted water in excess of the quantity or quality limitations, or to violate any other requirement set forth in this article or in a permit for discharge.

35.33.3.2. The permit for discharge shall, at a minimum, specify the following:

(1) Flow discharge limitations;

(2) Compliance directives specifying maintenance and/or upgrade requirements and dates for complying with these requirements;

(3) Discharger self-monitoring program as described in MVCC Sec. 35.33.14;

(4) Effluent limits, including Best Management Practices, based on applicable general Pretreatment Standards in 40 CFR Part 403, categorical Pretreatment Standards, local limits, and state and local law;

(5) Sample collection and analysis specifications;

(6) Quality assurance/quality control procedures;

(7) Violation reporting and follow-up procedure requirements;

(8) Recordkeeping requirements;

(9) Penalty provisions for violating any provision of the permit or Chapter 35 MVCC, including a statement of applicable civil and criminal penalties for violation of Pretreatment Standards and requirements and any applicable compliance schedule;

(10) Requirements for transferring permits listed in MVCC Sec. 35.33.2.4;

(11) Duration of the permit, which is not to exceed a five-year period, and shall include an effective date and expiration date; and

(12) Requirements to control slug discharges, if determined necessary by the fire chief.

The permit may also specify the following discharge limitations: pretreatment of wastes before discharge, restriction of peak flow discharges, prohibition of discharge of certain wastewater contaminants, restriction of discharge to certain hours of the day, specific investigations or studies to determine methods of reducing toxic constituents in the discharge and any requirements set forth in this article for which the facility is not already in compliance, including dates for complying with these requirements. The permit may impose additional terms and conditions upon the discharger which the fire chief deems reasonable or necessary to carry out the purposes of this chapter.

35.33.3.3. A permit may be issued to the applicant if:

(1) The applicant has complied with all reporting requirements of this chapter;

(2) The applicant has furnished all requested information, including a complete permit application as described in this chapter;

(3) The fire chief determines there are adequate devices, equipment, chemicals and other facilities to sample, meter where desirable, convey, treat and dispose of the industrial wastes;

(4) The person(s) responsible for treatment and control are adequately trained and capable of consistently meeting permit requirements;

(5) The characteristics and analysis of the discharge show compliance with the quality limitations set forth in this chapter and all applicable federal regulations; and

(6) The applicant has paid all fees associated with a new or renewal permit.

35.33.3.4. No permit for discharge is transferable without the prior written consent of the fire chief. A change of ownership (including a transfer of the majority of shares in a corporate discharger) of the waste generating facilities requires the submittal of an amended permit application.

35.33.3.5. Any person or organization desiring to discharge waste at an increased rate, or volume, or waste with higher levels of pollutants to the sewer collection system or to discharge wastes or use facilities which are not in conformance with their discharge permit shall apply for and obtain an amended permit prior to any such discharge or use.

35.33.3.6. Permits for discharge may be made subject to additional terms or conditions, modified, suspended or revoked by the fire chief when such action is necessary:

(A) To incorporate any new or revised federal, state or local pretreatment standards or requirements;

(B) To address significant alterations or additions to the discharger's operation, processes or wastewater volume or character since the time of the individual wastewater discharge permit issuance;

(C) To address a change in the plant that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(D) To stop a discharge or a threatened discharge which presents a hazard or a threat of hazard to the sanitary sewer system, plant, personnel, public health, safety, welfare, natural environment, the receiving waters or which violates this division;

(E) For violation of any terms or conditions of the discharge permit;

(F) For misrepresentations or failure to fully disclose all relevant facts in the discharge permit application or in any required reporting;

(G) For revision of or a grant of variance from federal pretreatment standards;

(H) To correct typographical or other errors in the individual wastewater discharge permit;

(I) To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with MVCC Sec. 35.33.2.4; or

(J) To implement programs or policies required or requested of the fire chief by appropriate state or federal regulatory agencies.

(K) Any discharger notified of the city's intent to make subject to additional terms or conditions, modify, suspend or revoke the discharger's discharge permit shall immediately comply with directives of the fire chief and/or cease and desist the discharge of all industrial wastes, wastewaters or polluted waters, or such portions as will eliminate the wrongful discharge of industrial wastes, wastewaters or polluted waters into the sewer system.

(L) The fire chief shall reinstate any suspended industrial waste discharge permit upon proof of the following:

(1) Satisfactory ability to comply with all discharge requirements; and

(2) The payment of costs, fines or penalties which may be assessed. The fire chief may require the permit holder to develop and implement a compliance schedule for any proposed modification of permit terms and conditions.

35.33.3.7. Any person or organization may be exempt from obtaining a discharge permit if they can demonstrate to the satisfaction of the fire chief that all discharges to the sanitary sewer have ceased, and all potential sanitary sewer access openings (openings other than those intended for domestic waste) have been removed from service in a manner acceptable to the city. "Removed from service" includes but is not limited to: filling the access with concrete, covering the access with a nonremovable cap, placing a berm or curb around the access so that only unpolluted water can enter or any other method which prevents the discharge of nondomestic wastewater to the sanitary sewer. The exemption from obtaining a discharge permit does not apply to significant industrial users.

35.33.3.8. The fire chief may authorize a discharger by permit to discharge exceptional wastes. The city shall be compensated for any costs it incurs in authorizing such discharge, including any expense in determining whether such discharge is compatible with the sewer system and is in compliance with the federal pretreatment regulations. Permission to discharge exceptional wastes may either be given as an addendum to a current permit or by a separate permit.

(Ord. No. 25.94, 12/6/94; Ord. No. 2.13, § 2, 3/26/13.)

35.33.4.1. Applicants for a permit for industrial waste or polluted water discharge shall complete and submit an application form for each facility having a point or points of discharge into the city sewer. The contents of the application form shall be established and approved by the fire chief.

(A) Applications shall include the following:

(1) The name, address, phone number and title of the responsible party;

(2) The name, address, twenty-four (24) hour contact phone number and title of the on-site contact person;

(3) A list of additional environmental permits currently held by the applicant;

(4) Process flow diagram(s) indicating the wastewater source, type of treatment system used (if any) and intended point(s) of discharge for each wastewater process. In addition, each wastewater-generating process shall also specify the average wastewater discharge flow, maximum wastewater discharge flow (in gallons per day) and indicate whether these flows will be estimated or measured;

(5) A site plan (map) showing:

(i) Locations of any wastewater treatment equipment;

(ii) Location of sampling port(s) (if any);

(iii) Location of sewer lines (both industrial and domestic waste); and

(iv) Any additional information which the fire chief deems reasonable or necessary to carry out the purposes of this chapter.

35.33.4.2. The fire chief may require, prior to or supplemental to the discharge application, a baseline monitoring report (BMR), as described in MVCC Sec. 35.33.7.1(1).

35.33.4.3. In the case of third parties requesting permission to discharge industrial waste or polluted water generated by another party, or the products of treating waste or polluted water generated by another party, the waste generator or responsible party must submit a "designation of authorized representative (DOAR)" to the fire chief to authorize the third party to conduct business and sign reports on their behalf. However, the permit application must be signed by such waste generator or responsible party.

35.33.4.4. During application review and prior to issuance of a discharge permit, the fire chief shall determine whether the discharge is subject to the categorical standards provided in the federal pretreatment regulations.

(Ord. No. 25.94, 12/6/94; Ord. No. 2.13, § 2, 3/26/13.)

35.33.5.1. The fire chief may conduct all inspection, surveillance and monitoring procedures necessary and as permitted by law to assure compliance with applicable sections of the ordinance codified in this article or with U.S. Environmental Protection Agency or State of California regulations.

35.33.5.2. The fire chief may obtain authorization to enter any premises or to inspect the records of any discharger in a manner consistent with the requirements of State and federal law, and upon obtaining such authorization, to inspect such premises or records to determine whether violations of this article, and applicable federal and state laws and local ordinances have occurred or are occurring.

35.33.5.3. In addition to any other remedy available to the city, city inspectors designated to do so by the fire chief may issue compliance directives at the time of an inspection to require the discharger to implement actions which will correct violations of this article or the permit. Such directives shall be considered as an additional condition on the discharger's permit and may be reviewed as provided in MVCC Sec. 35.33.6.

(Ord. No. 25.94, 12/6/94; Ord. No. 2.13, § 2, 3/26/13.)

35.33.6.1. The fire chief shall give a discharge permit holder or applicant ten (10) calendar days written notice of intent to issue or deny the application, or revoke, modify or suspend the discharger's permit. The fire chief shall post a copy of such notice at City Hall for interested persons. The notice shall set forth specifically the grounds for the fire chief's intentions to issue, deny, revoke, modify, or suspend a permit. The fire chief's written notice shall inform the discharge applicant or permit holder they have ten (10) days from the date of receipt of the notice to file a written request for a hearing. Any person, discharge permit holder and discharge applicant shall have, upon written request, a hearing before a designated hearing officer. If a hearing is not requested within the ten (10) day period, the application shall be issued or denied, or the permit shall be revoked, modified or suspended in conformance with the fire chief's written notice of intent.

