Pinole Municipal Code Ch. 13.05 Regulation of Waste Discharge

A. This chapter sets forth uniform requirements for contributors to the wastewater collection and treatment system of the Pinole/Hercules water pollution control plant and enables the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 as amended and the General Pretreatment Regulations (40 CFR Part 403), on file at the public works department.

B. The objectives of this chapter are:

1. Comply with the laws of the state of California and of the United States relating to the protection of the environment, control of water pollution, disposal of hazardous wastes and pretreatment of industrial discharges to publicly owned treatment works;

2. Prevent the introduction of pollutants into the city's wastewater system, which could interfere with operation of the system or contaminate the resulting sludge;

3. Prevent the introduction of wastes into the city's wastewater system, which could pass through the system, inadequately treated and into receiving waters or the atmosphere, or otherwise be incompatible with the system's overall operations;

4. Prevent introduction of toxic substances to the city's wastewater system, which could reach the environment in toxic amounts;

5. To improve the opportunity to recycle and reclaim wastewater and sludges from the system;

6. Prevent the introduction of wastes that may be inadequately treated by city facilities and may adversely affect the environment or may cause a violation of the city's NPDES permit or may contribute to the need for modification of the city's NPDES permit;

7. Protect the city's personnel while conducting activities related to the collection, treatment and disposal of wastes through the city's wastewater system;

8. Prevent the introduction of wastes to sewers connected to the city's wastewater system that could result in the city being classified as a hazardous waste treatment storage or disposal facility under the laws of the state of California or the United States;

9. Prevent a public hazard or public nuisance arising from the collection, treatment or disposal of wastes through the city's wastewater system;

10. Prevent the introduction of stormwater into the city sewer system from individual homes and businesses that will reduce the plant capacity as well as effective treatment.

C. This chapter shall apply to all dischargers within the city, and to users of the city's treatment plant. Except as otherwise provided herein, the public works director shall administer, implement, and enforce the provisions of the chapter. (Ord. 01-102 § 2(part), 2001).

This chapter is adopted pursuant to provisions of Section 6400, et seq. of Health and Safety Code of the state of California. (Ord. 01-102 § 2(part), 2001).

As used in this chapter:

A. ACT or THE ACT. The Federal Water Pollution Control Act also known as the Clean Water Act as amended 33 U.S.C.1251 et seq.

B. BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at twenty degrees Centigrade, expressed in terms of weight and concentration (milligrams per liter, mg/1).

C. CHEMICAL OXYGEN DEMAND (COD). The quantity of oxygen utilized in the oxidation of organic and oxidizable inorganic material, under standard laboratory procedures, expressed in terms of weight and concentration (mg/1).

D. CITY. The city of Pinole.

E. CITY FACILITIES. All of the city's city-owned system for collecting, conveying, and treatment including but not limited to the collection system and treatment plant.

F. COLLECTION SYSTEM. The city-owned pipelines, pump stations, manholes and other similar facilities which accept, collect, and convey sanitary sewage to the treatment plant.

G. COOLING WATER. The water discharged from any use such as air-conditioning, cooling or refrigeration or to which the only pollutant added is heat.

H. CONSISTENT REMOVAL. A reduction in the amount of pollutant or alteration of the nature of the pollutant by the city's wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in ninety-five percent of the samples taken when collected in accordance with the provisions contained in Section 13.05.200.

I . ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or the term may also be used for duly authorized official of the agency.

J. GRAB SAMPLE. A sample that is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

K. HAZARDOUS POLLUTANTS. Any constituent or combination of constituents that is classified as hazardous under state or federal regulations or is included on the federal list of toxic pollutants specified in CFR Title 40 Part 403.

L. HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump trucks.

M. INDUSTRIAL USER. Any contributor of industrial waste or wastewater.

N. INDUSTRIAL WASTE OR WASTEWATER. Any nondomestic liquid or semisolid wastes from any producing, manufacturing, or processing operation or commercial establishment of whatever nature.

O. INTERFERENCE. The inhibition or disruption of the city treatment process or operations that contributes to a violation of any requirement of the city's NPDES permit. The term includes prevention of sewage sludge use or disposal by the city in accordance with 405 of the Act (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substance Control Act, or more stringent state criteria (including those contained in any state sludge management plant prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the city.

P. NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Act (33 U.S.C. 1347) which applies to industrial users.

Q. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

R. NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of Section 307 (b) of the Act and 40 CFR Section 403.5.

S. NEW SOURCE. A building, structure, facility, or installation from which there is, or may be a discharge of pollutants, construction of which began after the publication of the proposed pretreatment standards pursuant to Section 307 (c) of the Clean Water Act, which will apply to the source if the standards are promulgated, in accordance with that section provided that: (1) the source is constructed dt a site at which no other source is located; (2) the source totally replaces the process or production equipment that causes the discharge of the pollutant at the existing source; or (3) the production or wastewater generating process of the source are substantially independent of an existing source at the came site. Substantially independent factors used to make the above determinations are factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

T. NEW USER. A person who has not contributed or caused to be contributed waste or wastewater into city facilities from a given building, structure, facility or installation. A “new source” as defined above is included within the meaning of NEW USER.

U. NOTICE OF VIOLATION. A document informing the user that it has violated the city source control ordinance and appropriate corrective action must be taken.

V. PASS-THROUGH or PASSES THROUGH. A discharge, which exits the city wastewater system in quantities or concentrations, which alone, or with discharges from other sources, have the reasonable potential to cause a violation of the city's NPDES permit.

W. PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or the legal representative, agents, or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

X. pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.

Y. POLLUTANT. Sewage or any characteristics of sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any commercial producing, manufacturing, or processing operation of whatever nature.

Z. POLLUTION. An alteration of the quality of the waters of the state by waste to a degree which unreasonably affects:

1. Such waters for beneficial use; or

2. Facilities which serve such beneficial uses or which create a hazard to the public health.

AA. PRETREATMENT or TREATMENT. The reduction of the amount of pollutants, the elimination of the pollutants or the alteration of the nature of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the city facilities. The reduction of alteration can be obtained by physical, chemical, or biological processes, or process changes by other means, except as prohibited by 40 CFR Section 403.6(d).

BB. PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment.

CC. SEWER. A pipeline conveying wastewater from the premises of a user to the collection system.

DD. SIGNIFICANT NONCOMPLIANCE. Any violation of pretreatment standards or requirements which, in the opinion of the city, constitutes significant noncompliance. This shall include but not limited to, instances of chronic violations of wastewater discharge limits, slug discharges, violations of compliance schedules, failure to provide compliance data failure to accurately report noncompliance, or any other violations set forth in Section 13.05.380 of this chapter.

EE. SLUG DISCHARGE. A discharge capable of causing adverse impact to the city sewer system or the treatment facilities, its workers or the environment or any pollutant including an oxygen demanding pollutant released in a discharge at a flow rate and/or pollutant concentration which may cause interference with the operation of the city's sewerage system. The discharge will be considered a slug discharge if the flow rate or concentrations or quantities of pollutants exceed for any time period longer than fifteen minutes or more than five times the average twenty-four-hour concentration quantity or flow during normal operations. Slug discharge is considered to be a discharge of nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge.

FF. STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification manual issued by the Executive Office of the President, Office of Management and Budget.

GG. STATE. The state of California.

HH. STORMWATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.

II. SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in water, wastewater or other liquids, and which is removable by laboratory filtering.

JJ. TRAP. A cast iron or stainless steel containment device used for trapping substances and to prevent grease, sand, or flammable liquids from entering the sewerage system.

KK. TREATMENT PLANT. Any facility owned by the city of Pinole that is designed to provide treatment to wastewater.

LL. USER. Any person who contributes or causes the contribution of wastewater into city facilities.

MM. WASTEWATER. The liquid and water carrying domestic or industrial wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surfacewater and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the city facilities.

NN. WASTEWATER DISCHARGE PERMIT. As set forth in Section 13.05.180 of this chapter.

OO. WATERS OF THE STATE. All streams, lakes, ponds, marshes, water courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies of accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. (Ord. 01-102 § 2(part), 2001).

The following abbreviations shall have the designated meanings:

A. BOD – biochemical oxygen demand;

B. CAC – California Administrative Code;

C. CFR – Code of Federal Regulations;

D. COD – chemical oxygen demand;

E. EPA – Environmental Protection Agency;

F. 1 – liter;

G. Mg – Milligrams;

H. Mg/1 – milligrams per liter;

I. NPDES – National Pollutant Discharge Elimination System;

J. SIC – standard industrial Classification;

K. USC – United States Code;

L. TSS – total suspended solids. (Ord. 01-102 § 2 (part), 2001).

Wastewater may be discharged into the city-owned sewer for collection, treatment, and disposal by the city provided that such wastewater discharge is in compliance with this chapter and the conditions of any industrial wastewater permit and/or permit contract; and further provided that the user pays all applicable city sewer fees and charges including any penalties or charges assessed under this chapter. (Ord. 01-102 § 2(part), 2001).

