Pismo Beach Municipal Code Ch. 13.12 Pretreatment Ordinance

This chapter sets forth uniform requirements for users of the publicly owned treatment works for the City of Pismo Beach (the city) and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code [U.S.C.] Section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403). The objectives of this chapter are:

A. To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;

B. To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;

C. To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

D. To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;

E. To enable the city to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.

This chapter shall apply to all users of the publicly owned treatment works. the chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires user reporting.

(Ord. O-2023-005 § 3 (part), 2023)

Except as otherwise provided herein, the director of public works (director) shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the director may be delegated by the director to a duly authorized city employee.

(Ord. O-2023-005 § 3 (part), 2023)

The following abbreviations, when used in this chapter, shall have the designated meanings:

Act - Federal Water Pollution Control Act or Clean Water Act

AWPF - Advanced Water Purification Facility

BMP - Best Management Practice

BMR - Baseline Monitoring Report

BOD - Biochemical Oxygen Demand

• C - Celsius

• CFR - Code of Federal Regulations

• City - City of Pismo Beach

• CIU - Categorical Industrial User

• COD - Chemical Oxygen Demand

Director - Director of Public Works for the City

EPA - U.S. Environmental Protection Agency

F - Fahrenheit

FSE - Food Service Establishment

FOG - Fats, Oils, and/or Grease

gpd - gallons per day

IU - Industrial User

mg/L - milligrams per liter

NPDES - National Pollutant Discharge Elimination System

NSCIU - Non-Significant Categorical Industrial User

O&M - Operations and Maintenance

POTW - Publicly Owned Treatment Works

RCRA - Resource Conservation and Recovery Act

SIU - Significant Industrial User

SNC - Significant Noncompliance

SSO - Sanitary Sewer Overflow

SUO - Sewer Use Ordinance

TRC - Technical Review Criteria

TSS - Total Suspended Solids

U.S.C. - United States Code

User - Industrial User

(Ord. O-2023-005 § 3 (part), 2023)

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.

A. “Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.

B. “Advanced water purification facility” means facility that treats and purifies municipal secondary effluent to drinking water standards.

C. “Approval authority” means the California Regional Water Quality Control Board Central Coast Region, or any successor agency.

D. “Authorized” or “duly authorized representative of the user” means:

1. If the user is a corporation:

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

b. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

2. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

3. If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

4. The individuals described in paragraphs D.1. through D.3., above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

E. “Best management practices” or “BMPs” means a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the requirements of this chapter. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

F. “Biochemical oxygen demand” or “BOD” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at twenty degrees (20º) C, usually expressed as a concentration (e.g., mg/L).

G. “Bypass” means the intentional diversion of waste streams from any portion of a treatment facility.

H. “Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

I. “Categorical industrial user” means an industrial user subject to a categorical pretreatment standard or categorical standard.

J. “Chemical Oxygen Demand” or “COD” means a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

K. “City” means the City of Pismo Beach, California.

L. “Control authority” means the city.

M. “Daily maximum” means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

N. “Daily maximum limit” means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

O. “Director of public works” or “director” means the person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter. This term also includes a duly authorized representative, as designated in writing by the director.

P. “Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.

Q. “Existing source” means any source of discharge that is not a “new source.”

R. “Food solids” means the thickness of the bottom layer of food solids.

S. “Grab sample” means a sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen minutes.

T. “Grease interceptor” means a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, including any local amendments thereto, underground between a FOG discharger and the connection to the sewer system. This device primarily uses gravity to separate FOG from the wastewater as it moves from one compartment to the next. This device must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner at regular intervals to be effective.

U. “Grease layer” means the thickness of the top layer of grease.

V. “Grease removal device” means any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system. Grease removal device may also include any other proven method to reduce FOG subject to approval of the utilities division/department manager. A grease removal device is a form of pretreatment and as such is subject to all regulations pertaining to the installation and maintenance of pretreatment systems as recognized in this chapter and in the General Pretreatment Regulations (40 CFR 403).

W. “Grease trap” means a grease control device that is used to serve individual fixtures and have limited effect and should only be used in those cases where the use of a grease interceptor or other grease removal device is determined to be impossible or impracticable.

X. “Indirect discharge” or “discharge” means the introduction of pollutants into the POTW from any nondomestic source.

Y. “Instantaneous limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

Z. “Interference” a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

AA. “Local limit” means specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

BB. “Medical waste” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

CC. “Monthly average” means the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.

DD. “Monthly average limit” means the highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.

EE. “Narrative standard” or “narrative limit” means any statement of prohibition or condition on a discharge established in this chapter that is not a local limit. Narrative standards include, but are not limited to, prohibited discharge standards and BMPs.

FF. “New source” means any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307(c) of the Act that will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that:

1. The building, structure, facility, or installation is constructed at a site at which no other source is located; or

2. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

3. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, 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.

4. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraphs 5.b. or 5.c. below but otherwise alters, replaces, or adds to existing process or production equipment.

5. Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

a. Begun, or caused to begin, as part of a continuous onsite construction program any placement, assembly, or installation of facilities or equipment; or

b. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

c. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

GG. “Noncontact cooling water” means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

HH. “Oil interceptor” means a device for retaining oil by gravity-differential separation from waste effluent, and of a design and capacity approved by the utilities division/department manager.

II. “Pass through” means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city’s NPDES permit, including an increase in the magnitude or duration of a violation.

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

KK. “pH” means a measure of the acidity or alkalinity of a solution, expressed in standard units.

LL. “Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

MM. “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

NN. “Pretreatment requirements” any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

OO. “Pretreatment standards” or “standards” means prohibited discharge standards, categorical pretreatment standards, local limits, and any other numerical or narrative effluent limit contained in this chapter.

PP. “Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 13.12.050 (Prohibited Discharge Standards) of this code.

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

RR. “Sanitary sewer overflow” means a release of untreated or partially treated sewage from a municipal sanitary sewer.

SS. “Septic tank waste” means any sewage from holding tanks such as vessels, chemical toilets, boats, campers, trailers, and septic tanks.

TT. “Sewage” means human excrement and gray water (household showers, dishwashing operations, etc.).

UU. “Significant industrial user” or “SIU” means:

1. An industrial user subject to categorical pretreatment standards; or

2. An industrial user that:

a. Discharges an average of twenty-five thousand gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

b. Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

c. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

3. The city may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than one hundred gpd of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

a. The industrial user, prior to the city's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

b. The industrial user annually submits the certification statement required in Section 13.12.140, N.2. (Reporting Requirements) of this code, together with any additional information necessary to support the certification statement; and

c. The industrial user never discharges any untreated concentrated wastewater.

d. Upon a finding that a user meeting the criteria in Subsection 3. of this section has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

V.V. “Slug load” or “slug discharge” means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 13.12.050 (Prohibited Discharge Standards) of this code. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, numerical or narrative effluent limits, local limits or permit conditions.

WW. “Storm water” means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

XX. “Total suspended solids” or “suspended solids” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

YY. “User” or “industrial user” means a source of indirect discharge.

ZZ. “Wastewater” means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

AAA. “Wastewater treatment plant” or “treatment plant” means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

BBB. “Water layer” means the middle layer in a grease trap/interceptor. It must be at least seventy-five percent (75%) of the total depth for the grease trap/interceptor to be functional.

CCC. “25% rule” refers to the amount of FOG that can accumulate in a grease interceptor prior to necessary cleaning. Accumulated FOG cannot exceed twenty-five percent (25%) of the grease interceptor's depth.

1. FOG includes the grease layer and the solids that fall to the bottom of the grease interceptor.

2. The 25% rule is calculated using the following formula:

(Grease Layer+Solids) *100 (Depth of Interceptor)

(Ord. O-2023-005 § 3 (part), 2023)

A. General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes bypass, pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other federal, state, or local pretreatment standards or requirements.

B. Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

1. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred forty degrees (140°) F (sixty degrees (60°) C) using the test methods specified in 40 CFR 261.21;

2. Wastewater having a pH less than six and zero tenths (6.0) or more than nine and zero tenths (9.0), or otherwise causing corrosive structural damage to the POTW or equipment;

3. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in Interference but in no case solids greater than one half inch (0.5") or one and twenty-seven-hundredths centimeters (1.27 cm) in any dimension;

4. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

5. Wastewater having a temperature greater than one hundred fifty degrees (150º) F (sixty-five and sixth-tenths degrees (65.6º) C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees (104º) F (forty degrees (40º) C);

6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

8. Trucked or hauled pollutants, except in accordance with Section 13.12.110, D. (Pretreatment of Wastewater) of this code;

9. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

10. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the city's NPDES permit;

11. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;

12. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the director;

13. Sludges, screenings, or other residues from the pretreatment of industrial wastes;

14. Medical wastes, except as specifically authorized by the director in a wastewater discharge permit;

15. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test;

16. Detergents, surface-active agents, or other substances which that might cause excessive foaming in the POTW;

17. FOG of animal or vegetable origin in concentrations greater than one hundred (100) mg/L;

18. Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than ten percent (10%) or any single reading over five percent (5%) of the lower explosive limit of the meter;

19. Radiological, chemical, or biological warfare agent or high-level radioactive waste;

20. Amalgam or waste discharge containing mercury. (Ord. O-2023-005 § 3 (part), 2023)

Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471.

A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the director may impose equivalent concentration or mass limits in accordance with paragraphs E. and F. of this section.

B. When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the director may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.

C. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the director shall impose an alternate limit in accordance with 40 CFR 403.6(e).