35.33.6.2. The fire chief shall, within ten (10) working days from the receipt of a timely written request for a hearing, set a time and place for the hearing and shall issue a written notice of hearing to the discharge applicant or permit holder. The written notice of hearing shall be at least ten (10) days prior to the hearing and include the time and place of the hearing and a description of the subject matter and purpose for the hearing. All parties involved shall have the right to offer testimony and other evidence and be represented by counsel. The decision of the hearing officer shall be final.

(Ord. No. 25.94, 12/6/94; Ord. No. 2.13, § 2, 3/26/13.)

35.33.7.1. Periodic reports. All permit holders shall be required to submit periodic reports to the fire chief as described in this section. Dischargers or persons subject to the reporting requirements of this chapter shall retain, and make immediately available for inspection and copying upon request, all records of information obtained pursuant to this chapter, including, but not limited to, any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the discharger independent of such requirements and documentation associated with best management practices. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the discharger or the city, or where the discharger has been specifically notified of a longer retention period by the fire chief. Reporting and record-keeping described in this section are control mechanism requirements specified in 40 CFR Sec. 403.8(f)(1)(B)(4). Additional specific reporting requirements may be specified in the discharge permit, in compliance directives, in notices of violation, in administrative orders or in hearing orders.

(1) Baseline monitoring report (BMR). This report shall be required from all significant industrial users at least ninety (90) days prior to commencement of discharge, and may be required from permit applicants as determined by the fire chief prior to issuance of a new or amended permit to the applicant. The report shall document the concentration of regulated materials proposed to be discharged to the sanitary sewer through submittal of chemical analysis of the process wastewater discharge(s). The results of these analyses, in addition to the applicant's hazardous materials inventory; shall serve as the basis for the specific requirements of the discharger self-monitoring program. All wastewater samples shall be collected, preserved and analyzed in accordance with specifications established by the city and 40 CFR Part 136. The BMR shall meet all requirements specified in 40 CFR Sec. 403.12(b) and include the certification statement in 40 CFR Sec. 403.6(a)(2)(ii). In the event that a significant industrial user is a "zero discharge" facility or the discharge is so minimal that the flow is immeasurable and baseline samples cannot be collected, the BMR may be waived until such time the facility is no longer a "zero discharge" facility or measurable flows are generated.

(2) Compliance report. This report is described in MVCC Sec. 35.32.7.2, below.

(3) Periodic report of continued compliance (PRCC). All permit holders shall be required to submit periodic reports to the fire chief. Specific reporting requirements shall be specified in the permit, in notices of noncompliance or other directives. All industrial discharge permit holders are required to submit a PRCC at a minimum of every six (6) months. The due dates for the PRCC submittals are July 15 for the period from December 1 through June 30, and January 15 for the period from July 1 through December 31 each fiscal year. These reports shall: (a) indicate whether applicable pretreatment standards and/or local discharge standards have been met during the reporting period; (b) document the sampling and analysis performed pursuant to the discharger self-monitoring program as described in MVCC Sec. 35.33.14; (c) contain the measured or estimated average and maximum daily discharge flows for the reporting period; (d) contain certification statements described in MVCC Sec. 35.33.7.6; and (e) certify that the waste discharged during the reporting period did not constitute a hazardous waste. Significant industrial users shall meet all federal reporting requirements as specified in 40 CFR Sec. 403.12(e) and include the certification statement in 40 CFR Sec. 403.6(a)(2)(ii) and MVCC Sec. 35.33.7.6.

(4) Toxic organic management plan (TOMP). This report shall specify: (a) the toxic organic compounds used; (b) the method of disposal used instead of dumping such as reclamation, contract hauling, or incineration; and (c) procedures for ensuring that toxic organics do not routinely spill or leak into the wastewater.

(5) Waste minimization studies. Dischargers shall complete a waste minimization study in accordance with guidelines published by the fire chief if so requested. The discharger shall certify that measures have been taken to minimize toxic constituents in the discharge.

(6) Slug control plan. Significant industrial users shall complete a slug control program in accordance with guidelines published by the fire chief, and as required in discharge permits, if determined to be necessary. Significant industrial users shall notify the fire chief of any facility or operational changes that will induce necessary changes to a slug control plan or in the case of facilities where a slug control plan was not required, will induce reevaluation of the need for a slug control plan.

(7) Report on compliance with categorical pretreatment standard deadline. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards shall submit a report containing the information described in 40 CFR Sec. 403.12(d) and include the certification statement in 40 CFR Sec. 403.6(a)(2)(ii) and MVCC Sec. 35.33.7.6.

35.33.7.2. Noncompliance and increased loading reporting.

(A) Noncompliance with the provisions of this article shall be reported verbally to the City of Mountain View's fire and environmental protection division as soon as possible but no later than twenty-four (24) hours of the discharger's knowledge of the noncompliance. If an accidental discharge, slug discharge or upset or failure of the pretreatment system occurs, verbal notification shall be made within fifteen (15) minutes of the discharger's knowledge of the condition. The discharger shall also repeat the sampling and analysis and submit the results to the fire chief within thirty (30) days of becoming aware of the violation. A compliance report shall be submitted to the fire chief within fifteen (15) working days explaining the cause, nature, volume, duration of the noncompliance and mitigation measures taken to correct the noncompliance and to prevent reoccurrence.

(B) The reporting requirements of paragraph (A) above shall also apply to: any short-term, large or unusual increase in flow or concentration of waste constituents regardless of whether noncompliance has resulted; any slug discharge; and discharge of any hazardous waste. Notices shall be posted in process areas (or other equally effective notification procedures used) giving instruction on reporting such increases. The following requirements apply to all releases to the sanitary sewer system caused by spills, slug discharges, pretreatment system upsets, failures or bypasses, or any other accidental discharges:

(1) The discharger shall immediately take action to stop, contain and clean up unauthorized discharges or otherwise stop the noncompliance, and correct the problem.

(2) The discharger shall immediately verbally notify the fire chief upon becoming aware of such incidents.

(3) As soon as practicable and throughout the incident, the discharger shall collect representative samples at the point of release and at any impacted sampling location(s).

(4) The discharger shall submit a written report to the fire chief within five (5) days of the discharger's knowledge of the incident explaining the nature, volume and duration of the discharge and mitigation measures taken to correct the noncompliance and prevent recurrence.

(5) The discharger shall notify the fire chief in advance of any anticipated significant change in the volume or characteristics of discharge from the facility or any significant operational, process or pretreatment system changes.

(6) The discharger shall immediately notify the fire chief of changes that occur at the facility affecting the potential for a spill or slug discharge.

(7) The discharger shall notify the fire chief at least ten (10) days in advance of any anticipated bypass that may cause violation of pretreatment standards or requirements. Bypass is prohibited unless the operation is unavoidable to prevent loss of life, personal injury and severe property damage; and only when there are no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or other rationale described in 40 CFR Sec. 403.17.

(C) For discharges of hazardous waste, the discharger shall also notify the plant, the fire chief, the EPA regional waste management division director, the County of Santa Clara Department of Environmental Health and the State of California Department of Toxics Substances Control as required in 40 CFR Sec. 403.12(p).

35.33.7.3. Compliance with the reporting requirements listed in this section shall not relieve any discharger of liability for any expense, including, but not limited to, costs for countermeasures, loss or damage to the sewer system and/or treatment plant or treatment process, reimbursement for any fines imposed on the city on account thereof, or for damages incurred by any third party.

35.33.7.4. Failure to submit required reports by the specified due date shall be considered a violation of the provisions of this article.

35.33.7.5. Knowingly submitting false information in any required report, including, but not limited to, a monitoring report, compliance report or periodic report of continued compliance, shall be considered a violation of the provisions of this article.

35.33.7.6. Permit applications, periodic reports of continued compliance, baseline monitoring reports and user reports submitted shall be certified and signed by an authorized representative with the following statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

Certification statements for different types of permits are described below:

(1) Periodic reports of continued compliance for zero discharge permit holders shall require the permit holder to certify that no process wastewater was discharged to the sanitary sewer system during the reporting period;

(2) Periodic reports of continued compliance for BMP regulated dischargers shall require the discharger to certify that the BMPs have been implemented during the reporting period;

(3) Periodic reports of continued compliance for nonsignificant categorical industrial users shall require the permit holder to certify that the discharger has met the criteria for a non-SCIU.

(Ord. No. 25.94, 12/6/94; Ord. No. 16.02, 9/24/02; Ord. No. 15.04, 12/7/04; Ord. No. 11.07, 11/27/07; Ord. No. 2.13, § 2, 3/26/13.)

Every establishment from which industrial wastes are discharged to the sewer system shall provide or maintain one (1) or more: (a) sampling locations; and (b) flow measuring devices or volume and flow measuring methodologies approved by the fire chief, which will allow the separate measuring and sampling of industrial and domestic wastes. The fire chief may approve sampling locations and measuring devices or methodologies that will permit the combined sampling and measuring of industrial and domestic wastes only for establishments existing on the effective date of this ordinance. Unless otherwise approved by the fire chief, domestic and industrial wastes shall be kept completely separated upstream of such sampling locations and measuring points. Establishments that are billed for sewer service on the basis of sewage effluent constituents shall provide an approved means for sampling and measurement of flow to determine billing constituents. Sampling locations shall be so located that they are safe and accessible to city inspectors at any time during which discharge is occurring.