No user shall contribute or cause to be contributed, any pollutant or wastewater which will pass through the city's facilities or interfere with the operation or performance of the city's facilities. This prohibition includes any type of pollutant or wastewater as set forth in this chapter. These general prohibitions apply to all users of the city's facilities whether or not the user is subject to national pretreatment standards or any other national, state, or city prestandards or requirements. (Ord. 01-102 § 2 (part), 2001).

A user may not discharge, or cause to be discharged, wastewater into any city facility if it contains substances or has characteristics which, either alone or by interaction with other wastewater, cause or threaten to cause:

A. Damage to city facilities;

B. Interference or impairment of operation or maintenance of the city facilities;

C. Obstruction of flow in city facilities;

D. Hazard to human life;

E. The plant to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations;

F. The city to violate its National Pollutant Discharge Elimination System (NPDES) permit or the receiving water quality standards;

G. Flammable or explosive conditions;

H. A noxious or malodorous condition, a public nuisance, a hazard to life, or conditions sufficient to prevent normal entry into the sewers or other city facility for maintenance and repair;

I. Objectionable coloration or other condition in the quality of the city's treatment plant influent, which interferes with or passes through treatment plant;

J. Conditions which violate any statute, rule, regulation, or ordinance of any public agency, relating to releases of hazardous wastes, hazardous substances or other pollutants to the environment when such release is to a publicly-owned sanitary sewer;

K. Any alteration or change of the city's NPDES permit or any additional regulatory supervision, intervention, or oversight of city's operations;

L. Any alteration of the city's treatment plant processes. (Ord. 01-102 § 2(part), 2001).

A user shall not discharge, or caused to be discharged directly or indirectly to a city facility any of the following:

A. Any liquids, solids, or gases which by reason of their nature or quantity are, or may be sufficient either alone or by interaction with other substances to cause fire or damage to city facilities or to be injurious to human health and safety or to the operation of city facilities. At no time shall two successive readings of the air in manhole or sewer pipe on an explosive hazard meter at the point of discharge into the system (or at any point in the system) be more than five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to gasoline, kerosene, naphtha, benzene, toluene, zylene, ethers, alcohol's, ketoses, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides and any other substances which the city, the state or EPA has notified the user is a fire hazard or a hazard to the system;

B. Any solid or viscous substance in amounts or concentrations which may cause or threaten to cause obstruction to the flow in sewer or pass-through of, or interference with the operations of any city facility such as, but not limited to, feathers, ashes, cinder, sand, spent limestone or marble dust, metal, glass, straw, shavings, grass clippings, rags, waste paper, plastic, wood, tar, asphalt, residues from refining or processing of fuel or lubricating oil, petroleum oil, nonbiodegradeable cutting or machine oils, products of mineral origin, mud, cement grout, glass grinding or polishing wastes, grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, or whole blood;

C. Any wastewater having a pH less than 5.5 or equal to or greater than 12.5, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, humans or animals;

D. Any wastewater containing toxic pollutants in sufficient quantity, either by itself or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to human or animal health or safety, create an adverse effect on the waters of the state, or to exceed the limitations set forth in a national pretreatment standard;

E. Any wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in interference or pass-through, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed forty degrees Centigrade (one hundred and four degrees Fahrenheit), or with a temperature at a point of discharge to the city's collection system which exceeds sixty-five degrees Centigrade (one hundred fifty degrees Fahrenheit);

F. Any pollutants, including oxygen demanding pollutants (BOD, COD, etc.) released at a flow rate and/or pollutant concentration which alone or in combination with others, may cause interference or pass-through the treatment plant;

G. Any discharge which results in toxic gases, vapors or fumes in a quantity that may cause acute worker health and safety problems within any city facility;

H. Any noxious or malodorous liquids, gases, or solids;

I. Any wastewater containing any radioactive wastes or isotopes;

J. Any stormwater, groundwater, rain water, street drainage, subsurface drainage yard, swimming pool drainage, and spa or diatomaceous earth filter backwash, unless a specific permit is issued by the city. The city may approve such discharge only when no reasonable alternative is available or such water is determined to constitute a pollution hazard if not discharged to the sewer;

K. Any unpolluted water, including but not limited to cooling water, process water or blow down from cooling towers or evaporative coolers, or any other unpolluted water, unless a permit for such has been obtained from the city prior to the discharge. The city may approve the discharge of such water only when no reasonable alternative method of disposal is available or in the determination of the city, it is unacceptable;

L. Any septic waste, holding tank waste, portable toilet waste, 'grease interceptor wastes, or oil and sand interceptor waste is unacceptable;

M. Any waste defined as hazardous, by any definition set forth in federal and/or state statutes or regulations, unless such wastes has been decertified by the appropriate federal or state agency and or a variance has been granted by the federal or state agency, including provisions for discharge to a city facility, and the variance provisions are approved by the city;

N. Any substance, waste, wastewater, or constituent thereof which may be itself or in combination with other discharges cause the city to violate any permit conditions related to the toxicity of the effluent, or otherwise cause or contribute to the potential for toxic substances being released from city facilities into the environment in toxic amounts. (Ord. 01-102 § 2(part), 2001).

No user shall discharge any wastewater directly into a manhole or other opening in the city collection system, other than through sewer laterals or other sewer connection approved by the city, unless a permit has been obtained for such discharge. A permit will only be issued for such direct discharge in the event the discharge is otherwise in compliance with provisions of this chapter and no other alternative is available in the opinion of the city. (Ord. 01-102 § 2(part), 2001).

The National Categorical Pretreatment Standards, as set forth in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471 and any parts that are promulgated thereafter are incorporated in this chapter. (Ord. 01-102 § 2(part), 2001).

The city reserves the right to establish by ordinance or resolution more stringent limitations or requirements on discharges to the city facilities if deemed necessary to comply with the objectives presented in this chapter. No revision of limitations or requirements hereunder shall subject the city to civil liability or penalty for interference with a vested right of any user. (Ord. 01-102 § 2 (part), 2001).

No user shall ever increase the use of processed water or in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national pretreatment standards, or in any other pollutant specific limitation developed by the city or state. An increase in the use of process water which is reasonably proportional to increased production and which is required for the increase in production, will not be considered an excessive discharge hereunder. (Ord. 01-102 § 2(part), 2001).

A. All users shall be prohibited from allowing slug discharges, as elsewhere defined herein, from entering the city's facilities.

B. Each user shall provide protection from slug discharges of restricted materials or other substances regulated by this chapter. No user who commences contribution to the city facilities after the effective date of the ordinance codified in this chapter shall be permitted to introduce pollutants into the system until the need for slug discharge control plans or procedures has been evaluated by the city. Facilities to prevent slug discharges of restricted materials shall be provided and maintained at user's own cost and expense.

C. Certain users will be required to prepare slug discharge prevention and contingency plans (SDPC) containing at least the following information:

1. A description of the discharge practices including nonroutine batch discharges;

2. A description of stored chemicals;

3. The procedures for promptly notifying the city of slug discharges, including any discharge that would violate a specific discharge prohibition with procedures for follow-up written notification within five days;

4. If required by the city, procedures to prevent adverse impact from accidental spills including maintenance and inspection of storage areas, handling transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building or containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and/or measures or equipment for emergency response;

5. If required by the city, follow-up practices to limit the damage suffered by the treatment plant or the environment.

These plans shall be submitted to the city for review and acceptance. All users required to have SDPC plans shall submit such a plan with in ninety days and complete the implementation within six months of notice regarding the requirements of such a plan. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter.

D. In the case of a slug discharge, it is the responsibility of the user to immediately notify the city of the incident. The notification shall include location of the discharge, type of waste, concentration and volume, and corrective action. The user shall provide the city with a detailed, written report of the incident in a manner and within the time frame as elsewhere provided in this chapter.

E. A notice shall be permanently posted on user's premises advising all employees whom to call in the event of a slug discharge. The user shall insure that all employees who may cause or allow such slug discharge to occur are aware of the emergency notification procedures.

F. Each user who violates any of the requirements of the sludge discharge program, or allows a sludge discharge to occur, shall be subject to the enforcement provisions of this chapter. (Ord. 01-102 § 2(part), 2001).

A. All industrial users shall notify the city, the EPA Regional Waste Management Division director, and state hazardous waste authorities in writing of any discharge to the city's facilities of a substance, which, it otherwise disposed of, would be a hazardous waste under 40 CFR Part 261 or as otherwise defined by statute or regulation.

