Chapter 16.66 — HAULED LIQUID WASTE

The purpose of this chapter is to regulate the discharge of hauled liquid waste at the Palo Alto Regional Water Quality Control Plant (RWQCP).

(Ord. 5673 § 2 (part), 2025)

The following terms and phrases, whenever used in this chapter, shall be as defined herein.

“Chemical toilet waste” means human excrement and deodorizers collected from a portable chemical toilet.

“Cesspool” means a lined or partially lined underground pit into which raw sanitary sewage is discharged.

“City” means the City of Palo Alto located in the State of California.

“Director” means the city’s Director of Public Works, his or her designee, or such other person as may be designated by the city manager.

“Hauled liquid waste” means sewage collected from a septic tank, seepage pit, cesspool, chemical toilet, or other similar device.

“Hauled liquid waste discharge permit” means a permit issued by the Director, used as a control mechanism, which grants revocable permission and authorization to discharge hauled liquid waste to the receiving station.

“Hazardous material” means any material so designated by Title 17 of this code.

“Hazardous waste” means a material designated as a hazardous waste by federal, state, or local regulations.

“Industrial waste” means any waste so designated by Chapter 16.09.

“NPDES permit” means National Pollutant Discharge Elimination System Permit and controls water pollution by regulating point sources that discharge pollutants into waters of the United States.

“Person” means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local government entities.

“Publicly Owned Treatment Works” or “POTW” means a treatment works, as defined by Section 212 of the Clean Water Act (33 U.S.C. Section 1292), which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.

“Receiving station” means the location that has been identified by the Director as the authorized discharge point for hauled liquid wastes.

“RWQCP service area” means the cities of Los Altos, Mountain View, and Palo Alto; the town of Los Altos Hills; the East Palo Alto Sanitary District; and the unincorporated area of the County of Santa Clara where the Stanford University campus is located.

“Seepage pit” means a device comprised of one or more pits extending into porous strata, lined with open-jointed masonry or similar walls, capped and provided with a means of access such as a manhole cover and into which wastewater disposal system effluent is discharged.

“Sewage” means any material so designated by Chapter 16.09.

“Waste hauler” means any person engaged in the collection and transport of waste.

(Ord. 5673 § 2 (part), 2025)

Except as otherwise provided herein, the Director shall administer, implement and enforce the provisions of this chapter. The Director shall be responsible for promulgating such orders, rules, regulations and requirements as are necessary to accomplish the purpose of this chapter. Any powers granted to or duties imposed upon the Director may be delegated by the Director to a duly authorized city employee.

(Ord. 5673 § 2 (part), 2025)

(a) Hauled liquid waste may only be discharged at the receiving station.

(b) No waste hauler shall introduce or cause to be introduced into the receiving station the following pollutants, substances, or wastewater:

(1) Commercial or industrial process wastewater, industrial waste, hazardous materials, or hazardous waste;

(2) Stormwater, groundwater, or artesian well water, unless authorized by the Director;

(3) Wastes from soil boring or construction operations;

(4) Sludge, biosolids, or any other solid materials from sewage or water treatment plants;

(5) Grease, oil, or waste collected from grease control devices as defined byChapter 16.13;

(6) Any waste prohibited by Section 16.09.040 of this code; or

(7) Any waste collected from any property or location outside the RWQCP service area, unless authorized by the Director.

(Ord. 5673 § 2 (part), 2025)

(a) No person shall deliver or discharge hauled liquid wastes at the receiving station without first obtaining a hauled liquid waste discharge permit from the Director.

(b) Any violation of the terms and conditions of a hauled liquid waste discharge permit shall be deemed a violation of this chapter and shall subject the permittee to the enforcement provisions set forth in this chapter. Obtaining a hauled liquid waste discharge permit from the city does not relieve a permittee of its obligation to comply with all federal, state, or county waste hauling requirements or with any other applicable provisions of federal, state, and local law.

(c) No hauled liquid waste discharge permit is transferable without prior written consent of the Director. A change of ownership (including a transfer of the majority of shares in a corporate discharger) requires submittal of a new hauled liquid waste discharge permit application and payment of any applicable fees.

(d) The Director may impose terms and conditions or other provisions in hauled liquid waste discharge permits which the Director deems reasonable or necessary to carry out the purpose of this chapter.