D. A CIU may obtain a net/gross adjustment to a categorical pretreatment standard in accordance with the following paragraphs of this section.

1. Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water in accordance with this section. Any industrial user wishing to obtain credit for intake pollutants must make application to the city. Upon request of the industrial user, the applicable standard will be calculated on a “net” basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of paragraph 2. of this section are met.

2. Criteria.

a. Either (i) the applicable categorical pretreatment standards contained in 40 CFR subchapter N specifically provide that they shall be applied on a net basis; or (ii) the industrial user demonstrates that the control system it proposes or uses to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake waters.

b. Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil and grease should not be granted unless the industrial user demonstrates that the constituents of the generic measure in the user's effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

c. Credit shall be granted only to the extent necessary to meet the applicable categorical pretreatment standard(s), up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with standard(s) adjusted under this section.

d. Credit shall be granted only if the user demonstrates that the intake water is drawn from the same body of water as that into which the POTW discharges. The city may waive this requirement if it finds that no environmental degradation will result.

E. When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the city convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the director. The city may establish equivalent mass limits only if the industrial user meets all the conditions set forth in paragraphs E.1.a. through E.1.e. of this section.

1. To be eligible for equivalent mass limits, the industrial user must:

a. Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its wastewater discharge permit;

b. Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;

c. Provide sufficient information to establish the facility's actual average daily flow rate for all waste streams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

d. Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and

e. Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.

2. An industrial user subject to equivalent mass limits must:

a. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

b. Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;

c. Continue to record the facility's production rates and notify the director whenever production rates are expected to vary by more than twenty percent (20%) from its baseline production rates determined in paragraph E.1.c. of this section. Upon notification of a revised production rate, the director will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

d. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to paragraph E.1.a. of this section so long as it discharges under an equivalent mass limit.

3. When developing equivalent mass limits, the Director:

a. Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;

b. Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

c. May retain the same equivalent mass limit in subsequent wastewater discharge permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to Section 13.12.100 (Dilution) of this code. the industrial user must also be in compliance with Section 13.12.050 (Prohibited Discharge Standards) of this code regarding the prohibition of bypass.

F. The director may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the director.

G. Once included in its permit, the industrial user must comply with the equivalent limitations developed in this section 13.12.070 (Categorical Pretreatment Standards) of this code in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

H. Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

I. Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the director within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the director of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate.

(Ord. O-2023-005 § 3 (part), 2023)

The director may develop BMPs in wastewater discharge permits to implement the requirements of this chapter.

(Ord. O-2023-005 § 3 (part), 2023)

The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this chapter.

(Ord. O-2023-005 § 3 (part), 2023)

No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

(Ord. O-2023-005 § 3 (part), 2023)

A. Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, effluent limits, and the prohibitions set out in Section 13.12.050 (Prohibited Discharge Standards) of this code within the time limitations specified by EPA, the state, or the director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the director for review, and shall be acceptable to the director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this chapter.

B. Additional pretreatment measures.

1. Whenever deemed necessary, the director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.

2. The director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

3. Grease, oil, and sand interceptors shall be required when, in the opinion of the director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the director, shall comply with the city's FOG control program (Section 13.12.150 of this code), and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired in accordance with the city's FOG control program (Section 13.12.150 of this code) by the user at their expense.

4. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

C. Accidental discharge/slug discharge control plans.

1. The director shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The director may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the director may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

a. Description of discharge practices, including nonroutine batch discharges;

b. Description of stored chemicals;

c. Procedures for immediately notifying the director of any accidental or slug discharge, as required by Section 13.12.140, G. (Reporting Requirements) of this code; and

d. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

D. Hauled wastewater.

1. Septic tank waste may be introduced into the POTW only at locations designated by the director, and at such times as are established by the director. Such waste shall not violate Section 13.12.050 (Prohibited Discharge Standards) of this code or any other requirements established by the city. The director may require septic tank waste haulers to obtain wastewater discharge permits.

2. The director may require haulers of industrial waste to obtain wastewater discharge permits. The director may require generators of hauled industrial waste to obtain wastewater discharge permits. The director also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this chapter.

3. Industrial waste haulers may discharge loads only at locations designated by the director. No load may be discharged without prior written consent of the director. The director may collect samples of each hauled load to ensure compliance with applicable standards. The director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

4. Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

5. Approval from the Director must be documented in writing before any septic tank waste or hauler of industrial waste prior to discharge into any location.

(Ord. O-2023-005 § 3 (part), 2023)

A. Wastewater discharge permit requirement.

1. No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the director, except that a significant industrial user that has filed a timely application pursuant to paragraph B of this section may continue to discharge for the time period specified therein.

2. The director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.

3. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Sections 13.12.190 through 13.12.200 of this code. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.