B. Anyone planning on discharging any kind of hazardous waste to the city facilities should contact the city's water pollution control plant superintendent prior to discharge and each case will be considered on its own merit.

C. Any existing long-time industrial user shall certify that it has a program in place to reduce the volume of toxicity of hazardous waste generated to the degree it has determined to be economically practical. (Ord. 01-102 § 2(part), 2001).

It shall be unlawful to discharge without a city wastewater discharge permit or permit contract (as defined in Section 13.05.180(E)) to any city facility any wastewater except as authorized by the provisions of this chapter. (Ord. 01-102 § 2(part), 2001).

A. It shall be the responsibility of the user and or discharger to comply with all of the provisions of this chapter, but not limited to, such requirements regarding permitting, pretreatment, monitoring and reporting. It shall be the responsibility of the user to make determinations as to the nature of its operation and wastewater flow and to take such actions as may be required under this chapter prior to any discharge of wastewater, whether or not the user has been informed by the city of the requirements which may apply to the user regarding its discharge.

B. All industrial users who meet the definition of Class I or II and who are currently connected or contribute to the city facilities, or who plan to contribute to the city facilities, shall make application for a wastewater discharge permit. This application shall be made before connecting to or contributing to the city facilities, or within ninety days after the enactment of the ordinance codified in this chapter in the event user is currently connected and not currently permitted. All existing industrial users connected to or contributing to the city facilities shall be required to obtain a new wastewater discharge permit upon the expiration of their existing permit. (Ord. 01-102 § 2(part), 2001).

A. The city will Classify all users in accordance with the principal activity conducted on the premises where the discharge occurs. The purpose of the classification is to facilitate regulation of discharges to city facilities on the basis of each user's waste quality, quantity, and flow. The classification shall further provide a means of imposing an appropriate level of oversight, control, and enforcement according to the source of discharge. The classification system will also allow equitable recovery of city capital and operating costs for the source control program. As set forth in the definition section of this chapter, there are two categories of users, one domestic users, and the other industrial users. Industrial users are categorized as Class I or II.

B. All users are subject to the prohibitions set forth in this chapter, with such federal and state statutes and regulations as may apply, and the specific pollutant limitations as may be promulgated by the city either by ordinance or by resolution.

C. Domestic users under normal circumstances will not be required to apply or receive a wastewater discharge permit as defined in this chapter, providing that the domestic user discharges only waste water which is consistent with the definition of domestic wastewater set forth herein.

D. Industrial users may be subject to wastewater discharge permit requirements depending on the volume, characteristics, and origin of their wastewater discharge. Industrial users may be required to supply such information and data concerning their processes,

including discharge samples, as may be necessary for the city to determine whether such user should be designated a Class I or II. Industrial users must, when requested, provide such other information regarding the nature of the entity, its operations, storage and use of chemicals, and storage and use of hazardous substances, as may be reasonably necessary to make such determination, as to the classification of the user. The city may also require information relating to potential for accidental discharges to the city facility of hazardous or prohibited substances. Such inquires may include information regarding the current disposal procedures of the user with regard to chemicals and/or substances which are not in the ordinary course of user's operations discharged to city facilities.

E. The determination by the city regarding the designation of an industrial user as a Class I user may be based on the unusual character of the wastewater due to its volume, strength, composition, or its derivation from a hazardous waste or substance, or the potential variability in the character of the wastewater or on the potential for increased cost to the city due to the unusual character of the waste. Any administrative costs to be considered may include increased potential for the administrative oversight by federal, state, and local agencies as well as the potential for increased liability exposure and associated legal costs. The city may also take into consideration difficulties in enforcement of the provisions of this chapter under a wastewater discharge permit and the enforcement violation and compliance history of the user with the city, as well as other regulatory agencies. The determination of the city regarding the designation of the industrial user as a Class II user may be based on whether the discharge of the wastewater is equal to or greater than five thousand gallons per average workday flow, or whether the discharge has in its waste hazardous pollutants, or whether the discharge is subject to national pretreatment standards, or whether it has in its untreated wastewater pollutants which are in excess of any pretreatment standard or requirement, including any pretreatment standard or requirement identified in this chapter, or B4 ordinance or resolution or, whether it may, in the opinion of the city, have a significant impact, either singularly or in combination with other contributing industries, on the city's ability to meet the objectives of this chapter. (Ord. 01-102 § 2 (part), 2001).

A. Permit Application. Users required or who may be required to obtain a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city. A new industrial permit fee may be assessed at the time of the application. Existing Class I and II users (except those with current permits) shall apply for a wastewater discharge permit within ninety days following the effective date of the ordinance codified in this chapter, and new users shall apply at least thirty days prior to connecting or contributing to the city facilities. In support of the application, the user may be required to submit, in units and terms appropriate for evaluation, some or all of the following information, but will in all cases, be required to submit Items 16 and 17:

1. Name and address of the operator or owner and location of the facility for which the permit application is being made;

2. SIC number(s) according to the Standard Industrial Classification Manual;

3. A list of all environmental control permits and hazardous substance release response (spill) plane for the facility;

4. Time(s) and duration of all process discharges;

5. Average daily and fifteen-minute peak wastewater flow rates, including daily, monthly, and seasonal variations if any;

6. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections and appurtenances by the size, location and elevation;

7. Description of activities, facilities, and plant processes on the premises including all materials which are or could be discharged, provided such chemicals are present in quantities sufficient to cause harm to the operations of the city or the environment if released. A description of any and all existing or proposed wastewater pretreatment facilities, construction drawings and design criteria shall also be submitted;

8. The nature and concentration of any pollutants in the discharge which are limited by the city or state pretreatment standard or requirement or by national pretreatment standard. Pollutant data shall be provided for each regulated process stream. In the case of an existing user, a statement regarding whether or not the pretreatment standards, and requirements 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 applicable pretreatment standards and requirements;

9. If additional pretreatment housekeeping, process changes, and or operations will be required to meet the pretreatment standards and requirements the user will provide such additional pretreatment on a schedule accepted by the city. The completion date in this schedule shall not be later than the compliance date established by the EPA, the state or the city for the applicable standard.

The following conditions shall apply to this schedule:

a. 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 user to meet the applicable standards (such as hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

b. The user shall submit a progress report no later than fourteen days following each date in the schedule and the final date of compliance to the director of public works, including, as a minimum, whether or not the user complied with the increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established;

10. Each product produced by type, amount, process or processes, and rate of production;

11. Type and amount of raw materials processed (average and maximum per day) provided such materials are present in quantities sufficient to cause harm to the operations of the city or to the environment if released;

12. Number, type, and volume/amount of hazardous substances stored on the premises and a description of the variety of the method of storage and or the containment device for such substances, provided such substances are present in quantities sufficient to cause harm to the operations of the city or to the environment if released;

13. A description of spill protection and emergency response procedures used or proposed to be used at the facility;

14. Number and classification of employees' hours of operation of the plant, and proposed or actual hours of operation of pretreatment system;

15. A signed statement of the authorized representative of the industrial user applicant that the information presented in the permit application is true and accurate to the best of the authorized representatives knowledge, and that the applicant is or upon connection will be in compliance with applicable pretreatment standards and requirements on a consistent basis and if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required for the applicant to meet such standards and requirements;

16. A signed certification of a qualified professional that the applicant is or upon connection will be in compliance with applicable pretreatment standards and requirements on a consistent basis and if not, whether additional O & M and or pretrgatment is required for the applicant to meet such standards and/or requirements;

17. Any other information deemed by the city to be necessary to evaluate the permit application.

B. Permit Application Evaluation. All new industrial users shall arrange for a city representative to conduct a walkthrough site inspection of the user's facilities during the ninety-day period prior to connecting or contributing waste or wastewater to the city facilities. New industrial users shall submit to the city, within ninety days after commencement of discharge to the city's facilities, an analysis of the discharge representing wastewater constituents and characteristics, including, but not limited to, those mentioned in this chapter.

The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may decide that no discharge permit is required, or the city may determine that the user is either a Class I or Class II industrial user, the city shall issue a wastewater discharge permit subject to the terms and conditions provided in this chapter.

C. Permit Conditions. Permits may contain provisions, requirements and standards appropriate to carry out the objectives of this chapter, including but not limited to, the following:

1. The unit charge or schedule of user charges and fees for the wastewater to be discharged to the city's collection system;

2. Limits on average and maximum wastewater constituents;

3. Limits on average and maximum rate and time of discharge or requirements for flow regulation;

4. Requirements for installation and maintenance of sampling and flow metering facilities;

5. Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number types and standards for tests and reporting schedule;

6. Compliance schedules;

7. Requirements for submission of technical reports or periodic compliance reports;

8. Requirements for maintaining and retaining plant records relating to wastewater discharge, hazardous wastes manifests, and as specified by the city and chemical inventories;

9. Requirements for notification to the city of any new introduction of pollutants or any change in plant processes or in the volume or character of the wastewater constituents being introduced into city facilities;

10. Requirements for notification of slug or accidental discharges, including discharge limit violations, or upset of the pretreatment facility;.

