§ 6-7

Article 2. Prohibitions and Discharge Limits

Article 5. Monitoring, Reporting, Notification and Inspection Requirements

This chapter is enacted pursuant to authority conferred by law including, but not limited to, Cal. Health & Safety Code, §§ 5400 to 5474, Cal. Gov't Code, §§ 54725 to 54740, and 66000 to 66003, Cal. Code of Regulations, Title 22, the Federal Clean Water Act, 33 U.S.C. 1251, et seq., the Code of Federal Regulations, the Porter Cologne Act, the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901, et seq. and the National Pollutant Discharge Elimination System Permits issued by the Regional Water Quality Control Board, Santa Ana Region, to the Inland Empire Utilities Agency (IEUA). (§ 3, Ord. 2755, eff. April 4, 2002)

(a) This chapter sets forth uniform requirements for users that directly or indirectly connect to the City of Ontario's sewerage system and IEUA's regional sewage system, and enables the City to comply with all applicable state and federal laws, including the Clean Water Act of 1977, the General Pretreatment Regulations set forth at 40 Code of Federal Regulations (CFR), Part 403, the National Pretreatment Standards set forth at 40 CFR Chapter I, Subchapter N, Parts 405-499, the California Water Code, and subsequent amendments to each. (b) It is the intent of this chapter to recognize that the Inland Empire Utilities Agency with its approved pretreatment program is designated as the control authority over wastewater discharges within its service area including the City of Ontario, and holder of the National Pollutant Discharge Elimination System (NPDES) permit. As such, the City of Ontario is committed to administering and enforcing pretreatment regulations and ensuring consistency in the implementation of the pretreatment requirements under the review of the Inland Empire Utilities Agency. (c) The primary objectives of this chapter are: (1) To prevent the introduction of pollutants into the City of Ontario sewerage system, which would otherwise interfere with the operation and maintenance of the collection system or with the wastewater pretreatment facilities or contaminate the resulting sludge; (2) To prevent the introduction of pollutants into the City of Ontario's sewerage collection and IEUA's regional sewage system which would otherwise pass-through said system inadequately treated, into receiving waters or the atmosphere, or otherwise be incompatible with the system; (3) To protect the health of the public and the City of Ontario and IEUA operations and maintenance personnel; (4) To improve the opportunity to recycle and reclaim wastewaters and biosolids from the sewerage system; and (5) To provide for the equitable distribution of the cost of the sewerage system, pretreatment programs, and all related services through the establishment of fair and equitable fees and charges. (d) This chapter provides for the regulation of direct and indirect contributors to the City of Ontario's sewerage system through the issuance of individual wastewater discharge permits or discharge authorizations to certain non- domestic sewer users, in order to regulate the quantity and quality of wastewater discharges, imposes pretreatment requirements, authorizes monitoring and enforcement activities; requires user reporting; assumes that existing customers' capacity will not be preempted, and provides for the setting of fees by the City of Ontario for the equitable distribution of costs resulting from the program established herein. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord 3190, eff. October 7, 2021)

Except as otherwise provided in this chapter, the Administrator shall administer, implement, direct and cause enforcement of the provisions of this chapter. Whenever any power is granted to or a duty is imposed upon the Administrator, the power may be exercised or the duty may be performed by a user authorized by the Administrator. (§ 3, Ord. 2755, eff. April 4, 2002)

This chapter shall apply to all users of the City's sewerage facilities within the City, and to users outside the City who are, by permit, contract, or agreement with the City, users of the City's sewerage facilities. (§ 3, Ord. 2755, eff. April 4, 2002)

The City of Ontario adopted an agreement known as the Regional Pretreatment Agreement, entered into by and among IEUA, the City of Ontario and the cities of Chino, Chino Hills, Fontana, Montclair, Upland, and the Cucamonga County Water District. Said agreement is hereby adopted and incorporated by reference as if fully set forth herein. Copies of the said agreement are on file with the City Clerk of the City of Ontario. (§ 3, Ord. 2755, eff. April 4, 2002)

