Chapter 1 — ANIMALS AND FOWL

2. FISH MEAL STORAGE AND HANDLING (REPEALED)
   3. INTEGRATED SOLID WASTE MANAGEMENT
   4. HEALTH AND SAFETY CODE
   5. RESERVED
   6. STORM WATER DRAINAGE SYSTEM
   7. PUBLIC SEWER SYSTEM
   8. WATER SERVICES (REPEALED) 8A. WATER CONSERVATION PLAN 8B. WATER SERVICES 8C. RECYCLED WATER USE 8D. POTABLE WATER FACILITIES 8E. CROSS-CONNECTION CONTROL
   9. WEEDS AND REFUSE ABATEMENT
   10. MASSAGE (REPEALED)
   11. CERTIFICATION OF WORKER COMPETENCY AND FOOD INDUSTRY SANITARY PROCEDURES
   12. CONTROL OF BLOWING SAND AND PREVENTION OF SOIL EROSION BY WIND
   13. SMOKING 13A. SMOKE-FREE PARKS
   14. GRAFFITI SUPPRESSION
   15. SOLID WASTE DISPOSAL AND RECYCLING (REPEALED)
   16. REGULATION OF EPHEDRINE PURCHASES
   17. REGULATION OF BUTANE PURCHASES
   18. CANNABIS

CHAPTER 1: ANIMALS AND FOWL

CHAPTER 1: ANIMALS AND FOWL

Article 1. Animals and Fowl (Repealed) Article 2. Dogs and Cats 6-1.200 Definitions 6-1.201 Reserved 6-1.202 Reserved 6-1.203 Vaccination and licenses: Required 6-1.204 Dog licenses: Places of procurement 6-1.205 Dog licenses: Applications: Issuance: Form 6-1.206 Dog licenses: Fees: Penalties 6-1.207 Dog immunizations: Time period 6-1.208 Dog immunizations: Veterinarians 6-1.209 Dog tags: Issuance 6-1.210 Dog tags: Maintenance on dogs 6-1.211 Unauthorized removal of dog tags/licenses 6-1.212 Rabies examinations 6-1.213 Leashes 6-1.214 Vicious dogs 6-1.215 Impoundment of dogs at large 6-1.216 Impoundment of cats 6-1.217 Reserved 6-1.218 Reserved 6-1.219 Reserved 6-1.220 Reserved 6-1.221 Reserved 6-1.222 Reserved 6-1.223 Reserved 6-1.224 Commercial kennels: Licenses: Required: Fees 6-1.225 Commercial kennels: Licenses: Suspension and revocation 6-1.226 Operating a commercial kennel without a license unlawful 6-1.227 Commercial kennels: Application of license provisions 6-1.228 Commercial kennels: Reports of sales 6-1.229 Contracts for delegation of duties of Enforcing Officer 6-1.230 Keeping Pot Bellied Pigs Article 2.5. Barking Dog and Noisy Animal Violations and Civil Fines 6-1.250 Definitions 6-1.251 Applicability 6-1.252 Barking dog and noisy animals declared public nuisance 6-1.253 Barking dog or noisy animal citation: General 6-1.254 Barking dog or noisy animal citation: Contents 6-1.255 Service of barking dog or noisy animal citation

6-1.256 Amount of barking dog or noisy animal civil fines 6-1.257 Payment of barking dog or noisy animal civil fines 6-1.258 Administrative hearing 6-1.259 Hearing procedures 6-1.260 Decision after administrative hearing 6-1.261 Right to judicial review 6-1.262 Collection of unpaid fines Article 3. Dairies 6-1.301 Commercial dairy defined 6-1.302 Commercial dairies prohibited: Exceptions Article 4. Standard for Care and Treatment for Sale of Animals at Swap Meets 6-1.400 Definitions 6-1.401 Standard of care 6-1.402 Enforcement 6-1.403 Penalties

Article 1. Animals and Fowl (Repealed)

Article 2. Dogs and Cats*

*Sections 6-1.200 through 6-1.217, codified from Ord. 1282, eff. January 8, 1958, as amended by Ord. 1715, eff. December 18, 1969, Ord. 1727, eff. June 18, 1970, Ord. 1831, eff. May 2, 1974, Ord. 1945, eff. June 16, 1977, Ord. 1994, eff. April 7, 1978, Ord. 2037, eff. April 19, 1979, amended in its entirety by Ord. 2523, eff. March 19, 1992.

It in unlawful for any user to discharge or cause to be discharged to the sewerage system any rainwater, stormwater, groundwater, street drainage, subsurface drainage, roof drainage, yard drainage, yard fountains, ponds or lawn sprays, or any other unpolluted water. Any discharges from swimming pools, wading pools, or therapy pools in which chlorine may be present, may be permitted by the Administrator to discharge to the sewerage system. If permission is granted for the discharge of such water into the sewerage system, the user shall provide for restricted flow and pay any applicable fees. (§ 3, Ord. 2755, eff. April 4, 2002)

It is unlawful for a user to discharge, or cause to be discharged, any radioactive waste into the sewerage system except: (a) When the user is authorized to use radioactive materials by the State Department of Health Services or other governmental agency empowered to regulate the use of radioactive materials; (b) When the radioactive waste is discharged in strict conformity with current California Radiation Control Regulations as set forth in Title 17 of the Cal. Code of Regulations; (c) When the user is in compliance with all rules and regulations of all other applicable regulatory agencies; and (d) When an industrial wastewater permit has been obtained from the City. (§ 3, Ord. 2755, eff. April 4, 2002)

(a) The installation of any garbage grinder with a motor of one and one-half (1½) horsepower or greater shall be subject to the review and approval of the Administrator. Such grinders must shred the waste to a degree that all particles are carried freely under normal flow conditions prevailing in the sewerage system or pass through a three- eighth (3/8) inch screen. (b) Matter from garbage grinders shall not be discharged into a public sewer except matter that is generated in preparation of food normally consumed on the premises, or where the permittee has obtained a permit for a specific use from the Administrator, and agrees to undertake whatever wastewater treatment and self-monitoring is required. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, or garden refuse.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021)

No user shall discharge wastewater delivered by vehicular transport, rail car, or dedicated pipeline directly or indirectly to the sewerage system except where authorized by the Administrator. Discharge of chemical toilet wastes from airplanes and mobile recreation units into the sewer shall be permitted only at locations specified by the Administrator. Discharge of hauled wastes from septic tanks or cesspools, or any source other than chemical toilet wastes, directly or indirectly into the sewerage system, shall be prohibited. Users seeking a domestic waste hauler permit shall complete and file an application with the IEUA. (§ 3, Ord. 2755, eff. April 4, 2002)

The installation, replacement, or enlargement of any self-regenerating water softening appliance which discharges into the community sewer system that is tributary to the regional sewerage system is not permitted. This section shall not apply to any portable exchange water softener of the type that is regenerated off-site at a lawfully regulated location. The Inland Empire Utilities Agency may make available to residential owner of (operational) self- regenerating water softeners a voluntary rebate program to compensate them for the reasonable value for removal and disposal of the self-regenerating water softening appliance. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021)

(a) No user shall discharge solid wastes from hospitals, clinics, offices of medical doctors, convalescent homes medical laboratories or other medical facilities to the sewerage system including, but not limited to, hypodermic needles, syringes, instruments, utensils or other paper and plastic items of a disposable nature except where prior written approval for such discharges is given by the Administrator. (b) The City shall have the authority to require that any discharge of an infectious waste to the sewer be rendered non-infectious prior to discharge if the infectious waste is deemed to pose a threat to the public health and safety, or will result in any violation of applicable waste discharge requirements. (§ 3, Ord. 2755, eff. April 4, 2002)

Spent solutions, sludges, and materials of quantity or quality in violation of, or prohibited by this chapter, or any permit issued under this chapter must be disposed of in a legal manner at a legally acceptable point of disposal as defined by the City or appropriate Regulatory Agency. All waste manifests shall be retained for a minimum of three (3) years, and made available to the City upon request. (§ 3, Ord. 2755, eff. April 4, 2002)

(a) Except where authorized to do so by an applicable pretreatment standard or pretreatment requirement, it is unlawful for any user to increase the use of process water or dilute a discharge as a partial or complete substitute for

adequate treatment to achieve compliance with a pretreatment standard or requirement. Whenever dilution is authorized, the Administrator may impose mass limits on the user. (b) When a wastestream regulated by a categorical standard is combined prior to treatment with other wastestreams, either regulated or non-regulated, the Administrator shall apply a combined wastestream formula to calculate an alternate discharge limit. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021)

(a) Bypass is prohibited unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and (3) The user submitted notices as required under subsection (b) of this section. (b) If a user knows in advance of the need for a bypass, the user shall submit prior notice to the Administrator, at least ten (10) days prior to the date of the anticipated bypass. After considering its potential adverse effects, an anticipated bypass may be approved by the Administrator if the three (3) conditions that are listed in subsection (a) of this section, are met. (c) In case of an unanticipated bypass that causes or may cause a violation of an industrial wastewater permit or any applicable pretreatment standard, the user shall notify the Administrator and IEUA pursuant to § 6-7.509. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190 , eff. October 7, 2021)

(a) No user, except City of Ontario personnel involved in maintenance functions of the sewerage system, shall discharge any wastewater directly into a manhole or other opening in a sewer other than through an approved building sewer, unless approved by the Administrator upon written application by the user and payment of any applicable fees and charges established herein. (b) No user shall circumvent or obviate the intent or purpose of this chapter by discharging, or causing to be discharged, into any storm drain, stormwater channel, stormwater drainage system facility, or natural watercourse, whether currently carrying water or not, or into any pipe, public street, or waterway leading to such drain, channel, facility, or natural watercourse, any material, waste, or wastewater, not including unpolluted water, which is prohibited or restricted as to its discharge into the public sewer system. (c) No user shall deposit or discharge into any sump which is not impermeable or into any pit or well, or onto the ground: (1) Acids or caustics, whether neutralized or not; (2) Excessively saline wastes (electrical conductivity greater than 2,000 umhos/cm); (3) Any material, waste, or wastewater, which by seeping underground or by being leached or by reacting with soil is detrimental to the surface or ground water; and (4) Violates waste disposal requirements, waste discharge requirements, as adopted by the Regional Water Quality Control Board, Santa Ana Region, State Water Resources Control Board, the Department of Environmental Health Services, the Environmental Protection Agency, or any other Regulatory Agency with appropriate jurisdiction. (§ 3, Ord. 2755, eff. April 4, 2002)

Section. 6-7.212. Local discharge limits.

(a) Local limits are established to protect against pass through and interference. No SIU shall discharge wastewater to the public sewer in excess of the local limits that are established by the IEUA and/or adopted by the City. It is unlawful for an SIU to discharge wastewater to the public sewer that exceeds the local limits and/or Title 40 of the Code of Federal Regulations (the more stringent regulations apply) or which will result in the inability of the local POTW to meet its NPDES wastewater discharge permit requirements and/or its effluent limitations. Modifications of the local limits may be necessary to meet the requirements for discharge to the POTW or for basin groundwater recharge. (b) Wastewater discharged to the sewerage system by a categorical industrial user shall be limited to the stricter of the discharge limit listed under subsection (a) of this section, and/or Title 40 of the Code of Federal Regulations for applicable categorical standards. (c) The Administrator may specify a mass limit for any pollutant in the user's industrial wastewater permit. Any mass limit shall be based on the local discharge limit or Federal Categorical Pretreatment Standards, whichever is stricter, and the user's average daily wastewater discharge. The average daily wastewater discharge shall be based on the previous twelve (12) months of operation or other representative data. The Administrator may revise the mass limit previously established in the user's permit at any time, based on the user's current or anticipated operating data, and the City's ability to comply with the regional contract and the requirements of any other regulatory agency. The excess use of water to establish an artificially high flow rate for mass emission rate determination is prohibited. (d) In order for the POTW to remain in uninterrupted compliance with mandated changes in federal, state or local wastewater pretreatment requirements, the City Council shall adopt any required changes to the City's wastewater discharge local limits. (e) The Administrator may specify an electrical conductivity limit of one-thousand two-hundred and eighty (1,280) micro Ohms per centimeter in lieu of the TDS local limit, if there is reason to believe that there may be significant interference with the analytical procedure to determine TDS. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 2913, eff. January 1, 2010, and by § 2, Ord. 3190, eff. October 7, 2021)

Article 3. Permits

(a) To provide for the maximum public benefit for the use of the City sewerage system, written authorization to use said facilities is required. This written authorization shall be in the form of a discharge permit. No vested right shall be given by issuance of permits provided for in this section. The City reserves the right to establish by Municipal Code or in wastewater discharge permits, more stringent standards or requirements on discharges to the City's sewerage facilities if deemed appropriate by the Administrator. (b) The permit for industrial wastewater discharge or discharge authorization shall require compliance with applicable National Pretreatment Standards and requirements, state discharge requirements, and local limits and requirements. It may also require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers of the City, relocation of the point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the City created by the wastewater discharge, and such other conditions as may be required to effectuate the purpose of this ordinance. It is unlawful to discharge industrial wastewaters in excess of the quantity or quality limitations set by the permit for industrial wastewater discharge or

discharge authorization. Any person desiring to discharge wastewaters or use facilities which are not in conformance with the industrial wastewater discharge permit or discharge authorization shall apply to the City Administrator for an amended industrial wastewater discharge permit or discharge authorization. (c) Industrial wastewater discharge permits will be issued in one (1) of eight (8) forms and is dependent upon the type of discharger, volume, and discharge characteristics. A user may not require a permit if it does not meet the definition of an SIU, discharges domestic waste only and/or has been determined by the Administrator to have little potential to adversely affect the operation and maintenance of the sewerage system, the POTW, and poses no threat to system worker or the public welfare. The eight (8) discharge permit types are: (1) Class I Wastewater Discharge Permit issued to significant industrial users and categorical users: (i) Any user subject to Federal Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; (ii) Any user having industrial flows equal to or greater than twenty-five thousand (25,000) gallons per day (excluding sanitary, non- contact cooling and boiler blow down wastewater); (iii) Any user contributing a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW regional treatment plant; and (iv) Any user designated as such by the Administrator on the basis that the industrial user has a reasonable potential for adversely affecting the operation of the regional treatment plant or for violating any pretreatment standard or pretreatment requirement; and (2) Class II Wastewater Discharge Permit issued to any user that does not fit the definition of an SIU, but has the potential to negatively affect the City sewerage system, the local POTW, or endanger worker welfare, and to any user discharging wastewater other than domestic waste only, where the Administrator has determined that a Class II permit is required. (3) Class IIF Wastewater Discharge Permit issued to: (i) Facilities that are engaged in food preparation for consumption by the public desiring to discharge wastewater into the City sewerage system, and have been determined to have a reasonable potential to negatively affect the City of Ontario collection system or POTW; (4) Class IIZ Wastewater Discharge Permits are issued to any industrial user who is performing operations that are subject to categorical pretreatment standards, but does not discharge federally regulated wastewater to sewer, and only discharges unregulated wastewater that would normally be covered under a Class II type permit into the sewerage system. (5) Class III permits are issued to targeted non-SIU commercial sector groups to regulate the conventional pollutants only. (6) Class IIIZ Industrial Wastewater Permit issued to any industrial user who is performing operations that are subject to categorical pretreatment standards, but does not discharge federally regulated wastewater to sewer, and only discharges unregulated wastewater that would normally be covered under a Class III type permit into the sewerage system. (7) Class IZ Industrial Wastewater Permit issued to any user who is subject to categorical pretreatment standards, and does not discharge industrial waste, and only discharges domestic waste into the sewerage system. (8) Temporary Industrial Wastewater Discharge Permit issued to: (i) Any user discharging wastewater temporarily from industrial operations; (ii) Any user who has a discharge of unpolluted water whereby no alternative method of disposal is available. (d) No user of the City sewerage system requiring a permit shall discharge wastewater without obtaining a wastewater discharge permit. The determination for requiring a wastewater discharge permit is made by the Administrator or their designee. Any user that fits the definition of a significant industrial user, or having otherwise

