Petaluma Municipal Code Ch. 15.52 Sewer Use Discharge Permits

The city shall classify all nonresidential users either by assigning each one to a user classiWcation according to the

principal activity conducted on the user’s premises, by the analysis of the individual user, or by a combination

thereof. The purpose of such collective and/or individual classiWcation is to facilitate the regulation of wastewater

discharges based on wastewater constituents and characteristics, to provide an e[ective means of source control,

and to establish a system of charges and fees which will ensure an equitable recovery of the city’s costs.

Each user shall initially be classiWed as either a signiWcant industrial user subject to the requirements of the federal

pretreatment program or a minor user (commercial or nondomestic) that is not subject to the federal

pretreatment program requirements. Minor users may be further classiWed by like business activity or by the

similarity of waste discharge characteristics. Each minor user within a user class shall have the same pretreatment,

monitoring, and record keeping requirements. Minor users may be exempted from the permit requirements of

this chapter at the discretion of the city if they are known to discharge only domestic sewage (as deWned). (Ord.

2282 NCS §3, 2007.)

Sewer use permits issued by the city are required for speciWc categories of users as follows:

A. Permitted Industrial User Permits. All industrial users and industries using/discharging EPA priority pollutants

proposing to connect to or to contribute to the community sewers and the POTW shall obtain an industrial use

permit before connecting to or contributing to the community sewers. All existing industrial users and industries

using/discharging priority pollutants shall obtain wastewater discharge permits within ninety days of the e[ective

date of the ordinance codiWed in these Chapters 15.44 through 15.76 to the extent said industry or industrial user

does not have a valid permit on the e[ective date of the ordinance codiWed in this part. The city in its discretion

may determine that certain industrial users qualify as minor users which may be exempted from this permit

requirement or provide a permit with more limited discharge requirements.

B. Ground Water Remediation Permits. All users proposing to discharge contaminated ground water from a

ground water remediation project shall obtain an industrial user permit for the remediation project.

C. Special Discharge Permits. All users proposing to discharge domestic or nonhazardous wastes not in violation

of the prohibitions of Sections 15.48.010, 15.48.020 and 15.48.030 from sources not connected to the city sewer

shall obtain a special discharge permit.

D. Septic Waste Hauler Permits. All septic waste haulers proposing to discharge to the city sewer must obtain a

permit prior to discharging any waste.

E. Garbage Grinder Permits. The city may require nondomestic discharges to community sewers that make use of

garbage grinders to obtain a permit for such use in lieu of a prohibition where such use is compatible with the

proper operation of community sewers.

F. Other Sewer Use Permits. The city may from time to time employ the use of other permits to implement the

prohibition and control measures set forth in this part in lieu of strict prohibitions.

(Ord. 2282 NCS §3, 2007.)

Users required to obtain any form of a sewer use permit shall complete and Wle with the city a permit application

accompanied by the application fees. Proposed new industrial users shall apply, at a minimum, sixty days prior to

connecting to or contributing to the community sewers and the POTW. Applicants for other forms of sewer use

permits, including minor industrial users, shall apply, at a minimum, thirty days prior to contributing wastes to the

community sewer system. Applicants for an industrial user permit may be required to submit, in units and terms

appropriate for the evaluation, but not limited to, the following information:

A. Name, address and user classiWcation number (SIC) of the applicant.

B. Water sources, meter numbers and locations, and volume used from each source.

C. Volume of wastewater to be discharged.

D. Wastewater constituents and characteristics including but not limited to those mentioned in these regulations

as veriWed by a certiWed laboratory.

E. Time and duration of discharge.

F. Average and maximum wastewater Xow rates, including daily, monthly and seasonal variations, if any.

G. Site plans, Xoor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by

size, location and elevation.

H. Description of activities, facilities and plant processes on the premises including all materials, processes and

types of material which are or could be discharged.