Sec 6-7.106. Ordinance definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes and are not intended to narrow the scope of definitions set forth in federal or state law or regulations. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of masculine shall also mean feminine and neutral. (a) "Administrator" or "City Manager" means the chief administrative officer of the City of Ontario or their authorized designee. (b) "Approval Authority" means the California Regional Water Quality Control Board, Santa Ana Region. (c) "Authorized industrial representative" means: (1) If the user is a corporation: (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar or decision-making functions for the corporation; or (ii) The manager of one (1) or more manufacturing, production, or operation facilities, provided, the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) A general partner or proprietor if the user is a partnership or sole proprietorship respectively; or (3) If the user is a federal, state, or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee; or (4) A duly authorized representative of the individual designated in § 6-7.106(c)(1), (c)(2), or (c)(3) above, if (i) The authorization is made in writing by the individual described in § 6-7.106(c)(1), (c)(2), or (c)(3) above;

(ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; (iii) The written authorization is submitted to the Administrator; and (5) If the authorization under § 6-7.106(c)(4) above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of (4) above must be submitted to the Administrator prior to or together with any reports to be signed by an authorized representative. (d) "Best Management Practices (BMP)" are defined at Title 40 Code of Federal Regulations 403.3(e) as schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the general and specific prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs also include pretreatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. (e) "Biosolids" means the non-hazardous and recyclable organic matter resulting from the treatment of wastewater. (f) "Biochemical oxygen demand (BOD)" means a test method which measures the organic strength of the wastewater. The BOD test measures the amount of oxygen consumed by the microorganisms in the wastewater as they stabilize decomposable organic matter under aerobic conditions. The BOD test is a five (5) day test where the wastewater is kept at twenty degrees centigrade (20°C) and the results are expressed in milligrams per liter (mg/L). (g) "Brine" means wastewater saturated with or containing large amounts of salt, especially of sodium chloride. (h) "Business" means an industrial or commercial enterprise. (i) "Bypass" means the intentional diversion of wastestreams from any portion of a user's pretreatment facility. (j) "Capital capacity reimbursement account fee" or "CCRA fee" are capacity charges within the meaning of Cal. Gov't Code § 66013. (k) "Capital facilities fee" means the prevailing unit cost per EDU fee, based on the EDU value as established in this chapter, and adjacent sewer line size. (l) "Categorical industrial user (CIU)" means any industrial user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N. For this purpose, a user is deemed to be a CIU when it meets the applicability requirements for a specific category and is subject to pretreatment standards for existing sources or pretreatment standards for new sources. (m) "Categorical pretreatment standard" or "National Categorical Pretreatment Standard" or "Federal Categorical Pretreatment Standards" or "categorical standards" or "pretreatment standards" refers to any regulation containing pollutant discharge limit promulgated by EPA in accordance with Sections 307(b), (c) and (d) of the Clean Water Act (33 U.S.C. 1317), which applies to a specific category of industrial users, and which appears in 40 CFR Chapter I, Subchapter N, Parts 403-471. This term includes prohibitive discharge limit established pursuant to 40 CFR 403.5 and any local limits. (n) "Clean Water Act " or "Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq., and the regulations adopted thereto. The Clean Water Act is the primary federal law that protects our nation's waters, including lakes, rivers, aquifers and coastal areas. (o) "Clean Water Enforcement and Pollution Prevention Act of 1999" means the California law which authorizes regional, state boards and POTWs to require mandatory penalties and implementation of pollution prevention plans for various types of effluent violations. (p) "Code of Federal Regulations (CFR)" means a publication of the United States Government that contains all of the proposed and finalized federal regulations, including environmental regulations.