been determined to have a reasonable potential to adversely affect the operation and maintenance of the sewerage system, the POTW, or poses a threat to worker welfare, or has been determined in need of one by the Administrator is required to obtain a permit. (e) All users of the City's sewerage system proposing to discharge industrial waste directly or indirectly into the sewerage system, where a potential exists to interfere with the operation and maintenance of the sewer system or with the pretreatment facilities shall obtain a wastewater discharge permit from the City Administrator or their designee by filing an application pursuant to § 6-7.302 and paying the applicable fees pursuant to § 6-7.704. These wastes will include all wastewater discharges which are required to be regulated by federal laws or regulations, State of California mandates, or local ordinances. (f) All wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations, charges for use, and fees established by the City. Wastewater discharge permit conditions shall be enforced by the City of Ontario and Inland Empire Utilities Agency in accordance with this chapter and applicable state and federal regulations. (g) Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water in accordance with 40 CFR § 403.15. Any industrial user wishing to obtain credit for intake pollutants must make application to the Administrator. Upon request of the industrial user, the applicable pretreatment standard will be calculated on a "net" basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of 40 CFR 403.15(b) are met. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 12, Ord. 2816, eff. December 1, 2005, § 4, Ord. 2945, eff. January 6, 2012, and § 2, Ord. 3190, eff. October 7, 2021)

(a) Users seeking to obtain an industrial wastewater discharge permit shall complete and file with the City, prior to commencing discharge, an application and survey on the forms prescribed by the City. The applicant may be required to submit, in units and terms appropriate for evaluation and in sufficient time to allow proper and thorough evaluation, the following information: (1) Name, address, SIC number(s) and/or NAISC number(s), and a description of the manufacturing process or service activity; (2) (Whichever is applicable) name, address of any and all principals/owner/major shareholders of company; Articles of Incorporation; most recent report of the Secretary of State; business license; (3) Volume of wastewater to be discharged; (4) Name of individual who can be served with notices other than officers of corporation; (5) Name and address of property owner, landlord and/or manager of the property; (6) Wastewater constituents and characteristics as required by the City. These constituents and characteristics shall be determined by an ELAP certified laboratory selected by the discharger and acceptable to the City; (7) Time and duration of discharge; (8) Number of employees and average hours of work per employee per day; (9) Waste minimization and water conservation practices; (10) Production records, if applicable; (11) Waste manifests, if applicable; (12) Tons of cooling tower capacity, if applicable; (13) EPA Hazardous Waste Generator Number, if applicable; (14) The location for monitoring all wastes covered by the permit;

(15) Flow measurement information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set forth in 40 CFR 403.6(e). (16) Any other information as specified. (17) Special studies may be required in the processing of an application, or an individual wastewater discharge permit update. In the event a special study is required, the City shall notify the applicant or the user in writing, of the need for a special study, and what parameters the study should address. If the City performs the study, the applicant or user shall deposit with the City the estimated cost of performing the study. All costs shall be borne by the applicant or user. Final costs will be based upon actual costs incurred by the City. (18) Any environmental control permits held by or for the facility including permits issued by the San Bernardino County Department of Environmental Health Services, State of California, and South Coast Air Quality Management District. (b) Applicants may be required to submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, pretreatment equipment, and appurtenances by size, location, and elevation for evaluation, and all points of discharge. (c) Applicants may also be required to submit information related to the applicant's business operations, processes, and potential discharge as may be requested by the City to properly evaluate the permit application. (d) After evaluation of the data, the City and/or Inland Empire Utilities Agency may issue a wastewater discharge permit, subject to terms and conditions set forth in this chapter and as otherwise determined by the Administrator to be appropriate to protect the City's sewerage facilities. (e) The permit application may be denied if the applicant fails to establish to the City's satisfaction, that adequate pretreatment equipment is included within the applicant's plans to ensure that the discharge limit will be met or if the applicant has, in the past, demonstrated an inability to comply with applicable discharge limit. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 13, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3190, eff. October 7, 2021)

(a) All industrial wastewater discharge permits shall be subject to all provisions of this chapter, all other applicable regulations, and user charges and fees established by the City. In addition, all permits may be subject to the following: (1) Limits on the average and maximum wastewater constituents, characteristics and mass limits. The Administrator may impose mass emission rate limitations on users where the imposition of such limitations is appropriate; (2) Limits on the average and maximum rate and time of discharge requirements for flow regulations and equalization; (3) Requirements for the installation, operation, and maintenance of a pretreatment system and equipment; (4) Requirements to operate and maintain the pretreatment system using a qualified and certified operator as determined by the Administrator; (5) Requirements for installation, operation, and maintenance of monitoring, monitoring/ surveillance facilities, pH control, and/or flow monitoring which comply with the BMP; (6) Specifications for monitoring programs which may include sampling locations, frequency of sampling, numbers and types of samples, standards for tests and reporting schedules; (7) Compliance time schedules; (8) Requirements for submission of technical reports, discharge reports, production data, and/or waste manifests;

(9) Requirements for maintaining and retaining industrial records relating to wastewater discharge as specified by the City. These records shall be made available to City and IEUA personnel upon request; (10) Requirements for notification of the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the City's sewerage system; (11) Requirements for notification of slug discharges; (12) Requirements to self-monitor; (13) Requirements to maintain various discharge logs; (14) Requirements to inventory key pretreatment system equipment; (15) Requirements to separate all domestic wastewater from bathrooms, showers, drinking fountains, from all industrial wastewater until the industrial wastewaters have passed through any required pretreatment facilities; (16) Requirements to consolidate all industrial flows into one (1) location for purposes of monitoring and determining compliance with the permit and this chapter; (17) Requirements to notify the Administrator, up to forty-eight (48) hours prior to the commencement of any batch discharge. Notification shall include the date, time and location of proposed batch discharge; (18) Other conditions as deemed appropriate by the Administrator to ensure compliance with this chapter; (19) Requirements to develop a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and pretreatment requirements; and (20) Requirements for submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and pretreatment requirements, including but not limited to the reports required in 40 CFR 403.12. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 14, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3190, eff. October 7, 2021)

An industrial wastewater permit shall be issued for a specified time period, not to exceed five (5) years. An industrial wastewater permit may be issued for a period of less than five (5) years at the discretion of the Administrator. Each individual wastewater discharge permit will indicate a specific date upon which it will expire. Under special circumstances, the Administrator may at his or her option extend the permit duration for an additional time period not to exceed one (1) year for permits that have been issued for a duration period of four (4) years or less. The user shall apply for renewal of the permit no more than one hundred twenty (120) or later than sixty (60) days prior to the expiration date of the permit. After submitting an application for renewal, the permit shall automatically be extended until the Administrator makes a determination on the application for renewal. Any existing user who is discharging industrial wastewater to the public sewer without a valid industrial wastewater permit shall apply for a permit within ten (10) working days from the date of notification of the permit requirement. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021)

(a) The user shall submit to the Administrator, within a reasonable time, any documents or records maintained by the user and requested by the Administrator to determine whether cause exists for rescinding, modifying, revoking, reissuing the permit, or to determine compliance with the permit requirements. (b) The terms and conditions of an issued permit may be subject to modification and change in the determination of the City and IEUA during the life of the permit for good cause, including, but not limited to, the following reasons:

(1) Changes in the user's current or anticipated pretreatment system operating data; (2) Changes in the City's sewerage system's and IEUA's treatment plant current or anticipated operating data; (3) Changes in the requirements of regulatory agencies which affect the City and IEUA's treatment plant; (4) To incorporate any new or revised federal, state, or local pretreatment standards or requirements; (5) To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the date the wastewater discharge permit was issued; (6) To reflect any change in the City sewerage system that requires either a temporary or permanent reduction or elimination of the authorized discharge; (7) In response to information indicating that the permitted discharge poses a threat to the City's sewerage system, its personnel, IEUA's treatment plant, or the receiving waters; (8) Violation of any terms or conditions of the industrial wastewater discharge permit; (9) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; (10) Revision of or a grant of variance from Categorical Pretreatment Standards pursuant to 40 CFR 403.13; (11) To correct typographical or other errors in the industrial wastewater discharge permit; or (12) To reflect a transfer of the facility ownership or operation to a new owner or operator as allowed by this chapter. (c) The Administrator shall inform the user of any proposed changes or new conditions in his permit and shall include a reasonable period of time for compliance. (d) The user shall have the right to file, with the Administrator, a written request to reduce monitoring and/or reporting requirements or to have other permit conditions modified or changed. Any request by the user to modify the user's industrial wastewater permit shall be processed, if approved by the Administrator, after payment of applicable fees and charges. (e) The Administrator may deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the public sewer by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the City to violate the Regional Contract, or the POTW to violate its NPDES permit. (f) All permitted discharges must commence within one hundred eighty (180) days from the effective date of the permit or the permit may be deemed void. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 15, Ord. 2816, eff. December 1, 2005)

Industrial wastewater discharge permits are issued to a specific user for a specific operation at a particular location. Such permits shall not be reassigned, transferred or sold. (§ 3, Ord. 2755, eff. April 4, 2002)

(a) Industrial users subject to a categorical pretreatment standard must comply with the applicable categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471. (b) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Administrator may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual significant industrial users.

(c) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same pretreatment standard, the Administrator shall impose an alternate limit in accordance with 40 CFR 403.6(e). (d) The Administrator may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration-based limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the Administrator. (e) Once included in its permit, the industrial user must comply with the equivalent limitations developed in this § 6-7.307 in lieu of the promulgated categorical standards from which the equivalent limitations were derived. (f) Many categorical pretreatment standards specify one (1) limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four (4)-day average, limitations. Where such pretreatment standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation. (g) Any industrial user operating under a permit incorporating equivalent mass or concentration-based limits calculated from a production-based pretreatment standard shall notify the Administrator within two (2) business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the Administrator of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate. (§ 2, Ord. 3190, eff. October 7, 2021)

Article 4. Facilities

Upon request by the City: (a) Applicants or users may be required to submit three (3) copies of detailed facility plans. The submittal shall be in a form and content acceptable to the City for review of existing or proposed pretreatment facilities, spill containment facilities, monitoring facilities, metering facilities, and operating procedures. The review of the plans and procedures shall in no way relieve the user of the responsibility of modifying the facilities or procedures in the future, as necessary to produce an acceptable discharge and to meet the requirements of this chapter or any requirements of other Regulatory Agencies. (b) The drawing shall depict as a minimum, the manufacturing process (waste generating sources), spill containment, monitoring or metering facilities, and pretreatment facilities. (c) The applicant or user shall submit a schematic drawing of the pretreatment facilities, piping and instrumentation diagram, and wastewater characterization report. (d) Users and applicants may also be required to submit for review site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, and appurtenances by size, location, and elevation for evaluation. (e) The City may require the drawings be prepared by a California Registered Chemical, Mechanical, or Civil Engineer. (§ 3, Ord. 2755, eff. April 4, 2002)

(a) An industrial wastewater pretreatment facility or device may be required to restrict or prevent the discharge to the sewerage system of certain wastewater constituents, or to accomplish any pretreatment result required by the Administrator.

(b) A pretreatment facility which requires engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed in the State of California. (c) Detailed plans showing the pretreatment facilities and operating procedures, and compliance schedules shall be submitted to the City for review and approval before construction of the facility. (d) The review of such plans and operating procedures will in no way relieve the permittee from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Administrator under the provisions of this ordinance. (e) Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Administrator. (f) The Administrator or his/her appointed designee shall have the authority in negotiation with any industrial permittee, to impose compliance schedules relating to installation of specific pretreatment equipment, filing of reports, and achievement of specific discharge conditions. (g) No permittee shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with any local, state, or federal discharge standard. (h) The user shall establish and maintain a daily operation and maintenance log for any pretreatment system. The daily operation and maintenance log shall contain, at a minimum, the following information: (1) The name of the user responsible for the operation of the pretreatment system, hours of work, and telephone number; (2) Date, time, and a description of all routine maintenance and calibration of the system; (3) Date and time of any major repair and down time on the system; (4) The emergency or backup system or program instituted while the pretreatment system was out of operation; and (5) The estimated daily operational efficiency of the pretreatment system and any other information which may be required to assure compliance with pretreatment requirements. (6) A food service establishment shall keep records of grease pretreatment device cleaning, maintenance and grease removal and shall report on such maintenance to the Administrator when required. The Administrator may require the permittee to provide results of periodic measurements of its discharge which may include chemical analysis for oil and grease content and other constituents. (i) The Administrator may require any user discharging into the sewerage system to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization. (j) The user shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the user to achieve compliance with the conditions of the permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by an industrial user when the operation is necessary to achieve compliance with the conditions of the permit. (k) Waste solids and/or liquids containing pollutants removed in the course of the users pretreatment processes shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering the sewerage system. (l) Whenever deemed necessary, the General Manager may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as many be necessary to protect the POTWS and determine the user's compliance with the requirements of this ordinance.