11. Requirements for providing the city with design and construction plans and specifications of the wastewater pretreatment facility whether proposed or in existence;

12. Requirements for providing the city with plans and specifications of the dischargers industrial or commercial operation and/or process, including such other information as the city may reasonably request that pertains to the industrial users operation;

13. Requirements for notification of any planned alteration of the proposed or existing wastewater pretreatment;

14. Requirements for the notification to the city of planned alterations of the industrial user, which could result in an alteration of the users process discharge or the potential for an accidental spill or slug discharge;

15. Requirements prohibiting bypass of the wastewater pretreatment facility, unless bypass is essential for maintenance, or unavoidable to prevent loss of life, injury, or severe property damage;

16. Requirement that the discharger notify the city prior to any bypass other than accident or emergency;

17. Requirements to have emergency spill plans on file with the city;

18. Requirements to certify that the industrial user has not discharged through a city facility hazardous substances, which substances have been stored or used in the user's process and which the user contends will not in ordinary course of the user's operation, enter the sewer system;

19. Requirements for re-sampling following a discharge violation and the submittal of reports explaining the cause of the violation and the steps that have been or will be taken to prevent a reoccurrence of the violation;

20. Requirements for providing access to city personnel at all reasonable times to conduct sampling and/ or inspection of any and all processes which can contribute to the waste stream, including the actual wastewater discharge;

21. Requirements for providing the city with operation and maintenance records for the wastewater pretreatment facility, including periodic updates, as appropriate;

22. The prohibition of dilution as partial or complete substitute for adequate treatment to achieve compliance with permit conditions;

23. Signatory requirements specifying the responsible corporate officer for the industrial user;

24. Other conditions as deemed appropriate by the city to ensure compliance with this chapter;

25. Technical provisions or requirements related to the wastewater treatment facility, which in the opinion of the city, may be necessary to ensure the adequacy and reliability of the wastewater pretreatment system. These technical conditions may include conditions requiring continuous monitoring, training personnel, alarm systems, automated shutoff, flow through monitoring, and or provisions for discharges in batch amounts only subsequent to sample testing.

D. Permit Duration. Permits shall be issued for a specified time period, not to exceed three years. A permit may be issued for a period less than a year or may be stated to expire on a certain date. The user shall apply for permit reissuance a minimum of ninety days prior to the expiration of the user's existing permit. The terms and conditions may be subject to modification by the city during the term of the permit as limitations or requirements as identified in Section 13.05.180(C) are modified or other just cause exists. The user shall be informed of any proposed changes in his or her permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

E. Wastewater Discharge Permit Contract. The city shall require Class I industrial user to enter into a wastewater discharge permit contract for connecting to or contributing wastewater to the city facilities. The wastewater discharge permit contract shall incorporate the provisions of this chapter by reference including all requirements and standards as may be set forth herein or promulgated by ordinance or resolution. The wastewater discharge permit contract may contain all of the permit provisions set forth in Section 13.05.180A. In addition, the permit contract may contain provisions including but not limited to the following:

1. Provisions for liquidated damages for discharges in violation of the discharge prohibitions and limitations of this chapter and/or of such special prohibitions or limitations as may be set forth in the permit contract. These liquidated damages provisions may be proposed without regard to proof of pass-through, damage to the environment, or interference to. the city facilities or operations may be assessed on strict liability basis for violation of the noted provisions;

2. Requirements for providing proof of insurance, indemnification of the city and bonding in order to adequately protect the city, in its judgment, from the potential of the increased exposure to liability due to user's discharge;

3. Provisions for termination of the permit contract and wastewater sewer service for violation of this chapter or other wastewater permit contract conditions;

4. Any and all other conditions as may be deemed appropriate by the city to ensure compliance with all provisions of this chapter and the objectives set forth herein.

F. Permit Modifications. When a new National Categorical Pretreatment Standard is promulgated, the wastewater permit of each user will be revised to require compliance with such standard within the time for compliance prescribed by such standard or within ninety days, which ever is shorter. A user subject to national pretreatment standard, who has not previously submitted an application, for a wastewater discharge permit as required by Section 13.05.260 of this chapter, shall apply for a wastewater discharge permit within ninety days after the promulgation of the applicable national pretreatment standard. A user with an existing wastewater discharge permit shall submit to the public works director within ninety days after the promulgation of an applicable federal pretreatment standard the information required by Section 13.05.180A.

In the event the city determines that it is necessary in order to comply with the objectives of the chapter to impose more stringent limitations or requirements on dischargers to the wastewater disposal system than are set forth in the existing permit (for reasons other than issuance of new national pretreatment standard) the city shall have the right to require such reasonable modifications of an existing permit to incorporate such more stringent limitations or requirements. In the event such permit modification is required, the user shall be provided with reasonable time to make such modifications to its processes or procedures to meet the more stringent requirements. If the permit modification requires construction or acquisition of equipment related to pretreatment the compliance schedule will provide for up to one hundred eighty days to comply; however, this period may be extended by another one hundred eighty days by the director of public works if he or she determines that good cause exists for an additional period, and that the user remains in compliance with the permit conditions in effect prior to amendment, during the compliance period.

G. Permit and Contract Transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater permit will not be reassigned or transferred or sold to a new owner, new user, different premises or a changed operation without the prior approval of the city. All the terms and conditions will still apply to a preceding owner. (Ord. 01-102 § 2(part), 2001).

A. Notification of a Slug Load or Accidental Discharge or Accidental Spill. It is the responsibility of all industrial users to immediately telephone and notify the city police. department of any slug load or accidental discharge as described in Sections 13.05.030 and 13.05.130 of this chapter. Notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

1. Written Notice. Within five days following the accidental discharge or slug load, the user shall submit to the plant superintendent a detailed written report describing the cause of the incident 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 to person or property or other liability which may be incurred as a result of damage to city facilities, fish kills, or any other damage to person or property, nor shall notification relieve the user of any fines, penalties, or other liability which may be imposed by this chapter or other applicable law.

2. Notice to Employees. Users who are employers shall ensure that all their employees know whom to call in the event of such a discharge. All the employees who may cause or suffer such discharge to occur are advised of the emergency notification procedure.

B. Prior Notification of Change in Volume or Character of Wastewater. All users shall promptly notify the city in writing (except in emergencies, where telephone notification is

acceptable) prior to: (1) any new or increased discharge or any change in nature of their discharge, which does not meet pretreatment standards or requirements or has the reasonable potential to cause the city to violate its NPDES permit or cause problems to the city wastewater system; (2) any substantial change in volume or character of pollutants in their discharge.

C. Baseline Report. All Class I and II industrial users, subject to National Categorical Pretreatment Standards, shall submit to the city a baseline report within one hundred eighty days of the effective date of adoption of a National Categorical Pretreatment Standard or one hundred eighty days after final decision on a category determination by EPA specified in 40 CFR 403.12(b).

D. Compliance Report. Any new user upon commencing use of city facilities or an existing user who has met the final compliance schedule date, for applicable pretreatment standards, shall submit to the city, within ninety days, a report, indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements, the average and maximum daily flow for these process units, and the actual average production rate for these process units. The report shall state whether the applicable pretreatment standards or requirement are being met on a consistent basis and, if not, what additional operational and maintenance changes and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and a certified qualified professional. Filing of this compliance report cannot relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law or failure to meet the applicable pretreatment standards or requirements subsequent to the date for final compliance with such applicable standards.

E. Periodic Compliance Reports.

1. Class I and II industrial users shall submit a report to the city twice a year, or more frequently as specified in the permit or permit contract. The compliance report shall at a minimum contain the following:

a. The nature and concentration of pollutants which are limited by pretreatment standards or requirements or which are specified in the permit for each regulated waste stream;

b. A record of average daily flow for the reporting period for each regulated waste stream;

c. Methods utilized by the user in collecting the wastewater sample for analysis, sampling device used, the sampling period, the amount of each sample collected, sample handling and preservation techniques used, and date of sample delivery to the laboratory for analysis;

d. In the event a sample from a periodic compliance report indicates that a constituent is in violation of the allowable concentration levels as set forth in the users permit, the user shall inform the plant superintendent within the next business day, repeat the sampling and pollutant analysis for the parameter in violation, and submit in writing within thirty days of the discovery of the first violation. The sampling and analysis report will also state the causes of the violation, the remedial actions taken to date in response to the violation, and the scheduled additional actions which will be implemented to prevent a reoccurrence. (Ord. 01-102 § 2 (part), 2001).