I. Each product produced by type, amount and rate of production.

J. Number and type of employees, and hours of work.

K. Industrial users of the POTW shall design, construct, operate, and maintain wastewater pretreatment facilities

when necessary to reduce or modify the user’s wastewater composition to achieve compliance with the limitations

in wastewater strength set forth in Chapter 15.48, to meet applicable pretreatment standards, to prevent slug

discharges or to meet any other wastewater condition or limitation contained in the industrial user’s wastewater

discharge permit.

L. If applicable, plans and speciWcations for wastewater monitoring and pretreatment facilities shall be

prepared, signed, dated, and sealed by a California professional registered engineer, and be submitted to the city

for review in accordance with accepted engineering practices. Prior to beginning construction of a monitoring or

pretreatment facility, the user shall submit a set of construction plans to be maintained by the department of

water resources and conservation. Prior to beginning construction, the industrial user shall also secure building,

plumbing and all other required permits.

The industrial user shall construct the pretreatment facility within the time provided in the industrial user’s

wastewater discharge permit. Following completion of construction, the industrial user shall provide the city with

as-built drawings to be maintained by the department of public works and utilities. The review of the facilities is

necessary to produce an eZuent complying with the provisions set forth in Chapter 15.48. Any subsequent

changes in the pretreatment facilities or methods of operation shall be reported to and approved by the city prior

to implementation.

M. Slug discharge control plan.

N. Chemical or solvent management plans.

O. Waste minimization plans.

P. Any other information as may be deemed by the city to be necessary to evaluate the permit application.

The city will evaluate the data furnished by the user and may require additional information. After evaluation and

approval of all data required, the city may issue an industrial user permit. Applicants for a sewer use permit other

than for an industrial user permit shall submit the information deemed required by the city to appropriately

evaluate that applicant’s sewer use permit application. The holder of all permits issued hereunder shall be subject

at all times to all applicable federal, state and local laws and regulations. (Ord. 2472 NCS §2, 2013; Ord. 2282 NCS

§3, 2007.)

Under the following circumstances a new or amended sewer use permit application must be Wled with the city:

A. Upon change of ownership of the property served.

B. Upon change of occupancy.

C. Ninety days prior to expiration of the current permit.

D. Upon change of any activity resulting in change in type of industrial wastewater or other nondomestic sewage

to be contributed to the system.

The holders of all permits issued shall be subject at all times to all applicable federal, state, and local laws and

regulations. At no time and in no way shall the holder of any permit acquire, or be regarded as having acquired, a

vested or continuing right to maintain, or to have continued, any connection to the city sanitary sewer. (Ord. 2282

NCS §3, 2007.)

Sewer use permits shall be subject to all provisions of these Chapters 15.44 through 15.76, user fees established

by the city and all other standards and requirements. The conditions of sewer use permits shall be uniformly

enforced by the city in accordance with these regulations and applicable federal and state regulations. Permits

may contain restrictions and requirements including but not limited to the following:

A. EZuent limitations as required by Chapter 15.48 (including all aspects of this section, prohibitions, local limits,

and BMPs) or to meet pretreatment standards. This section also includes a description of process and non-process

wastewater discharges, outfall description, sampling location, composite sampling and grab sampling description,

peak Xow requirements, and general discharge standards.

B. Monitoring requirements including an identiWcation of the pollutants to be monitored (including the process

for seeking a waiver for a pollutant neither present nor expected to be present in the discharge in accordance with

40 CFR 403.12(e)(2), or a speciWc waived pollutant), frequency, sampling location and sample type. All sampling and

analytical methods shall be performed in accordance with 40 CFR 136.

C. Reporting requirements including self-monitoring reports, reporting additional monitoring, automatic

retesting, accidental discharge or process upset or bypass reporting, city contact information, and declaration of

authorized representative.

D. Special conditions such as the design, construction and operation of a pretreatment system, development

and implementation of slug discharge control plan and notiWcation of slug discharges, and changes at the facility

a[ecting the potential for a slug discharge.