(m) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021)

(a) Each industrial user shall install and maintain a monitoring facility for each point-source to the sewerage system. The monitoring facility and its location are subject to approval by the Administrator. (b) All proposed construction of commercial and/or industrial buildings shall include plans to install a surveillance/monitoring facility for each point-source to the sewerage system. The surveillance/monitoring facility and its location are subject to approval by the Administrator or in accordance with the City Standard Drawings. (c) When more than one user can discharge into a common private sewer, the Administrator may require installation of a separate monitoring facility for each user. Also, when in the judgement of the Administrator, there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the Administrator may require that a separate monitoring facility be installed for each segregated wastestream. This may include, but may not be limited to, segregation of Categorical process wastestreams from additional wastestreams not subject to categorical standards. (d) City standard drawings establish design requirements, applicable construction standards, safety devices and specifications for surveillance/monitoring facilities. The design plans for any required or surveillance/monitoring facility shall be prepared and signed by an engineer registered in the State of California. Such plans shall be reviewed and must be approved by the Administrator prior to any construction of said facility. The approval of the design of any facility meeting the requirements set forth in this section or any recommendation or requirements made by the Administrator, shall not relieve the user from the responsibility of meeting the requirements of this chapter, and shall not impute any liability to the City for the adequacy of such facility under the actual conditions of use. (e) If explosive or flammable substances are stored or used on-site, and such substances have the potential of entering the sewerage system, the user may be required to install, operate and maintain a combustible gas monitoring system and facilities to divert the entire wastewater flow to a holding tank when the combustible gas level is greater than twenty percent (20%) of the lower explosive limit. These facilities will be provided and maintained at the user's own cost and expense. A user so notified shall provide detailed gas monitoring and wastewater diversion plans, including facilities and operating procedures, to the Administrator for review. (f) If required by the City in writing, the user shall submit construction plans and/or instrumentation for approval by the City of the following: (1) A pH-recording instrument with a strip chart to record all flows on a twenty-four (24) hour continuous basis; (2) A conductivity meter with a strip chart to record all flows on a twenty-four (24) hour continuous basis; (3) A flume, weir, flow meter or similar device approved by the City and suitable to measure the non-domestic flow rate and total volume on a continuous basis. The monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user. All devices used to measure wastewater flow and quality shall be calibrated at a frequency determined by the Administrator to ensure their accuracy. The costs of installing and maintaining such device(s) shall be at the sole expense of the user. (g) Construction of any monitoring facility or device shall be completed within a time period established by the Administrator. (h) Unrestricted access to the monitoring facility shall be available to authorized personnel of the City and IEUA at all times. Unreasonable delays in allowing City or IEUA personnel access to the user's premises shall be a violation of this chapter.

(i) Any temporary or permanent obstruction to safe and easy access to the monitoring facility or surveillance/monitoring facility shall be promptly removed by the user at the written or verbal request of the Administrator and shall not be replaced. The costs of clearing such access shall be borne by the user. (j) A monitoring facility or surveillance/ monitoring facility may be required to include a security closure that can be locked by the City during sampling or upon termination of service. (k) A monitoring facility or surveillance/ monitoring facility shall be located so that samples can be taken immediately downstream from the pretreatment facilities, if any exist, or where no treatment is employed, immediately downstream from the user's wastestream. (l) Any sample taken from the monitoring facility shall be considered representative of the user's discharge. (m) Users are responsible for cleaning and maintaining the monitoring facility and equipment. Oils, solids, and other debris removed from the monitoring facility shall not be discharged to the sewer. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 16, Ord. 2816, eff. December 1, 2005)

(a) A food service establishment discharging grease wastes which, under the conditions existing in the downstream sewers, could cause or threaten to cause stoppage or grease accumulations, shall install an approved grease and oil interceptor and regularly maintain it so as to prevent excessive discharges of grease and oil into the sewerage system. The costs of installing and maintaining such device(s) shall be at the sole expense of the user. Any user who operates, owns or maintains a food service establishment shall cause all floor drains, floor sinks, sinks, and waste container wash racks to be directed through the grease and oil interceptor, and shall keep all domestic wastewater from restrooms, showers, drinking fountains, and condensate (i.e. ice melt, air conditioning) separate from the food service wastewater until the food service wastewater has passed through all necessary pretreatment equipment, devices, or monitoring stations. (b) Each permittee shall be required to provide a collection tank or container for the purpose of physically segregating oils, greases, and greasy solids from wash water. Permittees shall establish procedures for personnel to follow in order to segregate oils, greases, and greasy solids to the collection container prior to performing any washing and other water cleaning which goes into the sewers. The permittee shall be responsible for the proper removal and lawful disposal of the material captured from either the grease pretreatment devices on wastewater lines or the collection container utilized for the segregation of oils, greases and greasy solids. (c) Each vehicle wash, vehicle or equipment servicing, industrial transportation, and/or cleaning facility shall install an appropriate sand, grease and oil Interceptor of a size and design approved by the Administrator. Wastewater arising from the cleaning, servicing and repair of vehicles shall pass through this interceptor before discharge to the sewerage system. (d) If an interceptor is not adequate under the conditions of use, one which is effective in accomplishing the intended purpose shall be constructed by the user within a time period established by the Administrator. (e) The design plans for any required interceptor not included in the Plumbing Code or City standard drawings shall be prepared and signed by an engineer registered in the State of California and meet the drawing submittal requirements set forth in § 6-7.401. Such plans shall be reviewed and must be approved by the Administrator prior to any construction of said device. (f) The interceptor required by this chapter shall be watertight, structurally sound, durable, properly maintained, and easily accessible for inspection and cleaning to assure that the accumulation of sand, oil or grease does not impair the efficiency of the interceptor or pass through the device. At no time shall any material, debris, obstacle or obstruction be placed in such a manner as to prevent immediate access to the Interceptor.

(g) A user who is required to install and maintain an interceptor shall keep maintenance records and hauler's manifests for a minimum of three (3) years. These records shall be made available to the Administrator upon request. Each vehicle wash and food service facility shall be responsible for the costs of installing, inspecting, pumping, cleaning and maintaining its grease interceptor. Cleaning and maintenance must be performed when the total volume of captured grease and solid material displaces more than twenty percent (20%) of the total volume of the unit. All vehicle wash and food service facilities that have grease interceptors shall utilize a licensed grease hauler who has been permitted for pumping services. Pumping services shall include the initial complete removal of all contents, including floating materials, wastewater and bottom sludge and solids from the interceptor. It is unlawful for any grease waste hauler to reinsert, deposit, pump, place, release, or discharge into a grease trap, grease interceptor, manhole, cleanout, or other sanitary sewer appurtenance any materials that the hauler has removed from the grease trap or grease interceptor, or to cause those materials to be so handled. This prohibition as it pertains to the reinsertion of material removed from a grease trap or grease interceptor, shall not apply to a grease waste hauler that has met all of the conditions that are outlined in both the California Penal Code Section 374.5(a)(2)(b) and the City of Ontario Public Sewer System Ordinance, Title 6, Chapter 7, § 6-7.404. Grease interceptor cleaning shall include scraping excessive solids from the walls, floors, baffles and all pipe work. It shall be the responsibility of each vehicle wash or food service facility to inspect its grease interceptor during the pumping procedure to ensure that the interceptor is properly cleaned out and that all fittings and fixtures inside the interceptor are in working condition and functioning properly. (h) Each vehicle wash or food service facility shall determine the frequency at which its grease interceptor(s) shall be pumped according to the following criteria: (1) When the floatable grease layer exceeds six (6) inches in depth as measured by an approved dipping method; (2) When the settleable solids layer exceeds eight (8) inches in depth as measured by an approved dipping method; (3) When the total volume of captured grease and solid material displaces more than twenty percent (20%) of the capacity of the interceptor as calculated using an approved dipping method; or (4) When the interceptor is not retaining/ capturing oils and greases; or the removal efficiency of the device, as determined through sampling and analysis, is less than eighty percent (80%). (i) Periodic inspection of the interceptor may be performed to determine compliance with this section. The owner and/or user of the property shall be subject to enforcement actions if such user fails to maintain the interceptor and/or keep adequate records. (j) Conditional waivers for the grease and oil interceptor or sand, grease and oil interceptor requirement shall be granted by the Administrator for food service establishments or vehicle wash, vehicle or equipment servicing, industrial transportation and/or cleaning facility determined not to have adverse effects on the City's sewerage system or the POTW. Conditional waivers may be revoked for the following reasons: (1) Changes in menu; (2) Falsification of information submitted; (3) Change in operating hours; (4) Changes in equipment used; (5) Changes in the number of vehicles washed; or (6) As determined by the Administrator to have adverse effects on the City's sewerage system or the POTW. (k) The shared use of a grease interceptor by multiple FSEs and/or other industrial users is prohibited unless authorization is granted by the Administrator. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 4, Ord. 2806, eff. January 21, 2005, § 5, Ord. 2945, eff. January 6, 2012, and § 2, Ord. 3190, eff. October 7, 2021)

(a) Upon written notification by the Administrator, the user shall provide secondary spill containment for stored chemicals or other substances which are prohibited or regulated by this chapter and which have the potential of entering the public sewerage system. The user so notified shall submit to the Administrator detailed secondary spill containment plans, including the facility's location, dimensions, and type and volume of material or waste stored. (b) Drawings shall be submitted in accordance with § 6-7.401. (c) The containment system shall be designed and operated as follows: (1) The base shall be free of cracks or gaps, and shall be sufficiently impervious to contain leaks, spills, or precipitation until the collected material is detected and removed; (2) The base shall be sloped or the containment system shall be otherwise designed and operated to drain and remove liquids resulting from leaks, spills, or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids and precipitation; (3) The containment system shall have sufficient capacity to contain precipitation from, at least a twenty-four (24) hour, twenty-five (25) year storm plus ten percent (10%) of the aggregate volume of all containers or the volume of the largest container, whichever is greater plus a freeboard of at least three (3) inches. Containers that are not used to store chemicals in a liquid form need not be considered in this determination; (4) Stormwater runoff from adjacent areas shall be prevented from flowing into the containment system; (5) Spilled or leaked waste and accumulated precipitation shall be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system. Unless otherwise approved by the Administrator, all chemicals or wastes discharged within the collection area shall be disposed of appropriately and not discharged to the sewerage system or the ground. (d) The user shall submit to the Administrator a written statement, signed by a professional civil engineer registered in California, indicating that the containment system is suitably designed to achieve the requirements of this section. (e) Construction shall be completed within a time period established in a compliance schedule. (§ 3, Ord. 2755, eff. April 4, 2002)

Article 5. Monitoring, Reporting, Notification and Inspection Requirements

(a) Periodic measurements of flow rates, flow volumes, and wastewater characteristics for compliance with any limitations or requirements specified in the industrial wastewater permit or this chapter shall be performed using appropriate procedures set forth in 40 CFR Part 136 and 403.12(e), 403.12 (g), 403.12(h) and 122.45(c). Analyses of the constituents and characteristics shall be by a state-certified laboratory, and at the sole expense of the permittee. (b) A user with large fluctuations in quantity or quality of wastewater may be required to provide continuous monitoring for some of the wastewater characteristics. (c) Routine monitoring and sampling shall be conducted at the City-approved monitoring facility, and during a period of normal business operations and wastewater flows of the user. (d) Grab and/or composite samples of the industrial wastewater shall be properly obtained, preserved, and analyzed for the specified wastewater constituents by a state-certified laboratory. (e) All sampling and analysis for the purposes of providing pollutant discharge information to the Administrator in self-monitoring and other reports shall be performed in accordance with the techniques prescribed in the Code of Federal Regulations at 40 CFR Part 136 and amendments thereto.

(f) When 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the EPA Administrator. (g) When requested by the Administrator or the user, a split sample will be provided to the other party to verify the levels of constituents in the wastewater. (h) It shall be unlawful, and the user shall be held financially responsible for any damage to, breakage of, or tampering with, any laboratory or City monitoring equipment while it is in use either in, on, or next to the monitoring facility of the user. (i) The City or IEUA may inspect and sample the wastewater generating and disposal facilities of any user to ascertain whether the intent of this chapter is being met and the user is complying with all requirements. Where a user has security measures in force, the user shall make necessary arrangements so that, upon presentation of suitable identification, personnel from the City, IEUA or laboratory will be permitted to enter without delay for the purpose of performing their specific responsibilities. (j) The City or IEUA shall have the right to set up on the user's property or other locations as determined by the City, such devices as are necessary to conduct sampling or metering operations. (k) Results from all samples taken from the designated monitoring point shall be reported to the City. (l) If sampling by a user indicates a violation, the user shall notify the City within twenty-four (24) hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty (30) days after becoming aware of the violation. Resampling by the user is not required if the City or IEUA performs sampling at the user's facility at least once a month, or if the City or IEUA performs sampling at the user's facility between the time when the initial sampling was conducted and the time when the user receives the results of this sampling, or if the City or IEUA has performed the sampling and analysis in lieu of the user. (m) If a user monitors any pollutant more frequently than required by the City, the results of the monitoring shall be included in the periodic reports on continued compliance. (n) All laboratory reports shall be accompanied by the corresponding chain-of-custody log. The chain-of-custody shall contain the following information: sample source; date, time and method of sampling and sample preservation; type of container used, sampler identification, results of any field measurement or observation, and any other information related to sample handling. (o) The reports required in § 6-7.502 below must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The Administrator shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and pretreatment requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty-four (24) hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Administrator. Where time-proportional composite sampling or grab sampling is authorized by the Administrator, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (24) hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil & grease the samples may be

composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Administrator, as appropriate. (p) The City or IEUA may randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards. The City or IEUA must inspect and sample the effluent from each significant industrial user at least once a year. (q) The City or IEUA shall investigate instances of noncompliance with pretreatment standards and pretreatment requirements, as indicated in the reports and notices required under § 403.12, or indicated by analysis, inspection, and surveillance activities described in § 6-7.501(p). Sample taking and analysis and the collection of other information shall be performed with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions. (r) The City shall perform a special investigation for user's with repeated violations of their discharge limit to identify and access the noncompliance problems and the required corrective actions. This inspection includes a comprehensive onsite evaluation of the adequacy of the pretreatment system, and the user's waste management practices, manufacturing processes, and waste generating sources. (s) The City shall perform a comprehensive inspection prior to the issuance of an initial permit or the renewal of a user wastewater discharge permit. It provides a detailed compliance check as well as information needed to issue an initial permit or to re-evaluate an expiring permit. These inspections include evaluation of the manufacturing process and pretreatment equipment, review of hazardous waste manifests and other disposal documents, compliance evaluation, measurement of industrial wastewater flows, field testing of wastewater, and a review of applicable regulations. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 17, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3190, eff. October 7, 2021)

The City may require reports for self-monitoring of wastewater constituents and characteristics of the discharger needed for determining compliance with any limitation, or requirements as specified in the user's permit, federal regulations, or this chapter. These reports include: (a) Solvent management plans as described in § 6-7.503; (b) Baseline monitoring reports (BMRs) as described in § 6-7.504; (c) Ninety (90) day compliance reports as described in § 6-7.505; (d) Compliance schedules; for the purpose of meeting federal, state, and local requirements the following conditions shall apply to the schedule required by 40 CFR 403.12(b)(7): (1) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.); (2) No increment referred to in paragraph (d)(1) of this section shall exceed nine (9) months; and (3) Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Administrator including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction

to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the Administrator. (e) Progress reports; (1) Report on compliance with categorical pretreatment standard deadline. Within ninty (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 and pretreatment requirements shall submit to the Administrator a report containing the information described in paragraphs 40 CFR 403(b)(4)-(6). For industrial users subject to equivalent mass or concentration limits established by the Administrator in accordance with the procedures in § 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. (f) Slug discharge control plans as described in § 6-7.506; (g) Periodic reports on continued compliance; (1) All SIUs must, at a frequency determined by the Administrator submit no less than twice per year (July and January) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Administrator or the pretreatment standard necessary to determine the compliance status of the user; (2) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. (3) If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Administrator, using the procedures prescribed in 40 CFR Part 136 and amendments thereto, otherwise approved by EPA, or as specified in this permit, the results of such monitoring shall be included in any calculations of actual daily maximum or annual average daily pollutant discharge concentrations, and annual average daily discharge volume, and the results shall be reported in the monitoring report submitted to the City. Such increased monitoring frequency shall also be indicated in the user's self- monitoring report(s). (4) In addition to the foregoing, the industrial user shall provide all applicable reports described in the Code of Federal Regulations at 40 CFR 403.12, including, but not limited to: compliance schedules for meeting categorical pretreatment standards, compliance schedule progress reports, reports on compliance with categorical pretreatment standard deadlines, and final compliance reports. (5) All industrial users shall notify the Administrator thirty (30) days in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p). (i) The Administrator may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application per § 6-7.302. (ii) The Administrator may issue an individual wastewater discharge permit under § 6-7.301 of this chapter or modify an existing wastewater discharge permit under § 6-7.305 of this chapter in response to changed conditions or anticipated changed conditions. (6) All periodic reports must be signed and certified in accordance with § 6-7.510 of this chapter.