(Ord. No. 25.94, 12/6/94; Ord. No. 16.02, 9/24/02; Ord. No. 2.13, § 2, 3/26/13.)

35.33.9.1. All persons operating vacuum or "cesspool" pump trucks or other liquid waste transport trucks desiring to discharge septic tank, seepage pit, interceptor or cesspool contents or other liquid wastes to the sewer system shall first acquire a trucker's discharge permit.

35.33.9.2. Truck-transported industrial wastes shall be discharged only at locations specified by the discharge permit for the specific waste. The Palo Alto regional water quality control plant shall require payment for treatment and disposal costs or may refuse permission to discharge certain prohibited wastes.

(Ord. No. 25.94, 12/6/94; Ord. No. 2.13, § 2, 3/26/13.)

35.33.10.1. Except as otherwise provided by state or federal law, any information submitted to the fire chief may, upon request, be released to the public in accordance with the requirements of the California Public Records Act (California Government Code Sec. 6250 et seq.).

Information submitted to the fire chief and claimed as confidential pursuant to MVCC Sec. 35.33.2 shall be released, if at all, in accordance with MVCC Sec. 35.33.3 and in compliance with federal laws.

(Ord. No. 25.94, 12/6/94; Ord. No. 2.13, § 2, 3/26/13.)

35.33.11.1. Each discharger shall provide adequate protection to prevent the discharge of polluted water, grease, hazardous materials, industrial wastes, slugs or other wastes regulated by this Article. Where directed by the fire chief, the discharger shall install city-approved facilities or engineering controls designed to stop the discharge, contain the discharge, eliminate, repair equipment or services, neutralize, offset or otherwise negate the effects of prohibited materials or wastes from being discharged in violation of this Article. Examples of such facilities and engineering controls include, but are not limited to, retention basins, dikes, berms, storage containers, tanks, drip pans, treatment systems, oil-water separators, secondary containment, pH measuring devices, switches, valves and sensors. Examples of measures to control SSOs include, but are not limited to: sewer repairs, installation of cleanouts for maintenance and enhanced routine maintenance. These facilities and engineering controls shall meet all city specifications and shall be approved by the city prior to installation and commencement of discharge. Facilities and engineering controls shall be inspected, cleaned, calibrated, maintained and serviced in accordance with the manufacturer's specifications, but in no cases less than once every six (6) months or more frequently if recommended by the manufacturer. Receipts for such work shall be maintained on-site for three (3) years and available for inspection.

a. Facility inspections and log sheets. Each discharger shall inspect facilities and engineering controls designed to prevent discharges on a periodic basis (but not less than monthly) for the purposes of detecting malfunctions, deterioration, poor housekeeping practices and unauthorized discharges requiring clean-up or other remedial action. An inspection check sheet or log shall be maintained and shall contain the date and time of inspection, the date and time of any corrective action taken, the name of the inspector and the signature of the designated safety manager for the facility or other responsible official.

b. Clean-up of spills. Each discharger shall ensure that any accidental discharge of industrial wastes, polluted water, hazardous materials or hazardous wastes coming into contact with any floor, pavement or ground service is cleaned up immediately from such surface. These cleaned-up discharges shall be stored in approved closed containers and properly labeled and disposed of in accordance with local, state and federal regulations.

c. Spill prevention and clean-up equipment. Each discharger shall ensure that spill prevention and clean-up equipment is kept in stock at all times and is readily available for use. The discharger shall maintain a sufficient supply and quantity of spill prevention and clean-up equipment to contain and properly remove the largest likely discharge.

d. Removing interior floor drains from service. It shall be unlawful for any interior floor drain to be connected to the storm sewer system. It shall be unlawful for any interior floor drain to be connected to the sanitary sewer in locations where hazardous materials are stored or used, or industrial waste or polluted water may be generated, unless: (1) the discharger has a permit for discharging to the floor drain and such discharge meets all applicable requirements of this Chapter; or (2) the floor drain is intended for discharge of domestic waste.

Floor drains not allowed by this Chapter shall be removed from service in a manner acceptable to the city. "Removal from service" includes, but is not limited to: filling the access with concrete, covering the access with a nonremovable cap, placing a berm or curb around the access of safety shower or eye wash drain or hard-plumbing discharge piping from equipment directly to the drain line when a permit for such discharge has been obtained.

e. Open containers. Open containers containing industrial wastes, polluted water, hazardous materials or hazardous wastes shall not be left unattended unless they are in use or are confined in approved secondary containment.

f. Storage above sinks. No person shall store hazardous materials or industrial wastes in a commercial or industrial facility above a sink discharging to a sewer collection system.

g. Three-step floor cleaning procedure. In locations where hazardous materials are stored or used, or industrial waste or polluted water may be generated, the following three-step "dry-cleaning" procedure shall be employed as a standard operating procedure:

1. Clean up spills with rags or other absorbent materials;

2. Sweep and dry-vacuum floor; and

3. Mop floor (if needed) with damp mop and discharge mop water to a sanitary sewer location.

h. Amalgam traps. Dental facilities using amalgams containing silver shall install amalgam traps on all equipment that may carry silver amalgam waste to the sanitary sewer.

i. Food service facilities.

1. Commercial or industrial generators of grease, including food service facilities, shall install approved, adequately sized grease-removal devices according to the following time schedule:

(a) New or newly constructed, remodeled or converted facilities: prior to commencing discharge to the sanitary sewer.

(b) Existing facilities found to have grease blockage or accelerated line maintenance resulting from grease: within thirty (30) days of written notice from the fire chief.

(c) The grease-removal device shall be installed at the site generating the grease in the waste line leading from the source upstream from the drainage or sewer system, upstream of any point of mixture with domestic waste, and at a location approved by the fire chief. It shall, be sized in conformance with Chapter 10, Section 1014 and Section 1015 of the most current edition of the California Plumbing Code adopted by the city. High-temperature dishwashers shall not be plumbed to the grease-removal device.

(d) Contents of the grease-removal device shall be completely removed by a third-party grease-removal contractor at least quarterly, or when twenty-five (25) percent of the grease removal device is filled with solids and grease. The contents of the grease removal device shall be properly managed and disposed. During grease-removal device maintenance operations, it shall be unlawful for any grease waste hauler to decant the pumped waste and discharge the pumped contents, or any portion of the contents of the grease-removal device, into the grease removal device, floor sink, sewer cleanout, sewer manhole or any other sewer drain connection. An exemption to this prohibition shall be granted if the discharger demonstrates to the city's satisfaction that proposed equipment adequately separates grease, solids and water components of the pumped waste and that employees are trained in the proper use of the equipment.

(e) Grease-removal devices shall be maintained and kept in good working condition. Each food service facility operating a grease-removal device shall periodically, but in no case less than annually, inspect the grease-removal device to ensure the following: (1) the flow restrictor, if applicable, is installed and functioning properly; and (2) the internal baffles are present and functioning properly. Grease-removal device inspections must be conducted when the device is pumped clean.

(f) A current log of all grease removal and grease-removal device inspection activities shall be maintained at the facility. For grease removal activities, the log shall show the name, address and phone number of the grease-removal contractor, the date of removal, the amount of grease removed and the disposition of the removed contents. For inspection activities, the log shall show the inspector's name, inspection date and comments on the condition of the grease-removal device. The log shall be retained for a period of three (3) years and shall be available for inspection by the fire chief upon request.

(g) It shall be unlawful to add chemicals or products that will solubilize grease in the interceptors or traps. Addition of chemicals or products composed of enzymes, solvents and surfactants is prohibited. Products composed of bacterial agents designed to decompose grease may be introduced passively to a grease-removal device to supplement maintenance activities but shall not be used in place of physical grease removal. Dischargers using bacterial products must obtain prior approval from the city. To obtain approval, dischargers shall submit material safety data sheet (MSDS) and other detailed product studies or information explaining how the product will decompose the grease.

2. Commercial or industrial generators of grease, including food service facilities installed or remodeled after the adoption date of this ordinance, shall be equipped with a sink or other wash area that has a sanitary sewer drain. The sink or wash area shall be plumbed to an approved grease-removal device for cleaning floor mats, containers and other equipment. The sink or cleaning area shall be large enough to clean the largest mat or piece of equipment to be cleaned.

3. Commercial or industrial generators of grease, including food service facilities, installed or remodeled after December 6, 1994 shall be equipped with a covered, enclosed area for dumpsters and tallow bins which prevent water run-on to the area and runoff from the area. Drains, if installed beneath dumpsters, shall be connected to a grease-removal device.

4. The installation of a food waste disposer (grinder) at any food service facility with one (1) or more grease-generating activities is prohibited. Effective January 1, 2007, no food service facility with one (1) or more grease-generating activities shall utilize a food waste disposer (grinder) for the purpose of food waste disposal to the sanitary sewer.