B. Wastewater discharge permitting: existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within sixty days after said date, apply to the director for a wastewater discharge permit in accordance with paragraph D of this section, and shall not cause or allow discharges to the POTW to continue after one hundred eighty days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the director.

C. Wastewater discharge permitting: new connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with paragraph D. of this section, must be filed at least sixty days prior to the date upon which any discharge will begin or recommence.

D. Wastewater discharge permit application.

1. All users required to obtain a wastewater discharge permit must submit a permit application. The director may require users to submit all or some of the following information as part of a permit application:

a. Identifying information:

i. The name and address of the facility, including the name of the operator and owner.

ii. Contact information, description of activities, facilities, and plant production processes on the premises.

b. Environmental permits: A list of any environmental control permits held by or for the facility.

c. Description of operations: A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate or production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.

d. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.

e. Number and type of employees, hours of operation, and proposed or actual hours of operation.

f. Type and amount of raw materials processed (average and maximum per day).

g. Site plans, floor plans, mechanical and plumbing plans; details to show all sewers, floor drains, and appurtenances by size, location, and elevation; and all points of discharge.

h. Time and duration of discharges.

i. The location for monitoring all wastes covered by the permit.

j. Flow measurement: Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).

k. Measurement of pollutants: The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

l. The results of sampling and analysis identifying the nature and concentration, where required by the standard or by the director, or regulated pollutants in the discharge from each regulated process.

m. Instantaneous, daily maximum, and long-term average concentrations, where required, shall be reported.

n. Any other information as may be deemed necessary by the director to evaluate the permit application.

2. Sampling must be performed in accordance with procedures set out in Section 13.12.140, K. (Reporting Requirements) of this code.

a. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 13.12.140, J (Reporting Requirements) of this code. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the director or the applicable standards to determine compliance with the standard.

3. Any requests for a monitoring waiver (or a renewal or an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge.

4. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

E. Application signatories and certifications.

1. All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in Section 13.12.140, N.1. (Reporting Requirements) of this code.

2. If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the director prior to or together with any reports to be signed by an authorized representative.

3. A facility determined to be a non-significant categorical industrial user by the director pursuant to Section 13.12.140 UU.3 (Definitions) of this code must annually submit the signed certification statement in Section 13.12.140, N.1 (Reporting Requirements) of this code.

F. Wastewater discharge permit decisions. The director will evaluate the data furnished by the user and may require additional information. Within sixty days of receipt of a complete permit application, the director will determine whether to issue a wastewater discharge permit.

(Ord. O-2023-005 § 3 (part), 2023)

A. Wastewater discharge permit duration. Any wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the director. Each wastewater discharge permit will indicate a specific date upon which it will expire.

B. Wastewater discharge permit contents.

1. Any wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the director to prevent bypass, pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

2. Wastewater discharge permits must contain:

a. A statement that indicates the wastewater discharge permit issuance date, expiration date, and effective date.

b. A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with paragraph D. of this section and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.

c. Effluent limits and best management practices, based on applicable pretreatment standards.

d. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law.

e. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge.

f. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.

g. Requirements to control slug discharge, if determined by the director to be necessary.

h. Any grant of the monitoring waiver by the director must be included as a condition in the user's permit.

3. Wastewater discharge permits may contain, but need not be limited to, the following conditions:

a. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.

b. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.

c. Requirements for the development and implementation of spill control plans or other special conditions including best management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges.

d. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.

e. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.

f. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices.

g. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit.

h. Other conditions as deemed appropriate by the director to ensure compliance with this chapter and state and federal laws, rules, and regulations.

C. Permit modification. The director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

1. To incorporate any new or revised federal, state, or local pretreatment standards or requirements.

2. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the wastewater discharge permit issuance.

3. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

4. Information indicating that the permitted discharge poses a threat to the city's POTW, personnel, or the receiving waters.

5. Violation of any terms or conditions of the wastewater discharge permit.

6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.

7. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.

8. To correct typographical or other errors in the wastewater discharge permit.

9. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with paragraph D. of this section.

D. Wastewater discharge permit transfer.

1. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least sixty advance notice to the director and the director approves the wastewater discharge permit transfer. The notice to the director must include a written certification by the new owner or operator which:

a. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes.

b. Identifies the specific date on which the transfer is to occur.

c. Acknowledges full responsibility for complying with the existing wastewater discharge permit.

2. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

E. Wastewater discharge permit revocation.

1. The director may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

a. Failure to notify the director of significant changes to the wastewater prior to the changed discharge.

b. Failure to provide prior notification to the director of changed conditions pursuant to Section 13.12.140, F (Reporting Requirements) of this code.

c. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.

d. Falsifying self-monitoring reports and certification statements.

e. Tampering with monitoring equipment.

f. Refusing to allow the director timely access to the facility premises and records.

g. Failure to meet effluent limitations.

h. Failure to pay fines.

i. Failure to pay sewer charges.

j. Failure to meet compliance schedules.

k. Failure to complete a wastewater survey or the wastewater discharge permit application.

l. Failure to provide advance notice of the transfer of business ownership of a permitted facility.

m. Violation of any pretreatment standard or requirements, or any terms of the wastewater discharge permit or this chapter.

2. Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a user are void upon the issuance of a new wastewater discharge permit to that user.

F. Wastewater discharge permit reissuance. An Industrial user with an expiring industrial wastewater discharge permit shall apply for a permit reissuance by submitting a complete permit application in accordance with Section 13.12.120 D. (Individual Wastewater Discharge Permits) of this code, a minimum of thirty days prior to the expiration of the industrial user's existing industrial wastewater discharge permit.

G. Regulation of waste received from other jurisdictions.

1. If another municipality, or user located within another municipality, contributes wastewater to the POTW or AWPF, the director shall enter into an intermunicipal agreement with the contributing municipality.

2. Prior to entering into an agreement required by paragraph G.1., above, the director shall request the following information from the contributing municipality:

a. A description of the quality and volume of wastewater discharged to the POTW or AWPF by the contributing municipality;

b. An inventory of all users located within the contributing municipality that are discharging to the POTW or AWPF; and

c. Such other information as the director may deem necessary.

3. An intermunicipal agreement, as required by paragraph G.2., above, shall contain the following conditions:

a. A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this chapter, numerical or narrative effluent limits, and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in Section 13.12.050 (Prohibited Discharge Standards) of this code. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city's ordinance, numerical or narrative effluent limits, or local limits;

b. A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

c. A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the director; and which of these activities will be conducted jointly by the contributing municipality and the director;

d. A requirement for the contributing municipality to provide the director with access to all information that the contributing municipality obtains as part of its pretreatment activities;

e. Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW or AWPF;

f. Requirements for monitoring the contributing municipality's discharge;

g. A provision ensuring the director access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the director; and

h. A provision specifying remedies available for breach of the terms of the intermunicipal agreement.

(Ord. O-2023-005 § 3 (part), 2023)

A. Wastewater analysis. When requested by the director, a user must submit information on the nature and characteristics of its wastewater within thirty days of the request. The director is authorized to prepare a form for this purpose and may periodically require users to update this information.

B. Baseline monitoring reports for categorical industrial users.

1. Within either one hundred eighty days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to, or scheduled to discharge to the POTW, shall submit to the director a report which contains the information listed in Paragraph B.2., below. At least ninety days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the director a report which contains the information listed in paragraph B.2., below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

2. Users described above shall submit the information set forth below:

a. All information required in Sections 13.12.120, D. (Individual Wastewater Discharge Permits) of this code.

b. Measurement of pollutants. The user shall provide the information required in Section 13.12.120, D.2. (Individual Wastewater Discharge Permits) of this code.

c. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.

d. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limits along with supporting data shall be submitted to the city.

e. Sampling and analysis shall be performed in accordance with paragraph J. of this section.

f. The director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

g. The baseline report shall indicate the time, date, and place of sampling and methods of analysis; and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

h. Compliance certification. A statement, reviewed by the user's authorized representative as defined in Section 13.12.040, D. (Definitions) of this code and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional O&M and/or additional pretreatment is required to meet the pretreatment standards and requirements.

i. Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in paragraph C. of this section.

j. Signature and report certification. All baseline monitoring reports must be certified in accordance with paragraph N.1. of this section and signed by an authorized representative as defined in Section 13.12.040, D. (Definitions) of this code.

C. Compliance schedule progress reports for categorical industrial users. The following conditions shall apply to the compliance schedule:

1. The schedule shall contain progress increments 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 pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation).

2. No increment referred to above shall exceed nine months.

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

4. In no event shall more than nine months elapse between such progress reports to the director.

D. Reports on compliance with categorical pretreatment standard deadline. Within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the director a report containing the information described in Section 13.12.120 D. (Individual Wastewater Discharge Permits) of this code and paragraph B. of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 13.12.060 (National Categorical Pretreatment Standards) of this code, this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with paragraph N.1. of this section. All sampling will be done in conformance with paragraph K. of this section.

E. Periodic compliance reports for significant industrial users.

1. All SIUs are required to submit periodic compliance reports, at a frequency determined by the director, no less than twice per year (June and December) indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the user.

2. All periodic compliance reports must be signed and certified in accordance with paragraph N.1. of this section.

3. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

4. If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the director, using the procedures described in paragraph K. of this section, the results of this monitoring shall be included in the report.

5. Users that send electronic (digital) documents to the city to satisfy the requirements of this section must email documents to the email address set forth in the user's permit or such other email address as established by the city from time to time.