(e) Issuance of a hauled liquid waste discharge permit establishes a conditional privilege to discharge. Issuance of a hauled liquid waste discharge permit does not create property rights, nor does it create a vested irrevocable right or privilege. The Director has the right to refuse any hauled liquid waste load.

(Ord. 5673 § 2 (part), 2025)

(a) An applicant for a hauled liquid waste discharge permit shall complete and submit a hauled liquid waste discharge permit application established by the Director. The Director may require information in addition to that required on the hauled liquid waste discharge permit application form as deemed reasonable or necessary to evaluate the hauled liquid discharge permit application.

(b) Completed hauled liquid waste discharge permit applications shall be filed by the discharger not less than ten calendar days in advance of commencing or recommencing discharge. The discharger shall not commence or recommence discharge prior to obtaining a hauled liquid waste discharge permit without specific, interim approval from the Director to discharge during the permitting process.

(c) The Director may deny any application for a hauled liquid waste discharge permit for good cause, including, but not limited to, the following reasons:

(1) The application contains false or misleading information;

(2) The application is not accompanied by the required fee(s);

(3) The issuance of the hauled liquid waste discharge permit would result in the discharge of wastes of such quantity or strength that the public

health, safety, or public or private property are endangered;

(4) The issuance of the hauled liquid waste discharge permit would cause the city to violate any NPDES permit conditions, or any federal,

state, or local laws or regulations;

(5) The applicant has not provided adequate information to establish that its discharge will comply with all requirements of this chapter and with

such other terms and conditions as the Director may deem necessary to include in the applicant's hauled liquid waste discharge permit;

(6) The applicant has failed to pay or has outstanding fees, fines, or penalties owed to the city related to activities governed by this chapter.

(d) If the Director denies the issuance of a hauled liquid waste discharge permit, any application fees paid shall not be returned to the applicant unless the Director has ascertained that a hauled liquid waste discharge permit is not required to discharge the waste for which the hauled liquid waste discharge permit application is made.

(e) Incomplete or inaccurate hauled liquid waste discharge permit applications will not be processed.

(Ord. 5673 § 2 (part), 2025)

Access to and use of the receiving station shall be granted only to vehicles possessing a valid permit issued by the Santa Clara County Department of Environmental Health in addition to a hauled liquid waste discharge permit approved by the Director.

(Ord. 5673 § 2 (part), 2025)

(a) The Director may conduct all inspection, surveillance, sampling, and monitoring necessary to assure compliance with applicable federal, state, and local regulations including this chapter.

(b) The city shall have the right by and through its officers, employees, or other persons engaged by the city to do so, to take such samples of hauled liquid waste delivered by any person to the receiving station as the city in its sole discretion may deem appropriate to obtain a representative sample of each delivery's contents. Such samples may be taken prior to, during, or after any such delivery or discharge. Without being limited thereto, results of analyses made of such samples at an accredited laboratory may be used to determine a permittee's compliance with the provisions of this chapter.

(c) The Director may require a waste hauler to provide representative sample and/or a representative waste analysis of any load prior to discharge.

(Ord. 5673 § 2 (part), 2025)

(a) The Director may require holders of hauled liquid waste discharge permits to submit reports to demonstrate or document compliance with this chapter.

(b) The Director may require information on a waste hauler’s operations in addition to that required in the hauled liquid waste discharge permit application or other reports to evaluate waste hauler compliance with the provisions of this chapter.

(c) The Director may establish an electronic submittal program for submission of reports, documents and data and require use thereof by holders of hauled liquid waste discharge permits.

(d) Waste haulers that send electronic (digital) documents to the Director to satisfy the requirements of this section must meet all federal, state, and local electronic signature requirements. Electronic data shall be in a format required by the Director. The Director may require reporting in both digital and traditional format.

(e) Nothing in an electronic submittal program established by the Director limits the use of the electronically submitted reports, documents, or data or any information contained therein as evidence in enforcement proceedings.

(f) Waste haulers shall comply with all reporting requirements established by the Director. A waste hauler’s failure to submit required reports, documents or data as required or by the specified submission deadline shall constitute a violation of the provisions of this chapter. The Director may allow submission of required reports, documents and/or data on the following business day in instances where the due date falls on a weekend or legal holiday.

