Pacifica Municipal Code Art. 4 Administration

The Director is charged with responsibility for City's wastewater control program and the administration and enforcement of the provisions of this chapter.

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

In order to effectively administer and enforce the provisions of these regulations, the Director may require any discharger to comply with any or all the following requirements:

(a) Discharge reports. The Director may require discharge reports, including, but not limited to, questionnaires, technical reports, sampling reports, and test analyses, and periodic reports of wastewater discharge. When a report filed by a person pursuant to this section is not adequate in the judgment of the Director, he may require such person to supply such additional information as the Director deems necessary. The discharge report may include, but not be limited to, nature of the process, volume and rates of wastewater flow, elements, constituents, and characteristics of the wastewater, together with any information required in an application for wastewater discharge permit.

(b) Baseline monitoring report. Each categorical industrial user shall submit a baseline monitoring report (BMR). The requirements for a BMR, as described in 40 CFR 403.12(b) are hereby incorporated into these regulations. A BMR, if required, shall be reviewed by an authorized representative of the user, and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet the pretreatment standards and requirements.

(c) Periodic report of continued compliance. Any major categorical industrial user shall submit to the City twice annually, a report indicating the nature and concentration of the pollutants that are regulated by the CIU's Federal pretreatment standards. The report shall include the average and maximum daily flows. The City may determine during which months the CIU shall submit these reports.

(d) Compliance schedule for the installation of technology. The City may require each user to develop a compliance schedule for the installation of technology to meet applicable pretreatment standard or requirement. The compliance schedule for the installation of technology is not conditioned on the determination of violations. Progress reports for the compliance schedule shall be considered a requirement.

(e) Report on compliance with categorical deadline. Each categorical user shall submit a report within ninety (90) days after the final date for compliance, or upon commencement of discharge, whichever comes later, which contains flow and pollutant measurements, a certification of whether pretreatment standards are being met consistently, and if not, a description of needed additional operations and maintenance or pretreatment. The report on compliance with categorical deadline, if required, shall be reviewed by an authorized representative of the user, and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet the pretreatment standards and requirements.

(f) Notice of violation/resampling report. If sampling by a user indicates a violation, the user shall notify the City within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty (30) days of becoming aware of the violation, unless the City samples the user between the time of the initial sampling and the time when the user receives the results of this sampling. Within five (5) days of detecting such violation, the user shall, unless waived by the City, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.

(g) Slug control plan. The City may require a plan which outlines discharge practices, including non-routine batch discharges, describes stored chemicals, and contains procedures both to notify the City immediately of slug discharges and to prevent adverse impacts from any accidental spill.

(h) Notice of potential problems. All categorical and non-categorical industrial users shall notify the City immediately of all discharges that could cause problems to its wastewater treatment facility, including any slug loads by the industrial user.

(i) Notification of changed conditions. All industrial users shall promptly notify the City in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p), and immediate notification of any changes that affect the potential for a slug discharge.

(j) Notification of hazardous waste discharge.

(1) All industrial users discharging any substance which, if otherwise disposed of, would be a hazardous or acutely hazardous waste under 40 CFR 261, must comply with the reporting requirements of 40 CFR 403.12(p)(1) and (3) unless exempted under the provisions of 40 CFR 403.12(p)(2).

(2) In the case of any notification made under subsection (1) above, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. The City may accept a copy of a hazardous waste reduction or minimization plan otherwise required by law, as compliance with this requirement.

(k) Monitoring programs. The Director may require of dischargers such technical or monitoring programs, including the submission of periodic reports, as he deems necessary, provided that the burden, including costs, of such programs and reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained therefrom. The discharger shall pay the applicable City charge for the monitoring program, in addition to the wastewater disposal and other charges established by the City. The monitoring program may require the discharger to conduct a sampling and analysis program of a frequency and type specified by the Director or as required by the Federal General Pretreatment Regulations (40 CFR 403.5) to demonstrate compliance with prescribed wastewater discharge limits. The discharger may either:

(1) Conduct his own sampling and analysis program provided he demonstrates to the Director that he has the necessary qualifications and facilities to perform the work; or

(2) Engage a private consulting firm or laboratory, certified by the State of California, Department of Public Health.

(l) Additional monitoring report. If a significant industrial user monitors any regulated pollutant at the appropriate sampling location more frequently than required by the City, using approved sampling and analytical methods, the results of this monitoring shall be included in the subsequent self-monitoring report.

(m) Inspection facilities. The Director may require any non-residential discharger to construct, at his own expense, a sampling facility or inspection manhole together with necessary related measuring and sampling equipment. The sampling facility or inspection manhole shall be constructed on the side sewer of the discharger and within the public right-of-way at a location approved by the City; provided that the Director may permit the installation of such facilities on the premises of the discharger at a location which will permit City access to the facility at all times. Construction shall be completed within sixty (60) days of written notification from the Director, unless such time is extended by the Director for good cause. The Director may require the discharger to install such sampling facilities or inspection manholes on each side sewer.

