Ontario Municipal Code Art. 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)