(h) Notification of the discharge of hazardous waste; (1) The industrial user shall notify the Administrator, the IEUA, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the sewerage system and POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must satisfy the requirements set forth at 40 CFR 403.12(p). (i) Bypass notification; (1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the City Administrator and General Manager of IEUA, at least ten (10) days before the date of the bypass, if possible. (2) A user shall submit oral notice to the City Administrator and General Manager of IEUA of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. The City Administrator and General Manager of IEUA may waive the written report on a case-by-case basis of the oral report has been received within twenty-four (24) hours. (3) Notification provided shall not relieve the user of liability for any expense, loss, damage, or other liability which may be incurred as a result of damage or loss to the City or IEUA or any other damage or loss to person or property; nor shall such notifications relieve the user of any fines, penalties, or other liability which may be imposed under this ordinance or other applicable law. (j) Other reports as required by the City or IEUA. (1) Quarterly pretreatment program report. A quarterly pretreatment program report is required by the twentieth calendar day following the end of each of the quarterly reporting periods specified in the Agency's waste discharge requirements. Quarterly reports must include at a minimum all self-monitoring data from SIUSs, including any City monitoring data collected for SIU compliance determination, summary of SIU inspection records, and a summary of the City's SIU compliance history. (2) Annual pretreatment program reports. An annual pretreatment program report is required by the sixtieth calendar day following the end of each annual reporting period specified in the Agency's waste discharge requirements. (k) The City shall receive and analyze self-monitoring reports and other notices submitted by industrial users in accordance with the self-monitoring requirements in 40 CFR 403.12. (l) The City shall obtain remedies for noncompliance by any industrial user in accordance with § 6-7.610. (m) The City shall enforce pretreatment requirements in accordance with § 6-7.610 of this chapter. Such pretreatment requirements include but are not limited to, the duty to allow or carry out inspections, entry, or monitoring activities; any rules, regulations, or orders issued by the Administrator; any requirements set forth in control mechanisms issued by the Administrator; or any reporting requirements imposed by the City or these regulations in this part. (n) The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its pretreatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the pretreatment facility is reduced, lost or fails. (o) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of 40 CFR 403.16(c) are met. In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset as defined in § 6-7.106(yyyy) shall have the burden of proof.

(1) The industrial user is required to report an upset to the Administrator within twenty-four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five (5) days. (p) Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 18, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3190, eff. October 7, 2021)

(a) Except where other alternative categorical monitoring requirements apply, a user who is required to monitor for TTO or prohibited organics may submit the following written and signed certification in lieu of monitoring for such toxic and prohibited organics: "Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for Total Toxic Organics (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 Discharge monitoring report. I further certify that this facility is implementing the solvent management plan submitted to the City." In requesting that no monitoring be required, industrial users of POTWs shall submit a total toxic organics/solvent management plan that specifies to the City's satisfaction the toxic and prohibited organic compounds used; the method of disposal used instead of dumping, such as reclamation, contract hauling, or incineration; and procedures for assuring that toxic and prohibited organics do not routinely spill or leak into the sewerage system. (b) An updated SMP shall be submitted by the user with the first monitoring report of the year. The SMP certification statement shall be submitted by the user with each monitoring report during the year. (c) The user requesting the certification alternative shall monitor for only those toxic and prohibited organic compounds, which would reasonably be expected to be discharged to the public sewer. (d) The SMP is subject to approval in writing by the Administrator. (e) Any user with an approved SMP shall still be monitored for compliance with the TTO standard by the City. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021)

Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the sewerage system and POTW shall submit to the Administrator a baseline monitoring reports (BMRs), containing information as stipulated in 40 CFR 403.12(b). At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Administrator a baseline monitoring report (BMR), containing information as stipulated in 40 CFR 403.12(b). A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of the information requested in 40 CFR 403.12 paragraphs (b)(4) and (5). (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021)

Ninety (90) Day Compliance Reports are required of significant industrial users following the date for final compliance with an applicable categorical standard or for new sources, following commencement of wastewater discharge. Ninety (90) Day Compliance Reports must contain information stipulated in 40 CFR 403.12(b)(4-6). (§ 3, Ord. 2755, eff. April 4, 2002)

Sec 6-7.506. Slug discharge control plan.

Upon written notification by the Administrator, the user shall submit a Slug Discharge Control Plan. The plan shall be updated every two (2) years and shall contain at a minimum, the following: (a) A description of discharge practices, including non-routine batch discharges; (b) A description of stored chemicals; (c) Procedures for immediately notifying the City of any accidental or slug discharge, as required by § 6-7.509; and (d) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to; inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment or emergency response. (§ 3, Ord. 2755, eff. April 4, 2002)

Sec 6-7.507. Periodic reports on continued compliance.

The City of Ontario may require reports for self- monitoring of wastewater constituents and characteristics of the discharger needed for determining compliance with any limitation, or requirements as specified in the user's permit, Federal regulations, or this chapter. Monitoring reports of the analyses of wastewater constituents and characteristics shall be in a manner and form approved by the City and shall be submitted upon request of the City. When applicable, the self-monitoring requirements and frequency of reporting shall be set forth in the user's permit. All sample analyses must follow the requirements set forth in 40 CFR 136. The analyses of wastewater constituents and characteristics and the preparation of the monitoring report shall be at the sole expense of the user. Failure by the user to perform any required monitoring and/or submit monitoring reports required by the City shall be a violation of this chapter, may result in a determination that the user is in significant non-compliance, and be cause for the City to initiate all necessary tasks and analyses to determine the wastewater constituents and characteristics for any limitations and requirements specified in the user's permit or in this chapter. The user shall be responsible for any and all expenses of the City in undertaking such monitoring analyses and preparation of reports. (§ 3, Ord. 2755, eff. April 4, 2002)

A user may be required, pursuant to Cal. Water Code § 13263.3, to implement a pollution prevention plan if any of the following apply: (a) A user is determined to be a chronic violator or the State Board, Regional Board, or the City determines that pollution prevention could assist in achieving compliance; (b) A user significantly contributes, or has the potential to significantly contribute, to the creation of a toxic hot spot as defined in Cal. Water Code § 13391.5; (c) The State Board, a Regional Board, or a POTW determines pollution prevention is necessary to achieve a water quality objective. (d) A Pollution Prevention Plan shall include all of the following:

(1) An analysis of one (1) or more of the pollutants, as directed by the State Board, a Regional Board, the City, or IEUA, that the user discharges into the sewerage system, a description of the sources of the pollutants, and a comprehensive review of the processes used by the user that result in the generation and discharge of the pollutants; (2) An analysis of the potential for pollution prevention to reduce the generation of the pollutants, including the application of innovative and alternative technologies and any adverse environmental impacts resulting from the use of those methods; (3) A detailed description of the tasks and time schedules required to investigate and implement various elements of pollution prevention techniques; (4) A statement of the user's pollution prevention goals and strategies, including priorities for short-term and long-term action; (5) A description of the user's existing pollution prevention methods; (6) A statement that the user's existing and planned pollution prevention strategies do not constitute media pollution transfers unless clear environmental benefits of such an approach are identified to the satisfaction of the State Board, the Regional Board, the City, or IEUA and information that supports that statement; (7) Proof of compliance with the Hazardous Waste Source Reduction and Management Review Act of 1989 (Article 11.9 (commencing with § 258244.12 of Chapter 6.5 of Division 20 of the Cal. Health & Safety Code) if the user is also subject to that Act; (8) An analysis, to the extent feasible, of the relative costs and benefits of the possible pollution prevention activities; (9) A specification of, and rationale for, the technically feasible and economically practicable pollution prevention measures selected by the discharger for implementation. (e) The State Board, a Regional Board, the City or IEUA may require the user subject to a pollution prevention plan to comply with the pollution prevention plan developed by the user after providing the opportunity for comment at a public proceeding with regard to that plan and also to comply with other requirements of the Clean Water Enforcement and Pollution Prevention Act of 1999. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 19, Ord. 2816, eff. December 1, 2005)

(a) Accidental discharge. (1) In the event the user is unable to comply with any of the permit conditions due to a breakdown of equipment, accidents caused by human error or acts of God, or the discharge will exceed the discharge limitations in the permit, the user shall notify the City and IEUA by immediately telephoning as soon as the user has knowledge of the incident: City of Ontario: Utilities (909)395-2678 Monday-Friday 8:00 a.m. to 5:00 p.m. Fire (909) 983-5911 All other hours. Inland Empire Utilities Agency: POTW (909) 947-4131 Anytime. (2) The user shall confirm the notification in writing as soon as possible, but no later than five (5) working days from the telephone notification. Written notification shall state the date of the incident, reasons for the discharge or spill, steps that were taken to immediately correct the problem, and steps being taken to prevent the problem from recurring. (3) Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the IEUA and/or the City or any other damage or loss to user or property; nor shall such notification relieve the user of any fees or other liability which may be imposed by this chapter or other applicable law.

(4) A notice shall be permanently posted on the user's employee bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge, spill or slug loading. Users shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure. (b) Change to discharge. All users shall notify the City before making substantial changes to their process wastewater discharges. Substantial changes include: (1) Operational flows, changes of + 20%; (2) Pollutant loadings, changes of + 20%; (3) Changes in the characteristics of their process flows; (4) On-site plumbing; or (5) Pretreatment procedures and/or facilities. All users shall notify the City a minimum of thirty (30) days prior to any planned changes. Upon notification, the Administrator may require that a new application be filed and a new permit obtained before discharging any waste involving the changed characteristics. (c) Discontinued discharge. (1) The user shall notify the Administrator at least ten (10) days prior to discontinuing its industrial wastewater discharge for more than thirty (30) days unless the user can demonstrate to the Administrator that it could not have known of the discontinued discharge. (2) Within thirty (30) days of the discontinued discharge, the user shall remove the contents of all on-site sewers, sumps, floor drains, wastewater storage tanks, and/or pretreatment facilities in accordance with all applicable regulations. The contents shall not be discharged to the public sewer without prior written approval from the Administrator. (3) If the user fails to clean up and remove the contents of its facilities to the satisfaction of the Administrator, such activities and the costs thereof shall also become the responsibility of the owner of the building and/or land. (4) Failure of the user or the owner to promptly and satisfactorily clean up and remove the contents of all on-site sewers, sumps, floor drains, wastewater storage tanks, and/or pretreatment facilities shall subject the user and the owner of the building and/or land to any enforcement action authorized in this chapter. (d) Hazardous waste discharge. (1) The user shall notify the Administrator, the IEUA, the EPA Regional Waste Management Division Director, and State Hazardous Waste authorities in writing of any discharge into the sewerage system of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. (2) Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). (3) If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the sewerage system, the notification shall also contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. (4) Any notification under this chapter must be submitted only once for each hazardous waste discharged. Discharges are exempt from the requirements of subsection (a) of this section during a calendar month in which the discharge is no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharges of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

(5) In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the user must notify the Administrator, the IEUA, the EPA Regional Waste Management Division Director, and State Hazardous Waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations. (6) In the case of any notification made under this chapter, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes. (7) The notification requirement in this section does not apply to pollutants already reported under the self- monitoring requirements of 40 CFR 403.12(b), (d), and (e). (e) Bypass. Bypass of industrial wastewater to the City sewerage system is prohibited. The City may take enforcement action against a user, unless the permittee submitted notices as required by § 6-7.509 or met conditions as specified in § 6-7.210. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 19, Ord. 2816, eff. December 1, 2005)

All permit applications and reports required by this chapter under § 6-7.302 and Article 5 or 40 CFR 403.12(1)(1-4) shall be signed by an authorized representative of the user. Any user signing such documents shall make the following certification in writing. "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, to the best of my knowledge and belief, 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." (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021)

(a) Each user subject to the Federal Pretreatment Requirements, or the provisions of this chapter, shall retain records on-site for all waste and wastewater generated, operation and maintenance logs for pretreatment systems, and industrial wastewater monitoring results for a minimum period of four (4) years. Said records shall be made available for inspection and copying by the Administrator at any time. During the course of litigation regarding the user, the City of Ontario, or IEUA, the period of retention shall be extended until the subject of litigation is resolved. (b) Information resulting from monitoring activities (including self-monitoring) required by said regulations shall include the following: (1) Detailed description of the sample location; (2) Dates and times during which the sample was taken; (3) Method of sampling used, i.e. grab or composite; (4) Name of the person who collected the sample; (5) Date of the analysis; (6) Identity and address of the laboratory who performed the analysis; (7) Analytical method used and its detection limit; (8) Quality control and quality assurance data associated with the batch of samples tested for the parameters analyzed;

(9) Results of the analysis; (10) Chain-of-custody form; and (11) Any documentation required with the applicable best management practices. (c) Hauling records for waste and wastewater generated on-site shall include, at a minimum, the following information: (1) Volume and a description of the waste hauled; (2) Date the waste was hauled; (3) Name and address of the hauler; (4) Name and address of the facility receiving the waste or wastewater; and (5) Manifest number. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 20, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3190, eff. October 7, 2021)