5. Contents of tallow containers shall be removed periodically as necessary but in no case less than once every two (2) weeks by a third-party tallow-removal contractor. A current log and receipts of all tallow removal activities shall be maintained at the facility showing the name, address and phone number of the tallow-removal contractor, the date of removal, the amount of tallow removed and the disposition of the removed contents. The log shall be retained for a period of three (3) years and shall be available for inspection by the fire chief upon request. Tallow containers are required if deep-fat fryers will be used to prepare food at the facility. Tallow containers shall be provided with tight-fitting lids.

j. Storm drain labeling. Dischargers shall label the storm drain inlets on their property in accordance with the city's storm drain inlet label program.

k. Roof equipment drainage. Nonresidential facilities installed or remodeled after the adoption date of this ordinance and subject to review by the zoning administrator shall either: (1) provide secondary containment for all roof-mounted equipment, tanks and piping containing liquids other than potable water; or (2) connect all roof drains and equipment discharge lines to the sanitary sewer. Air-conditioning condensate is allowed to drain onto landscaped areas.

l. Water distribution systems. Sacrificial zinc anodes shall not be in contact with the water supply in water distribution systems. Devices using electricity to dissolve copper or silver into water distribution systems, cooling systems, pools, spas or fountains is prohibited.

m. Sanitary and storm sewer drainage lines. Nonresidential facilities installed or remodeled after the adoption date of this ordinance shall not use copper, copper alloys, lead or lead alloys, including brass, in sanitary or storm sewer lines, connectors or other appurtenances coming in contact with sewage, except for sink traps and associated connecting pipes.

n. Laboratories. Laboratory facilities installed or remodeled after the adoption date of this ordinance and subject to review by the zoning administrator shall meet the following requirements:

1. Laboratory sinks, drains and equivalent discharge points shall be connected to approved wastewater treatment facilities or holding tank(s) capable of retaining the nondomestic wastewater flow until it can be sampled and analyzed for materials regulated by this Chapter. The wastewater treatment facility or holding tank(s) shall be fitted with city-approved sampling ports and valves to control their discharge to the sanitary sewer;

2. Aspirator connections on laboratory sink faucets other than those used for transferring acids and bases to treatment facilities are prohibited;

3. Laboratory countertops shall be separated from lab sinks with a ridge or lip to prevent hazardous and other regulated materials spilled on the countertop from draining into the sink; and

4. Laboratories storing or handling mercury shall install "see-through" sewer traps (glass, plastic or other "listed" transparent materials meeting Plumbing Code requirements as approved by the fire chief) to allow inspection and dictate frequency of cleaning.

o. Vehicle or equipment fueling facilities. Vehicle or equipment fueling facilities installed or remodeled after the adoption date of this ordinance and subject to review by the zoning administrator shall be designed to prevent the run-on of stormwater and runoff of spills. This shall be accomplished by: (1) paving the fueling area with concrete or other nonpermeable surface; (2) covering the fueling area and extending the cover a minimum of ten (10) feet beyond the fuel pumps in the directions of vehicle or equipment access and egress; and (3) grading the area (sloped inward) or installing a berm or curb around the perimeter of the fueling area. Storm drains shall be prohibited in these fueling areas.

p. Outdoor vehicle or equipment maintenance (includes washing). Outdoor unprotected vehicle or equipment maintenance operations installed or remodeled after the adoption date of this ordinance and subject to review by the zoning administrator shall be designed to prevent the run-on of stormwater and runoff of spills. This shall be accomplished by: (1) paving the maintenance area with concrete or other nonpermeable surface; (2) covering the maintenance area; and (3) grading the area (sloped inward) or installing a berm or curb around the perimeter of the maintenance area. Storm drains shall be prohibited in these maintenance areas.

Owners and operators of self-service commercial washing facilities must post signs or other equally effective methods to indicate that the disposal of wastes other than wastewater from vehicle washing operations into the sanitary sewer is prohibited. The disposal of any waste or wastewater into the storm drain system shall be prohibited.

q. Loading docks. Loading and unloading docks used for shipping or receiving hazardous material liquids or solids or hazardous wastes installed or remodeled after the adoption date of this ordinance and subject to review by the zoning administrator shall be designed and constructed to prevent the run-on of stormwater and runoff of spills. This shall be accomplished by: (1) paving the loading dock floor with concrete or other nonpermeable surface; (2) covering the loading dock or installing a rain sensor which automatically opens and closes the storm drain in the dock; and (3) grading the dock area (sloped inward) or installing a berm or curb around the perimeter of the loading dock. Storm drains shall be prohibited in these loading dock areas.

r. Outdoor storage areas. Outdoor unprotected areas used for the storage or stockpiles of raw materials, products or equipment which can contaminate stormwater runoff through leaking, breaking down, increasing particulate or sediment runoff, or dissolving in stormwater, installed or remodeled after the adoption date of this ordinance and subject to review by the zoning administrator, shall be designed to prevent the run-on of stormwater and runoff of spills. This shall be accomplished by: (1) paving the storage area with concrete or other nonpermeable surface; (2) covering the storage area; and (3) grading the storage area (sloped inward) or installing a berm or curb around the perimeter of the storage area. Storm drains shall be prohibited in these outdoor storage areas.

s. High-erosion areas. Areas located on the property of a facility installed or remodeled after the adoption date of this ordinance and subject to review by the zoning administrator which are prone to excessive erosion rates and sediment runoff due to: (1) the absence of landscaping; (2) the storage of high sediment-producing materials which are unprotected from stormwater infiltration; or (3) high traffic or heavy equipment traffic patterns which exacerbates the erosion rate shall be designed to prevent the run-on of stormwater and runoff of spills. This shall be accomplished by either:

1. Covering the area and grading the area (sloped inward) or installing a berm or curb around the perimeter of the area; or

2. Retrofitting the area with a treatment system approved by the city which will intercept and remove sediment from the stormwater runoff prior to entering the nearest storm drains, storm sewers or natural outlets.

t. Construction areas. All construction projects occurring within city limits shall be conducted in a manner which prevents the release of hazardous materials or hazardous waste to the soil or groundwater and minimizes the discharge of hazardous materials, hazardous wastes, polluted water and sediment to the storm sewer system. Practices which shall be implemented to meet the intent of this requirement are described in city guidelines. The city may require any additional practices consistent with its NPDES stormwater discharge permit if it concludes that the intent of this Section is not being met during the construction process.

A Notice of Intent and a Stormwater Pollution Prevention Plan (SWPPP) shall be prepared and available at the site for all projects regulated under the state's "construction general permit" and for any other projects for which the fire department (fire and environmental protection division) determines a SWPPP is necessary to protect surface waters.

All construction projects implement sediment and erosion control BMPs during construction of a project. Sediment and erosion control BMPs include, but are not limited to, the following:

1. Silt fences around the site perimeter;

2. Gravel bags surrounding catch basins;

3. Filter fabric over catch basins;

4. Covering of exposed stockpiles;

5. Concrete washout areas;

6. Stabilized rock/gravel driveways at points of egress from the site; and

7. Vegetation, hydroseeding or other soil stabilization methods for high erosion areas.

u. Exterior drains to the sanitary sewer. Commercial or industrial facilities employing exterior (outdoor) drains discharging to the sanitary sewer installed or remodeled after the adoption date of this ordinance and subject to review by the zoning administrator shall design the area surrounding the drain to prevent the run-on of stormwater and runoff of spills. This shall be accomplished by: (1) grading the area (sloped inward) or installing a berm or curb around the perimeter of the area; and (2) connecting the drain to an approved wastewater treatment system.

v. Parking garages. Parking garages installed or remodeled after the adoption date of this ordinance and subject to review by the zoning administrator shall meet the following requirement: parking garage floor drains on interior levels shall be connected to an approved wastewater treatment system having a minimum capacity of one hundred (100) gallons and which discharges to the sanitary sewer.

w. Multi-family dwellings. Multi-family dwellings with twenty-five (25) or more units built after the adoption date of this ordinance shall be equipped with a car wash which connects to an approved wastewater treatment system having a minimum capacity of one hundred (100) gallons and which discharges to the sanitary sewer. The area surrounding the car wash shall be designed to prevent the run-on of stormwater and runoff of spills by: (1) paving the area with concrete or other nonpermeable surface; and (2) grading the area (sloped inward) or installing a berm or curb around the perimeter of the wash area.

x. Swimming pools, spas and fountains. Swimming pools, spas and fountains built after the adoption date of this ordinance and subject to review by the zoning administrator shall be installed with a sanitary sewer cleanout in a readily accessible nearby area to allow for draining.

y. Auto body facilities. Facilities performing auto body work where sanding is occurring shall maintain one (1) or more labeled containers to accumulate wet sanding water and floor mop water. All accumulated wet sanding water and mop water shall settle at least forty-eight (48) hours if the water is to be decanted and discharged to the sanitary sewer system. Settled solid materials (including sludge) shall not be discharged to the sanitary sewer or storm drain and must be managed appropriately.

z. Sprinklered buildings. Sprinklered buildings installed after July 1, 2002 shall be provided with a sanitary sewer drain in a protected area which can accept sprinkler water discharged during sprinkler system draining or activation of the inspector test valve.

aa. Labeling process and waste piping. All industrial process piping and tubing shall be labeled in accordance with the requirements listed in Mountain View City Code Section 24.3.9 d. Labeling shall be provided for industrial piping and tubing containing hazardous materials, nonhazardous materials and wastewater discharges.

bb. Sewer drain signage. Durable signage stating "Do Not Dump Chemicals Into Drains" shall be posted at sinks or drain inlets in areas where hazardous materials, hazardous wastes or other materials prohibited in this Chapter are used or stored. Examples of areas where signage is required include, but are not limited to, laboratories, machine shops, manufacturing facilities and food service facilities.

cc. Copper roofs and other architectural copper. Installation, treatment, cleaning and washing operations on newly installed or existing copper roofs or other architectural copper materials shall be conducted in a manner that prevents the discharge of wastewater from these operations to the storm drain system. Wastewater from these operations shall be collected or contained and directed to landscaping or to the sanitary sewer.

dd. Trash containers. All containers that store trash, garbage and litter shall have a securely fastened cover or tight-fitting lid in place at all times when waste material is not being added or removed from the containers. Trash containers include, but are not limited to, trash receptacles, dumpsters, bins and garbage hauling vehicles.