(Ord. 5673 § 2 (part), 2025)

Waste haulers subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying without unreasonable delay, all records of information obtained pursuant to this chapter including, but not limited to, any required monitoring activities, any additional records of information obtained pursuant to monitoring activities undertaken by the discharger independent of such requirements, and documentation associated with best management practices. This includes electronic data and information records maintained and/or submitted in accordance with Section 16.66.090 of this chapter. All records required to be maintained by this chapter shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any pending investigation or enforcement of NPDES Permit conditions or where the discharger has been specifically notified of a longer retention period by the Director.

(Ord. 5673 § 2 (part), 2025)

No person shall deliver or discharge hauled liquid wastes at the receiving station unless such person, at his or her sole cost and expense, has and maintains in full force and effect the insurance policies, endorsements, certificates and/or binders required by the city.

(Ord. 5673 § 2 (part), 2025)

The Director may modify any hauled liquid waste discharge permit for good cause, including, but not limited to, the following reasons:

(a) To incorporate any new or revised federal, state, or local requirements;

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

(c) Information indicating that the permitted discharge poses a threat to the POTW, city personnel, or the receiving waters;

(d) Violation of any terms or conditions of the hauled liquid waste discharge permit;

(e) Misrepresentations or failure to fully disclose all relevant facts in the hauled liquid waste discharge permit application or in any required reporting;

(f) To correct typographical or other errors in the hauled liquid waste discharge permit;

(g) To reflect a transfer of the facility ownership or operation to a new owner or operator; or

(h) To implement programs or policies required or requested of the city by appropriate federal, state, or local regulatory agencies.

(Ord. 5673 § 2 (part), 2025)

(a) The Director may deny or suspend the use of the receiving station to any person who fails to comply with the orders, rules, regulations, and requirements adopted by the Director or the terms and conditions contained in a hauled liquid waste discharge permit.

(b) The Director may suspend or revoke a hauled liquid waste discharge permit indefinitely for good cause, including, but not limited to, the following reasons:

(1) Failure to complete a hauled liquid waste discharge permit application;

(2) Misrepresentation or failure to fully disclose all relevant facts in the hauled liquid waste discharge permit application;

(3) Knowingly or negligently providing false information on any hauled liquid waste discharge permit application, manifest, document, or other

record submitted to the RWQCP;

(4) Falsifying reports and certification statements;

(5) Failure to accurately complete reports or other paperwork required by the Director;

(6) Failure to provide a representative sample upon request;

(7) Tampering with monitoring equipment;

(8) Disposal of wastes originating outside the RWQCP service area without prior approval from the Director;

(9) Disposal of wastes at the receiving station in a manner which causes or threatens to cause undue mess to the receiving station;

(10) Disposal of wastes at any location other than the receiving station;

(11) Failure to pay fees, fines, or penalties;

(12) Failure to maintain a valid Environmental Health permit through the Santa Clara County Department of Environmental Health;

(13) Failure to provide advance notice of the transfer of business ownership;

(14) Violation of any term or condition of the hauled liquid waste discharge permit or any provision of this chapter; or

(15) Failure of the waste hauler to comply with the waste handling, disposal, and reporting requirements of the Santa Clara County Department

of Environmental Health.

(c) All hauled liquid waste discharge permits issued to a discharger are void upon the issuance of a new hauled liquid waste discharge permit to that discharger.

(Ord. 5673 § 2 (part), 2025)

(a) An applicant or permit holder shall have at its request, a hearing before the city manager, or his or her designee, to appeal a decision by the Director to deny the applicant’s discharge permit application, suspend, or revoke a discharger’s discharge permit.

(b) The Director shall give the applicant or permit holder written notice of intent to deny the applicant’s discharge permit application, suspend, or revoke a discharger’s discharge permit. The notice shall set forth specifically the grounds for the Director’s intention to deny the applicant’s discharge permit application, suspend, or revoke a discharger’s discharge permit and shall inform the applicant or permit holder that they have ten calendar days from the date of receipt of the notice to file a written request for a hearing with the Director. The application shall be denied or the permit shall be revoked, or suspended if a hearing request is not received by the Director within the ten-day period.