E. Standard permit conditions including the following:

1. General conditions such as severability, duty to comply, duty to mitigate, permit modiWcation, permit

termination, permit appeals, property rights, limitation on permit transfer, continuation of expired permits, or

any other conditions as deemed necessary by the city.

2. DeWnitions such as bypass, composite sample, noncontact cooling water, contact cooling water, daily

maximum, fat oil and grease, grab sample, instantaneous maximum concentration, monthly average, production line, slug discharge, upset, signiWcant noncompliance and compliance with applicable

pretreatment standards, or any other deWnition as deemed necessary by the city.

3. Operation and maintenance including proper operation and maintenance, duty to halt or reduce activity,

bypass of treatment facilities, and handling of removed substances.

4. Monitoring and record keeping including representative samples, Xow measurement, analytical methods

to demonstrate compliance, city monitoring (inspection, sampling, obstruction), record retention, record

contents, planned changes, anticipated noncompliance, duty to provide information.

5. Enforcement, including a deWnition for falsifying information, annual publication of facilities in signiWcant

noncompliance, civil and criminal liability, penalties for violations of permit conditions, and recovery of costs

incurred by the city.

F. Compliance schedules with requirements for reporting progress.

G. Requirements for submission of technical reports, progress reports or discharge reports.

H. Requirements for notiWcation of the city before any new introduction of wastewater constituents or any

substantial change in the volume or character of the wastewater constituents being introduced into the

wastewater treatment system.

I. Denials or conditions for new or increased contributions of pollutants, or changes in the nature of pollutants,

to the community sewers or the POTW by industrial users where such contributions do not meet applicable

pretreatment standards and requirements, potentially cause interference or where such contributions would

cause or contribute to the POTW to violate its NPDES permit.

J. Requirements for notiWcation of slug discharges.

K. Limits for incompatible pollutants (those not amenable to treatment) present in the user’s wastewater

discharge.

L. Requirements for the development and implementation of waste minimization plans.

M. Other conditions or requirements as deemed appropriate by the city to ensure compliance with these

regulations including but not limited to nuisance abatement.

(Ord. 2402 NCS §2, 2011; Ord. 2282 NCS §3, 2007.)

Permits, orders or similar means shall be used to control the contribution to the POTW by each industrial user to

ensure compliance with applicable pretreatment standards and requirements, prevent interference or pass

through, and enforce the prohibitions set forth in Sections 15.48.010 through 15.48.030. In the case of industrial

users identiWed as signiWcant under 40 CFR 403.3(t), this control shall be achieved through permits or equivalent individual control mechanisms issued to each such user. Such control mechanisms are enforceable and shall

contain at a minimum the following conditions:

A. Statement of Duration. A permit shall be for a speciWed period, not to exceed Wve years. The user shall apply

for permit re-issuance a minimum of ninety days prior to the expiration of the user’s existing permit. The terms

and conditions of the permit may be subject to modiWcation by the city during the term of the permit as limitations

or further requirements are identiWed or if other just cause exists. The user shall be informed of any proposed

changes in the permit at least thirty days prior to the e[ective date of change. Any changes or new conditions in

the permit shall include a reasonable time schedule for compliance.

B. Statement of Nontransferability. Permits may not be reassigned or transferred to a new owner and/or operator

without prior approval of the city. Permittee must give at least thirty days’ advance notice to the city of the

proposed transfer, and the notice must include a written certiWcation by the new owner or operator which:

1. States that the new owner has received a copy of the existing permit.

2. States that the new owner has no immediate intent to change the facility’s operations and processes.

3. Includes a provision of a copy of the existing control mechanism.

4. IdentiWes the speciWc date on which the transfer is proposed to occur.

5. Acknowledges full responsibility by new owner for complying with the existing permit conditions.

6. Acknowledges eZuent limits and/or BMPs to user based on applicable general pretreatment standards

found in this part, CFR Part 403 and state and local laws.

7. Acknowledges self-monitoring, sampling, reporting, notiWcation and record keeping requirements,

including an identiWcation of the pollutants to be monitored, sampling location, sampling frequency, and

sample type, based on the application of general pretreatment standards in 40 CFR Part 403, and Chapter

15.48 and state and local law.