35.33.11.2. The city may impose additional requirements upon the discharger to aid in tracing the origin of unauthorized discharges. These requirements may include, but are not limited to, labeling all process piping and tubing, conducting dye tests or similar investigative tests, televising sewer laterals and pipes, and submittal of maps displaying all process piping.

35.33.11.3. The fire chief is authorized to approve alternate facilities or engineering controls provided that the fire chief finds that the proposed facility or engineering control satisfactorily complies with the intent of this section and the facility or engineering control is at least equivalent to that prescribed in this section in quality, strength, effectiveness, resistance, durability and safety.

Requests for approval to use an alternate facility or engineering control shall be made in writing to the fire chief by the discharger and shall be accompanied by a full statement of the conditions. Sufficient evidence or proof shall be submitted to substantiate any claim that may be made regarding its performance. The fire chief may require tests and the submission of a test report from an approved testing organization to substantiate the equivalency of the proposed alternate facility or engineering control.

Approval of a request for use of an alternate facility or engineering control shall be limited to the particular case covered by request and shall not be construed as establishing any precedent for any future request.

(Ord. No. 25.94, 12/6/94; Ord. No. 16.02, 9/24/02; Ord. No. 11.07, 11/27/07; Ord. No. 2.13, § 2, 3/26/13; Ord. No. 02.2024, § 16, 1/23/24.)

Wastes discharged into the sewer system shall not have characteristics, which, by themselves or by interaction with other wastes may:

(1) Endanger the health and safety of the public or city personnel;

(2) Cause damage to the sewer system;

(3) Cause corrosion to the sewer system;

(4) Create a nuisance such as odors or coloration;

(5) Result in extra cost of collection, treatment or disposal;

(6) Interfere with, inhibit or disrupt any wastewater treatment process, the plant, its treatment processes, sludge processes or operations in such a manner as to cause violations of the plant's NPDES permit or any regulatory requirement, or result in the use of sludge in noncompliance with any applicable requirements. This shall include oxygen-demanding pollutants (BOD, etc.) released in a discharge flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the plant. This also applies to increases in magnitude or duration of violation by the plant;

(7) Exit the plant into waters of the United States in quantities or concentrations which contribute to a violation of any regulatory requirement applicable to the plant. This shall include increases in magnitude or duration of any violation or period of noncompliance;

(8) Increase influent temperature to a degree that will inhibit biological activity in the treatment plant resulting in interference or cause the temperature of the influent flow to the plant to exceed forty (40) degrees Celsius, one hundred four (104) degrees Fahrenheit;

(9) Prevent, hinder, delay or impede compliance with effluent quality requirements established by regional, state or federal regulatory agencies, or exceed the same;

(10) Cause wastewater quality to fall outside reclamation feasibility limits; or

(11) Cause or contribute to blockages in the sanitary sewer collection system that may result in an overflow.

(Ord. No. 25.94, 12/6/94; Ord. No. 11.07, 11/27/07; Ord. No. 2.13, § 2, 3/26/13.)

The following standards shall apply to all discharges to the sanitary sewer at a designated sampling location determined by the fire chief to be consistent with the dilution prohibition contained in MVCC Sec. 35.33.21:

35.33.13.1. The categorical standards set forth in 40 CFR Chapter I, Subchapter N, Parts 405-471 shall apply to all applicable sources. The definitions and procedures for establishing individual effluent limitations shall be as specified therein. Nothing in this article shall be construed as allowing less stringent limitations.

35.33.13.2. Local limitations shall be adopted by the fire chief based upon the prohibitions contained in MVCC Sec. 35.33.12. These limitations will be imposed on appropriate dischargers via discharge permits or modifications to existing permits.

35.33.13.3. In addition to the requirements of MVCC Sec. 35.33.13.1 and Sec. 35.33.13.2 above, the following discharge limits and/or requirements shall apply where they are more stringent. Compliance with discharge limits may be evaluated using either grab or composite samples, except where specifically identified as "instantaneous maximum" limits which shall be evaluated using grab samples only.

(A)

*Gravity separation at a temperature of twenty (20) degrees Celsius and a pH of 4.5.

(B) Dyes. Wastes showing excessive coloration shall not be discharged into the sanitary sewer. Excessive coloration shall be defined as any coloration in a waste stream which for any wavelength displays less than sixty (60) percent of the light transmissibility of distilled water under the following conditions:

(1) After filtration through a 0.45 micron membrane filter;

(2) In the pH range of 5.0 to 11.0;

(3) Through a one (1) centimeter light path;

(4) A maximum spectrum band width of ten (10) nanometers; and

(5) Through the wavelength range from four hundred (400) to eight hundred (800) nanometers.

(C) Explosives. No solids, liquids or gases which by themselves or by interaction with other substances may create fire or explosion hazards, including waste streams with a closed-cup flashpoint of less than one hundred forty (140) degrees Fahrenheit, sixty (60) degrees Celsius, shall be discharged into the sanitary sewer. Discharge of any explosive substances shall be unlawful. Flammable substances including, but not limited to, acetone, alcohols, benzene, gasoline, xylene, hexane and naphtha, shall not be discharged into the sanitary sewer, except where present in contaminated groundwater being discharged under discharge permit issued by the city. Where groundwater discharges contain such contaminants, the discharger shall monitor the sewer atmosphere for explosivity and flammability using a properly calibrated meter designed for the purpose. The frequency of such monitoring shall be defined in the permit. Whenever a discharge creates an environment that exceeds ten (10) percent of a lower explosive level, the discharger shall immediately cease discharge and verbally notify the city of the potential hazard in the sanitary sewer within fifteen (15) minutes of making the determination of threatened explosivity. The discharger shall then follow the verbal notification with a written explanation of the cause of the explosive hazard within fifteen (15) working days, with corrective actions taken to alleviate the situation and measures taken to prevent a reoccurrence. The discharger shall not recommence discharging into the sanitary sewer without prior written approval from the fire chief. Where flammable substances are used in processes, separate collection and disposal outside the sewer system shall be provided.

(D) Grease and oil. Grease and/or oil shall not be discharged into the sewer system if the concentration of floatable oil and/or grease (defined as that which is subject to gravity separation at a temperature of twenty (20) degrees Celsius and pH of 4.5) exceeds twenty (20) mg/L or the total oil and/or grease concentration exceeds two hundred (200) mg/L. In addition, the discharge of petroleum oil, nonbiodegradable cutting oil, or products of mineral origin in amounts that cause interference or pass through, as defined by EPA regulations, shall be prohibited.

(E) Hazardous, noxious or malodorous substances. No industrial wastes shall be discharged to any sewer connection, which alone or in combination with other wastes may create a public nuisance, hazard or make human entry into the sewers abnormally hazardous, or which constitutes a discharge of hazardous or other regulated materials as defined in Chapter 24 of the Mountain View City Code or Title 22, Part II of the California Code of Regulations, or statutes of the United States Government.

(1) Dischargers shall be required to certify that their discharged waste does not constitute a hazardous waste as defined by EPA regulations, and that during the PRCC reporting period no discharge of hazardous substances or waste has occurred. Dischargers shall be required, as a condition of permission to discharge to the sanitary sewer, to file with the Mountain View fire department a current hazardous materials management plan (HMMP) pursuant to Chapter 24 of the Mountain View City Code, and to have on-site copies of material safety data sheets (MSDS) for all hazardous materials stored, generated or used at the discharger's site. Should a discharge of a hazardous waste occur, the discharger shall verbally notify the EPA, the State of California Regional Water Quality Control Board for the San Francisco Bay Area, the regional water quality control plant and the fire chief as soon as possible, but in no event later than twenty-four (24) hours after such discharge.

(2) Mercaptans and dissolved sulfides shall not be discharged in concentrations exceeding 0.1 mg/liter.