A. Monitoring Requirements. Any user may be required to provide wastewater sampling and/or monitoring results or to submit to monitoring by the city to assist the city in establishing the appropriate Class of the user and/or to evaluate compliance with the standards and the requirements of this chapter.

1. Classification Sampling. All industrial users may be required to sample. and analyze their waste streams to determine the appropriate class of the user. Classification sampling shall be at the city's request. The number and type of samples and pollutants analyzed shall be as specified by the city in order to adequately characterize the user's wastewater discharge.

2. Baseline Sampling. All Class I and II industrial users shall sample and analyze their regulated waste stream(s) as part of a permit application or modification of a permit as specified in Sections 13.05.180(A) and 13.05.180(F) of this chapter. In addition all Class I and II industrial users are required to submit baseline reports as specified in Section 13.05.190(C).

3. Initial Compliance Sampling. All Class I and II industrial users shall sample and analyze their regulated waste stream(s) for the compliance report as specified in Section 13.05.190(D) of this chapter. Samples shall be analyzed for those pollutants regulated in the applicable pretreatment or as required by the city.

4. Periodic Compliance Sampling. All Class I and II industrial users shall sample and analyze their regulated waste stream(s) to evaluate compliance, with the users permit or permit contract. Periodic compliance monitoring shall be conducted at least twice each year unless specified more frequently in the users permit or in the applicable National Categorical Pretreatment Standard. Samples will be analyzed for those pollutants regulated in the applicable pretreatment standard or as otherwise required by the city.

5. Confirmation Sampling. Whenever sampling results indicate that the user's regulated waste stream(s) is in violation of any pretreatment standard or requirement, the user shall collect a second sample to assess the degree of violation. For the second sample, the user shall analyze only for the pollutant(s) found to be in violation. The user shall provide the city with the results from the confirmation sampling within thirty days of the date the violation was discovered.

6. Sampling and Evaluation Program. If confirmation sampling indicates a second violation, then the city may initiate a sampling and evaluation program (SEP). The SEP will be conducted by the city and may include collection of three to five samples. The SEP will establish whether there is continued noncompliance by the user. Samples collected during the SEP may be analyzed for other pollutants in addition to the pollutant(s) in violation.

7. City Sampling. The city may collect and analyze samples on its own or request the user to split samples to evaluate compliance with this chapter or the user's permit. The city also reserves the right to conduct all sampling and analysis for the user with all the cost to be paid by the user. In the event the data obtained by the city differs from data provided by the user, the city data shall be presumed accurate unless and until the user provides substantial evidence otherwise. In the event the city performs the sampling, whether announced or unannounced, the user may request that the city split the samples and provide one of the split samples for the user's independent analysis.

B. Sampling Procedures. All sampling and testing undertaken for the purpose of compliance. with the sampling and reporting requirements of this chapter shall be undertaken in the manner set forth herein. Except as otherwise provided in this section or as otherwise agreed in writing by the city, samples for pH, cyanide, sulfide, phenols, oil and grease and volatile organics shall consist of grab samples. A minimum of four grab samples shall be taken for the referenced constituents throughout the entire process discharge period.

Each grab sample for the referenced, constituents will be individually preserved and kept separate, and will be composited only by the testing laboratory prior to analysis. Composite samples will be taken for all other pollutants, one sample every hour throughout the discharge period, or a twenty-four-hour period as required by the city. Each regulated waste stream shall be sampled and analyzed separately unless the user's permit allows for sampling and analyzing the combined waste streams.

The methods of obtaining the sample shall be specified by the city in the user's permit. The city may state special sampling requirements as needed to insure compliance with this chapter.

C. Analytical Procedures. All samples will be preserved and analyzed in accordance with the procedures presented in the Code of Federal Regulations Title 40, Part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants). Unless approved otherwise by the city, all analyses shall be performed by a laboratory(s) certified by the state for the specific pollutants and matrix to be analyzed.

D. Sampling Records. The user shall record and maintain, the following information, for each sampling event:

• 1. The date, exact place, method, and time of sampling and the names of person or persons taking samples,
• 2. Sample preservation. used;
• 3. The date's analyses were performed;
• 4. Chain of custody of sample;
• 5. Who performed the analyses;
• 6. The analytical techniques/methods used;
• 7. The results of such analyses.

E. Monitoring Facilities. The city may require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of regulated discharge. The monitoring facility shall be accessible to city staff at all times and should be normally situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. (Ord. 01-102 § 2(part), 2001).

All applications, reports, or other information submitted to the city must contain the following certification statement.

I certify under penalty of perjury that this document and all attachments were prepared under my direction or supervision and in accordance with the system designed to insure that qualified personnel properly gather and evaluate the information submitted. Based on, my inquiry of the personnel(s) who manage the system, or those 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 knowingly submitting false information, including the possibility of fine and/or imprisonment for knowing violations.

This statement shall be signed by an authorized representative of the industrial user as defined in 40 CPR 403.12(I)(1-4). (Ord. 01-102 § 2(part), 2001).

A. The city has the right of inspection of the facilities of any user to ascertain whether or not the objectives of this chapter are being met and all standards and requirements are being complied with. Persons or occupants of premises where wastewater is generated or discharged, or where hazardous substances or hazardous wastes are present, shall allow the city or their representative ready access at all reasonable times of day or night, upon reasonable notice to all parts of the premises for the purpose of inspection, sampling, analysis, records examination and copying, or the review of any of their duties. The city, or its authorized representative, accompanied by such other representatives of other public agencies as may be appropriate, shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance, monitoring, and/or metering operations. Where a security system is in force, the user shall make necessary arrangements, permit from the city along with other authorized representatives, on the premises, without delay, for the purpose of performing their responsibilities.

B. Such inspections shall be made with the consent of the owner or possessor of such facilities or if such consent is refused, with a warrant duly issued, provided however, that in the event of an emergency affecting public health or safety, such inspections may be made without consent or the issuance of a warrant. To the extent that the owner or the possessor of the premises requires that a warrant be received, the city may, in its discretion, suspend the permit and or any other right to discharge to sanitary facilities immediately, and such suspension may continue until such time as a warrant has been received and the inspection has been completed. (Ord. 01-102 § 2(part), 2001).

Users shall provide necessary wastewater pretreatment as required to comply with this chapter and shall achieve compliance with all national pretreatment standards within the time limitations as specified by the federal regulations, or this chapter or the permit, whichever is earliest. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or the method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes. (Ord. 01-102 § 2(part), 2001).

Pursuant to federal requirements, the city shall annually publish in the largest daily newspaper within the jurisdictional boundaries of the city a list of users, which were in significant noncompliance with any pretreatment requirements or standards during the twelve previous months. The notification shaft also summarize any enforcement actions taken against the user(s) during the same twelve months. (Ord. 01-102 § 2(part), 2001).

All records relating to compliance with pretreatment requirements or standards shall be made available to officials of the EPA, state, and city, or their authorized representatives. These records shall be maintained for a minimum of three years from the date of the compliance report to which these records are applicable or three years from any investigation or enforcement action undertaken by the city, state or EPA has been concluded, except where there is unresolved litigation regarding the user or the city to which such records are relevant, in which cases the records will be retained until the litigation is concluded. (Ord. 01-102 § 2(part), 2001).

A. All information and data relating to a user's facilities obtained from reports, questionnaires, permit applications, permits, monitoring programs, and inspections shall be available to the public or other governmental agencies without notification unless the user specifically requests confidentiality, and is able to demonstrate to the satisfaction of the city that the release of such information is proprietary in nature.

B. The portions of such information which are proprietary in nature shall not be made available for inspection by the public but shall be made available upon request to other governmental agencies for purposes related to this chapter, National Pollutant Discharge Elimination System (NPDES) and or pretreatment program. Those portions of the information shall also be available for use by any state agency in judicial review or enforcement proceedings involving the user. Waste-constituents and characteristics will not be recognized as confidential information. The burden will be on the user to demonstrate to the satisfaction of the city that information and data requested from the user is proprietary.

C. Any information accepted by the city as confidential shall not be transmitted to anyone except the Environmental Protection Agency, the State Water Quality Control Board, and/or the Regional Water Quality Control Board, until and unless a ten-day notice is given to the user. (Ord. 01-102 § 2(part), 2001).