(q) "Collection system" means the combined pipes, conduits, manholes, and other structures, usually underground, whose purpose is to convey sanitary wastewater. (r) "Community sewer system" means all facilities owned, controlled or operated by an IEUA contracting agency for the purpose of collecting and conducting sewage to a delivery point, including collector sewers conducting sewage from the originating premises, trunk sewers conveying sewer from tributary collector sewers or other trunk sewers and any facilities appurtenant to the foregoing. (s) "Compatible pollutants" means those pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and ammonia that are normally removed by the POTW treatment processes. (t) "Compliance schedule" means the time period allowed by the City for a user to comply with permit conditions or discharge requirements. (u) "Composite sample" means a collection of individual samples taken on a time or flow interval basis, and usually combined to give an average representative sample for the sample period. (v) "Constituent" means any chemical element, compound, or mixture that is either suspended or dissolved in the wastewater stream. (w) "Contracting agency" means any sewerage collection agency located, in whole or in part, within the boundaries of the IEUA which has entered into a service contract with the IEUA. (x) "Control authority" means IEUA or the City of Ontario acting on behalf of IEUA. (y) "Conventional pollutants" means those pollutants which are usually found in domestic, commercial, or industrial wastewaters such as biochemical oxygen demand, suspended solids, pathogenic organisms, pH, and oil & grease. (z) "Daily discharges" means the amount of discharge measured during a calendar day. (aa) "Daily maximum" means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. (bb) "Dilution" means increasing the use of process water, or otherwise attempting to decrease the concentration of pollutants in a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or pretreatment requirement. (cc) "Discharge" means sewerage or wastewater which is released into or allowed to enter the public sewerage system. (dd) "Discharge limit" means the maximum concentration levels at which specific pollutants are allowed to be discharged. (ee) "Discharge permit" means formal authorization by the City, stipulating the conditions under which a user's wastewater may be released to the City's sewerage system. (ff) "Disposal facility" or "disposal facilities" means any site where hazardous waste is intentionally placed and at which the waste will remain after closure. (gg) "Domestic wastewater" means the liquid and solid waste derived from the ordinary living processes of humans, free from industrial wastewater, and of such character as to permit satisfactory treatment and disposal by conventional sewerage treatment processes. (hh) "ELAP" means Environmental Laboratory Accreditation Program. (ii) "Environmental Protection Agency (EPA)" means the federal agency charged by law with carrying out and obtaining compliance with the Clean Water Act of 1977 and other federal environmental laws and promulgating, interpreting and enforcing regulations implementing such statutes.

