Division 5 — INDUSTRIAL WASTEWATER DISCHARGE PERMIT SYSTEM

SEC. 19-50. INDUSTRIAL WASTEWATER ANALYSIS.

When requested by the city manager, an industrial user shall submit information on the nature and characteristics of its wastewater within 30 days of the request. The city manager is authorized to prepare a form for this purpose and may periodically require industrial users to update this information.

(`64 Code, Sec. 25-32) (Ord. No. 2494)

SEC. 19-51. INDUSTRIAL WASTEWATER DISCHARGE PERMIT REQUIREMENTS.

(A) No non-domestic user shall discharge or cause to be discharged wastewater, either directly or indirectly, into the system without first obtaining an IWD permit from the city manager. All non-domestic users, including, but not limited to, SIUs, CIUs, commercial and industrial laundromats, food service establishments, automotive-related businesses, and dental dischargers, are required to maintain a current industrial wastewater discharge permit.

(B) The city manager may require other users to obtain an IWD permit as necessary to carry out the purposes of this article.

(C) Any violation of the terms and conditions of an IWD permit shall be deemed a violation of this article and subjects the user to the sanctions set out in divisions 8 through 10 of this article. Obtaining an IWD permit does not relieve an industrial user of its obligation to comply with all federal and State pretreatment standards or requirements or with any other requirements of federal, State and local law.

(`64 Code, Sec. 25-33) (Ord. No. 2494, 2997)

SEC. 19-52. CONNECTIONS.

Any user required to obtain an IWD permit that proposes to begin or recommence discharging into the system shall obtain such permit prior to beginning or recommencing such discharge. An application for an IWD permit, in accordance with sections 19-53 and 19-55 of this article, shall be filed at least 90 days prior to the date upon which any discharge will begin or recommence.

(`64 Code, Sec. 25-34) (Ord. No. 2494)

SEC. 19-53. EXTRA-JURISDICTIONAL INDUSTRIAL USERS.

New users located beyond the city limits that are required to obtain an IWD permit shall submit a permit application to the city manager 90 days prior to any proposed discharge into the system. Upon review of such application, the city manager may enter into an agreement with the user that requires the user to subject itself to and abide by this article, including all permitting, compliance monitoring, reporting, and enforcement provisions herein. Alternately, the city manager may enter into an agreement with the neighboring jurisdiction in which the user is located to provide for the implementation and enforcement of pretreatment program requirements against the user.

(`64 Code, Sec. 25-35) (Ord. No. 2494)

SEC. 19-54. INDUSTRIAL WASTEWATER DISCHARGE PERMIT APPLICATION CONTENTS.

(A) All users required to obtain an IWD permit shall submit a permit application to the city manager at least 90 days before any proposed discharge. The city manager may require any user to submit as part of an application the following information:

(1)  All information required by section 19-71(C) of this article;

(2) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility that are, or could accidentally or intentionally be, discharged to the system;

(3) Number and type of employees, hours of operation, and proposed or actual hours of operation;

(4) Each product produced by type, amount, process or processes and rate of production;

(5)  Type and amount of raw materials processed (average and maximum per day);

(6)  Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all

points of discharge;

(7)  Time and duration of the discharge; and

(8) Any other relevant information deemed necessary by the city manager to evaluate the application.

(B) Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(`64 Code, Sec. 25-36) (Ord. No. 2494)

SEC. 19-55. APPLICATION SIGNATORIES AND CERTIFICATION.

All IWD permit applications shall be signed by an authorized representative of the user and contain the following certification statement:

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure 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.”

(`64 Code, Sec. 25-37) (Ord. No. 2494)

SEC. 19-56. DECISIONS.

The city manager will evaluate the data furnished by the user and may require additional information. Within 60 days of receipt of a complete permit application, the city manager will determine whether or not to issue an IWD permit. The city manager may deny any application for an IWD permit, for good cause.

(`64 Code, Sec. 25-38) (Ord. No. 2494)

SEC. 19-57. DURATION.

IWD permits shall be issued for a specified time period, not to exceed five years. An IWD permit may be issued for a period less than five years, at the discretion of the city manager. Each IWD permit shall indicate a specific date of expiration.

(`64 Code, Sec. 25-39) (Ord. No. 2494)

SEC. 19-58. CONTENTS.

(A) An IWD permit shall include such conditions as are reasonably deemed necessary by the city manager to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate biosolids management and reuse, and protect against damage to the system.

(B) IWD permits shall contain:

(1) A statement of the duration of the permit, which in no event shall exceed five years;

(2) A statement that the permit is nontransferable without prior notification to and approval of the city manager in accordance with section19-61, and provisions for furnishing the new owner or operator with a copy of the existing permit;

(3)  Effluent limits, including BMPs based on applicable pretreatment standards;

(4)  Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be

monitored, sampling location, sampling frequency, and sample type based on federal, State and local law;

(5) A statement of applicable civil, criminal and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance

schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, State or local law; and

(6)  Requirements to control slug discharge, if determined by the city manager to be necessary.

(C) IWD permits may contain additions as the city manager deems necessary, including, but not limited to, the following conditions:

(1)  Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

(2)  Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce,

eliminate, or prevent the introduction of pollutants into the system;

(3)  Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to

adequately prevent accidental, unanticipated, or non-routine discharges;

(4)  Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the system;

(5)  Requirements for installation and maintenance of inspection and sampling, facilities and equipment;

(6) A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable federal and State pretreatment

standards, including those that become effective during the term of the permit; and

(7)  Other conditions as deemed appropriate by the city manager to ensure compliance with this article, and State and federal laws, rules and regulations.

(`64 Code, Sec. 25-40) (Ord. No. 2494, 2761)

SEC. 19-59. APPEALS.