(a) The Administrator shall maintain a data filing system in compliance with public information and confidentiality records and provide for the proper handling and filing of records and reports for the general administration of the pretreatment program. (b) Any information in a user's file, which includes, but is not limited to, permits, permit applications, questionnaires, inspection reports and monitoring reports shall be available to the public or other governmental agency without restriction. (c) Any request for public access to a user's file shall be in writing and shall include: (1) Date of the review; (2) Name and title of the reviewer; (3) Reviewer's business name, address and telephone number; (4) List of files to be reviewed; and (5) Reason for review. (i) A copy of the written request to review a user's file may be sent by the Administrator to such a user. The Administrator may require an observer to be present while any file is being reviewed. The Administrator may also require that the reviewer furnish his or her own copying devices and/or supplies. (d) If the disclosure of the user's file or a portion thereof would divulge trade secrets or secret processes, the user shall have the right to request that such information be kept confidential. Any such claim must be made at the time of submittal of the information by marking the submittal "confidential business information" on each page containing such information. The Administrator shall not consider any wastewater constituents and characteristics to be confidential information. (e) Information which is demonstrated to be confidential shall not be transmitted to anyone other than a governmental agency bound by the confidentiality requirements of 40 CFR Part 2, for uses related to this chapter, the IEUA NPDES permit, state disposal system permit and/or the pretreatment program, and for use by the state or federal agency in judicial review or enforcement proceedings involving the user. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021)

Users or occupants of a premises where wastewater is created, conveyed, treated, or discharged shall allow the Administrator, or his or her representatives, having presented proper credentials, reasonable access to all parts of the

wastewater generating and disposal facilities for the purposes of inspection, sampling, monitoring, reviewing or copying records, photographing, videotaping, or recording during all times that the discharger's facility is open, operating, or any other reasonable time. No user shall interfere with, delay, resist or refuse entrance to authorized City or IEUA personnel attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the City's sewerage system. If the Administrator has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as a part of a routine inspection and sampling program designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, the Administrator may seek issuance of a search warrant from a court of competent jurisdiction. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 21, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3190 , eff. October 7, 2021)

Article 6. Enforcement

(a) Any user who has violated or continues to violate federal pretreatment standards or requirements, this chapter, an industrial wastewater permit, or any prohibition, limitation, or requirement contained herein, is subject to enforcement actions administratively or judicially by the City, EPA, State of California Regional Water Quality Control Board, or the County of San Bernardino District Attorney. Said actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: the Clean Water Act, the Resource Conservation and Recovery Act, the California Porter-Cologne Water Quality Act, and the California Hazardous Waste Control Law. (b) The Council finds that in order for the City to comply with such laws, and regulations, and to ensure that the City's facilities and the POTW are protected and are able to operate with the highest degree of efficiency, and to protect public health and the environment, specific enforcement provisions must be adopted to govern the discharges of wastewater into the sewerage system. (c) The City and IEUA, at its discretion, may utilize any one, combination or all enforcement remedies provided in Article 6 in response to any permit or violation of this chapter. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 22, Ord. 2816, eff. December 1, 2005)

(a) Sampling procedures. (1) Sampling of all permittees shall be conducted in the time, place, manner, and frequency determined at the discretion of the City. (2) Non-compliance with mass emission rate limits, concentration limits, permit discharge conditions, or any discharge provision of this chapter may be determined by an analysis of a grab or composite sample of the effluent of a user. Non- compliance with mass emission rate limits shall be determined by an analysis of a composite sample of the user's effluent. A grab sample may be used to determine compliance with mass emission rate limits when the discharge is from a closed (batch) treatment system in which there is: no wastewater flow into the system when the discharge is occurring, the volume of wastewater contained in the batch system is known, the time interval of discharge is known, and the grab sample is homogeneous and representative of the discharge. (3) Any sample taken from a sample point is considered to be representative of the discharge to the sewerage system.

(b) Permit, agreements, and administrative orders provisions. (1) Non-compliance with a permit condition, Compliance Agreement, or Cease and Desist Order compliance deadline shall be determined by whether the user or permittee has submitted the required information, or completed the required action (such as installing and operating a pretreatment system that is discharging effluent and meeting the permitted discharge limits) by the date and/or time specified. (2) The user or permittee may request in writing by certified mail, an extension to a deadline to meet a compliance deadline. At a minimum, the request shall specify the reasons for not meeting the deadline, what actions are now being taken to accomplish the requirement, and the new date by which the user will complete the requirement. (3) It the discretion of the Administrator, the request may be granted and the user notified in writing of the new compliance deadline. If the Administrator does not provide notification by the original compliance date in the permit, Compliance Agreement, or Cease and Desist Order, then the original date shall stand as the compliance date. (c) Fees, surcharges, or penalties. A user shall be in non-compliance with the chapter and their permit, if connection fees, sewer surcharge fees, penalties, non-compliance fees, administrative fees, bond guaranty or other monies owed to the City for sewer services are not paid within the time specified on the bill or in the permit, Compliance Agreement, or other enforcement agreement. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 22, Ord. 2816, eff. December 1, 2005)

(a) Non-compliance with discharge requirements of this chapter or the user's industrial wastewater permit [may] be determined by an analysis or a grab or composite sample of the user's discharge to the sewerage system. Sampling of a user's wastewater shall be conducted in the time, manner, and frequency determined at the discretion of the Administrator. (b) A user is in violation of a separate offense for every day during which any violation of any provision of this chapter is committed, continued, or permitted by the user. (c) Such user may be subject to administrative and/or legal actions, and shall pay to the City non-compliance fees as established by this section, to recover all costs incurred by the City and IEUA in performing inspections, sampling, and analysis of the user's wastewater, processing Notices of Violation, and conducting enforcement actions. For a discharge violation, non-compliance fees shall continue to accumulate for each day sampled. (1) The user shall pay a minimum of One Hundred Dollars ($100.00) for the first confirmed occurrence of a violation within one (1) year. (2) The user shall pay a minimum of Two Hundred Dollars ($200.00) for the second occurrence of the same violation within one (1) year. (3) After the second occurrence of the same violation within one (1) year, the user shall pay a minimum of Five Hundred Dollars ($500.00) for each additional occurrence of such violation. (4) The user shall pay a minimum of One Thousand Dollars ($1,000) for any violation or a Show Cause Order, Compliance Agreement, or a Cease and Desist Order. (d) Any user shall be assessed a mandatory minimum penalty of Three Thousand Dollars ($3,000) pursuant to Cal. Water Code § 13362 for each violation if any of the following applies: (1) There is a serious violation within any six (6) month period; (2) A user commits two (2) or more serious violations in any six (6) month period; or (3) A user does any of the following four (4) or more times in any six (6) month period: (i) Exceeds a waste discharge effluent limitation; (ii) Fails to file a report pursuant to Cal. Water Code § 13260; (iii) Files an incomplete report pursuant to Cal. Water Code § 13260; or

(iv) Exceeds a toxicity discharge limitation where the waste discharge requirements do not contain pollutant- specific effluent limitations for toxic pollutants. (e) The user shall pay a minimum of Fifty Dollars ($50.00) per calendar day for non-compliance with the submittal date for a compliance schedule, progress report, or any monitoring or technical report as established in this chapter, the user's industrial wastewater permit, or in a written request by the Administrator. The Administrator shall allow a reasonable amount of time for the user to submit any required monitoring or technical reports. (f) The payment of non-compliance fees shall not limit the City, IEUA or any other regulatory agency, from undertaking any administrative and/or legal action. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 22, Ord. 2816, eff. December 1, 2005)

(a) Whenever the Administrator finds that a user has violated Federal Categorical Pretreatment Standards or pretreatment requirements of this chapter, an industrial wastewater permit, an order issued hereunder, or any prohibition, limitation, or requirement contained herein, the Administrator shall serve upon said user a verbal or written notice, depending on the severity of the infraction, stating the nature of the violation and the penalties for continued non-compliance. (b) Whenever the user receives a notice of violation, such user shall submit to the Administrator, within ten (10) days from the date of the notice, a written explanation of the cause of the violation and the corrective actions which have been taken to prevent recurrence of such violation. In the case of a violation of a discharge limit, the user shall repeat the sampling weekly, test for each constituent in violation, and submit the test results to the Administrator within thirty (30) days from the date of the notice until such time that the discharge shows compliance with the discharge limit. (c) If the user fails to correct a violation within forty-five (45) days from the date of the notice, requires additional time to correct all conditions to bring the discharge violation into compliance, or a discharge violation has occurred more than once within a one (1) year period, the user shall submit a compliance schedule within sixty (60) days of the initial violation. (d) Unless otherwise provided herein or in expressly permitted in the ERP, any notice under this chapter shall be in writing and served on the user or by certified mail. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service. Any time limit provided in any written notice or in any provision of this chapter shall be extended only by a written direction of the Administrator. (e) The Administrator or the Inland Empire Utilities Agency (IEUA) shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the IEUA, a list of the users which at any time during the previous twelve (12) months, were in significant non-compliance with applicable pretreatment standards and pretreatment requirements. The term significant non-compliance shall be applicable to all significant industrial users (or any other industrial user that violates paragraphs (3),( 4), or (8) of § 6-7.106(mmmm) as defined in § 6-7.106(mmmm). (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021)

(a) The Administrator may issue a Show Cause Order requiring the user who causes or contributes to a violation of this chapter, or any order, agreement, or permit issued hereunder, to appear at the City's offices at the date and time specified in the Order to Show Cause to the Administrator as to why more severe enforcement actions and/or criminal and/or civil actions should not be taken.

(b) The order shall be served on the user and shall specify the proposed enforcement action, the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 (ten) days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified user appears as noticed, immediate enforcement action may be pursued. (§ 3, Ord. 2755, eff. April 4, 2002)

(a) Upon finding that a user will need to install pretreatment equipment to bring the discharge into compliance with this section or industrial discharge permit limits, need additional Operation and Maintenance personnel and/or procedures to meet a categorical standard, or need to construct facilities to meet the City's pretreatment requirements or to correct a recurring violation of any local discharge limitation, the Administrator may require that a Compliance Schedule, agreed upon in advance by the user and the City, be issued to the user. (b) The Compliance Agreement may contain terms and conditions including, but not limited to, installation of pretreatment equipment and facilities, submittal of drawings, technical reports and/or progress reports, payment of fees, posting of a performance bond, limits on the rate and time of discharge, additional self-monitoring requirements, a compliance schedule, or other provisions to ensure compliance with this chapter. The schedule shall contain milestones of progress in the form of dates for the commencement and completion of major events leading to design, construction, and operation of the pretreatment facility of similar structure. Each increment in the Compliance Schedule is subject to review and approval by the Administrator. No Compliance Schedule increment shall exceed nine (9) months. (c) The user shall submit a progress report to the Administrator following each milestone in the schedule. Each report shall be submitted no later than fourteen (14) days following each milestone in the Compliance Schedule. The report shall include whether or not the user achieved the milestones on their date and, if not, the date on which the user expects to complete the milestone, the reason for delay, and the steps taken by the user to meet the established schedule. (d) The Administrator may extend the Compliance Schedule for an additional period of time, provided that the user shows good cause, including, but not limited to, reasonable progress under the terms of the Compliance Schedule. A Compliance Schedule shall not extend beyond any applicable Federal deadlines. (§ 3, Ord. 2755, eff. April 4, 2002)

(a) A Cease and Desist Order shall direct a user to cease and desist all discharge violations, to comply immediately with all discharge requirements and to take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened discharge violation, including halting operations and/or terminating the discharge. (b) The user shall pay a minimum of One Thousand Dollars ($1,000) for any violation of a Cease and Desist Order. (§ 3, Ord. 2755, eff. April 4, 2002)

The Administrator may issue a permit suspension or revocation order, whereby the user must comply with all directives, conditions and requirements therein within the time prescribed. The suspension or revocation order shall

contain terms and conditions to ensure compliance with this chapter. The Administrator will determine if suspension or revocation is the appropriate response depending on the severity of the violation. (a) Grounds. The Administrator may revoke an industrial wastewater permit when it is determined that a user: (1) Fails to comply with the terms and conditions of an industrial wastewater permit, any provision of this chapter, an administrative order, or a compliance agreement; (2) Knowingly provides a false statement, representation, record, report, or document to the City; (3) Falsifies, tampers with, or knowingly renders inaccurate any monitoring and/or sampling device; (4) Fails to report changes in ownership and operations which result in significant changes in quantity or quality of the user's wastewater; (5) Fails to submit oral notice or a written report of bypass occurrence; (6) Discharges wastewater that causes an upset, interference, or a pass through at the POTW or with the City's collection system; (7) Discharges to the sewerage system in violation of a cease and desist order; (8) Refuses reasonable access to the user's premises for the purpose of inspection and monitoring; (9) Does not make timely payment of all amounts owed to the City for user charges, non- compliance fees, or any other fees; (10) Discharges a slug load to the sewerage system; or (11) Refuses to provide records, drawings, reports, or other documents required by the City to determine permit terms and conditions, or limits, discharge compliance, or compliance with this chapter. (b) Notice of hearing. When the Administrator has reason to believe that grounds exist for permit revocation, he or she shall give written notice thereof by personal delivery or by certified mail to the user setting forth a statement of the facts and grounds deemed to exist, together with the time and place where the charges shall be heard by the Administrator. The hearing date shall not be less than fifteen (15) calendar days or more than forty-five (45) calendar days after mailing of such notice. (1) At the revocation hearing, the user shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The revocation hearing shall be conducted in accordance with procedures established by the Department of Public Works (DPW) and approved by the City Council. (2) After the conclusion of the hearing, the Administrator shall make his or her determination and submit a written report to the DPW setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation. Upon receipt of the written report, the Administrator shall make his or her determination and should he or she find that grounds exist for permanent revocation of the permit, he or she shall issue his or her decision and order in writing within thirty (30) calendar days after the conclusion of the hearing by his or her designee. The written decision and order of the Administrator shall be sent by certified mail to the permittee or its legal counsel/representative at the permittee's business address. (3) In the event the Administrator determines to not revoke the permit, he or she may order other enforcement actions, including, but not limited to, a temporary suspension of the permit, under terms and conditions that he or she deems appropriate. (c) Effect. (1) Upon an order of revocation by the Administrator becoming final, the user shall have no right to discharge any non-domestic wastewater or sanitary wastes (whichever applies) directly or indirectly to the City sewerage system for the duration of the revocation. All costs for physically terminating and reinstating service shall be paid by the user. (2) Any owner or responsible management employee of the user shall be bound by the order of revocation. An order of permit revocation issued by the Administrator shall be deemed final in all respects upon delivery to the

applicant or user unless a request for hearing is filed with the City Council pursuant to § 1-4.01 of Chapter 4 of Title 1 of the Ontario Municipal Code. (3) Any future application for a permit at any location within the City by any user subject to an order of revocation will be considered by the Administrator after fully reviewing the records of the revoked permit. Such records may be the basis for denial of a new permit. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190 , eff. October 7, 2021)