(F) Organic solvents. Except as permitted by other sections of this chapter, the city sanitary and/or storm sewer shall not be used as a means of disposal for organic solvents. Dischargers having organic solvents on-site, or using same, shall provide and use a separate collection and disposal system outside the sewer system and shall provide safeguards against their accidental discharge to the sewer. Wastewater discharged to the sewer shall not contain a sum total greater than one thousand (1,000) milligrams per liter of acetone, ethanol, methanol and isopropyl alcohol. For the purposes of this chapter, organic solvents shall include dry cleaning "separator water" when the dry cleaner uses organic solvents in the cleaning process.

(G) Total toxic organics. Total toxic organics (TTO) shall be defined as the sum of all quantifiable values greater than 0.01 mg/L from the list of toxic organic pollutants contained in 40 CFR (Part 403 through Part 699), or in the discharger's industrial waste permit, or identified by the city. The city may allow the discharger to analyze only for those specific TTO pollutants which would reasonably be expected to be present and specify these pollutants in the discharger's industrial wastewater permit. The sum of the TTO discharged shall be no greater than 1.0 mg/L. No individual toxic organic compound, with the exception of phenol (see MVCC Sec. 35.33.13.3(K)(2)), shall exceed 0.75 mg/L.

The fire chief is authorized to modify or waive a discharger's sampling requirements for TTO. To request a waiver, a discharger must submit a current toxic organic management plan (TOMP) to the city. The sampling requirements may be modified or waived if the fire chief determines the TOMP provides sufficient protection. After the approval of the waiver, the discharger must submit, as part of his/her PRCC submittal, a TTO certification. The TTO certification must include the following statement:

"Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for TTO, I certify that, to the best of my knowledge and belief, no dumping of concentrated toxic organics into the wastewaters has occurred since filing the last periodic report of continuous compliance (PRCC). I further certify that this facility is implementing the toxic organic management plan (TOMP) that was submitted to the city."

The TTO certification must be signed by the owner or a duly authorized representative of the company who has personal knowledge that the person or persons directly responsible for managing compliance pursuant to this requirement are properly qualified and are performing the compliance in conformance with this chapter and 40 CFR Sec. 403.12.

(H) Radioactivity. The discharge of radioactive wastes into the sewer system shall conform to the requirements of California Radiation Control Regulations, Title 17, California Code of Regulations, Chapter 5, Subchapter 4, or as subsequently amended.

(I) Solids. No material shall be discharged to the sanitary sewer that will obstruct or damage the collection system, treatment system or appurtenances. Specific prohibitions are as follows:

(1) Inert solids. The discharge of inert solids, including, but not limited to, sand, glass, metal chips, bone, and plastic, into the sewer is prohibited. Settling chambers or treatment works shall be installed where necessary to prevent the entry of inert solids into the sewer system.

(2) Solid particles. The discharge of industrial wastes containing particulate matter which will not pass through a one-half (1/2) inch screen into the sewer is prohibited. This subsection shall not apply to sanitary sewage from industrial establishments.

(J) Stored liquid wastes. Liquid aqueous-based wastes that have been collected and held in tanks or containers shall not be discharged into the sewer system except at locations authorized by the fire chief to discharge such wastes. Wastes of this category include, but are not limited to, the following:

(1) Septic tank pumpings;

(2) Chemical toilet wastes;

(3) Trailer, camper, housecar or other recreation vehicle wastes;

(4) Pleasure boat wastes; or

(5) Industrial wastes collected in containers or tanks.

(K) Toxicity. The following is a nonexclusive list of toxic substances and the maximum discharge concentration allowed for each for discharge of fifty thousand (50,000) gallons per day or less into the sewer system. Toxic discharges include, but are not limited to, heavy metals, cyanides, phenols, bactericides, antibiotics and insecticides.

(1) For discharges greater than fifty thousand (50,000) gallons per day through any single sampling location, the maximum discharge concentration allowed for that location shall be one-half (1/2) the values listed in the following table, with the exception of silver, mercury and nickel for which the maximum discharge concentrations allowed shall remain as listed regardless of flow.

(2)

(1) This discharge concentration may be modified for specific discharge circumstances. See MVCC Sec. 35.33.13.3(N).

(2) See MVCC Sec. 35.33.13.3(O) for additional specific copper discharge limits.

(3) Dental facilities using mercury-containing amalgam shall not exceed a discharge limit of 0.05 mg/L.

(4) The maximum allowable discharge concentration of zinc for vehicle service facilities shall be 4.0 mg/L.

(L) Unpolluted water. Unpolluted water shall not be discharged through any direct or indirect connection to the city sanitary sewer unless such discharge is approved by the fire chief and public works director. A permit for such discharge shall be required by the fire chief. Such discharge shall meet all requirements in this chapter.

(M) Copper-based root-control chemicals. No person shall discharge, dispose of or add to the sanitary sewer collection system, to control roots or for any other purpose, any substance containing greater than five (5) percent copper by weight. No person shall discharge, dispose or add to the storm drain system any substance to control roots or pests.

(N) Photo processing solutions. All photo processing spent solution wastes, spent photo processing solutions and photo processing wash and/or rinse water discharged into the sanitary sewer shall comply with the maximum discharge concentration allowable for silver. Silver removal from photo processing wash and/or rinse water shall be conducted in a manner that does not reduce the effectiveness of the treatment of spent photo processing solutions. All dischargers of photo processing silver bearing wastes, spent photo processing solutions and photo processing wash and/or rinse water shall be categorized as photo processors.

(1) All dischargers categorized as photo processors shall choose and comply with either subsection (a) or (b) below:

(a) The maximum allowable concentration of silver that can be discharged into the sanitary sewer shall be 0.5 milligram per liter of discharge for all dischargers that are:

(i) Categorized as photo processors, and

(ii) Install and/or operate on the spent solution waste stream, upstream of any point of dilution, a silver removal facility, interceptor or silver treatment plant specifically designed to remove or treat silver in a manner which shall ensure consistent compliance with this article;

(b) The maximum allowable concentration of silver that can be discharged into the sanitary sewer shall be 1.0 milligram per liter of discharge for all dischargers that:

(i) Are categorized as photo processors, and

(ii) Choose to install and/or operate at the silver removal facility, interceptor or silver treatment plant one (1) or more of the following:

a. Washless minilab equipment that does not discharge photo processing wash water, or

b. A water recirculating system that reduces photo processing wash water consumption by a minimum of sixty (60) percent. This reduction shall be based on manufacturer's minimum recommended wash water rates, and achievement of such reduction shall be documented by the photo processor to the satisfaction of the fire chief.

(2) Off-site disposal. All photo processors who choose not to install and/or operate a silver removal facility, interceptor or silver treatment plant shall transport all spent photo processing solutions off-site for recovery or appropriate disposal, or shall regenerate all spent photo processing solutions on-site. Documentation, storage, shipment and disposal shall be in accordance with all federal, state and local regulations and requirements.

(O) Copper limitations for industrial waste.

(1) The maximum copper concentration in industrial waste discharges to the sewer shall not exceed 2.0 mg/L for the following noncategorical facilities:

(a) Facilities whose primary business activity is vehicle service;

(b) Facilities whose primary business activity is photo processing;

(c) Facilities whose primary business activity is machining parts;

(d) Facilities whose primary business activity is metal fabrication.

(2) Industrial waste discharges to the sewer from metal finishing facilities, as defined by the EPA in 40 CFR Part 433, shall meet either (a) or (b) of this subsection. These requirements shall apply to process wastes containing copper or nickel prior to dilution by nonmetal finishing process wastes, domestic waste and cooling water:

(a) The annual average copper concentration shall not exceed 0.4 mg/L. In addition, all reasonable control measures specified in accordance with standards published by the fire chief shall be installed and implemented; or

(b) The annual average pounds/day (mass) of copper shall not exceed an amount specified by the fire chief in the industrial wastewater discharge permit, which is based upon a pollution prevention review conducted by the fire chief. The limitation shall be based upon those control measures having a simple payback period of five (5) years or less.

The annual average pounds per day (mass) shall be calculated by multiplying the flow-weighted average copper concentration for all samples taken during any twelve (12) month period by the total flow for that twelve (12) month period. The annual average pounds per day limit may be increased by the fire chief in proportion to increases in production at the facility if within the growth allocation specified in the City of Palo Alto, Regional Water Quality Control Plant's April 1994 "Proposed Local Limits Report."

(3) The maximum copper concentration in industrial waste discharges to the sewer other than those facilities described by subsections (1) and (2) above shall not exceed 0.25 mg/L.

(P) Additives in cooling systems, pools, spas and fountains.

(1) No person shall discharge any chemical or additive to the storm drain, or discharge or add to any sewer, cooling system, pool, spa or fountain, an additive, which contains any of the following:

(a) Copper in excess of 2.0 mg/L;

(b) Tributyltin in excess of 0.1 mg/L;

(c) Chromium in excess of 2.0 mg/L; or

(d) Any amount of zinc.

The above concentration limits shall apply to the additive prior to addition to the system.