(jj) "Equivalent dwelling unit (EDU)" represents the wastewater flow from a single-family residential household as defined in the regional contract. (kk) "Existing source" means an industrial discharger that was in construction or operation prior to the EPA proposing pretreatment standards for the industrial category. The pretreatment standards will be applicable to such source if the category is thereafter promulgated in accordance with Section 307 of the Act. (ll) "Fee" means any charge made to the user for the use of the sewerage system and shall include, but not be limited to, capital facilities fee, CCRA fees, sewer assessment fee, connection and frontage fee, industrial wastewater permit fee, sampling fee, inspection fee, noncompliance fee, oversize sewer fee, monthly sewer service charge, regional sewer capacity fees, and other user fees. (mm) "Frontage fee" means the actual costs incurred by the City for connecting a property to the sewer system which is reimbursable by the property owner. The frontage fee is based on the sewer main size, as established in § 6- 7.707, multiplied by the length, in feet, of the sewer frontage of a lot or parcel. (nn) "General Plan" means the City of Ontario's comprehensive policy document that informs future land use decisions. It establishes land use designations and policies that identify a range of zoning options that can be applied to property. (oo) "Grab sample" means a single sample collected at a particular time and place which represents the wastestream at that time and place only, and which does not exceed a fifteen (15)-minute duration. (pp) "Hazardous substance" means any substance designated under 40 CFR Part 116 pursuant to § 311 of the Act. (qq) "Hazardous waste" shall be as defined in 40 CFR Part 261.3 or Title 22, Cal. Code of Regulations. (rr) "Hydrolysis" means the reduction of the body of a deceased person or animal to its essential organic components and bone fragments by using heat or heat and applied pressure, water, and potassium hydroxide or sodium hydroxide either before or after processing of the remains after removal from the hydrolysis chamber. (ss) "Industrial user (IU)" means any user, business, or facility that discharges or causes a discharge of non- domestic waste directly or indirectly into the City sewerage system. (tt) "Industrial wastewater" or "industrial waste" means any waste or substance spilled, discharged, flowing, or allowed to escape from any producing, manufacturing, processing, chemical, waste or materials storage area, institutional, governmental, or agricultural operation or from any other operation, or from the development, recovery or processing of any material resource. Industrial wastewater includes but is not limited to waste and/or wastewater resulting from equipment maintenance and cleaning, product coating, coloring, painting, plating, treating, degreasing or cleaning, heating and cooling systems, and water treatment devices. Industrial wastewater does not include domestic wastewater and unpolluted water as defined in this chapter. Any wastewater that is hauled by truck, rail or other means, and discharged into the sewerage system, shall be considered industrial wastewater, regardless of the original source. (uu) "Inland Empire Utilities Agency (IEUA)" shall be defined as the regional sewer treatment agency. IEUA as the control authority is also responsible for jointly administering the provisions of this chapter. (vv) "Interceptor" means a treatment system designed, constructed and operated for the purpose of removing and retaining sand, oil, and grease from wastewater by differential gravity separation before discharge to the sewerage system. This term shall include both oil and grease interceptors and sand and oil interceptors. (ww) "Interference" means a discharge that alone or in conjunction with a discharge or discharges from other sources: (1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (2) Is a cause or threatens to cause, a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewerage sludge use or disposal in

compliance with the following statutory provisions and ordinance or permits issued hereinafter (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) [including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of SWDA], the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. (xx) "Industrial wastewater discharge" or "discharge authorization" or "non-domestic wastewater" means the permitted discharges from an industrial or commercial source. (yy) "Local limit" means specific discharge limit developed and enforced by the City and IEUA upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b). (zz) "Lower explosive limit" means the point where the concentration of a gas-in-air is sufficiently large to result in an explosion if an ignition source (sufficient ignition energy) is present. (aaa) "Mass emission rate" or "mass limit" means the weight of material discharged to the sewerage system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents. (bbb) "May" is permissive. (ccc) "Milligrams per liter (mg/L)" means one (1) milligram of a pollutant in one (1) liter of water or wastewater and can also be expressed as parts per million. (ddd) "Monitoring facility" means any structure approved by the Administrator to provide a convenient access point for monitoring the quantity and quality of a user's wastewater. (eee) "Monthly average" means the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month. (fff) "Municipal Code" means laws that are enacted and enforced by the City of Ontario. (ggg) "National Pollutant Discharge Elimination System (NPDES) Permit" means a permit issued by state or federal agencies pursuant to § 402 of Act (33 U.S.C. 1432). (hhh) "New source" means: (1) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Act which will be applicable to such source if such pretreatment standards are thereafter promulgated in accordance with that section, provided that: (i) The building, structure, facility or installation is constructed at a site at which no other source is located; (ii) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (iii) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs (1)(ii) or (1)(iii) above, but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (i) Begun, or caused to begin as part of a continuous onsite construction program: (A) Any placement, assembly, or installation of facilities or equipment; or