(n) Pretreatment. Pretreatment systems or devices may be required by the Director to treat wastewater prior to discharge to the community sewer when it is necessary to restrict or prevent the discharge to the community sewer of wastewater having strength in violation of the prohibitions or exceeding the limits established by this chapter, or to distribute wastewater discharges over a period of time. All pretreatment systems or devices shall be approved by the Director but such approval shall not relieve a discharger of the responsibility for taking all steps necessary to comply with wastewater limitations established by the City. All required pretreatment equipment shall be installed and operated at the discharger's expense. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City.

(o) Protection from accidental or slug discharge. Each discharger shall provide protection from accidental or slug discharge of prohibited materials or other wastes regulated by this chapter. Such facilities shall be provided and maintained at the discharger's expense. These facilities shall be approved by the Director, but such approval shall not relieve the discharger from the responsibility of modifying the facilities to provide the protection necessary to meet the requirements of this section.

(p) Representative data. All data submitted in reports or applications shall be representative of conditions during the reporting period.

(q) [Other reports.] Any other reports, as deemed necessary by the City, to determine a user's compliance status with local, State and Federal limits or requirements.

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

(a) All reports and/or permit applications received and/or required under these regulations, including BMR, reports on compliance with categorical standard deadlines (ninety-day compliance reports) and periodic reports on continued compliance, shall be signed:

(1) By a responsible corporate officer, if the user submitting the reports is a corporation. For the purpose of this paragraph, a responsible corporate officer means:

a. A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

b. The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding Twenty-Five Million and no/00 ($25,000,000.00) Dollars (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) By a general partner or proprietor if the user submitting the reports is a partnership or sole proprietorship, respectively;

(3) By a duly authorized representative of the individual designated in paragraph (1) or (2) of this section if:

a. The authorization is made in writing by the individual designated in paragraph (1) or (2);

b. 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; and

c. The written authorization is submitted to the City.

(4) If an authorization under paragraph (a)(3) of this section 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 paragraph (a)(3) of this section must be submitted to the District prior to or together with any reports to be signed by an authorized representative.

(b) Reports and applications must include 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 assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

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

All records, including, but not limited to, all information resulting from any monitoring activities, discharge reports, permits, self-monitoring data, pretreatment system process control logs, documentation of compliance with BMP requirements, and relevant correspondence (whether or not required by these regulations) must be maintained by the user for a period of not less than three (3) years. Monitoring records shall be included for all samples as specified in 40 CFR 403.12(o)(1). All such records shall be made available for inspection and copying by a duly authorized representative of the District or any other governmental entity having jurisdiction. The retention period may be extended in the case of unresolved litigation or at any time at the request of the District, the State or U.S. EPA.

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

(a) The method and procedures utilized for all analyses which are reported under the requirements of these regulations shall be as specified by the provisions of 40 CFR Part 136.

(b) The methods and procedures utilized for all sampling performed and/or reported under the requirements of this regulation shall be as specified by the provisions of 40 CFR Part 136.

(c) If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by U.S. EPA.

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

At an interval of not less than once per year, the City will publish the identities of any users that are found to be in significant non-compliance of any National pretreatment standard, discharge limitation or prohibition, or any other requirement of these regulations. The definition of significant non-compliance shall be as specified in Section 6-13.103. The publication shall occur in a newspaper of general circulation that provides meaningful public notice within the service area of the City.

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

When requested by the person furnishing a report or permit application or questionnaire, the portions of the report, or other document, which might disclose trade secrets or secret processes shall not be made available for inspection by the public, unless required by law or court order, but shall be made available to governmental agencies including the U.S. EPA, the State, and the District in judicial review or enforcement proceedings involving the person furnishing the report. All confidential information in connection with Federal pretreatment standards shall comply with Section 6-13.207.

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

The City may inspect the facilities of any discharger to ascertain whether the provisions of this chapter are being met and the wastewater discharge limits are being complied with. Dischargers shall allow the City or its representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection or sampling or in the performance of any of their duties. Where a discharger has security measures which would require proper identification and clearance before entry into their premises, the user shall make arrangements with their security personnel so that, upon presentation of proper identification, City personnel will be permitted to enter without delay for the purposes of performing their specific responsibilities. Such inspection shall be made with the consent of the owner or possessor of such facilities. If the City has been refused access to any part of a discharger's facility, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of the routine inspection and sampling program of the City, then the Director may seek issuance of an inspection warrant or a search warrant, duly issued pursuant to the procedures set forth in Title 13 (commencing with Section 1822.5) of Part 3 of Code of Civil Procedure; provided, however, that in the event of an emergency affecting the public health or safety such inspection may be made without consent or the issuance of a warrant. To verify the wastewater flows and strengths reported by dischargers or to determine compliance with this chapter, inspection, measurement, and sampling may be conducted from time to time by the City. The City shall have the right to install, maintain, and operate necessary sampling and measuring equipment on the premises of discharger.

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

Dischargers will be assigned a business classification code and informed of the applicable prohibitions, limits or conditions, and the applicable rates and charges, governing wastewater disposal service at the time of application for water service. All nonresidential dischargers seeking a new side sewer connection to a community sewer and any new discharger requiring information prior to applying for water service should contact the Director. The City will inform the discharger of the regulations governing wastewater disposal service and the applicability of requirements for inspection, sampling, or pretreatment facilities.

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