The enforcement mechanisms available to the city for violations of the provisions of this chapter, applicable city resolutions, and permit provisions include the following:

A. Informal administrative action including notification of violations (NOV's) and warning notices;

B. Administrative orders;

C. Instituting of sampling and evaluation programs, enforcement compliance schedule agreements, and related administrative orders;

D. Assessment of charges for obstruction or damage to city facilities or operations;

E. Suspension or termination of services;

F. Administrative civil penalties;

G. Civil action;

H. Criminal action. (Ord. 01-102 § 2(part), 2001).

City staff may, on an informal basis, take action against a discharger for minor violations or technical or clerical shortcomings of a user or user's compliance submittals. These informal administrative actions may include informal notices (i.e., telephone calls to the user's representative), notice of violation (NOV), and informal meetings or informal warning letters. Such action will not prevent a subsequent or concurrent imposition of other enforcement mechanisms. (Ord. 01-102 § 2(part), 2001).

A. When the city finds that a user has violated the prohibitions or requirements of this chapter or the provisions of a wastewater discharge permit, the city may issue an administrative order directed at the user to: (1) cease to discharge (suspension of services); (2) comply with requirements immediately; or (3) make such changes to their pretreatment facility and procedures to ensure full compliance.

B. The city may issue, under the circumstances set forth above, an order containing a compliance schedule setting forth dates by which specific corrective actions must be completed. (Ord. 01-102 § 2 (part), 2001).

A. Grounds for Initiating Sampling and Evaluation (S & E) Programs. In addition to those grounds set forth in Section 13.05.200, Administration – Monitoring, grounds for instituting an S & E program include compliance sampling having indicated a significant noncompliance (SNC). The S & E program may consist of daily required sampling of the user's for up to five days. The city or outside laboratory will analyze these samples for the violating constituents and provide notice to the user of the results of the sampling. Violations, which may occur during the S & E program, shall constitute violations under this chapter or under any applicable law.

B. S & E Program Revealing Noncompliance. If the S & E program reveals noncompliance by the user with the prohibitions or specific pollutant limitations specified in this chapter or in the user's permit:

1. The user may be assessed all costs incurred during the S & E program for sampling and analysis, including labor, equipment, materials, outside services, and overhead.

2. The city may place the user on a compliance schedule or undertake another S & E program. The compliance schedule shall provide for minimum required actions to be undertaken by the discharger and a schedule for completion of the actions. The compliance schedule may include interim constituent maximum level. All violations of constituent maximums or other requirements set forth in the compliance schedule, including failure to meet schedule dates shall constitute violations of this chapter and other applicable laws. Each day a discharger fails to meet a schedule date shall constitute a separate violation. Any constituent limit violation during the compliance schedule period shall provide grounds for the institution of an additional S & E program.

3. The city may amend an existing permit through an enforcement schedule agreement (ESCA). This may be done after consultation with the user, if the user has made good faith attempts to comply but requires additional time for construction and/or acquisition of equipment related to pretreatment. The permit may be amended with the ESCA for one hundred eighty days; however this period may be extended for another one hundred eighty days upon determination by the director of public works that good cause exists.

4. Any other enforcement mechanism set forth in this chapter or other applicable law may be commenced.

C. Continued Noncompliance After S & E Program or ESCA. If a user remains in noncompliance because corrective action is not taken within a reasonable time after completion of S & E program or the expiration of an ESCA, an administrative order may be issued. Any of the other enforcement mechanisms set forth in this chapter or applicable laws may also be commenced. (Ord. 01-102 § 2(part), 2001).

When a user's discharge, whether due to negligence, accident, spill or otherwise, causes an obstruction, damage or any other impairment to the city's operation or facilities, the city may impose a charge on the user for the cost incurred to clean or repair the facility, or to resume normal operations assessments or penalties including any fines imposed upon the city for violation of its discharge requirements directly resulting from the discharge. An administrative fee of twenty-five percent of the city's costs may be added to these charges. The total amount will be paid within forty-five days of invoicing by the city. (Ord. 01-102 § 2(part), 2001).

A. Suspension of Service. The city may suspend a user's wastewater treatment service and or a wastewater discharge permit by issuance of a cease and desist order when the city makes the determination that such suspension is necessary in order to prevent an actual or threatened discharge, which presents or may present an imminent and substantial endangerment to the health or welfare of individuals or the environment, causes or may cause interference to the treatment plant or other city operations, or causes or may cause the city to violate any condition of its NPDES permit. Additionally, a permit may be suspended for any of the conditions set forth in Section 13.05.230(B). Nothing in this subsection will limit the rights of the city to suspend or terminate service to specific permit.

Any industrial user notified of a suspension of service and/or the wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the administrative order, the city shall take such steps as deemed necessary to prevent or minimize damage to city facilities or endangerment to persons or the environment. The city may reinstate the wastewater discharge permit, and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge.

B. Revocation of Permit/Termination of Permit Contract. Any user who violates the following conditions is subject to having its permit revoked or terminated:

1. Any user who knowingly gives or provides a false statement, representation, record, report, plan, or other document to the city or falsities, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter;

2. Failure of a user to factually and completely report the wastewater constituents and characteristics of its discharge;

3. Failure of a user to report significant changes in operations or wastewater constituents and characteristics;

4. Refusal of access to a user's premises for the purpose of inspection or monitoring;

5. Failure of a user to notify the city immediately of an accidental discharge and or take appropriate corrective action to prevent a reoccurrence;

6. Failure of a user to file a periodic compliance report, or the report in time and manner as required by this chapter;

7. Significant violations of a permit, or conditions and/or violation of this chapter. Any violation of the discharge standards where a constituent is determined to be five times the concentration standard or any series of three or more violations of the same constituent within a one-year period, shall constitute a significant violation;

8. Failure to pay fees and charges or penalties established and imposed pursuant to this chapter.

C. Immediate Termination of Discharge. In the case of an actual or threatened discharge which reasonably appears to present an imminent and substantial danger to health or welfare of individuals or the environment, the city may after providing reasonable notice to the user, take all necessary steps to halt or prevent such discharge including, but not limited to plugging or physically disconnecting the user's access to the city wastewater system. (Ord. 01-102 § 2(part), 2001).

Pursuant to the authority of California Government Code Sections 54739 to 54740.6, the city or city staff may issue administrative complaints, conduct administrative hearings, and/or impose civil penalties in accordance with the procedures set forth in these sections for violation of the city's requirements relating to pretreatment of industrial waste or the prevention of the entry of industrial waste into the city's collection system or treatment works.

These penalties shall be as follows:

A. In an amount which shall not exceed two thousand dollars for each day for failing or refusing to furnish technical or monitoring reports;

B. In an amount which shall not exceed three thousand dollars for each day for failing or refusing to timely comply with a compliance schedule established by the city;.

C. In an amount which shall not exceed five thousand dollars for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, or adopted by the city;

D. In an amount which shall not exceed ten dollars per gallon for discharges in violation of any suspension, cease and desist order, or other orders, or prohibition issued, reissued, or adopted by the city.

Unless appealed, orders setting administrative civil penalties. shall become effective and final upon issuance thereof, and payment be made within thirty days.

The City Attorney shall institute appropriate actions to effect statutorily authorized remedies, upon order of the City Council . (Ord. 01-102 § 2(part), 2001).

The City Council may direct the City Attorney or other special counsel to bring such civil actions as may be available at law or in equity in any court of competent jurisdiction to enforce the provisions of this chapter and to recover such charges, fees, penalties, and/or damages as may be assessed or may be incurred under the provisions of this chapter.

A. Injunction. Whenever a discharge of wastewater is in violation of the provisions of this chapter, the City Attorney may petition the superior court for issuance of a preliminary or permanent injunction, or both, as may be appropriate in restraining the continuance of such discharge.

B. Civil Actions for Penalties. Any user who violates any provision of this chapter, permit condition, or who violates any cease and desist order, prohibition, or effluent limitation, shall be liable civilly for a penalty not to exceed twenty five thousand dollars for each day in which such violation occurs pursuant to California Government Code Section 54740. Pursuant to the authority of the Clean Water Act 33 U.S.C.A. Section 1251 et seq. any user committing a violation of any provision of this chapter, which is also a violation of a pretreatment standard, effluent standard, or limitation or other applicable provision of the Clean Water Act shall be liable civilly for a sum not to exceed twenty five thousand dollars per violation for each day in which such violation occurs.

C. Other Civil Actions. The city may require compliance with permit conditions or limitations by issuing administrative orders, including cease and desist orders and compliance schedules. The orders are enforceable in a California court of general jurisdiction.

The city however, may directly undertake any court action available at law or equity, including but not limited to a civil action for penalties without first seeking an administrative order or making use of a compliance schedule, and it may concurrently undertake such administrative and court actions as deemed appropriate. (Ord. 01-102 § 2(part), 2001).

A. General Criminal Penalties. Any person who violates any provision of this chapter, or permit or who violates any administrative order, prohibition, or effluent limitation, is guilty of a misdemeanor, and upon conviction is punishable by a fine not to exceed one thousand dollars or imprisonment for not more than one year, or both. Each day of violation may constitute a new and separate offense and may subject the violator to an additional full measure of penalties as set forth herein.