(B) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (ii) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. (iii) "Non-compatible pollutants" means those pollutants that are not removed by the sewage treatment plant or compatible pollutants in excessive quantities or concentrations. These pollutants may be toxic and cause waste to pass- through or interfere with sewage treatment systems. (jjj) "Occupant" means the tenant, renter or lessee of property who is the recipient of other utility services provided by the City and is responsible by utility application, agreement or by other means for the payment of said utility services. (kkk) "Owner" means the legal person or business who owns the parcel of real property, except when the legal person or business or said real property is such due to the holding of a mortgage, note or other such security, in which case the "owner" shall be deemed to be a beneficiary of said parcel of real property. (lll) "Pass-through" means a discharge that passes through the POTW to the waters of the state in concentrations which, alone or in conjunction with other discharges, cause an NPDES permit violation, including an increase in the magnitude or duration of the violation. (mmm) "Permittee" means a user, business, or company who has received a permit to discharge wastewater into the City sewerage system subject to the requirements and conditions established by the City. (nnn) "pH" means a measure of the acidity or alkalinity of a solution, expressed in standard units. (ooo) "Pollutant" means any substance which contributes to or causes the impairment of the beneficial recycling of water or sludge. Pollutants include but are not limited to: dredged spoil, solid waste, incinerator residue, filter backwash, sewerage, garbage, sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, and agricultural waste, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, COD, BOD, toxicity, or odor). (ppp) "Pollution" means the man-made or man-induced degradation of the chemical, physical, biological, and/or radiological integrity of water. (qqq) "Pretreatment" or "treatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants to a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means except as prohibited by 40 CFR 403.6(d). (rrr) "Pretreatment facility" or "pretreatment facilities" means an industrial wastewater regional treatment plant consisting of one (1) or more treatment devices designed to remove sufficient pollutants from wastewaters to allow a user to comply with EPA, state or local effluent limitations for legal discharge to a POTW. (sss) "Pretreatment program" means a program required by the IEUA NPDES permit to remove some pollutants from non-domestic wastewater before it is discharged into the sewer system. (ttt) "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. (uuu) "Process wastewater" means any wastewater contaminated by human activities including but not limited to that originating from manufacturing, agriculture, processing, rinsing, washing or producing.

(vvv) "Public agency" means the State of California or any city, county, district, other local authority or public body within the State of California. (www) "Public sewer system," "public sewer," "sewerage system," or "regional sewerage system" means any sewerage facility which is located in and maintained by the City or IEUA. The public sewer does not include the non- reclaimable waste system. (xxx) "Publicly owned treatment works (POTW)" means all sewerage facilities used for collecting, conveying, pumping, treating, and disposing of sewerage, whether these facilities are operated and maintained by the City or IEUA. (yyy) "Regional sewer capacity fees" means capacity charges within meaning of Cal. Gov't Code § 66013. (zzz) "Regional sewerage service contract" or "regional contract" means the agreement between IEUA and the public agencies in the Chino Basin area, to provide for the acquisition, improvement, and expansion of regional sewerage facilities for collecting, conveying, pumping, treating, and disposing of sewerage from each of the public agencies in the IEUA service area. (aaaa) "Regional treatment plant" means the regional water recycling plant operated by IEUA as part of the regional sewerage system. (bbbb) "Regulatory agencies" means any or all agencies regulating the City, including, but not limited to, the Environmental Protection Agency, the State Water Resources Control Board, the Regional Water Quality Control Board and the IEUA. (cccc) "Resource Conservation and Recovery Act (RCRA)" means a federal act that regulates the generation, storage, transportation and disposal of federally defined hazardous wastes from "cradle to grave". (dddd) "Self-regenerating water softening appliance" means a water softening device located within, or adjacent to, a user located within the IEUA service area and which discharges to a community sewer system that is tributary to the regional sewerage system owned and operated by IEUA, whereby the capability of the appliance to remove hardness from water is renewed by the on-site application of a brine to the active softening or conditioning material contained therein, followed by a subsequent rinsing of the active softening or conditioning material. (eeee) "Serious violation" means any waste discharge that exceeds the effluent limitations for a Group II Pollutant, as specified in Appendix A to 40 CFR 123.45, by twenty percent (20%) or more or for a Group I Pollutant, as specified in Appendix Z to 40 CFR 123.45, by forty percent (40%) or more. (ffff) "Sewage" means the individual or community wastewater derived from residential, agricultural, commercial, or industrial sources. (gggg) "Sewer" means a conduit for removing waste matter and drainage water through mains and laterals within the public right-of-way or recorded utility easement, including appurtenances such as manholes and clean-outs. (hhhh) "Sewer factor" means a value used to calculate the sewer assessment fee based on the levels of BOD and TSS in a user's wastewater, and the estimated volume of the wastewater. If unknown, the volume of the wastewater may be estimated using the number of fixtures in the proposed building. (iiii) "Sewer service charge" means a fee applied to metered water use to obtain money for constructing and maintaining sewers and regional treatment plants, and for treating sewage which is discharged into the sewer system. (jjjj) "Sewerage facility" or "sewerage facilities" means any and all facilities used for collecting, conveying, pumping, treating, and disposing of sewage. (kkkk) "Shall" is mandatory. (llll) "Significant industrial user (SIU)" means: (1) All industrial users subject to categorical pretreatment standards covered under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and