Whenever a user has engaged in, is engaged in, or is about to engage in any acts or practices which constitute or will constitute a violation of this chapter, the user's industrial wastewater permit, or any pretreatment regulation, the City or IEUA may petition the Superior Court for the issuance of a preliminary or permanent injunction, restraining order, or other appropriate order may be granted upon a showing that the user(s) engaged in, is engaged in, or is about to engage in the challenged acts or practices. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 23, Ord. 2816, eff. December 1, 2005)

(a) Authority. All users of the City of Ontario sewerage system are subject to enforcement actions administratively or judicially by the City of Ontario, IEUA, U.S. EPA, the State of California Regional Water Quality Control Board, or the City Attorney. Said actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C. 1251 et seq.); California Porter-Cologne Water Quality Act (Cal. Water Code §§ 13000 et seq.); (2) California Hazardous Waste Control Law (Cal. Health & Safety Code §§ 25100 to 25250); and (3) Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.). (b) Recovery of fines or penalties. In the event the City of Ontario is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits or IEUA's permits, and said violation can be established by the City as caused by or contributed to by the discharge of any user of the City sewerage system which is in violation of any provision of this chapter or the user's permit, the City shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of said fines, penalties, and damages to which it has been subjected. (c) Penalties for violations. (1) Administrative complaints and penalties. In addition to any other remedy or proceeding available under this chapter, or any other law, pursuant to Cal. Gov't Code §§ 54739 and 54740.5, the Administrator may issue an administrative complaint to any user who violates this chapter, any permit condition, prohibition or effluent limitation, or any suspension or revocation order. The administrative complaint shall allege the act or failure to act that constitutes the violation, the proposed civil penalty, and the authority under which it is imposed. (2) The administrative complaint, served on the alleged violator by personal delivery or by certified mail, shall inform the user served that a hearing before the Administrator shall be conducted within sixty (60) days of the service of the complaint. The right to a hearing may be waived by the user who issued the administrative complaint. (3) After the conclusion of the hearing, the Administrator shall make his or her determination and shall issue his decision and order within thirty (30) calendar days of the hearing. The written decision and order of the Administrator shall be sent by personal delivery or by certified mail to the user.

(4) The order of the Administrator shall be final in all aspects fourteen (14) days after it is mailed to the user unless a request for hearing is filed with the City Council pursuant to § 1-4.01 of Chapter 4 of Title 1 of the Ontario Municipal Code. If after the hearing it is found that the user violated reporting or discharge requirements, the Administrator may assess a civil penalty. Unless appealed, an order imposing administrative civil penalties shall become effective upon issuance, and payment shall become due within thirty (30) days of issuance of an invoice by the City of Ontario. (5) Civil penalties may be assessed as follows: (i) In an amount which shall not exceed Two Thousand Dollars ($2,000) for each day for failing or refusing to furnish technical or monitoring reports; (ii) In an amount which shall not exceed Three Thousand Dollars ($3,000) for each day for failing or refusing to timely comply with any compliance schedule established by the City; (iii) In an amount which shall not exceed Five Thousand Dollars ($5,000) per violation for each day of discharge in violation of any discharge limitation, permit condition, or requirement issued, reissued or adopted by the City; (vi) In an amount which shall not exceed Ten Dollars ($10.00) per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued or adopted by the City. In determining the amount of the penalty, the City shall take into consideration all relevant circumstances including, but not limited to, the extent of harm caused by the violation, the economic benefit derived by non- compliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, taken by the user. Each day, or any portion thereof, during which a violation occurs or continues is a separate violation for which the maximum daily penalty may be assessed. (6) Copies of the administrative order setting civil penalties shall be sent to the user either by personal delivery or by certified mail. (7) Any user aggrieved by a final order issued by the City Council pursuant to this section, may obtain a review of the order in the Superior Court by filing a petition for writ of mandate within thirty (30) days following the service of a copy of such order. (8) Unless appealed, payment on any administrative order setting civil penalties shall be made within thirty (30) days of the date the order becomes final. (9) All monies collected under this section shall be deposited in a special account of the City, and shall be made available for monitoring and control of discharges into the public sewer and for other enforcement and mitigation measures. (10) Any fines or charges imposed on the City by a regulatory agency as a result of a user's violation of any provisions of this chapter shall be an additional sewer charge to that user. (§ 3, Ord. 2755, eff. April 4, 2002)

Any user who willfully violates any provision of this chapter, administrative order, or industrial wastewater permit condition, is guilty of a misdemeanor, which upon conviction is punishable by a fine of not less than One Thousand Dollars ($1,000) or by imprisonment in the County Jail for not more than six (6) months or by both. Each day a violation occurs shall constitute a new and separate violation of this chapter and shall be subject to the penalties contained herein. (§ 3, Ord. 2755, eff. April 4, 2002)

(a) Pursuant to § 1-4.01 of Chapter 4 of Title 1 of the Ontario Municipal Code, any user, affected by any decision, action or determination made by Administrator, may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal, setting forth grounds thereof. The appellant shall file such notice within fourteen (14) days after receipt of the notice of the administrative decision concerned. (b) The order of the City Council shall be deemed final upon its adoption. (c) If the user fails to appeal to the City Council, or the City Council fails to reverse or modify the administrative decision, the Administrator's administrative decision shall be deemed final. (§ 3, Ord. 2755, eff. April 4, 2002)

The Administrator shall have full power and authority to take any necessary precautions including, but not limited to; decontamination, sewer closure, packaging, diking, and transportation of materials, in order to protect life, protect property, or prevent further damage resulting from a condition that is likely to result in a discharge which presents an imminent hazard to the public's health, safety or welfare; or which either individually or by interaction with other discharges, is an imminent hazard to the City's sewerage facilities; or which places the regional treatment plant in violation of its NPDES permit. In the pursuit of such an operation, City personnel, any party contracting with the City, or duly authorized representative of another government agency shall have immediate access to the premises. The Administrator may prohibit approach to the scene of such emergency by any user, vehicle, vessel or thing, and all users not actually employed in the extinguishing of the condition or the preservation of lives and property in the vicinity thereof. The Administrator or an authorized designee may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of the community, the operation of the POTW, causes or contributes to a violation of IEUA's NPDES permit, or which presents, or may present, an endangerment to the environment. Failure to comply with the emergency suspension order may lead to termination of service. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190 , eff. October 7, 2021)

The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of the City, and no remedy under this chapter shall preclude the City from obtaining additional relief based upon the same facts. (§ 3, Ord. 2755, eff. April 4, 2002)

The City, by order of the Administrator, may physically terminate sewerage service to any property as follows: (a) Upon any order of emergency suspension or revocation of a permit; or (b) Upon the failure of a user not holding a valid discharge permit to immediately cease discharge, whether direct or indirect, to the City’s sewerage facilities. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 6, Ord. 2945, eff. January 6, 2012)

Discharge of wastewater in any manner in violation of this chapter or of any order issued by the Administrator, as authorized by this chapter, is hereby declared a public nuisance and shall be corrected or abated as directed by the Administrator. Any user creating a public nuisance is guilty of a misdemeanor. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 7, Ord. 2945, eff. January 6, 2012)

In the event permittee fails to comply with any of the terms and conditions of the this chapter, a Compliance Agreement, a permit revocation, or a permit issued hereunder, the City and IEUA shall be entitled to reasonable attorney's fees and costs which may be incurred in order to enforce any of said terms and conditions, with or without filing proceedings in court. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 24, Ord. 2816, eff. December 1, 2005)

Any user who, by discharging wastewater, non-stormwater or by any other means, damages monitoring equipment, adversely affects wastewater treatment processes, significantly increases POTW operation costs, causes blockage, damage, upset, interference, or pass through at the POTW, or causes blockage shall be liable to the City for said damages and additional costs, including any fines or penalties, occasioned thereby. An administrative fee, which shall be fixed by the City Manager based on the City's current overhead cost allocation percentage and approved by the City Council, shall be added to these charges and shall be payable within thirty (30) days of invoicing by the City. (§ 3, Ord. 2755, eff. April 4, 2002)

(a) Compliance deposit. Permittees that have been subject to enforcement and/or collection proceedings may be required to deposit with the City an amount determined by the Administrator as necessary to guarantee payment to the District of all charges, fees, penalties, costs and expenses that may be incurred in the future, or as a condition to ensure compliance provisions of a Compliance Agreement, permit issuance after revocation, before permission is granted for further discharge to the sewer. (b) Delinquent accounts. The City may require an amendment to the permit of any permittee who fails to make payment in full of all fees and charges assessed by the City, including reconciliation amounts, delinquency penalties, and other costs or fees incurred by the user. (c) Bankruptcy. Every user filing any legal action in any court of competent jurisdiction, including the United States Bankruptcy Court, for purposes of discharging its financial debts or obligations or seeking court-ordered protection from its creditors, shall, within ten (10) days of filing such action, apply for and obtain the issuance of an amendment to its permit. (d) Permit amendments. The City shall review and examine the user's account to determine whether previously incurred fees and charges have been paid in accordance with time requirements prescribed by this chapter. The City and IEUA may thereafter issue an amendment to the user's permit in accordance with the provisions of Article 3 and subsection (e) of this section. (e) Security. An amendment to a waste discharge permit issued pursuant to subsections (c) and (d) of this section may be conditioned upon the user depositing financial security in an amount equal to said user's average total fees and charges for the two (2) prior calendar quarters. Said deposit shall be used to guarantee payment of all fees and charges incurred for future services and facilities furnished by City and shall not be used by the City to recover outstanding

fees and charges incurred prior to the user filing and receiving protection from creditors in the United States Bankruptcy Court. (f) Return of security. In the event the user makes payment in full within the time prescribed by this chapter of all fees and charges said user incurred over a period of two (2) years following the issuance of an amendment to the permit pursuant to subsections (c), (d) and (e) of this section, the City shall either return the security deposit posted by the user or credit their account. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 25, Ord. 2816, eff. December 1, 2005)

(a) General. Any user, permit applicant or permittee affected by any decision, action or determination made by the Administrator may file with the Administrator a written request for an appeal hearing. The request must be received by the City within fifteen (15) days of mailing of notice of the decision, action, or determination of the City to the appellant. The request for hearing shall set forth in detail all facts supporting the appellant’s request. (b) Notice. The Administrator shall, within fifteen (15) days of receiving the request for appeal, designate a representative to hear the appeal and provide written notice to the appellant of the hearing date, time and place. The hearing date shall not be more than thirty (30) days from the mailing of such notice by certified mail to the appellant unless a later date is agreed to by the appellant. If the hearing is not held within said time due to actions or in actions of the appellant, then the staff decision shall be deemed final. (c) Hearing. At the hearing, the appellant shall have the opportunity to present information supporting its position concerning the Administrator’s decision, action or determination. The hearing shall be conducted in accordance with procedures established by the Administrator and approved by the City Counsel. (d) Written determination. After the conclusion of the hearing, the representative shall submit a written report to the Administrator setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and recommendations whether to uphold, modify or reverse the Administrator’s original decision, action or determination. Upon receipt of the written report, the Administrator shall make his or her determination and shall issue his or her decision and order within thirty (30) calendar days of the hearing by his or her designee. The written decision and order of the Administrator shall be sent by certified mail to the appellant or its legal counsel/representative at the appellant’s business address. (e) The order of the Administrator shall be final in all respects on the sixteenth (16th) day after it is mailed to the appellant unless a request for hearing is filed with the City pursuant to § 1-4.01 of Chapter 4 of Title 1 of the Ontario Municipal Code, no later than 5:00 p.m. on the fifteenth (15th) day following such mailing. (f) Pursuant to § 1-4.01 of Chapter 4 of Title 1 of the Ontario Municipal Code, any user, affected by any decision, action or determination made by Administrator, may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal, setting forth grounds thereof. The appellant shall file such notice within fourteen (14) days after receipt of the notice of the administrative decision concerned. (g) The order of the City Council shall be deemed final upon its adoption. (h) If the user fails to appeal to the City Council, or the City Council fails to reverse or modify the administrative decision, the Administrator’s administrative decision shall be deemed final. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 8, Ord. 2945, eff. January 6, 2012)

(a) Purpose and effect. Pursuant to Cal. Code of Civil Procedure § 1094.6, the City hereby enacts this part to limit to ninety (90) days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus. (b) Definitions. As used in this section, the following terms and words shall have the following meanings: (1) “Complete record” shall mean and include the transcript, if any existing, of the proceedings, all pleadings, all notices and orders, any proposed decision by the Administrator, the final decision, all admitted exhibits, all rejected exhibits in the possession of the City or its offices or agents, all written evidence, and any other papers in the case. (2) “Decision” shall mean and include adjudicatory administrative decisions that are made after hearing, or after revoking, suspending, or denying an application for a permit or a license. (3) “Party” shall mean a user whose permit has been denied, suspended, or revoked. (c) Time limit for judicial review. Judicial review of any decision of the City or its officer or agent may be made pursuant to Cal. Code of Civil Procedure § 1094.5 only if the petition for writ or mandate is filed not later than the ninetieth (90th) day following the date in which the decision becomes final. If there is not provision for reconsideration in the procedures governing the proceedings or if the date is not otherwise specified, the decision if final on the date it is made. If there is provision for reconsideration, the decision is final upon the expiration of the period during which such reconsideration can be sought; provided that if reconsideration is sought pursuant to such provision to decision is final for the purposes of this section on the date that reconsideration is rejected. (d) Preparation of the record. The complete record of the proceedings shall be prepared by the City officer or agent who made the decision and shall be delivered to the petitioner within ninety (90) days after he or she has filed written request therefor. The City may recover from the petitioner its actual cost for transcribing or otherwise preparing the record. (e) Extension. If the petitioner files a request for the record within ten (10) days after the date the decision becomes final, the time within which a petition, pursuant to Cal. Code of Civil Procedure § 1094.5, may be filed shall be extended to not later than the thirtieth (30th) day following the date on which the record is either usually delivered or mailed to the petitioner or the petitioner’s attorney of record, if appropriate. (f) Notice. In making a final decision, the City shall provide notice to the party that the time within which judicial review must be sought is governed by Cal. Code of Civil Procedure § 1094.6. (g) Administrative civil penalties. Notwithstanding the foregoing, and pursuant to Cal. Gov’t Code § 54740.6, judicial review of an order of the Steering Committee imposing administrative civil penalties may be made only if the petition for writ of mandate is filed not later than the thirtieth (30th) day following the day on which the order of the Steering Committee becomes final. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 9, Ord. 2945, eff. January 6, 2012)