8. Acknowledges statement of applicable civil and criminal penalties set forth in this part and any

applicable compliance schedules or other enforcement mechanisms in place.

C. Property Rights. Issuance of a sewer service permit and/or written authorization for its transfer does not

convey any proper rights, or any exclusive privileges, nor does it authorize any injury to private property or any

invasion of personal rights, nor any violation of federal, state or local laws or regulations.

(Ord. 2282 NCS §3, 2007.)

The city may refuse to issue a sewer use permit if any one or more of the following conditions exist:

A. The application is not accompanied by the appropriate fee(s).

B. The application for a permit contains false or misleading information.

C. The issuance of the permit would cause interference or pass through to the city or POTW or cause to city to

potentially violate any permit condition, law or regulation of the federal and/or state government.

D. The application does not comply with the requirements for such set forth herein, or the proposed source

control mechanisms are deemed by the city to be insuYcient to fully protect against potential interference with

the city’s operation of the community sewers and POTW.

E. The applicant has not provided plans for suYcient protection from accidental discharges to land, storm sewer

system, and sanitary sewer system.

F. The applicant has not provided plans for suYcient protection to prevent or abate nuisances.

(Ord. 2282 NCS §3, 2007.)

1 Editor’s Note: Ordinance 2282 NCS adds the provisions of this section as Section 15.52.060. The section has

been editorially renumbered to prevent duplication of numbering.

A. In accordance with 40 CFR 403.12(e), periodic reports on continued compliance:

1. Any industrial user subject to a categorical pretreatment standard (Sections 15.48.010, 15.48.020,

15.48.030 or 15.48.040), except a non-signiWcant categorical user as deWned in 40 CFR 403.3(v)(2) after the

compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the

discharge into the POTW, shall submit to the city during the months of June and December, unless required

more frequently in the pretreatment standard or by the permit or city, a report indicating the nature and

concentration of pollutants in the eZuent which are limited by such categorical pretreatment standards. In

addition, this report shall include a record of measured or estimated average and maximum daily Xows for

the reporting period. The industrial user shall submit information showing the measured average daily and

maximum daily Xow, in gallons per day, to the POTW from each of the following:

a. Regulated process streams.

b. Other streams as necessary to allow use of the combined waste stream formula described in 40 CFR

403.6(e), except that the city may require more detailed reporting of Xows. The city may allow for

veriWable estimates of these Xows where justiWed by cost or feasibility. At the discretion of the city and in

consideration of such factors as local high or low Xow rates, holidays, budget cycles, etc., the city may

agree to alter the months during which the reports are to be submitted.

c. In cases where the pretreatment standard requires compliance with best management practice (or

pollution prevention alternative), the user shall submit documentation required by the city or the

pretreatment standard necessary to determine compliance status of the industrial user.

d. If the industrial user monitors any regulated pollutant at the appropriate sampling location more

frequently than required by the city using procedures prescribed above, the results of this monitoring

shall be included in the report.

2. Where the city has imposed mass limitations on industrial users as provided for by Section 15.48.030,

the report required by subsection (A)(1) of this section shall indicate the mass of pollutants regulated by

pretreatment standards in the discharge from the industrial user.

3. For industrial users subject to equivalent mass or concentration limits established by the city in

accordance with the procedures in 40 CFR 403.6(c), the report required by subsection (A)(1) of this section

shall contain a reasonable measure of the user’s long term production rate. For all other industrial users

subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per

unit of production (or other measure of operation), the report required by subsection (A)(1) of this section

shall include the user’s actual average production rate for the reporting period.