(2) Any other industrial user that: Discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes 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; or is designated as such by the Administrator on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or pretreatment requirement (in accordance with 40 CFR 403.8(f)(6)). (mmmm) "Significant non-compliance" means a significant industrial user (or any industrial user which violates paragraphs (3), (4) or (8) below) is in significant non-compliance if its violation meets one (1) or more of the following criteria: (1) Chronic violations of wastewater discharge limit, defined here as those in which sixty-six percent (66%) or more of all measurements taken for the same pollutant parameter during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or pretreatment requirement, including instantaneous limits. (2) Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of the numeric pretreatment standard or pretreatment requirement including instantaneous limits, multiplied by the applicable TRC; (3) Any other discharge violation of a pretreatment standard or pretreatment requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering health of POTW personnel or the general public); (4) Any discharge of a pollutant that has caused endangerment to the human health, welfare or to the environment or has resulted in the Administrator's exercise of emergency authority to halt or prevent such a discharge; (5) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; (6) Failure to provide within forty-five (45) days after the due date, any reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (7) Failure to accurately report noncompliance; or (8) Any other violation or group of violations, which may include a violation of best management practices, which the Administrator or IEUA determines will adversely affect the operation or implementation of the local pretreatment program. (nnnn) "Single-family residential" means all developed parcels with one (1) single-family detached housing unit, and/or any residential unit that is served water by an individual water meter. (oooo) "Sludge" means any solid, semi-solid or liquid decant, substrate from any utility service, or pretreatment facility. (pppp) "Slug load" or "slug discharge" is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or NPDES permit conditions. (qqqq) "Spill containment" means a City approved protection system installed by the user to prevent the discharge of non-compatible pollutants into the sewer system. (rrrr) "State Water Resources Control Board" means the California Water Pollution Control Agency with overall pretreatment responsibility through delegation agreements with the EPA.