F. Reports of changed conditions.

1. Each user must notify the director of any significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least sixty days before the change.

2. The director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 13.12.120, D. (Individual Wastewater Discharge Permits) of this code.

3. The director may issue a wastewater discharge permit under Section 13.12.130, F. (Wastewater Discharge Permit Issuance) of this code or modify an existing wastewater discharge permit under Section 13.12.130, C. (Wastewater Discharge Permit Issuance) of this code in response to changed conditions or anticipated changed conditions.

G. Reports of potential problems.

1. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone the city's engineering main line (805-773-4656) during business hours, or the non-emergency Police Department dispatch line (805-773-2208) outside of business hours; and notify the director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

2. Within five (5) days following such a discharge, the user shall, unless waived by the director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.

3. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in paragraph A. above. A user shall ensure that all its employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.

4. Significant industrial users are required to notify the director immediately of any changes at its facility affecting the potential for a slug discharge.

H. Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the director as the director may require.

I. Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the director within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the director within thirty days after becoming aware of the violation. Resampling by the industrial user is not required if the city performs sampling at the user's facility at least once per month, or if the city performs sampling at the user's facility between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling, or if the city has performed the sampling and analysis in lieu of the industrial user.

J. Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the director or other parties approved by the EPA.

K. Sample collection.

1. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

2. Except as indicated in Subsection 3. below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the director. Where time-proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows:

a. For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field.

b. For volatile organics and oil and grease, the samples may be composited in the laboratory.

c. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate.

d. In addition, grab samples may be required to show compliance with instantaneous limits.

3. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

4. For sampling required in support of baseline monitoring and 90-day compliance reports required in paragraphs B. and D. of this section, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist. For facilities for which historical sampling data are available, the director may authorize a lower minimum. For the reports required by paragraph E. of this section, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.

L. Date of receipt of reports. Written reports submitted by mail will be deemed to have been submitted three business days after the date postmarked. Reports submitted electronically will be deemed to have been submitted the date received.

M. Recordkeeping. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under Section 13.12.080 of this code. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the director.

N. Certification statements.

1. Certification of permit applications, user reports, and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 13.12.120, D. (Individual Wastewater Discharge Permits) of this code; users submitting baseline monitoring reports under paragraph B. of this section; users submitting reports on compliance with the categorical pretreatment standard deadlines under paragraph D. of this section; users submitting periodic compliance reports required by paragraph E. of this section; and users submitting an initial request to forego sampling of a pollutant on the basis of paragraph E. of this section. The following certification statement must be signed by an authorized representative as defined in Section 13.12.040, D. (Definitions) of this code:

“I certify under penalty of perjury that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

2. Annual certification for non-significant categorical industrial users. a facility determined to be a non-significant categorical industrial user by the director pursuant to Section 13.12.040 UU.3. (Definitions) of this code must annually submit the following certification statement signed in accordance with the signatory requirements in Section 13.12.040 D. (Definitions) of this code. This certification must accompany an alternative report required by the director:

“Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR (categorical code), I certify that, to the best of my knowledge and belief that during the period from [month, day, year] to [month, day, year], the facility described as [facility name] met the definition of a non-significant categorical industrial user as described in Section 13.12.040 UU.3 (Definitions) of the Pismo Beach Municipal Code; the facility complied with all applicable pretreatment standards and requirements during this reporting period; and the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.”

(Ord. O-2023-005 § 3 (part), 2023)

A. The purpose of the FOG control program is to reduce sanitary sewer overflows and blockages, and to protect public health and the environment by minimizing public exposure to unsanitary conditions. Controlling the discharge of fats, oils and/or grease to the wastewater collection system, excessive buildup in sewer lines can be lessened, thereby increasing the system's operating efficiency and reducing the number of sewer line blockages and overflows.

B. General FOG discharge prohibitions. No food service establishment (FSE) shall discharge or cause to be discharged into the sewer system FOG that may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer lateral which connects the FSE to the sewer system.

C. Specific FOG prohibitions. The following specific prohibitions shall apply to all FSEs:

1. Discharge of any FOG-containing wastewater that is not connected to a grease removal device is prohibited.

2. Non-grease laden sources such as, but not limited to, hand-wash sinks, toilets, urinals, and storm water, shall not be connected to a grease removal device.

3. No dishwasher shall be connected to a grease trap.

4. Discharge of wastewater with temperatures in excess of one hundred fifty degrees (150°) F (sixty-five and six-tenths degrees (65.6°) C) into any grease trap is prohibited.

5. Direct disposal of any waste cooking oil into any drain or cleanout that is connected to the sewer system is prohibited.

6. Introduction of any additive into a grease removal device or directly into the sewer system for the purpose of emulsifying FOG, biologically/chemically treating FOG for grease remediation, or as a supplement to any grease removal device maintenance is prohibited, unless specifically authorized in writing by the director.