(2) Cooling system discharges exceeding a daily average flow of two thousand (2,000) gallons shall not exceed a maximum copper concentration of 0.25 mg/liter. For the purpose of this section, the daily average flow shall be determined by dividing the total cooling system blow-down volume from April through October by the number of days of operation for the same period. The fire chief may impose an alternative requirement to this maximum copper concentration when the cycles of concentrations routinely exceed ten (10). The alternative requirement may consist of an alternative maximum copper concentration, mass limit, a specified maintenance program or a combination of these.

(3) Wastewater from cooling system, boiler, heat exchanger and associated pipe cleaning where a chemical cleaner or physical scouring is used shall be sampled prior to discharge to the sewer to ensure compliance with the maximum concentration limits specified in MVCC Sec. 35.33.13.3(K). For purposes of this section, "physical scouring" does not include the use of water at typical water supply pressure, and "associated piping" means piping associated with a heating or cooling system through which water or another heat transfer fluid recirculates during operation of the system. The wastewater shall be analyzed for copper and any other constituents specified by the fire chief. The results of such analysis shall be reviewed by the cooling system operator prior to discharge. Nonemergency discharges from once-through cooling systems using potable water as a coolant shall not be discharged to the sanitary sewer, except for once-through cooling water used for benchtop reflox or distillation, or other similar activities, and for short-term use as approved by the fire chief.

(Q) Zinc-containing floor finishes. No person shall discharge or dispose to the sanitary sewer any zinc-containing floor finish or stripper solution that has been used for the stripping of a zinc-containing floor finish, except when such solutions have been treated in a wastewater treatment unit approved by the fire chief for removal of zinc. For the purposes of this section, zinc-containing floor finishes shall be defined as floor finish solutions containing greater than one-hundredth of one (0.01) percent zinc by weight.

(R) Requirements for dental facilities that remove or place amalgam fillings.

(1) Definitions. For the purposes of this section, the following words and phrases shall be as defined herein.

(a) "Amalgam separator" is a device that employs filtration, settlement, centrifugation or ion exchange to remove amalgam and its metal constituents from a dental office vacuum system before it discharges to the sewer.

(b) "Amalgam waste" means and includes noncontact amalgam (amalgam scrap that has not been in contact with the patient); contact amalgam (including, but not limited to, extracted teeth containing amalgam); amalgam sludge captured by chairside traps, vacuum pump filters, screens and other amalgam trapping devices; used amalgam capsules; and leaking or unusable amalgam capsules.

(c) "ISO 11143" is the International Organization for Standardization's standard for amalgam separators.

(2) All owners and operators of dental facilities that remove or place amalgam fillings shall comply with the following waste management practices:

(a) No person shall rinse chairside traps, vacuum screens or amalgam separator equipment in a sink or other connection to the sanitary sewer.

(b) Owners and operators of dental facilities shall ensure that all staff members who handle amalgam waste are trained in the proper handling, management and disposal of mercury-containing material and fixer-containing solutions, and shall maintain training records that shall be available for inspection by the fire chief during normal business hours.

(c) Amalgam waste shall be stored and managed in accordance with the instructions of the recycler or hauler of such materials.

(d) Bleach and other chlorine-containing disinfectants shall not be used to disinfect the vacuum line system.

(e) The use of bulk mercury is prohibited. Only preencapsulated dental amalgam is permitted.

(3) All owners and operators of dental vacuum suction systems shall comply with the following:

(a) Amalgam separator device(s) shall be installed for each dental vacuum suction system at a dental facility, and each installed device must be ISO 11143 certified as capable of removing a minimum of ninety-five (95) percent of amalgam. The amalgam separator system shall be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. Neither the separator device nor the related plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 test methodology, a noncertified separator will be accepted, provided that smaller units from the same manufacturer and of the same technology are ISO-certified. Alternative materials and methods may be proposed to the fire chief for approval.

(b) Proof of certification and installation records shall be submitted to the fire chief within thirty (30) days of installation.

(c) Amalgam separators shall be maintained in accordance with manufacturer recommendations. Installation, certification and maintenance records shall be available for immediate inspection upon request by the fire chief during normal business hours.

(Ord. No. 25.94, 12/6/94; Ord. No. 16.02, 9/24/02; Ord. No. 15.04, 12/7/04; Ord. No. 11.07, 11/27/07; Ord. No. 2.13, § 2, 3/26/13.)

35.33.14.1. As a condition of discharge, the fire chief may require the discharger to conduct a sampling and analysis program of the discharger's wastes of a frequency and type required by the fire chief to demonstrate compliance with the requirements of this article. The fire chief shall specify the minimum frequency and type of samples, flow monitoring, measuring and analyses to be conducted by the discharger. The fire chief may also specify the type of sampling equipment and flow monitoring equipment that must be installed and used. When installed at a permitted discharger's sampling locations, flow meters shall be calibrated at a frequency of at least once per year or more frequently if recommended by the manufacturer. When installed at a permitted discharger's sampling locations, pH meters shall be calibrated at a frequency of at least once every six (6) months or more frequently if recommended by the manufacturer. The required self-monitoring program will depend on factors which include, but are not limited to, discharge flow, potential for the discharge to cause interference or upset of treatment processes, pollutants present in discharge, and/or prior compliance history (if any) of the discharger. Additional monitoring requirements may be required by the fire chief for violation follow-up to assist the city in evaluating effects of the discharge or as part of a compliance directive, notice of violation, administrative order or hearing order.

35.33.14.2. The fire chief may require self-monitoring at facilities for which a discharge permit has not been issued. In addition, the fire chief may require investigations or studies to determine methods of reducing toxic constituents from discharges at these facilities. The fire chief may also request that information be submitted concerning the chemical or biological constituents of any substance or chemical product that could potentially be discharged to the sewer system or storm drain system or which the fire chief determines may, alone or in accumulation with other discharges, contribute to a violation by the plant of any applicable water quality standards or of any of its NPDES permits or contribute to an upset of plant processes.

35.33.14.3. The self-monitoring reports and notices required by the fire chief, which are control mechanism requirements in 40 CFR Sec. 403.8(f)(1)(B)(4), shall be completed and submitted as part of the "periodic report of continued compliance" (PRCC) as described in MVCC Sec. 35.33.7.1(3) and as listed below:

(a) Information submitted to satisfy reporting requirements shall be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period. Required reports shall be certified as described in MVCC Sec. 35.33.7.

(b) All pollutant sampling techniques, analyses, and information to be included in self-monitoring reporting, submitted as part of a BMR, wastewater discharge permit application, or report, shall be performed in accordance with 40 CFR Part 136, 40 CFR Sec. 403.12(g) and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other applicable sampling and analytical procedures suggested by the fire chief or other parties approved by the EPA. Samples shall be analyzed at the discharger's expense, by a laboratory accredited by the State of California Department of Public Health for such analysis.

(c) The detection limit used by the discharger for those substances reported as nondetectable shall be no greater than one-tenth the lowest applicable effluent limit.

(d) The discharger shall monitor for the toxic organic compounds specified in the National Pretreatment requirements applicable to the discharger.

(e) The fire chief may determine which additional toxic organic compounds shall be monitored based on those toxic organics that are representative and expected to be present. Permitted dischargers who file a toxic organic management plan, per the guidelines established by the fire chief, may analyze a subset of the additional toxic organic compounds to demonstrate compliance with the local limits for Single Toxic Organic (STO) and Total Toxic Organics (TTO) when specified in a discharge permit issued by the city.

(f) All records generated pursuant to this section shall be maintained and made available for inspection as described in MVCC Sec. 35.33.7.1.

(Ord. No. 25.94, 12/6/94; Ord. No. 16.02, 9/24/02; Ord. No. 2.13, § 2, 3/26/13.)

35.33.15.1. Dischargers shall take all necessary steps to inform and educate appropriate personnel employed by them of the provisions of this article, and best management practices to control the discharge of industrial wastes and polluted water to storm drains and sanitary sewers.

35.33.15.2. Such personnel shall include workers and supervisors whose duties pertain in any manner to the production and/or disposal of polluted water or industrial wastes regulated by this article.

35.33.15.3. Steps to inform such personnel shall include, but are not limited to, the following:

(A) Orientation of newly employed or newly assigned personnel;

(B) Annual reorientation of all appropriate personnel; and

(C) Posting of work stations with signs or equally effective methods indicating approved methods for disposition of wastes, reporting requirements and instructions for proper handling of accidental spills and increased loadings.

(Ord. No. 25.94, 12/6/94; Ord. No. 2.13, § 2, 3/26/13.)

All dischargers subject to the federal pretreatment regulations shall be in conformance with such, including but not limited to, effluent standards, monitoring requirements and reporting requirements. In the event of any apparent conflicts between the requirements established in this article and U.S. Environmental Protection Agency (EPA) requirements, the more restrictive limitation shall apply.

(Ord. No. 25.94, 12/6/94; Ord. No. 11.07, 11/27/07; Ord. No. 2.13, § 2, 3/26/13.)

The city may establish standards for any industrial waste or polluted water not specifically referred to in this article by resolution or ordinance enacted by the city council.