(ssss) "Technical review criteria (TRC)" is an EPA term that defines the magnitude of a discharge limit violation. To determine whether the TRC limit has been exceeded, one must multiply the daily maximum or average limit by the applicable federal value of 1.4 for conventional pollutants (BOD, TSS, fats, oils & greases) or 1.2 for all other pollutants except pH. (tttt) "Total suspended solids (TSS)" means the total matter that is suspended in water or wastewater and is expressed in milligrams per liter (mg/L). (uuuu) "Total toxic organics (TTO)" means the sum of all toxic organic compounds present in an industrial user's process discharge at concentrations greater than 0.01 mg/L and listed under 40 CFR Chapter I, Subchapter N. (vvvv) "Toxic organics management plan (TOMP)" or "solvent management plan (SMP)" means an organized strategy for keeping track of all solvents delivered to a site, their storage, generation, use, and disposal. A TOMP or SMP addresses both the prevention of toxic organics discharge to the sewerage system or the environment and the control of spills and leaks. It also ensures against the deliberate dumping of solvents. (wwww) "Toxic pollutant" means those pollutants or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis information available to the administration of EPA, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunction (including malfunctions in reproduction) or physical deformations, in such organism or their offspring. (xxxx) "Unpolluted water" means water to which no pollutant has been added either intentionally or accidentally. (yyyy) "Upset" means an exceptional incident in which there is unintentional and temporary non-compliance with discharge limit as specified on the user's permit because of factors beyond the reasonable control of the user. An "upset" does not include non-compliance to the extent caused by operational error, improperly designed pretreatment facilities, inadequate treatment devices, lack of preventative maintenance or careless or improper operation. (zzzz) "User" or "discharger" means any person, industry or establishment which discharges or causes to be discharged any wastewater directly or indirectly to the sewer system and shall also mean an owner or occupant whether private, governmental, or otherwise of a unit, building, premise or lot in the City. (aaaaa) "Volatile" means natural (plant or animal origin) or synthetic substances that are capable of being evaporated or changed to a vapor at relatively low temperatures. (bbbbb) "Waste manifest" means the receipt which is retained by the generator of hazardous wastes as required by the state and/or the federal government pursuant to RCRA or the California Hazardous Materials Act, or that receipt which is retained by the generator for recyclable wastes or non-hazardous wastes as required by the City. (ccccc) "Waste hauler" means any user carrying on or engaging in vehicular transport of waste. (ddddd) "Wastewater" or "waste" means any discarded substance in any form (liquid, semi-solid, solid or gaseous) that has the potential of being disposed of or entering the sewer. (eeeee) "Wastewater factor (WF)" means a value used to calculate the monthly sewer service charge based on the levels of BOD and TSS in a user's wastewater, and the estimated volume of the wastewater. The volume of the wastewater is estimated from the user's waste consumption using a fixed percentage. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 11, Ord. 2816, eff. December 1, 2005, § 2, Ord. 2945, eff. January 6, 2012, and § 2, Ord. 3190, eff. October 7, 2021)

Sec 6-7.107. Permit definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in permits issued under this chapter, shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes and are not intended to narrow the scope of definitions set forth in federal or state law or regulations. Words

used in this chapter in the singular may include the plural and the plural may include the singular. Use of masculine shall also mean feminine and neutral. (a) "Batch process" means a treatment process in which a tank or vessel is filled, the wastewater (or solution) is treated or checked to ensure that discharge standards are met, and is then released to the sewerage system. A batch process is intermittent, not continuous. (b) "Flammable liquid" means a liquid which by itself, or any component of it present in greater than one percent (1%) concentration, has a flashpoint below one hundred degrees Fahrenheit (100°F) or thirty-eight degrees Centigrade (38°C). (c) "Hazardous materials management plan" means a document prepared by an industry which contains copies of safety data sheets (SDS) as well as additional information regarding the storage, handling, and disposal of all chemicals used on site by the industry. (d) "Indirect discharge" means the release or introduction of pollutants into the City's sewerage system from any non-domestic source regulated under § 307(b), (c) or (d) of the Act, which may include septage. These discharges are subject to the City's Municipal Code. (e) "Industrial cost recovery (ICR)" means a charge to all users of the sewerage system equal to the portion of the federal grant used for the construction of the regional sewage treatment plant allocable to industrial users. (f) "Inspector" means a person authorized by the Administrator to inspect any development or facility that is discharging or has the potential to discharge wastewater into the sewerage system. (g) "Instantaneous maximum allowable discharge limit" means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. (h) "Maximum extent practicable (MEP)" means taking into account equitable considerations of synergistic, additive, and competing factors, including but not limited to, gravity of the problem, fiscal feasibility, public health risks, societal concern, and social benefits. (i) "Non-contact cooling water" means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product. (j) "Nonintegrated facility" means industrial sources that generate wastewaters from different categorical and non- categorical (ancillary) processes, but do not combine the wastestreams prior to pretreatment or discharge to the sanitary system. (k) "Non-reclaimable wastewater system (NRWS)" means a sewerage line that is owned and operated by IEUA primarily for the disposal of non-reclaimable wastewater (brine). (l) "Prohibition and discharge limits" means absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 6-7.201 of this chapter. (m) "Safety data sheets (SDS)" formerly known as material safety data sheets means a document normally developed by a chemical manufacturer or formulator, which provides pertinent information about a chemical substance or mixture. The SDS is required to be available to employees and inspectors when a chemical substance is used or found in the workplace. (n) "Sewer service connection fee" means a sewer fee consisting of a frontage fee, a capital facilities fee, one-time assessment fee, or a combination thereof. (o) "Single pass non-contact cooling water" means water that has no direct contact with any raw material or product, and which is used only once for the purpose of cooling, and then is discarded or discharged. (p) "Single pass non-contact heating water" means water that has no direct contact with any raw material or product, and which is used only once for the purpose of heating, and then is discarded or discharged. (§ 2, Ord. 3190, eff. October 7, 2021)