(A) Any person, including the user, may petition the city to reconsider the terms of an IWD permit by filing a petition for reconsideration with the city clerk within ten days of its issuance.

(B) Failure to submit a timely petition for reconsideration shall be deemed to be a waiver of the administrative remedy.

(C) The petition for reconsideration shall set out the permit provisions objected to, the reasons for this objection, and the proposed alternative condition, if any, the petitioner seeks to be included in the permit.

(D) The conditions and provisions of the permit objected to by the user shall not be stayed pending a hearing on the petition.

(E) If the city manager fails to act within 45 days, the petition shall be deemed approved. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative actions.

(F) Parties seeking judicial review of such final administrative petitions shall comply with the requirements set out in Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.

(`64 Code, Sec. 25-41) (Ord. No. 2494)

SEC. 19-60. MODIFICATION.

(A) The city manager may modify a permit for good cause.

(B) Good cause includes, but is not limited to, the following reasons:

(1) To incorporate any new or revised federal, State or local pretreatment standards or requirements;

(2) To address significant alterations or additions to the user's operation, processes, or wastewater volume or characteristic since the time of permit issuance;

(3) A change in the system that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(4)  Information indicating that the permitted discharge poses a threat to the system, city employees, or the receiving waters;

(5)  Violation of any terms or conditions of the permit;

(6)  Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting;

(7)  Revision of or a grant of variance from categorical pretreatment standard pursuant to 40 CFR Part 403.13;

(8) To correct typographical or other errors in the permit; or

(9) To reflect transfer of the facility ownership and/or operation to a new owner/operator.

(`64 Code, Sec. 25-42) (Ord. No. 2494)

SEC. 19-61. TRANSFER.

(A) IWD permits may be transferred to a new owner or operator only if the permittee gives at least 30 days advance notice to the city manager and the city manager approves the transfer. The notice shall include a written certification by the new owner or operator that:

(1) The new owner and/or operator has no immediate intent to change the facility's operations and processes;

(2)  Identifies the specific date on which the transfer is to occur; and

(3)  Acknowledges full responsibility for complying with the existing permit.

(B) Failure to provide advance notice of a transfer renders the permit void as of the date of facility transfer.

(`64 Code, Sec. 25-43) (Ord. No. 2494)

SEC. 19-62. REVOCATION.

(A) The city manager may revoke an IWD permit for good cause, including, but not limited to, the following reasons:

(1)  Failure to notify the city manager of significant changes to the wastewater prior to the changed discharge;

(2)  Failure to provide prior notification to the city manager of changed conditions pursuant to section19-75 of this article;

(3)  Misrepresentation or failure to fully disclose all relevant facts in the permit application;

(4)  Falsifying self-monitoring reports;

(5)  Tampering with monitoring equipment;

(6)  Refusing to allow the city manager timely access to the facility premises and records;

(7)  Failure to meet effluent limitations;

(8)  Failure to pay fines;

(9) Failure to pay sewer use charges;

(10)  Failure to meet compliance schedules;

(11)  Failure to complete a wastewater survey or the permit application;

(12)  Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

(13)  Violation of any pretreatment standard or requirement, or any terms of the permit or this article.

(B) IWD permits shall be voidable upon cessation of operations or transfer of business ownership. All IWD permits issued to a particular user are void upon the issuance of a new IWD permit to that user.

(`64 Code, Sec. 25-44) (Ord. No. 2494)

SEC. 19-63. REISSUANCE.

A user holding an expiring IWD permit shall apply for reissuance of the permit by submitting a complete IWD permit application in accordance with sections19-54 and 19-55 of this article, at least 90 days prior to the expiration of the user's existing permit.

(`64 Code, Sec. 25-45) (Ord. No. 2494)

SEC. 19-64. CONTINUATION OF EXPIRED INDUSTRIAL WASTEWATER DISCHARGE PERMITS.

An expired IWD permit will continue to be effective and enforceable until the permit is reissued if:

(A) The user has submitted a complete IWD permit application at least 90 days prior to the expiration date of the user's existing permit; and

(B) The failure to reissue the IWD permit before the expiration of the existing permit is not due to any act or failure to act on the part of the user.

(`64 Code, Sec. 25-46) (Ord. No. 2494)

SEC. 19-65. MUNICIPAL USER PERMITS.

(A) If another legal jurisdiction outside the city, or user located within another legal jurisdiction outside the system, contributes wastewater to the system, the city manager shall enter into an agreement for wastewater services with the municipality or users pursuant to section 19-53 of this article.

(B) Prior to entering into an agreement required by subsection (A) of this section, the city manager shall request the following information from the contributing municipality:

(1) A description of the quality and volume of wastewater discharged to the system by the contributing municipality;

(2) An inventory of all users within the contributing municipality that are discharging to the system; and

(3) Any other information as the city manager may deem necessary.

(C) An agreement, as required by subsection (A) of this section, shall contain the following conditions:

(1) A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits that are at least as

stringent as those established under authority of section 19-26. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to this article or local limits;

(2) A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

(3) A provision specifying which pretreatment implementation activities, including IWD permit issuance, inspection and sampling, and enforcement will be conducted by the contributing municipality; which of these will be conducted by the city manager; and which of these activities will be conducted jointly by the contributing municipality and the city manager;

(4) A requirement for the contributing municipality to provide the city manager with access to all information that the contributing municipality obtains as part of its

pretreatment activities;

(5)  Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the system;

(6)  Requirements for monitoring the contributing municipality's discharge;

(7) A provision ensuring the city manager access to the facilities of users located in the contributing municipality's jurisdictional boundaries for the purpose of

inspecting, sampling, and any other duties deemed necessary by the city manager; and

(8) A provision specifying remedies for breach of the terms of the agreement.

(`64 Code, Sec. 25-47) (Ord. No. 2494)