(Ord. No. 25.94, 12/6/94; Ord. No. 11.07, 11/27/07; Ord. No. 2.13, § 2, 3/26/13.)

In the event a discharge permit holder or applicant should be affected by a newly promulgated waste discharge standard, or an existing discharge permit holder is reclassified as being subject to the categorical standards provided in the federal pretreatment regulations due to process changes, or an inspection reveals the presence of regulated processes or new information becomes available that justifies or requires a reclassification, the discharger shall, within ninety (90) days of the effective date of a categorical standard or reclassification, file a baseline monitoring report (BMR). If additional pretreatment, operational and/or maintenance procedures, or installation of facilities, equipment or improvements, are required to meet the federal pretreatment regulations, the discharger shall include a compliance time schedule which specifies the shortest schedule by which the discharger will provide such additional pretreatment procedures, facilities, equipment or improvements to attain compliance. For purposes of federal pretreatment regulations, the completion date in this schedule shall not be later than the established compliance date provided by the applicable federal pretreatment regulations.

(Ord. No. 25.94, 12/6/94; Ord. No. 11.07, 11/27/07; Ord. No. 2.13, § 2, 3/26/13.)

New sources of polluted water or industrial waste discharge shall be in full compliance with the provisions of this article at the time of commencement of discharge. Discharges of new sources shall certify that measures have been taken to minimize toxic constituents in the discharge.

(Ord. No. 25.94, 12/6/94; Ord. No. 11.07, 11/27/07; Ord. No. 2.13, § 2, 3/26/13.)

At least annually, notice shall be provided in the largest local daily newspaper listing those dischargers that were found to have been in significant noncompliance with applicable pretreatment requirement, as defined in this chapter, during the previous twelve (12) months.

(Ord. No. 25.94, 12/6/94; Ord. No. 11.07, 11/27/07; Ord. No. 2.13, § 2, 3/26/13.)

Except where expressly authorized to do so by an applicable categorical standard provided in the federal pretreatment regulations or discharge permit, no discharger shall ever increase the use of process water, or in any other way dilute a discharge.

(Ord. No. 25.94, 12/6/94; Ord. No. 11.07, 11/27/07; Ord. No. 2.13, § 2, 3/26/13.)

(A) Sewers shall be properly designed and constructed in accordance with the City of Mountain View Standard Provisions and Standard Details; current city Standard Design Criteria for Sanitary Sewers; current approved Plumbing Code; and Chapter 35, Article IV of the Mountain View City Code. The city's public works department is authorized to establish standard provisions. Newly installed, repaired and rehabilitated sewers shall be tested and inspected in accordance with the city's Standard Provisions.

(B) The owner of every commercial or industrial building, or portion thereof, for which a building permit is issued on or after July 1, 1992 shall cause such building to be constructed so that industrial waste is segregated, by means of separate plumbing, from domestic waste prior to converging with other waste streams in the sanitary sewer collection system. This section shall apply to newly constructed buildings, building additions that require plumbing for industrial waste, and remodeling of existing buildings to accommodate expansion of or change to a use that requires plumbing for industrial waste.

(C) Prior to final closure of any industrial facility, the fire chief may require inspection and/or testing of the facility's sanitary sewer lines to ensure that the integrity of the sewer lines has not been compromised and to determine the quantity and pollutant content of sediments. Inspection and/or testing to ensure the integrity of sewer lines will be required when the facility's discharge history includes pH fluctuations, or when past discharges may have compromised or called into question the integrity of the sewer lines. Inspection and/or testing to determine the quantity and pollutant content of sediments will be required when the facility's type of operations and pollutant content of discharges make the presence of contaminated sediments likely. Inspection and testing may include, but not be limited to, pressurized testing, smoke testing, video camera inspection and/or analytical testing of sediments for pollutants regulated by the facility's discharge permit. Where contaminated sediments or compromised sewer lines are identified, responses may include, but not be limited to, requiring replacement of compromised sewer lines and requiring removal of contaminated sediments from sewer lines. Facilities may elect to remove sediments from sewer lines in lieu of analytical testing. For the purposes of this section, "final closure" means closure of an industrial facility, when an entire building is being vacated by the current operator or when the uses of an entire building will no longer include use of hazardous materials.

(Ord. No. 25.94, 12/6/94; Ord. No. 16.02, 9/24/02; Ord. No. 11.07, 11/27/07; Ord. No. 2.13, § 2, 3/26/13.)

In addition to other enforcement remedies available, the following remedies apply to this Division.

35.33.23.1. Civil penalties. The city may petition the superior court to impose civil penalties pursuant to Government Code Sec. 54740 in an amount not to exceed twenty-five thousand dollars ($25,000) per day per violation for violations of this Division. In determining the amount of the penalty, the court must consider all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs, and any corrective action taken or attempted by the discharger.

35.33.23.2. Civil administrative penalties. Pursuant to Government Code Sec. 54740.5, the fire chief may issue an administrative complaint against any person who has violated this Division.

(A) Complaint. The administrative complaint shall state:

(1) The act or failure that constitutes the violation;

(2) The provision of law authorizing civil liability to be imposed;

(3) The proposed civil penalty; and

(4) A hearing on the complaint shall be conducted within sixty (60) days after service, unless the person charged with the violation waives his/her right to a hearing.

The administrative complaint shall be served on the person charged with the violation(s) in person or by certified mail.

(B) Hearing and administrative decision. Unless the person charged with the violation(s) waives his/her right to a hearing in writing written within ten (10) days of the administrative complaint, the hearing officer must conduct the hearing on the violation within sixty (60) days of the administrative complaint or as mutually agreed. The hearing officer's decision shall be issued in a written administrative order. If the city's hearing officer finds that a violation has occurred, he/she may assess administrative penalties against the person. In determining the amount of the penalty to be imposed, the city's hearing officer must consider all of the relevant circumstances, including, but not limited to: (1) the extent of harm caused by the violation; (2) the economic benefit derived through any noncompliance; (3) the nature and persistence of the violation; (4) the length of time over which the violation occurred; and (5) any corrective action taken or attempted by the discharger. Civil administrative penalties that may be imposed are as follows:

(1) Two thousand dollars ($2,000) per day for failing or refusing to furnish technical or monitoring reports, or knowingly submitting false information in any required report;

(2) Three thousand dollars ($3,000) per day for failing or refusing to timely comply with any compliance schedule established by the city;

(3) Three thousand dollars ($3,000) per day per violation for discharges in violation of any waste discharge limitation, permit condition or requirement issued, reissued or adopted by the city;

(4) Ten dollars ($10) per gallon for discharges in violation of any suspension, cease-and-desist order or other orders, or any prohibition issued, reissued or adopted by the city.

(C) Right to appeal to council. The person against whom civil administrative penalties are assessed has the right to file a written request with the city clerk to appeal the decision of the hearing officer to the city council within thirty (30) days of the decision. The council may hear the appeal within sixty (60) days of the request for an appeal hearing. The appeal before council shall be conducted in accordance with procedures established by the council. The decision of the city council shall be in writing and shall be final.

(D) Payment of penalties. Penalties must be paid to the city within thirty (30) days of the hearing officer's order or, if appealed to council, within thirty (30) days of council's order imposing penalties. The city must serve the order on the person ordered to pay the penalties in person or by registered mail. If a hearing is waived, the proposed penalty in the administrative complaint will be final and the penalty must be paid within thirty (30) days of the written request to waive the hearing.

(E) Collection of delinquent penalties and liens. The amount of any penalties which remain unpaid after sixty (60) days becomes a lien on the real property of the discharger from which the discharge resulting in the violations was made. If the lien is recorded with the county recorder, the lien has the same force, effect and priority as a judgment lien for ten (10) years. The lien may be renewed according to certain procedures set forth in state law. If the lien is not recorded, it is not enforceable.

(F) Use of funds derived from penalties. All penalties collected must be deposited in a special account of the city to be used for monitoring, treatment and control of discharges into the city's sanitation or sewer system or other mitigation measures.

(G) City must choose between administrative penalties and civil administrative penalties. If the city elects to impose a civil administrative penalty under this section, it cannot also seek to impose a civil penalty through court action for the same violations(s).

35.33.23.3. Other remedies. The city may obtain other remedies for noncompliance with pretreatment requirements and federal pretreatment standards by any discharger as set forth in state or federal law, or in equity, including injunctive relief (40 CFR Sec. 403.8(f)(1)(vi)).

35.33.23.4. City right to terminate discharge. The city reserves the right to terminate sewer service for noncompliance with the provisions of this Division which reasonably appear to present imminent danger to the health, safety and welfare of persons. The discharger shall immediately cease discharge of any wastes presenting such a hazard upon verbal and/or written notice of the fire chief or his/her designated representative. Such termination shall be effective immediately, but shall be reviewable pursuant to the hearing process provided in MVCC Sec. 35.33.6.

(Ord. No. 25.94, 12/6/94; Ord. No. 15.04, 12/7/04; Ord. No. 11.07, 11/27/07; Ord. No. 2.13, § 2, 3/26/13.)