(c) If the applicant, permit holder, or interested party or parties file(s) a timely hearing request, the city manager, or his or her designee, shall within ten calendar days from the receipt of the request, set a time and place for the hearing. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues and to be represented by counsel. The decision of the city manager, or designee, whether to deny the applicant’s discharge permit application or to modify, make subject to additional terms, suspend, or revoke the discharger’s discharge permit shall be final.

(Ord. 5673 § 2 (part), 2025)

(a) Waste haulers shall attend orientation provided by the city prior to initial discharge but after permit issuance. All waste haulers are responsible for ensuring new drivers know where the receiving station is and how to use it, or to arrange for a city-provided orientation prior to discharge.

(Ord. 5673 § 2 (part), 2025)

(a) Warning. When the Director finds that a user has violated, or continues to violate, any provision of this chapter or a hauled liquid waste discharge permit, the Director may issue verbal or written warnings in response to minor violations of this chapter. Compliance with warnings does not limit further enforcement action by the city.

(b) Notice of violation. When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a hauled liquid waste discharge permit, or order issued hereunder, the Director may serve upon that discharger a written notice of violation (NOV). The NOV may include a deadline for the discharger to respond with an explanation of the violation and a plan for the satisfactory correction and prevention thereof. Submission of such a plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the NOV. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(c) Administrative citation. When the Director finds that a user has violated, or continues to violate, any provision of this chapter or a hauled liquid waste discharge permit, the Director may issue an administrative citation in accordance with the provisions contained in Chapter 1.12. Issuance of an administrative citation shall not be a bar against, or a prerequisite for, taking any other action against the person.

(d) Emergency suspension. The Director may immediately suspend any discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health, safety, or welfare of persons. The Director may also immediately suspend a discharger’s discharge that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment. Any discharger notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a discharger’s failure to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary to prevent or minimize damage to the POTW or endangerment to any persons. The Director may allow the discharger to recommence its discharge when the discharger has demonstrated to the satisfaction of the Director that the period of endangerment has passed.

(e) Civil penalties.

(1) Any person who has violated, or continues to violate any provision of this chapter or a hauled liquid waste discharge permit shall be liable to

the city for a maximum civil penalty of up to $25,000 per day for each day in which such violation occurs.

(2) The city may petition the Superior Court of California pursuant to Government Code Section 54740 to recover the sums in subsection (e)(1) of this section as well as reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

(3) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a discharger.

(f) Criminal penalties. As provided in Chapter 1.08, violations of the provisions of this chapter shall be subject to criminal penalties.

(g) Remedies nonexclusive. The remedies provided for in this chapter are cumulative and not exclusive, and shall be in addition to the provisions of Chapters 1.08, 1.12, and 1.16 of this code, and all other remedies available to the city under federal, state, or local law. The Director may take any, all, or any combination of these actions against a noncompliant discharger. The Director is empowered to take more than one enforcement action against any noncompliant discharger. Enforcement actions may be taken concurrently.

(Ord. 5673 § 2 (part), 2025)

(a) The city may adopt reasonable fees for reimbursement of costs of setting up and operating the city’s hauled liquid waste program, which may include:

(1) Fees for treatment and discharge of hauled liquid waste;

(2) Fees for hauled liquid waste discharge permit applications including the cost of processing such applications;

(3) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a waste hauler’s discharge, and

reviewing monitoring reports and certification statements submitted by waste haulers;

(4) Fees for filing appeals;

(5) Fees to recover administrative and other costs (not included in subsection (a)(2) of this section) associated with the enforcement activity

taken by the Director to address discharger noncompliance; and

(6) Other fees as the city may deem necessary to carry out the requirements of this chapter.

(Ord. 5673 § 2 (part), 2025)

The Director may suspend discharge of hauled liquid waste at the receiving station for a period of time deemed reasonable or necessary, for good cause including, but not limited to: RWQCP operational issues, concerns, or violations; emergencies; natural disasters; power failures; RWQCP maintenance or repair; excess flow entering the RWQCP; and weather conditions. Hauled liquid waste discharge permit holders shall have no recourse against the city for any reason including, but not limited to, economic loss incurred as a result of receiving station closure.

(Ord. 5673 § 2 (part), 2025)