7. Discharge of any waste which has been removed from a grease removal device into the sewer system is prohibited.

D. FOG best management practices.

1. All FSEs shall implement BMPs to minimize the discharge of FOG to the sewer system, including, but not limited to, the following, as applicable:

a. Installation of drain screens. Drain screens shall be installed on all drainage pipes in food preparation areas.

b. Segregation and collection of waste cooking oil. All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling receptacles shall be maintained properly to ensure that they do not leak. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil.

c. Disposal of food waste. All food waste should be disposed of directly into the organics recycling cart per SB 1383 (California Short-Lived Climate Pollutant Reduction law).

d. Employee training. Employees of the FSE shall be trained by ownership/management periodically as specified here:

i. Dry-wiping pots, pans, dishware and work areas before washing to remove grease.

ii. Properly disposing food waste and solids in plastic bags prior to disposal in trash bins or containers to prevent leaking and odors. The use of garbage disposals is discouraged.

iii. The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped.

iv. Properly disposing grease or oils from cooking equipment into a proper grease receptacle without spilling.

v. Training shall be documented along with employee signatures. Training records shall be available for review at any time by authorized representatives of the city.

vi. Maintenance of mechanical exhaust ventilation filters. Filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from cleaning exhaust filters shall be disposed of in accordance with this chapter.

vii. Kitchen signage. Best management and waste minimization practices shall be posted conspicuously in the food preparation and dishwashing areas at all times.

viii. Spill plan. Each FSE shall have a plan that will be followed in the event of a spill and all employees should be trained on proper spill clean-up.

E. FOG pretreatment required for new and existing FSEs.

1. FSEs are required to install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this section, subject only to the variance and waiver provisions and other exceptions of this section. The grease interceptor shall be adequate to separate and remove FOG contained in wastewater discharges from FSEs prior to discharge to the sewer system. Fixtures, equipment, and drain lines located in the food preparation and cleanup areas of FSEs that are sources of FOG discharges shall be connected to the grease interceptor.

2. New FSEs shall include and install grease interceptors prior to commencing discharges of wastewater to the sewer system.

3. Existing FSEs shall install grease interceptors in any of the following circumstances:

a. When the FSE changes ownership;

b. When any change in operation results in or has the potential to result in the increase of the amount of FOG generated and/or discharged by FSE in an amount that alone or collectively causes or creates a potential sanitary sewer overflow (SSO) to occur;

c. When it is determined by the director that the FSE caused or contributed to grease-related blockages in the sewer system, has sewer laterals connected to hot spots, or has been determined to contribute significant FOG to the sewer system, based on inspection and sampling;

d. During a remodel that relocates cooking or cleaning facilities, increases cooking capacity, or changes the type of cooking at the facility;

e. Any other time the director reasonably determines that installation of a grease interceptor is necessary to avoid an adverse impact to the sewer system.

f. Any existing FSE that receives a notice from the director to install a grease interceptor must install the interceptor within one hundred eighty days unless otherwise required by the director.

F. Variance of grease interceptor requirement.

1. Notwithstanding any other provision in this section, an existing FSE may obtain a variance, at the director's discretion, from the grease interceptor requirement to allow alternative pretreatment technology that is equally effective in controlling the FOG discharge in lieu of a grease interceptor. One such type of alternative pretreatment technology is a grease trap. Consideration of granting the variance will be based on the following:

a. There is insufficient space for installation and/or maintenance of a grease interceptor.

b. There is inadequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection line or the public sewer.

c. The FSE can demonstrate, to the satisfaction of the director, that the alternative pretreatment technology is equivalent or better than a grease interceptor in controlling FOG. In addition, the FSE must be able to demonstrate, after installation of the proposed alternative pretreatment technology, its continued ability to effectively control FOG discharge.

d. The variance may be rescinded if subsequent monitoring shows accumulation of FOG in the sewer lateral or the collection system downstream of the FSEs connection or if the FSE caused or contributed to a sanitary sewer overflow. A grease interceptor must be installed within one hundred eighty days of the rescission of a variance.

G. Cost recovery for FOG. All costs incurred for cleaning the sewer line to remove FOG buildup caused or contributed to by an FSE shall be reimbursed to the city by the FSE.

H. Grease interceptor requirements.

1. Any FSE that is required to provide FOG pretreatment shall install operate and maintain an approved type and properly sized grease interceptor, or other grease removal device authorized under an approved variance, necessary to maintain compliance with the purpose of the FOG control program.

2. Approved grease interceptor sizing and installation shall conform to the latest approved edition of the California Plumbing Code including any local amendments thereto.

3. Grease interceptors shall be constructed in accordance with the design approved by the director and shall have a minimum of two compartments with fittings designed for grease retention.