B. Falsifying Information. Any person who knowingly makes any false statements, representations, or certification in any application, record report, plan, or other document filed or required to be maintained pursuant to this chapter, or wastewater discharge permit, or who falsities, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be guilty of a misdemeanor and upon conviction be punished by a fine of not more than one thousand dollars or imprisonment for not more than one year, or both.

Each separate act of falsification, tampering, or knowingly rendering inaccurate shall constitute a new and separate offense and shall be subject to the penalties contained herein. Nothing in this section is intended to exclude the potential for prosecution under the applicable perjury statutes of the state of California to the extent such falsification was incorporated in a document signed under the penalty of perjury. (Ord. 01-102 § 2 (part), 2001).

A. Notification To User. Whenever the city finds that any user has violated or is violating the provisions of this chapter a wastewater discharge permit, or any prohibition, limitation, or requirements contained herein, the city may serve upon such person a written notice stating the nature of the violation. Within thirty days of the date of this notice, a plan for the satisfactory correction of the violation shall be submitted to the city by the user.

Whenever the city assesses a penalty or other form of enforcement action under the provisions of this chapter, the city shall serve upon such user a written notice stating the nature of the enforcement action being taken.

B. Notification to City. When a user discovers that it has violated or is violating the provision of the chapter, its wastewater discharge permit, or any prohibition, limitation or requirement contained therein, including a violation as may be caused by accidental discharge or spill, the user shall immediately notify the city upon discovery of such violation. Within five days following the accidental discharge or spill, the user shall immediately submit to the city a detailed written report describing the accidental discharge or violation; and measures taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, penalty, fee or other liability which may be incurred as a result of the violation. (Ord. 01-102 § 2(part), 2001).

All costs associated with the city's undertaking of enforcement actions pursuant to this chapter, including attorney's fees for civil actions undertaken, shall be paid by the user. These costs may include but are not limited to the costs for termination of service, reinstitution of service, compliance sampling and analysis, and administrative activities undertaken by the city. However, if the user prevails in an appeal to the City Council or a civil action taken to nullify an enforcement action pursued by the city under this chapter, the user shall not be responsible for the costs incurred by the city in pursuing the enforcement action. (Ord. 01-102 § 2(part), 2001).

Any violation of pretreatment standards or requirements (limits sampling, analysis, reporting and meeting compliance schedules, and regulatory deadlines) is an instance of noncompliance for which the industrial user is liable for enforcement including penalties. However, the city is required to identify violations or patterns of violations by industrial users that are deemed to be instances of significant noncompliance (SNC). The determination of significant noncompliance shall be used as the basis for reporting same to the regulatory authorities and publishing the list of significant noncompilers as is required of the city by law.

The following is a guideline of criteria, which will be used in determining instances of SNC:

A. Violations of Wastewater Discharge Limits.

1. Chronic Violations. Chronic violations shall be deemed to be present when sixty-six percent of the measurements exceed the daily maximum limit or the average limit for the same parameter in a six-month period.

2. Technical Review Criteria Violations. A technical review criteria (TRC) violation occurs if thirty-three percent of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six-month period. Such violations may be deemed significant noncompliance. TRC is defined as 1.4 times the average or maximum limit for the oil and grease and 1.2 for all other pollutants except pH.

3. Other Effluent Limit Violations. Any other violation(s) of an effluent limit (average or daily maximum) that the city believes has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass through (including adverse effect on any toxicity testing); or endanger the health of treatment plant personnel or the public.

4. Danger to Human Health or Welfare. This category also includes any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.

B. Violation of Compliance Schedule. Violations of compliance schedule, contained in any order given to the user by the city, including the ECSSA for starting and completing construction, attainment of final compliance by ninety days or more after any scheduled date.

C. Failure to Provide Proper Data. Significant noncompliance will also include failure to provide reports for compliance schedules, self monitoring data or categorical standards (baseline monitoring reports), ninety-day compliance reports, and periodic reports within thirty days from the date such reports or other data are due.

D. Failure to Accurately Report. Significant noncompliance status may also be derived from the failure of the user to accurately and promptly report any noncompliance. Any attempt to circumvent the reporting requirements or otherwise withhold noncompliance data from the city shall give rise to SNC status. (Ord. 01-102 § 2(part), 2001).

A. Any user, permit applicant, or permit holder affected by any decision, enforcement action, or determination made by the city, interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the director of public works a written request for reconsideration of a staff decision, action or determination within fifteen days of notification of the staff decision, action or determination. The written request for reconsideration shall detail facts supporting the user's request and such facts shall include a statement listing all relevant facts which shall be considered including such facts as may not have been known or available to the city at the date of such action. The director of public works shall render a decision on the request for reconsideration within fifteen days of receipt of the request, unless the director of public works requests additional information from the city staff or the user. The director of public works shall concur, modify or rescind the action, decision, or determination previously made or may grant a show cause hearing regarding such decision, action or determination. if the ruling made by the director of public works is unacceptable, the user may within ten days after the date of notification file a request for appeal to the City Manager, by filing the request with the City Clerk.

B. A user shall not have a right to an appeal to the City Manager unless the user has complied with the procedures concerning the request for reconsideration by the director of public works.

C. When a request for appeal to the City Manager has been properly filed with the City Clerk his or her office will schedule the matter to be heard by the City Manager (or his or her designee) within forty-five days from the date of the filing of the written request. The City Manager (or his or her designee) shall make a ruling within thirty days from the date of hearing, unless the City Manager requests additional information, from the city staff or the user. Notwithstanding the foregoing, the statutory appeal procedures set forth in California Government Code Section 54739, et seq., applicable to administrative civil penalties imposed or sought pursuant to Section 13.05.340 of this chapter are the exclusive appeal process for such penalties. (Ord. 01-102 § 2(part), 2001).

A. The city may order any user who violates any of the provisions of this chapter, or permit conditions to appear before a designated hearing officer to show cause why a proposed enforcement action should not be taken. Notice shall be provided to the user specifying the time and place of the hearing. A notice for a show cause hearing shall set forth the violation, the reason why an action is to be taken, the proposed enforcement action, and other pertinent information as will notify the user of the nature of the hearing. The user has the burden of proof to demonstrate that the proposed action should not be taken or that the decision, action, or determination previously made should be rescinded or modified. A notice of hearing shall be served personally or by registered or certified mail at least ten days before the hearing. Service of the notice may be made on an agent of the user or officer of the user's business entity.

B. A city employee or officer designated by the director of public works, or director of public works himself, may conduct the hearing and take evidence, or the city may designate another independent person to do so. The city shall not provide, as a matter of course, stenographic recording of the hearing. However, the user may provide for such stenographic recordation at its expense.

C. Once the hearing officer has reviewed the evidence, administrative orders may be issued which specifically relate to the issues set forth in the notice of show cause hearing. If the user is dissatisfied with the determination of, or the administrative order issued by the hearing officer, the user may file a written request for appeal to the City Manager. The request for appeal shall be filed with the City Clerk within ten days of issuance of the determination order of the hearing officer. (Ord. 01-102 § 2(part), 2001).

The purpose is to provide for both the recovery of costs from users of the city facilities for the implementation of the source control and related programs established herein and provide for a sewer service fee to be imposed on all nonresidential dischargers to the city sewage system with regard to the source control and related programs. The intent here is also to provide for recovery of costs from the users of those programs. (Ord. 01-102 § 2(part), 2001).

All users shall pay a user charge for the city wastewater disposal services. This sewer service charge will be in addition to the fee imposed on certain users for the administration of

the source control program. The sewer service charge shall reflect the quantity, quality, and flow of the wastewater of the user and will be based on the city's operating cost to intercept, treat and dispose of the wastewater. The sewer service charge shall be set from time to time by the City Council . (Ord. 01-102 § 2(part), 2001).

The city may adopt charges and fees to compensate the city for its activities under the source control program, which may include:

A. Setting up and operating the city's pretreatment program industrial user notification program;

B. Monitoring, sampling, inspection, and surveillance procedures;

C. Reviewing accidental discharge procedures and construction;

D. Processing permit applications;

E. Implementation of administrative and legal enforcement measures;

F. Other fees as the city may see necessary to carry out the requirements of the programs contained herein.

These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the city. These fees and charges may include staff costs as well as legal, consulting, and laboratory costs, associated with the city activities in implementation of these programs. (Ord. 01-102 § 2 (part), 2001).

A. All fees, charges and penalties made pursuant to the provisions of this chapter,. except as otherwise provided, are due and payable upon receipt of notice. All such amounts shall become delinquent thirty days after the date of invoice.