A user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in § 6-7.201(a) and the specific prohibitions listed in § 6-7.201(b) where the user can demonstrate that: (a) It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass through or interference; and (b) Either of the following depending on the purpose of the local limit; (1) A local limit designed to prevent pass through and/or interference, as the case may be, was developed in accordance with § 6-7.201(c) for each pollutant in the user's discharge that caused pass through or interference, and the user was in compliance with each such local limit directly prior to and during the pass through or interference; or

(2) If a local limit designed to prevent pass through and/or interference, as the case may be, has not been developed in accordance with § 6-7.201(c) for the pollutant(s) that caused the pass through or interference, the user's discharge directly prior to and during the pass through or interference did not change substantially in nature or constituents from the user's prior discharge activity when the POTW was regularly in compliance with the POTW's NPDES permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190 , eff. October 7, 2021)

Article 7. Schedule of Fees and Changes

(a) Every person whose premises in the City are served by a connection to the public sewer system whereby the sewage and/or industrial wastes are disposed of by the City through the regional sewage system, or otherwise, shall pay a sewer operation charge and any surcharge as established by § 6-7.703 of this chapter. (b) The charges provided for in § 6-7.703 shall be applicable only on premises to which a public sewer system main is connected. (c) The charges provided for in § 6-7.703 for any promise or property shall be collected with the charges and rates for water services furnished by the City to such premises. Such charges shall be billed upon the same bill as prepared for charges for water services and shall be due and payable monthly at the same time such charges for water services are due and payable. The total amount due for the charges herein fixed and for charges for water shall be paid as a unit. (d) The City Council may, from time to time in its discretion by ordinance or resolution, alter, change, amend, or revise the charges and rates for services and facilities in connection with the public sewer and stormwater drainage systems. (e) It shall be the duty of the Revenue Department of the City to collect all charges provided for in this chapter. (f) The City Council shall have the right to require any person liable to pay any stormwater pollution abatement charges, sewer operation charges and applicable surcharges to make a reasonable deposit to insure the collection of such charge. (g) If any person fails to pay any applicable charges when the same become due, the City may, in addition to any other remedies it has, cut off any of the services and facilities provided for in this chapter and shall not resume the same until all delinquent charges, together with any charges necessitated by the resumption of such services and facilities, have been fully paid. (h) All funds and monies received from the collection of sewer operation charges and applicable surcharges as herein established, shall be deposited and maintain in a separate fund and account to be known as the Sewer Operation Fund. The moneys deposited in such fund shall be used as permitted by Cal. Health & Safety Code § 5471. (i) Adequate funds shall be transferred from Sewer Service Revenues to the Sewer Revolving Fund for sewer capital facilities repairs and replacement. The amount of this transfer shall be reviewed and adjusted in conjunction with rate studies to meet the needs of the sewer capital improvement program. (j) If a developed parcel does not have a utility account with the City on the effective date of this section, a new account shall be established for that parcel and billed to the owner of said parcel as shown on the latest County Assessor's property tax rolls as an existing utility account. When an undeveloped parcel is developed, a new account shall be established and billed to the owner of that parcel as shown on the latest County Assessor's property tax rolls. The developed property owner shall maintain responsibility for payment until such time as other City utility services

are provided to said parcel and a primary utility account is established for payment responsibility with the occupier of said property. (§ 3, Ord. 2755, eff. April 4, 2002)

(a) Residential customers: The wastewater flow from a single family residential unit is defined as one (1) EDU. On the average, this flow is two hundred seventy (270) gallons per day, and the levels of biological oxygen demand (BOD) and suspended solids (SS) are equal to two hundred thirty (230) mg/l and two hundred twenty (220) mg/l, respectively. The average flow from a multiple family residential or mobile home unit is one hundred eighty-nine (189) gallons per day with the same levels of BOD and SS. By definition, this is equal to seven-tenths (.7) of one (1) EDU. (b) Schools. The number of EDUs for a school is determined annually based on the school's October Average Daily Attendance (ADA). One (1) EDU is equivalent to fifty-four (54) Kindergarten through high school students, or twenty-seven (27) college students. (c) Commercial customers. Commercial customers are grouped in different sewer categories as shown below. Each category is assigned a wastewater factor (WF) based on the percentage of water consumption returned to the sewer, and the wastewater levels of BOD and SS according to the following formula: WF = Flow % ((0.37 + (0.31 BOD/230) + (0.32 SS/220)) / 10.98 The number of EDUs is calculated using the monthly water consumption in hundred cubic feet (HCF) as follows:

EDUs — HCF x WF COMMERCIAL

CATEGORIES AND WASTEWATER FACTORS FOR DETERMINING MONTHLY SEWER CHARGES

Category Type of Commercial BOD/SS Flow % Wastewater Factor

EDUs — HCF x WF COMMERCIAL

CATEGORIES AND WASTEWATER FACTORS FOR DETERMINING MONTHLY SEWER CHARGES

Category Type of Commercial BOD/SS Flow % Wastewater Factor

1 Office 230/220 80 0.0729

Day Care Center

Market w/o grinder

Public Facility w/o dining

Bar/Tavern w/o food

Retail/Service

Recreation/Amusement w/o dining

2 Mortuary 250/350 95 0.1052

3 Hotel w/dining 300/400 85 0.1050

Motel w/dining

Bar/Tavern w/dining

Recreation/Amusement w/dining

Public Facility w/dining

Hospital - full service

Convalescent facility

4 Laundromat 100/150 95 0.0626

Car Wash

5 Laundry Commercial/Industrial 350/550 85 0.1215

Dry Cleaner

6 Motel w/o dining 300/100 80 0.0670

Health Spa

Church/Workshop

7 Outpatient Facility 225/100 90 0.0671

Doctor Office

Dental Office

8 Restaurant full service 400/300 85 0.1042

Restaurant fast food

Market w/grinder

Bakery

9 School Public/Private 230/220 Fixed EDU

K through 12 5 gpd/s October ADA/54

College 10 gpd/s October ADA/27

(d) Industrial customers. Industrial customers shall consist of any industrial user identified in the NAICS/SIC Code US Manual, 1997, as amended and supplemented, under the category Division D - Manufacturing, and any other user of significant waste products as determined by the City. The number of EDUs of industrial customers shall be the sum of domestic and non-domestic wastewater EDUs as follows: (1) The number of domestic wastewater EDUs is calculated using a wastewater factor equal to 0.0729 (category 1

• commercial customers) as described in subsection (c) of this section. (2) The number of non-domestic wastewater EDUs is calculated based on the average daily flow (gallons per day) and strength (BOD & SS in mg/l) of the non-domestic wastewater flow according to the following formula: EDUs-Non-Domestic Flow ((0.37 + (0.31 BOD/230) + (0.32 SS/220)) / 270 (e) If required by the City, any non-residential user may be required to submit on a yearly basis (on or before the first of July of every year), a twenty- four (24) hour composite wastewater sample analysis performed by a certified laboratory. Said analysis shall be for BOD, SS and/or any other parameters, as may be required by the City. The customer shall pay all monitoring costs. The results of the analysis may be used to adjust the customer's wastewater factor and billing records. The frequency of wastewater analysis samples submitted may vary depending on the type of industrial discharge as determined by the City. (f) In the event a customer believes the parameters used to establish the customer's wastewater factor is no longer applicable, said customer may submit the results of laboratory analyses and any other documents for review by the City. An adjustment in the wastewater factor and billing records may be made if deemed appropriate and consistent

with the intent of this section. Any adjustment shall not be retroactive and shall be effective on the first day of the current billing cycle. (g) If a wastewater pretreatment device and/or in-plant modification is instituted which involves a change in the quality and/or quantity of wastewater being discharged, the customer shall immediately notify the City. The user shall be required to submit flow 71 measurements and laboratory analysis for BOD, SS and any other parameters as described in subsection (e) of this section. (h) The specific wastewater rate calculation criteria, including the assignment of sewer factors to specific customers, shall be determined by the City for all customers not specifically mentioned under the classifications set forth in this section, in accordance with the provisions of this section. (i) If a commercial or industrial customer's water meter is used for both domestic and landscape irrigation, forty- five percent (45%) of the metered water consumption shall be assigned to landscape irrigation. If the user can show that landscape irrigation constitutes more than forty-five percent (45%) of the total, the City shall adjust this value provided that installation of a separate irrigation meter is not feasible. The adjustment shall be made after review, verification and approval of a water-use audit report prepared and submitted by the customer. Water meters that are used for landscape irrigation only, and other water meters that do not contribute to sewer flow shall not be included in the EDU calculations, and shall be exempt from sewer charges. (§ 3, Ord. 2755, eff. April 4, 2002)

In addition to other fees, assessments, or charges provided by the Municipal Code or adopted by the City Council, the owner or occupant of any parcel of property for which no other sewer service charge is provided, and which parcel of property is connected to the sewer system of the City, shall pay monthly sewer service charges as established from time to time by resolution of the City Council. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 7, Ord. 2785, eff. November 16, 2003,§§ 26 and 27, Ord. 2816, eff. December 1, 2005, § 3, Ord. 2880, eff. February 4, 2008, § 3, Ord. 2913, eff. January 1, 2010, § 5, Ord. 3133, eff. July 5, 2019)

Industrial wastewater permit fees for non- residential customers shall be included in the monthly sewer charges as established in § 6-7.703 of this chapter. (§ 3, Ord. 2755, eff. April 4, 2002)

Any user who has violated or continues to violate this chapter, an industrial wastewater permit, an order issued hereunder, or any prohibition, limitation, or requirement contained herein, shall pay non- compliance fees to the City as established in § 6-7.603 of this chapter, to recover all costs incurred by the City in performing inspections, sampling and analysis of the user's wastewater, and administrative costs associated with processing notices of violation, and conducting enforcement actions. (§ 3, Ord. 2755, eff. April 4, 2002)

(a) The City is required to deposit regional sewer capacity fees in a separate capital facilities fund with other charges received, and account for the charges in a manner to avoid any commingling with other moneys of the City, except for investments, and shall expend those charges solely for the purposes for which the charges were collected. Any interest income earned from the investment of moneys in the capital facilities fund shall be deposited in that fund. (b) The City is a party to the regional sewerage service contract, the obligations of which include financing the capital expansion of the regional sewerage facilities serving the City. These regional sewerage facilities are operated by the Inland Empire Utilities Agency (IEUA). (c) IEUA has prepared a Ten (10) Year Capital Improvement Program which includes a study of the impact of anticipated development within the jurisdiction of each of the contracting agencies, including the City, upon the need for and cost of sufficient wastewater interceptor and treatment capacity. (d) Purpose and findings. (1) In order to implement the goals and objectives of the City of Ontario's General Plan and the regional sewerage service contract, a Ten (10) Year Capital Improvement Program is prepared annually by IEUA for those expansions of the regional sewerage facilities to be needed by the contracting agencies to mitigate sewage impacts caused by new development in the City of Ontario and within the spheres of each of the contracting agencies. (2) The Ten (10) Year Capital Improvement Program, which is hereby incorporated by reference, establishes that certain sewerage pretreatment facilities must be or had to be constructed to provide adequate treatment capacity to service anticipated new development within the jurisdiction of each of the contracting agencies. The cities and agencies contracting for sewage treatment with the IEUA are Cucamonga Valley Water District, and the cities of Ontario, Chino, Chino Hills, Fontana, Montclair and Upland. (3) The contracting agencies and IEUA have determined that a regional sewer capacity fee is needed in order to completely finance these public improvements and to pay for public facilities in existence at the time regional sewer capacity fees are imposed or for new public facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged, including, real property interests, and entitlements and other rights of the local agency involving capital expense relating to its use existing or new public facilities. (4) IEUA's Ten (10) Year Capital Improvement Program identifies the need for new regional wastewater interceptor facilities, pretreatment facilities, and disposal facilities and sets forth the relationship between new development, needed facilities and estimated costs of the facilities. This report is annually updated by IEUA. The report utilizes the contracting agencies' forecasted growth and an analysis of IEUA's financial projection of being able to provide capacity. Those projections have been examined and have been found to be reasonable estimates of the projected growth within the City and the regional service area of the IEUA. (5) The regional sewer capacity fees collected pursuant to this section shall be used to finance only the regional wastewater interceptor facilities, pretreatment facilities and disposal facilities identified in the IEUA Ten (10) Year Capital Improvement Program in accordance with the terms of the regional contract. (6) New development within the City of Ontario will generate additional need for sewage treatment capacity within the regional service area and will contribute to the degradation of pretreatment facility capacity within the regional service area of the IEUA. (7) The amount of the regional sewer capacity fees does not exceed the estimated reasonable cost of providing the service for which the fees are imposed. (8) There is a need in the City for sewage treatment capacity which has not been constructed or has been constructed in anticipation of new development which has not contributed its fair share towards these facility costs and said facilities have been called for in or are consistent with the City's General Plan. (i) There is a reasonable relationship between the need for the wastewater interceptor facility, pretreatment facility, and disposal facilities and the types of development considered in the forecasts submitted by the contracting

agencies, including the City of Ontario, for which a CCRA fee is hereby imposed; (ii) There is a reasonable relationship between the use of such fee and each type of development project upon which the fee is imposed; (iii) There is a reasonable relationship between the IEUA amount of the fee and the cost of the facilities to be built to service new development projects for which the fee is imposed; and (iv) The procedures used to determine these relationships are described in more detail in the "Agreement Amending and Supplementing Chino Basin Regional Sewage Service Contract" and the Ten (10) Year Capital Improvement Program. (9) There is a need in this City for sewage treatment capacity which has not now been constructed or has been constructed in anticipation of new development which has not contributed its fair share towards these facility costs and said facilities have been called for in or are consistent with the City's General Plan. (10) The cost estimates set forth in IEUA's Ten (10) Year Capital Improvement Program are reasonable cost estimates for constructing wastewater interceptor facility, pretreatment facility, and disposal facilities necessitated by projected new development, and the development fees collected by the City from any affected development project will not exceed the total of these costs attributable to the increased capacity necessary to serve that project. (e) Every developer constructing any new residential, commercial, or industrial structure which will be connected to the City's public sewer shall pay to the City a regional sewer capacity fee calculated by multiplying the number of EDUs by the current IEUA rate per EDU. The regional sewer capacity fee will automatically be adjusted each year on July 1 to the amount adopted by the IEUA Board of Directors. (f) For the purposes of computing uniform financial obligations for each contracting agency in the regional sewerage system, the following computation shall be used to determine EDUs for residential, commercial and industrial units: (1) Residential is a structure or part of a structure which is designed for the purpose of providing permanent housing for one (1) family or tenant shall be one (1) EDU. This includes, but is not limited to, a single family detached residence, an apartment, a townhouse, a condominium, or mobile home space within a mobile home park. (2) Commercial is a structure which is designed for the purpose of providing permanent housing for enterprises engaged in the exchange of goods and services. This shall include, but is not limited to, all private business and service establishments, schools, churches, and public facilities. EDUs shall be determined by multiplying the fixture units, as defined in the Uniform Plumbing Code, shown on the approved building plans by the appropriate sewage factor. Total EDUs for commercial centers with various use categories will be the sum of the EDUs computed for each category use as follows: COMMERCIAL USE CATEGORIES LISTING