Sec 6-7.108. Protection from damage.

No person shall maliciously, willfully, or negligently break, damage, destroy, impair the usefulness, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the community sewer system. (§ 2, Ord. 3190, eff. October 7, 2021)

Sec 6-7.109. Falsifying information.

No person shall knowingly make false statements, representation, or certification in any application, record, report, plan, or other document provided to the City or required to be maintained pursuant to this chapter, or falsify, tamper with, or knowingly render any monitoring device or method required under this chapter. The reports and other documents required to be submitted or maintained by this chapter shall be subject to the provisions of 18 U.S.C. Section 1001 relating to fraud and false statements, Section 309(c)(4) of the Act, as amended, governing false statements, representation or certification and Section 309(c)(6) of the Act regarding authorized industrial representatives. (§ 2, Ord. 3190, eff. October 7, 2021)

Article 2. Prohibition and Discharge Limits

(a) General prohibitions. No user shall introduce or cause to be introduced into the sewerage system or POTW: any pollutant(s) or wastewater which causes pass-through or interference. These general prohibitions and the specific prohibitions listed below in paragraph (b) of this section apply to each user introducing pollutants into the sewerage system and the POTW whether or not the user is subject to other National Categorical Pretreatment Standards or any national, state, or local pretreatment requirements. (b) Specific prohibitions. No user shall introduce or cause to be introduced into the sewerage system or POTW the following pollutants, substances, or wastewater: (1) Fuels, gasoline, kerosene, naphtha, aromatics, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, esters, cyclic hydrocarbons, olefins, paraffin hydrocarbons, solvents, or any other liquid, solid or gas which causes or is capable of causing, either alone or by interaction with other substances, a fire or explosive hazard, impairment of the effective maintenance or operation of the POTW, or in any other way, may cause danger to the life or safety of any user, damage to private properties or the sewerage facilities in the City of Ontario or the POTW. Prohibited materials include, but are not limited to, any wastestream with a closed-cup flash-point of less than one hundred forty degrees Fahrenheit (140°F) or sixty degrees Centigrade (60°C) using the test methods specified in 40 CFR 261.21; by Federal Regulation 40 CFR 403.5 (b)(1); (2) Any discharge which, alone or in combination with other wastes, results or may result in the presence of toxic gases, vapors or fumes within the City of Ontario sewerage system or the POTW in quantities that cause or may cause acute worker health and safety problems; (3) Any discharge containing toxic or poisonous solids, liquids, or gases in such quantities that alone or in combination with other waste substances, may create a hazard for humans, animals or the local environment, interfere with any wastewater treatment process, cause a public nuisance, or cause any hazardous condition to occur in the sewerage system. Toxic pollutants shall include, but are not limited to, any pollutant identified pursuant to § 307(a) of the Act; (4) Any amount of a hazardous substance or toxic pollutant;

(5) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; (6) Any substance or matter which will cause corrosive damage to any structures, equipment, or other physical facilities of the wastewater collection system or pretreatment facility, but in no case discharges with a pH of less than