B. In accordance with 40 CFR 403.12(h), reporting requirements for industrial users not subject to categorical

pretreatment standards, the city shall require appropriate reporting from those industrial users with discharges

that are not subject to categorical pretreatment standards. SigniWcant non-categorical industrial users shall submit

to the city at least once every six months (on dates speciWed by the city) a description of the nature, concentration,

and Xow of the pollutants required to be reported by the city. In cases where a local limit requires compliance with

a best management practice or pollution prevention alternative, the user must submit documentation as required

by the city to determine the compliance status of the user. These reports shall be based on sampling and analysis

performed in the period covered by the report, and performed in accordance with the techniques described in 40

CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques

for the pollutant in question, or where the administrator determines that the Part 136 sampling and analytical

techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using

validated analytical methods or any other applicable sampling and analytical procedures, including procedures

suggested by the POTW or other persons approved by the administrator. This sampling and analysis may be

performed by the city in lieu of the signiWcant non-categorical industrial user. Where the POTW itself collects all

the information required for the report, the non-categorical industrial user will not be required to submit the

report. If the industrial user monitors any regulated pollutant at the appropriate sampling location more

frequently than required by the city using procedures prescribed above, the results of this monitoring shall be

included in the report.

In addition, the city may require that any user discharging wastewater into the sanitary sewer Wle a periodic

discharge report. The discharge report may include, but need not be limited to: nature of process, volume, rates of

Xow, mass emission rate, hours of operation, number and classiWcation of employees, or other information which

relates to the generation of waste including wastewater constituents and characteristics in the wastewater

discharge. Such report may also include the chemical constituents of solid, liquid or gaseous materials stored on

site even though they may not normally be discharged.

C. Reporting Requirements for Industrial Users Upon E8ective Date of Categorical Pretreatment Standard—Baseline

Report. Within one hundred eighty days after the e[ective date of a categorical pretreatment standard, or one

hundred eighty days after the Wnal administrative decision made upon a category determination submission

under 40 CFR 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment

standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the city

a report which contains the information listed in paragraphs (b)(1) through (7) of 40 CFR 403.12(b) and which

includes the following:

1. Identifying Information. The user shall submit the name and address of the facility, including the name of

the operator and owners.

2. Permits. The user shall submit a list of any environmental control permits held by or for the facility.

3. Description of Operation. The user shall submit a brief description of the nature of the process and

average rate of production (Xow, volume, substances and concentrations in the waste discharge). The user

shall also submit the Standard Industrial ClassiWcation (SIC) of the operation(s) carried out by such industrial

user. This description should include a schematic process diagram, indicating points of discharge to the

POTW from the regulated processes.

4. Flow Measurement. User shall submit information showing the measured average daily and maximum

daily Xow, in gallons per day, to the POTW from the regulated process streams and other streams as

necessary to allow use of the combined waste stream formula.

5. Measurement of Pollutants.

a. The user shall identify the pretreatment standards applicable to each regulated process.

b. The user shall submit the results of sampling and analysis from each regulated process to the city.

The daily maximum and average concentration shall be reported. The sample shall be representative of

daily operations. In cases where the national pretreatment standard requires compliance with a best

management practice or pollution prevention alternative, the user shall submit documentation as

required by the city or the applicable national pretreatment standards to determine compliance with the

national pretreatment standard.

c. The proper and approved method of sampling (grab, Xow-proportional composite, or time-

proportional composite) will be utilized to obtain representative results.

d. A minimum of one representative sample will be taken to comply with the requirements of this

section.

e. Samples should be taken immediately downstream from pretreatment facilities, if such exist, or

immediately downstream from the regulated process if no pretreatment exists. All Xows and

concentrations must be measured to allow use of combined waste stream formula.

f. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR

Part 136 and amendments thereto. Where Part 136 procedures do not include sampling or analytical techniques or where Part 136 methods are deemed (by EPA administrator) to be inappropriate, sampling

and analysis shall occur according to procedures approved by EPA. 40 CFR 403.12(g)(4) states for

sampling required in support of baseline monitoring and ninety-day compliance reports required in 40

CFR 403.12(b) and (d), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil

and grease, sulWde, and volatile organic compounds for facilities for which historical sampling data do

not exist; for facilities for which historical sampling data are available, the city may authorize a lower

minimum.

g. The baseline monitoring report (BMR) shall indicate the time, date and place of sampling and

methods of analysis, and shall certify that such sampling and analysis is representative of normal work

cycles and expected pollutant discharges to the POTW.

h. A BMR containing historical data may only be used upon approval by the city. Ref. 40 CFR

403.12(b)(5).