No. Type of Commercial Gallons Per Fixture BOD/TSS Sewage Factor

No. Type of Commercial Gallons Per Fixture BOD/TSS Sewage Factor

I Motel/Hotel 12 230/220 0.0444 Recreation/Amusement Restaurant (fast food) Office Retail Store Market (without butcher shop) Bar Tavern

II Market (with Butcher Shop) 24 250/350 0.1081 Bakery Mortuary

III Convalescent Home 42 250/300 0.178 Hospital Health Spa (with pool) Restaurant (full service)

IV Laundromat 43 350/500 0.2499 Laundry Dry Cleaner (processor)

V Car Wash (coin operated) 102 150/500 0.491

VI Church 17 230/220 0.063 School Public Facility

VII Health Spa (without pool) 42 230/220 0.1555

(3) Industrial is a structure which is designed for the purpose of providing permanent housing for enterprises engaged in the production, manufacturing, or processing of material. EDUs for industrial users shall be determined as follows: (i) For domestic type wastewater, multiply the fixture units, as defined by the Uniform Plumbing Code, as shown on the approved building plans by a sewer factor of 0.0741 based on a twenty (20) gallons per fixture unit flow per day. (ii) For industrial wastewater, compute the number of EDUs from information contained on the industrial waste permit, as set forth in § 6-7.702 of this chapter. (iii) Combine the resultant EDUs derived from (i) and (ii) above. (4) The sewage factor formula used for commercial and industrial categories is as follows: Sewage factor = Gallons per fixture ((0.37 + (0.31 BOD/230) + (0.32 SS/220)) / 270 (g) Exempt from the regional sewer capacity fee shall be the following: (1) Any residential, commercial or industrial structure which is or will be connected exclusively to another agency's sewer system or to a private sewage disposal system; and (2) That portion of a newly constructed commercial and/or industrial development's waste which is discharged into the non-reclaimable waste system. (h) For residential structures with a building permit issued prior to July 1, 1979, no regional sewer capacity fees will be levied at the time of connection to the regional system. If the original permit was issued after July 1, 1979, then the regional sewer capacity fees established at the time of permit issuance will apply. (i) The regional sewer capacity fees will apply to all commercial and industrial development regardless of when the structure was constructed. When a non-residential user requests to connect to the regional system or to modify its use, if already connected, the regional sewer capacity fee shall be based on the current fee in effect at the time the connection or modified use is made. (j) Additional regional sewer capacity fees shall be levied on existing commercial and industrial users who expand or revise their use. The additional regional sewer capacity fee shall be based on the additional number of EDUs according to the following criteria: (1) Regional sewer capacity fees will only be levied on the fixture unit (FU) count difference between existing FUs and new FUs. (2) The regional sewer capacity fee will be determined based on the fee in effect at the time of building or sewer permit issuance for the revised or expanding development.

(3) A change in use, placing a commercial development in a different commercial category, will not result in the recalculation of the CCRA obligation for the existing FUs. Only the regional sewer capacity fees for the new added FUs will be levied based on the commercial category which best defines the proposed use. (k) All sewer use rights and capacity shall remain with the existing building and shall be sold to building owners rather than tenants. In cases where an existing building is completely demolished, the transfer of capacity rights can be permitted provided that: (1) Proof of building demolition can be documented; (2) Payment for original system capacity can be documented; (3) The demolition occurs simultaneously with the transfer; and (4) The transfer occurs within the contracting agency who originally sold the capacity. (5) The capacity rights shall be determined based on number of EDUs of the demolished structure. (l) Regional sewer capacity fees shall be paid at the time of the application for a building permit or an industrial wastewater permit if no building permit is required. (m) Regional sewer capacity fees collected shall be deposited in the City of Ontario's Sanitary Sewerage Collection and Treatment Fund and used to finance construction of wastewater interceptor facilities, pretreatment facilities, and disposal facilities. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 1, Ord. 2756, eff. June 16, 2002, § 1, Ord. 2773, eff. July 6, 2003, § 1, Ord. 2801, eff. July 1, 2004, § 2, Ord. 2972, eff. December 19, 2013, and § 2, Ord. 3190, eff. October 7, 2021)

(Repealed by § 5 of Ord. 2779, eff. August 1, 2003)

(a) The sewer discharge from a public sewering agency to the City must be approved by all involved agencies by written agreement. (b) The public sewering agency desiring a sewer connection to the City, or source agency, must submit to the Engineer, a written request for an Interagency Connection Point which shall include: a plot map of the area to be served including the distance to the proposed connection point; the current zoning and acreage of each of the zoned regions of the area; the percentage of existing development in each zoned region; the current average and peak flow and wastewater quality from the total proposed area; and the projected maximum peak and average flows from the total area at build-out. (c) The City shall have the right to deny the request for any reason. (d) The contract agreement must be written by the source agency but reviewed and approved by the City and must include, but not be limited to the following: (1) A statement of agreement to construct, at no expense to the City, all sewer facilities necessary to convey the sewage from the source agency area to the City's public sewer system; (2) All construction plans must be approved by the Engineer and all construction done in the City including a monitoring manhole at the connection point must be inspected and built to the City standards, also as-built plans must be submitted to the City upon completion of the work all at no cost to the City; (3) The source agency shall agree, at their own expense, to submit to the City no later than forty-five (45) days from the date the connection point becomes active, a twenty-four (24) hour flow weighted composite analysis on the effluent entering the City at the connection point for all the parameters and constituents listed in the Inland Empire

Utilities Agency Regional Contract, Exhibit H, and shall agree to submit to the City, a similar analysis every six (6) months starting from the submittal date of the first analysis; (4) The water laboratory used by the source agency for the monitoring and analysis work must be approved by the City on an annual basis, and a copy of all the intercity connection point monitoring must be sent to the City directly from the laboratory; (5) If the connection point is to be eliminated, the source agency shall abandon the intercity connection to current City standards, on the source agency's side of the City's boundary line at no expense to the City; (6) The requesting agency shall collect all sewer fees as established by the City and transfer this money once per six (6) months to the City; (7) The requesting agency shall be responsible to notify the City of any growth in this sewered area, and agree to allow the City to enforce their Pretreatment Program in the source agency's sewered area, 40 CFR 403.8(f)(2)(i); (8) The City agrees to accept and deliver to the regional sewage treatment plant, or to an approved regional sewage system collection point, all sewage discharged through this connection point providing all predetermined flow and water quality criteria are being met; (9) The City shall have the right to stop the sewer flow or eliminate the intercity connection point if any of the above criteria are violated, but must notify in writing, the source agency of the City's intent and establish a date and time the connection point may be abolished; and (10) The source agency shall be responsible for submitting an executed copy of the interagency agreement to the IEUA. (11) All existing source agencies that are discharging to the City's Public Sewer System when this chapter becomes effective, shall comply with all of the requirements of this section providing the requirements have not already been regulated in an executed agreement between the source agency and the City; all existing source agencies shall be given one year from the effective date of this chapter to comply with the additional requirements or the source agency may be subject to cancellation of their interagency connection. (§ 3, Ord. 2755, eff. April 4, 2002)

(a) Should measurements or other investigations reveal that the permittee is discharging a flow rate, or a quantity of flow, biochemical oxygen demand or total suspended solids significantly in excess of that stated on the permit or in excess of the quantities reported to the Administrator by the permittee and upon which the monthly sewer service charges or capacity facilities fees are based, the permittee shall apply for an amended permit and shall be assessed for all delinquent charges together with penalty and interest. Before these charges shall be assessed at least two (2) additional twenty-four (24)-hour samples and flow measurements shall be obtained by the Administrator with all costs of sampling and analyses to be paid by the permittee. (b) For the purpose of establishing the correct sewer service charge, the data obtained in these samplings along with any other relevant information obtained by the Administrator or presented by the permittee, shall be used by the Administrator in determining the sewer service charge. A permittee who violates this section shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter values over the period since the Administrator's last verification of quantity parameters. (§ 2, Ord. 3190 , eff. October 7, 2021)

CHAPTER 8: WATER SERVICES* (REPEALED)

CHAPTER 8: WATER SERVICES* (REPEALED)

*Chapter 8 of Title 6, incorporating §§ 6-8.01 through 6-8.11, was repealed in its entirety by § 2, Ord. 2785, eff. November 16, 2003.

CHAPTER 8A: WATER CONSERVATION PLAN

CHAPTER 8A: WATER CONSERVATION PLAN

6-8.20 Scope and title 6-8.21 Statement of policy and declaration of purpose 6-8.22 Authorization 6-8.23 General prohibitions 6-8.24 Exceptions 6-8.25 Voluntary conservation stage 6-8.26 Stage 1 water supply shortage–water supply reduced by up to ten percent (10%) 6-8.27 Stage 2 water supply shortage–water supply reduced up to twenty percent (20%) 6-8.28 Stage 3 water supply shortage–water supply reduced up to thirty percent (30%) 6-8.29 Stage 4 water supply shortage–water supply reduced up to forty percent (40%) 6-8.30 Stage 5 water supply shortage–water supply reduced up to fifty percent (50%) 6-8.31 Stage 6 water supply shortage emergency–water supply reduced more than fifty percent (50%) 6-8.32 Relief from compliance 6-8.33 Failure to comply 6-8.34 Appeal and hearing regarding violations 6-8.35 Remedies not exclusive

(a) The use of Tobacco, Electronic Delivery Devices, and Cannabis are prohibited in all Public Parks in the City at All Times. This prohibition is enacted in order to preserve the public health, safety, and welfare of the residents of the City, as well as the environment of the City. (b) The provisions of this section do not apply to publicly owned areas and places, or portions thereof, used by or used for events of the United States, the State of California, or any agency or instrumentality thereof. (§ 2, Ord. 3112, eff. September 20, 2018, § 3, Ord. 3236, eff. January 19, 2023)

(a) “Use of Tobacco And/or Electronic Delivery Devices And/or Cannabis” means the act of Smoking, chewing, or the use of any other Tobacco and/or Electronic Delivery Devices and/or Cannabis products in any form. (b) “Smoke” or “Smoking” means inhaling or exhaling Smoke from any lighted or heated cigar, cigarette, pipe, or any other Tobacco plant or product, or inhaling or exhaling aerosol or vapor from any Electronic Delivery Devices. “Smoking” includes being in possession of a lit or heated cigar, cigarette, pipe, or any part of Tobacco or plant product intended for inhalation, or an Electronic Delivery Device that is turned on or otherwise activated. (c) “Tobacco Product” means any substance made or derived from any parts of the Tobacco plant, including, but not limited to, cigarettes, cigars, pipe Tobacco, snuff, chewing Tobacco, and smokeless Tobacco, or products prepared from Tobacco and designed for Smoking or ingestion, or any other product name of descriptor. (d) “Electronic Delivery Device” means any product containing or delivering nicotine, lobelia, or any other substance that can be used to stimulate Smoking through inhalation of aerosol or vapor from the product. This term includes, but is not limited to, devices manufactured, distributed, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipes, vape pens, electronic hookah, electronic cigarillo, or any other product name or descriptor. (e) “Cannabis” means all parts of the plant Cannabis sativa L, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include: (1) Industrial hemp, as defined in Cal. Health & Safety Code § 11018.5; or (2) The weight of any other ingredient combined with Cannabis to prepare topical or oral administrations, food, drink, or other product. (f) “Public Parks” means all Public Parks within the City that are currently, or in the future, listed on the City’s website as a park. All City golf courses, as they appear on the City’s website, now or in the future, are excluded from the definition of Public Parks and the applicability of this chapter. The term includes, but is not limited to, restrooms,

spectator and concession areas, playgrounds, athletic fields, aquatic areas, in or on City-owned vehicles, and in City- owned parking lots at those Public Parks. (g) “All Times” means twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days a year. (§ 2, Ord. 3112, eff. September 20, 2018, §§ 4-5, Ord. 3236, eff. January 19, 2023)

This chapter shall not be interpreted or construed to permit Smoking where it is otherwise restricted by other applicable laws. (§ 2, Ord. 3112, eff. September 20, 2018)

(a) Wherever this chapter prohibits Smoking, conspicuous signs containing the words “NO SMOKING,” in all capital letters not less than one inch in height on a contrasting background, shall be posted. It shall be the duty of the owner, operator, manager or other persons having control of any Public Parks to clearly post such signs or cause the same to be clearly posted within ninety (90) days of the effective date of the ordinance codified in this chapter. (b) The “NO SMOKING” signs shall be posted in multiple languages at strategic locations to inform all persons about the policy. (c) City staff and volunteers shall be notified about this no Smoking policy through an internal memorandum. (d) City staff shall communicate this policy to all event organizers. (§ 2, Ord. 3112, eff. September 20, 2018)

(a) Each incident in violation of this chapter is an infraction subject to: (1) A fine of $50 for a first violation. (2) A fine not exceeding $100 for a second violation of this chapter within one (1) year. (3) A fine not exceeding $200 for each additional violation of this chapter within one (1) year. (b) Enforcement of this chapter shall begin one (1) year after the effective date of this chapter. (§ 2, Ord. 3112, eff. September 20, 2018)

CHAPTER 14: GRAFFITI SUPPRESSION *

CHAPTER 14: GRAFFITI SUPPRESSION *

*Prior ordinance history: Ord. 2501, eff. April 18, 1991, Ord. 2519 and Ord. 2541, eff. April 1, 1993. 6-14.01 Purpose and intent 6-14.02 Definitions 6-14.03 Graffiti: Unlawful to apply 6-14.04 Graffiti implement: Possession by minors 6-14.05 Graffiti implement: Possession in designated public places 6-14.06 Graffiti implement: Furnishing to minors prohibited 6-14.07 Graffiti implement: Wrongful display for sale 6-14.08 Loitering for graffiti purposes 6-14.09 Detection of graffiti 6-14.10 Removal of graffiti 6-14.11 Nuisance 6-14.12 Condition tentative maps 6-14.13 Prevention of graffiti 6-14.14 Parental civil liability 6-14.15 Penalties for violation