Pacifica Municipal Code Art. 3 Wastewater Discharge Permits

All dischargers, other than residential, whose wastewater requires special regulation or contains industrial wastes requiring source control shall secure a wastewater discharge permit.

(a) Mandatory permits. All dischargers in the following categories must obtain a wastewater discharge permit:

(1) Significant industrial users.

(2) Dischargers determined by the Director to require a permit to establish wastewater disposal charges based on flow and waste strength. These may include:

a. Dischargers whose average wastewater strength cannot be established on a business classification basis, because of seasonal or other variations in operations.

b. Dischargers whose wastewater strength exceeds the normal range of wastewater strength for the business classification code to which the discharger is assigned.

c. Dischargers using an unmetered source of water.

(3) Other dischargers determined by the Director to require individual or general permits as necessary to carry out the purposes of this chapter.

(b) Optional permits. The Director may issue wastewater discharge permits to any discharger after application in accordance with the terms of this article, in the following categories:

(1) A discharger who requests a City estimation of wastewater flow because a significant amount of the metered water consumption is not being discharged to a community sewer. For the purposes of this chapter, any diversion shown to be more than twenty (20%) percent of the metered consumption shall qualify for an optional permit. Other dischargers who can demonstrate a significant diversion may request a permit, which shall be subject to approval by the Director.

(2) Any person whose discharge is less than the normal range of wastewater strength for the business classification code to which he is assigned because of pretreatment, process changes, or other reasons.

(§ 1(Exh. A), Ord. 784 C.S., eff. December 28, 2011)

Dischargers seeking a wastewater discharge permit shall complete and file with the Director a City application form, accompanied by the applicable City fees. New dischargers shall file applications sixty (60) days prior to commencement of discharges and existing dischargers shall file applications within thirty (30) days of notification by the Director, unless such time is extended for good cause. The application may require the following information:

(a) Name, site address, and mailing address (if different than site address) of business;

(b) Estimated wastewater strength;

(c) Estimated wastewater flow, average and peak wastewater discharge flow for each side sewer;

(d) Locations of side sewers, sampling points, and pretreatment facilities;

(e) Description of activity, facilities, and plant process on the premises, including raw materials, processes and types of materials which are or could be discharged;

(f) Total product produced, by type;

(g) Number and type of employees;

(h) Days and hours of operation and days and hours of discharge;

(i) Slug control plan which outlines discharge practices (including non-routine batch discharges), describes stored chemicals, and contains procedures both to notify the district immediately of slug discharges and to prevent adverse impacts from any accidental spill; and

(j) Any other information the Director shall deem necessary to evaluate the permit application.

(§ 1(Exh. A), Ord. 784 C.S., eff. December 28, 2011)

(a) Terms. All wastewater discharge permits shall be subject to all provisions of this chapter and all rates and charges established by the City. All permits issued to significant industrial users shall be issued for a specified time period, not to exceed five (5) years. The Director may establish renewal dates up to sixty (60) months for significant industrial user permits. The time period for all other permits shall be as determined by the Director, and may include permits with no expiration date, provided that the Director may revise or terminate any permit as provided in Sections 6-13.304 and 6-13.306. Applications for permit renewal shall be submitted to the City at a minimum of sixty (60) days prior to expiration.

(b) Conditions. Wastewater discharge permits may contain any or all of the following conditions:

(1) Limits on rate and time of discharge or requirements for flow regulation and equalization.

(2) Requirements for inspection and sampling facilities, including City access to such facilities.

(3) Monitoring program which may include: Sampling locations; frequency and method of sampling; number, types and standard of tests; and establishing a reporting schedule. The discharger assigned a monitoring program in conformance with this chapter shall pay all applicable City charges.

(4) Submission of technical reports or discharge reports, including, but not limited to, reports described in Section 6-13.402, or any report required by 40 CFR 403.12.

(5) Maintenance of plant records relating to wastewater discharges, as specified by the Director, and affording City access thereto.

(6) A statement of applicable penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule.

(7) Requirements for the development and implementation of pollution prevention plans to reduce the amount of pollutants discharged to the City's treatment plant.

(8) Notification requirements including immediate notification of any changes that affect the potential for a slug discharge.

(9) 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.

(10) Installation of technology, as specified by the Director.

(11) Requirements to implement best management practices.

(12) Other conditions as deemed appropriate by the Director to ensure compliance with this chapter or the terms and conditions of the permit.

(§ 1(Exh. A), Ord. 784 C.S., eff. December 28, 2011)

The City may change the terms and conditions of a wastewater discharge permit, including changing the average limits on the elements of wastewater strength, from time to time as circumstances may require. The City shall allow a discharger reasonable time to comply with any City required changes in the permit except that a change in average limits of wastewater strength shall immediately affect calculation of any wastewater disposal fees or charges imposed pursuant to Chapter 6 of this title. A person whose permit is changes pursuant to this section may appeal the change as provided for in Section 6-13.501(e).

(§ 1(Exh. A), Ord. 784 C.S., eff. December 28, 2011)

A wastewater discharge permit shall not be assigned or transferred.

(§ 1(Exh. A), Ord. 784 C.S., eff. December 28, 2011)

The Director may terminate any wastewater discharge permit for violation of the terms and conditions of the permit or the provisions of this chapter. A discharger whose permit has been terminated may appeal the decision pursuant to Section 6-13.501(e), except that a decision to terminate a permit will be stayed during the appeal process.

A discharger whose permit has been terminated, and chooses not to appeal or whose appeal has been denied, shall apply for a new permit within thirty (30) days of notice of termination or the notice of the final ruling on the appeal.

Any discharger whose permit has been terminated shall continue to pay wastewater disposal charges imposed pursuant to Chapter 6 of this title based upon his former permit or on his assigned business classification code, whichever is higher, until a new permit has been applied for, approved, and issued.

(§ 1(Exh. A), Ord. 784 C.S., eff. December 28, 2011)