6. Certi5cation. A statement reviewed by an authorized representative of the industrial user and certiWed to

by a qualiWed professional, indicating whether pretreatment standards are being met on a consistent basis,

and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is

required for the industrial user to meet the pretreatment standards and requirements.

7. Compliance Schedule. If additional pretreatment and/or O and M will be required to meet the

pretreatment standards, the shortest schedule by which the industrial user will provide such additional

pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance

date established for the applicable pretreatment standard.

At least ninety days prior to commencement of a discharge, new sources, and sources that become industrial

users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to

the city a report which contains the information listed in paragraphs (b)(1) through (5) of 40 CFR 403.12(b).

New sources shall also be required to include in this report information on the method of pretreatment the

source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the

information required in paragraphs (b)(4) and (b)(5) of 40 CFR 403.12(b).

D. Compliance Schedule for Meeting Categorical Pretreatment Standards. The following conditions shall apply to the

schedule required by 40 CFR 403.12(b)(7):

1. The schedule shall contain increments of progress in the form of dates for the commencement and

completion of major events leading to the construction and operation of additional pretreatment required for

the industrial user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer,

completing preliminary plans, completing Wnal plans, executing contract for major components, commencing

construction, completing construction, etc.).

2. No increment referred to in subsection (D)(1) of this section shall exceed nine months.

3. No later than fourteen days following each date in the schedule and the Wnal date for compliance, the

industrial user shall submit a progress report to the city including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with

this increment of progress, the reason for the delay, and steps being taken by the industrial user to return the

construction to the schedule established. In no event shall more than nine months elapse between such

progress reports to the city.

In accordance with 40 CFR 403.12(d), report on compliance with categorical pretreatment standard deadline,

within ninety days following the date for Wnal compliance with applicable categorical pretreatment standards

or, in the case of a new source, following commencement of the introduction of wastewater into the POTW,

any industrial user subject to pretreatment standards and requirements shall submit to the city a report

containing the information described in 40 CFR 403.12(b)(4) through (6). For industrial users subject to

equivalent mass or concentration limits established by the city in accordance with the procedures in 40 CFR

403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other

industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant

discharge per unit of production (or other measure of operation), this report shall include the user’s actual

production during the appropriate sampling period.

E. Certi5cation.

1. The reports required by subsections (A), (B), (C) and (D) of this section and 40 CFR 403.12(d) shall include

the certiWcation 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 qualiWed 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 signiWcant penalties for submitting false information,

including the possibility of Wne and imprisonment for knowing violations.

2. CertiWcation statements shall be signed as follows:

a. By a responsible corporate oYcer, if the industrial user submitting the reports required by

subsections (A), (B) and (C) of this section and 40 CFR 403.12(b), (d), or (e) is a corporation. For the

purpose of this subsection, a "responsible corporate oYcer" means:

(1) 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

(2) The manager of one or more manufacturing, production, or operating facilities, provided, the

manager is authorized to make management decisions which govern the operation of the regulated

facility including having the explicit or implicit duty of making major capital investment

recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary

systems are established or actions taken to gather complete and accurate information for control

mechanism requirements; and where authority to sign documents has been assigned or delegated

to the manager in accordance with corporate procedures.

b. By a general partner or proprietor if the industrial user submitting the reports required by

subsections (A), (B), (C) and (D) of this section and 40 CFR 403.12(b), (d), or (e) is a partnership or sole

proprietorship, respectively.

c. By a duly authorized representative of the individual described in subsection (E)(2)(a) or (b) of this

section if:

(1) The authorization is made in writing by the individual designated in subsection (E)(2)(a) or (b) of

this section.