B. A penalty for delinquent accounts shall he or she charged a penalty of one and one-half percent per month.

C. Any invoice outstanding or unpaid after ninety days shall be cause for immediate initiation of permit revocation proceedings.

D. Penalties charged under this section shall not accrue to those invoices successfully appealed, provided the city receives written notification of the appeal prior to the payment due date. Payment is still required, of the disputed charges, during city review of any appeal submitted by users. (Ord. 01-102 § 2 (part), 2001).

Permit users that have been subjected to enforcement proceedings may be required to deposit with the city an amount determined by the director of public works and not to exceed twenty-five thousand dollars prior to permission being granted for further discharges to city facilities. The deposit will be provided as a security to ensure that the requirements of this chapter are complied with and that any and all fees and charges associated with the user's permit are paid. The security may be returned after one year, provided that the user has not been subject to any enforcement actions or enforcement fees within that one-year period. The deposit shall be cash or other security acceptable to the city. (Ord. 01-102 § 2(part), 2001).

All nondomestic users, shall be required to install and maintain a grease, oil and sand interceptor. It is necessary for the proper handling of (a) liquid waste containing grease, (b) flammable wastes, (c) sand, or (d) other harmful constituents which may be properly eliminated from the sewerage system by the use of an interceptor or trap. Interceptor is not required for a building used solely for residential purposes as long as there is no common food preparation facility. Interceptor is required when the wastewater flow from the building is anticipated to contain grease, flammable substances, sand or other harmful ingredients in amounts or concentrations which in the opinion of the city present the possibility of causing or contributing to the fouling of or the blockage of or other damage to the city facilities. (Ord. 01-102 § 2(part), 2001).

The city shall administer an interceptor program which is intended to prevent grease, sand and flammable liquids, and other substances which are likely to block or create a hazard within the city facilities from entering the system through use of interceptors or traps. The city may require any nondomestic user to install an interceptor or trap if the city discovers or determines subsequent to the connection that the building facility or operation of that user produces a waste with characteristics that would require installation of a trap or interceptor pursuant to this chapter. The installation of a proper interceptor or trap device shall be the responsibility of the parcel owner and the entity which applies for the connection or industrial user permit and the owner/proprietor of the business or entity whose operations cause or contribute to the necessity for an interceptor or traps. The city shall determine whether a grease trap, grease interceptor, or other interceptor is required on a case-by-case basis based on an evaluation of objective criteria including but not limited to factors such as those listed below:

A. The type of facility (a restaurant, bakery, cheese factory, yogurt shop, gas station, lube facility, etc.)

B. The volume of user's operation or business (such as meals served, number of seats, hours of operation);

C. Size and nature of facilities (including kitchen facilities) based on size, type, number of fixtures, and type of processing or cooking equipment used;

D. The type of service provided or operation such as dine-in meal service versus carry out meal service;

E. The type of foods or other materials used in cooking or manufacturing operations carried on within the user's facility;

F. The overall potential for grease-laden, flammable, or sand-laden discharges;

G. The existence of devices, procedures, or processes which are designed to minimize the amount of grease, sand, oil, or other flammable liquids from entering the newer system.

The design, location and procedures for operation of a required interceptor or trap shall be approved by the city. Such approval shall be obtained prior to the users connection of the facility to the city sewerage system, in the event of new construction or remodeling. In instances where a user has already connected and the city determines that an interceptor or trap must be installed, the user shall promptly provide for the installation of the interceptor or trap within a reasonable time frame (as may be set by the city), including providing such design plans and operational plans as may be required. The installation of an interceptor or trap as required by this chapter on an existing user facility shall occur within reasonable time not to, exceed sixty days after the user has been provided notice of the requirement that an interceptor or trap be installed. This sixty-day limit may only be extended by written agreement of the city. (Ord. 01-102 § 2 (part), 2001).

Any user who is required by the city and/or this chapter to install and/or operate an interceptor or trap device, shall be required to adequately maintain the interceptor or trap device so that such device is in proper working order at all times. Grease and oil interceptors shall be cleaned by a licensed and permitted waste hauler on a periodic basis so as to assure that the interceptor will operate as designed at all times.

Any users who are required to install or have in operation an interceptor or traps pursuant to this chapter, shall be required to have a plan of operation or program for their facility which is intended to ensure that the interceptor or traps operates as designed to prevent grease, oil, sand or other harmful constituents from entering the sewerage system. These procedures may include adoption of kitchen practices to minimize the grease-laden (garbage which ultimately enters the facility's drains and floor traps and/or other such procedures as may be required for the proper operation of the interceptors. (Ord. 01-102 § 2(part), 2001).

Any user who fails to maintain an interceptor or trap pursuant to this chapter and/or pursuant to lawful city direction, shall be subject to each of the enforcement provisions set forth in this chapter. The enforcement provisions of this chapter shall apply to the failure to instruct personnel, or to maintain, pump, and/or institute a proper grease or flammable substance reduction program. (Ord. 01-102 § 2 (part), 2001).

APPENDIX A: RECOMMENDED PROCEDURES FOR SIZING COMMERCIAL KITCHEN GREASE INTERCEPTORS

A. Waste Discharge Requirements

1. Waste discharge from fixtures and equipment in establishments which may contain grease, including but not limited to, scullery sinks, pot and pan sinks, dishwashing machines, soup kettles and floor drains located in areas where grease-containing materials may exist, may be drained into the sanitary waste through the interceptor when approved by the Administrative Authority.

2. Toilets, urinals, and other similar fixtures shall not waste through the interceptor.

3. All waste shall enter the interceptor through the inlet pipe only.

B. Design

1. Interceptors shall be constructed in accordance with the design approved by the Administrative Authority and shall have a minimum of two compartments with fittings designed for grease retention.

2. There shall be an adequate number of manholes to provide access for cleaning all areas of an interceptor; a minimum of one (1) per ten (10) feet (3.0 m) of interceptor length. Manhole covers shall be gastight in construction having a minimum opening dimension of twenty (20) inches (0.5 m).

3. In areas where traffic may exist the interceptor shall be designed to have adequate reinforcement and cover.

D. Location

1. Each grease interceptor shall be so installed and connected that it shall be at all times easily accessible for inspection, cleaning, and removal of the intercepted grease. A grease interceptor may not be installed in any part of a building where food is handled. Location of the grease interceptor shall meet the approval of the Administrative Authority.

2. Interceptors shall be placed as close as practical to the fixtures it serves.

3. Each business establishment for which a grease interceptor is required shall have an interceptor, which shall serve only that establishment.

Appendix A

D. Sizing Criteria

1. Parameters. The parameters for sizing a grease interceptor are hydraulic loading and grease storage capacity, for one or more fixtures.

2. Sizing Formula. The size of the interceptor shall be determined by the following formula:

1. Meals Served at Peak Hour

2. Waste Flow Rate

a. With dishwashing machine 6 gallon

(22.7 L) flow

b. Without dishwashing machine 5 gallon

(18.9 L) flow

c. Single service kitchen 2 gallon,

(7.6 L) flow

d. Food waste disposer 1 gallon

(3.8 L) flow

3. Retention Times

Commercial kitchen waste

Dishwasher 2.5 hours

Single service kitchen

Single serving 1.5 hours

4. Storage Factors

Fully equipped commercial kitchen 8 hour operation: 1

16 hour operation: 2

24 hour operation: 3

Single Service Kitchen 1.5 hours

E. Effluent Sampling. An effluent sampling box on grease interceptors may be required by the Administrative Authority.

F. Abandoned Grease Interceptors. Abandoned grease interceptors shall be pumped and filled as required for abandoned sewers and sewage disposal facilities in Section 722.0.

TABLE 10-2 Grease Traps

TABLE 10-2 Grease Traps (Metric)

Note: For installations with more than four (4) fixtures, the Administrative Authority may permit the use of larger grease traps designed not to exceed the parameters of Section 1011.4, but not to exceed seventy-five (75) GPM (284 liters per minute).

See also Appendix H, Procedures for Sizing Commercial Kitchen Grease Interceptors.

Section 1011.4 - 1013.0 Traps

Any grease trap installed with the inlet more than four (4) feet (1.2 m) lower in elevation than the outlet of any fixture discharging into such grease trap shall have an approved rate of flow which is not less than fifty (50) percent greater than that given in Table 10-2. Not more than four (4) separate fixtures shall be connected to or discharged into any one (1) grease trap.

For the purpose of this section, the term “fixture” means and include each plumbing fixture, appliance, apparatus, or other equipment required to be connected to or discharged into a grease trap by any provision of this section.

Unless specifically required or permitted by the Administrative Authority, no food waste disposal unit or dishwasher shall be connected to or discharge into any grease trap.

Each interceptor (clarifier) shall be properly vented.