(2) The authorization speciWes 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 Weld superintendent, or a position of equivalent

responsibility, or having overall responsibility for environmental matters for the company.

(3) The written authorization is submitted to the city.

d. If an authorization under subsection (E)(2)(c) of this section is no longer accurate because a di[erent

individual or position has responsibility for the overall operation of the facility, or overall responsibility

for the environmental matters for the company, a new authorization satisfying the requirements of

subsection (E)(2)(c) of this section must be submitted to the city prior to or together with any reports to

be signed by an authorized representative.

F. NotiWcation of Changed Discharge (40 CFR 403.12(j)). All industrial users shall promptly notify the POTW 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 notiWcation under 40 CFR

403.12(p). Furthermore, all permittees shall give advance notice to the city of Petaluma of any planned changes in

the permitted facility or activity which may result in noncompliance with permit requirements.

G. Monitoring and Analysis to Demonstrate Continued Compliance.

1. The reports required in subsections (A), (B) and (C) of this section and 40 CFR 403.12(d) shall contain the

results of sampling and analysis of the discharge, including the Xow and the nature and concentration, or

production and mass where requested by the city, of pollutants contained therein which are limited by the

applicable pretreatment standards. This sampling and analysis may be performed by the city in lieu of the

industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user,

the user will not be required to submit the compliance certiWcation required under 40 CFR 403.12(b)(6) and 40

CFR 403.12(d). In addition, where the POTW itself collects all the information required for the report, including

Xow data, the industrial user will not be required to submit the report.

2. If sampling performed by an industrial user indicates a violation, the user shall notify the city within

twenty-four 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 days after becoming aware of the

violation except the industrial user is not required to resample if:

a. The city performs sampling at the industrial user at a frequency of at least once per month;

b. The city performs sampling at the user between the time when the user performs its initial sampling

and the time when the user receives the sampling results of this sampling; or

c. Where the POTW has performed the sampling and analysis in lieu of the industrial user, the POTW

must perform the repeat sampling and analysis unless it notiWes the user of the violation and requires

the user to perform the repeat analysis. Repeat sampling and analysis must be done within thirty days of

becoming aware of the violation.

3. The reports required in subsections (A), (B), (C) and (D) of this section and 40 CFR 403.12(d) shall be

based upon data obtained through appropriate sampling and analysis performed during the period covered

by the report, which data is representative of conditions occurring during the reporting period. The city shall

require that frequency of monitoring necessary to assess and assure compliance by industrial users with

applicable pretreatment standards and requirements. Grab samples must be used for pH, cyanide, total

phenols, oil and grease, sulWde, and volatile organic compounds. For all other pollutants twenty-four-hour

composite samples must be obtained through Xow-proportional composite sampling techniques, unless time

proportional composite sampling or grab sampling is authorized by the city. Where time proportional

composite sampling or grab sampling is authorized by the city, the samples must be representative of the

discharge and the decision to allow the alternative sampling must be documented in the industrial user Wle

for that facility or facilities. Using protocols (including appropriate preservation) speciWed in 40 CFR Part 136

and appropriate EPA guidance, multiple grab samples collected in a twenty-four-hour period may be

composited in the laboratory or in the Weld; for volatile organics and oil and grease the samples may be

composited in the laboratory. Composite samples for other parameters una[ected by the compositing

procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate.

4. All analyses shall be performed in accordance with procedures established by the EPA pursuant to 40

CFR 304(h) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test

procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved

by the EPA. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in

question, or where the EPA determines that the Part 136 sampling and analytical techniques are

inappropriate for the pollutant in question, sampling and analyses shall be performed using validated

analytical methods or any other sampling and analytical procedures, including procedures suggested by the

POTW or other parties, approved by the EPA.

5. If an industrial user subject to the reporting requirements in subsection (A) of this section monitors any

pollutant more frequently than required by the city, using the procedures prescribed in subsection (G)(4) of

this section, the results of this monitoring shall be included in the report.

H. The permittee shall furnish to the city of Petaluma, within thirty days, any information which the city of

Petaluma may request to determine whether cause exists for modifying, revoking and reissuing, or terminating

this permit, or to determine compliance with this permit. The permittee shall also, upon request, furnish to the city

of Petaluma within Wve days copies of any records required to be kept by this permit.

I. Any permittee that experiences an upset in operations that places the permittee in a temporary state of

noncompliance with the provisions of either this permit or with Title 15 shall inform the city of Petaluma within

twenty-four hours of becoming aware of the upset condition.

J. The industrial user shall notify the POTW, the EPA Regional Waste Management Division, city, and state

hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise

disposed of, would be a hazardous waste under 40 CFR Part 261. Such notiWcation must comply with the

requirements contained in 40 CFR 403.12(p).

K. All categorical and non-categorical industrial users shall notify the POTW immediately of all discharges that

could cause problems to the POTW, including any slug loadings, or any changes at the facility a[ecting the

potential for slug discharge as deWned by 40 CFR 403.5(b), 403.8(f)(2)(v), and 403.8(f)(2)(vi).

A written follow-up report of the upset shall be Wled by the permittee with the city within Wve days. The report

shall specify:

1. Description of the upset, the cause(s) thereof and the upset’s impact on the permittee’s compliance

status.

2. Duration of noncompliance, including exact dates and times of noncompliance, and if not corrected, the

anticipated time the noncompliance is expected to continue.

3. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset.

If the report demonstrates that the treatment plant was operated in a prudent and workmanlike manner and in

compliance with this section, a documented and veriWed operating upset may be used as an equitable defense to

mitigate any enforcement actions brought against the permittee.

L. Notice to Employees—Discharge Regulations. In order that employees of users be informed of city

requirements, users shall make available to their employees copies of these regulations together with such other

wastewater information and notices which may be furnished by the city from time to time directed toward more

e[ective water pollution control.

(Ord. 2402 NCS §2, 2011; Ord. 2282 NCS §3, 2007.)

All user information and data obtained from reports, questionnaires, permit applications, permits and monitoring

programs and from inspections shall be available to the public or other governmental agency without restriction unless the user speciWcally requests and is able to demonstrate to the satisfaction of the city that the release of

such information would divulge information, processes or methods which would be detrimental to the user’s

competitive position.

In accordance with 40 CFR Part 2, any information submitted to the EPA pursuant to these regulations may be

claimed as conWdential by the submitter. Any such claim must be asserted at the time of submission in the

manner prescribed on the application form or instructions, or, in the case of other submissions, by stamping the

words "conWdential business information" on each page containing such information. If no claim is made at the

time of submission, the EPA may make the information available to the public without further notice. If a claim is

asserted, the information will be treated in accordance with the procedures in 40 CFR Part 2 (public information).

When requested by the person furnishing a report, the portions of the report which might disclose trade secrets

or secret processes shall not be made available for inspection by the public but shall be made available to

governmental agencies for uses related to Chapters 15.44 through 15.76 or NPDES permit. Information shall also

be made available for use by any federal, state, or local agency in judicial review or enforcement proceedings

involving the person furnishing the report. The user shall be notiWed when information, accepted by the city as

conWdential, is transmitted to any governmental agency.

Information and data provided to the city pursuant to this part which is eZuent data shall be available to the

public without restriction.

The city shall not be liable for damages to any permit applicant or user for any disclosure of any secret furnished

to the city.

All other information which is submitted to the city or POTW shall be available to the public at least to the extent

provided by 40 CFR 2.302 and/or the California Government Code Section 6251 et seq. (Ord. 2282 NCS §3, 2007.)

Special agreements and arrangements between the city and any persons or agencies may be established when, as

determined by the city, unusual or extraordinary circumstances compel special terms and conditions. At no time

shall special agreements be established when said agreement violates any federal pretreatment standards

including but not limited to national categorical pretreatment standards or any state laws. (Ord. 2282 NCS §3,

2007.)