4. Grease interceptors shall be installed at a location where it is easily accessible for inspection, cleaning, and removal of accumulated grease.

5. Grease interceptors may not be installed in any part of the building where food is handled.

6. If a location is not available on the property of the FSE, the FSE shall contact the city engineer and the director to determine a suitable location.

7. There will be no obstruction of the grease interceptor from landscaping or parked vehicles.

8. Access manholes, with a minimum diameter of twenty-four inches, shall be provided over each grease interceptor chamber and sanitary tee. The manholes shall also have readily removable covers to facilitate inspection, grease removal and wastewater sampling activities.

9. The original design of the grease interceptor shall not be modified unless the manufacturer recommends the modification in writing.

10. Any modification will be at the FSEs expense.

11. The city is not liable for any non-compliance as a result of any modification.

12. The director may require other pretreatment measures or modifications to improve the effectiveness of the grease interceptor.

13. Connections to the grease interceptor shall be approved by the director, and the director may require connections to be removed.

I. Grease interceptor maintenance requirements.

1. Grease interceptors shall be maintained in efficient operating condition by periodic complete removal of all contents of the devices including wastewater, accumulated FOG, floating materials, sludge and solids.

2. No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral, sewer system, storm drain, or public right-of-way during maintenance activities.

3. The city can require FSEs that are in an area that requires frequent sewer line cleaning from FOG buildup to submit data and other necessary information to establish a required maintenance frequency for their grease interceptor.

4. The maintenance frequency for all FSEs with a grease interceptor shall be determined in one of the following methods:

5. Grease interceptors shall be fully pumped out and cleaned at a frequency such that the combined FOG and solids accumulation does not exceed the 25% rule. The interval between cleaning will be established by the director, but shall occur at a minimum of four times per year.

6. The owner/operator of an FSE may submit a request to the director asking for a change in the maintenance frequency at any time. The FSE has the burden of responsibility to prove that the change reflects actual operating conditions based on the average FOG accumulation over time, and meets the requirements of the 25% rule. The FSE must also show that it is in full compliance with this section.

7. If the grease interceptor contains, at any time, FOG and solids accumulation that exceeds the 25% rule, the FSE shall be required to have the grease interceptor serviced immediately so that all FOG, sludge and other materials are completely removed from the interceptor. If necessary, the FSE may be required to increase the maintenance frequency of the grease interceptor from its current frequency.

8. Wastewater, accumulated FOG, floating materials, sludge, solids, and other materials removed from the grease interceptor shall be disposed offsite properly by licensed waste haulers or recyclers in accordance with federal, state, and/or local regulations.

J. Grease trap requirements.

1. Grease traps may be authorized by the director with the following conditions:

2. Grease traps shall be installed in waste lines leading from drains, sinks and other fixtures or equipment where grease may be introduced into the sewer system in quantities that can cause blockage.

3. Grease traps shall be properly sized and installed in accordance with the latest approved edition of the California Plumbing Code, including any local amendments thereto.

4. The original design of the grease trap shall not be modified unless the manufacturer recommends the modification in writing.

5. Any modification will be at the FSE's expense.

6. The city is not liable for any non-compliance as a result of any modification.

7. Grease traps shall be maintained in efficient operating conditions by removing accumulated grease. The interval between cleaning will be established by the director, but shall occur at a minimum of four times per year. Baffles shall be removed and cleaned during the maintenance process, when applicable.

8. Grease traps shall be kept free of all food residues and any FOG waste removed during the cleaning and scraping process.

9. Grease traps shall be inspected periodically to check for leaking seams and pipes and for effective operation of the baffles and flow regulating devices.

10. Grease traps and their baffles shall be maintained free of all caked on FOG and waste.

11. Dishwashers and food waste disposal units shall not be connected to or discharged into any grease trap.

12. The temperature of any water entering a grease trap shall not exceed one hundred fifty degrees (150°) F (sixty-five and sixth-tenths degrees (65.6°) C).

K. FOG monitoring requirements.

1. The director may require, an FSE to construct and maintain in proper operating condition, at the FSE's sole expense, flow monitoring, constituent monitoring, and/or sampling devices.

2. The location of monitoring or metering devices shall be subject to approval by the director.

3. At all times, FSEs shall provide immediate, clear, safe and uninterrupted access to authorized representatives of the city to all monitoring and metering devices.

4. The amount of grease and food solids in the grease trap/interceptor must be determined and recorded by measuring the grease layer, food solids and water layer.

5. FSEs may be required by the director to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation and maintenance of any grease removal device and compliance with this section.

L. FOG record keeping requirements. FSEs shall keep all records, including manifests, receipts and invoices of all cleaning and maintenance of grease removal devices for a period of three years after the date of their creation. All records shall be made available to authorized representatives of the city upon request. In addition to the above-mentioned documents, records include logbooks of maintenance activity, BMPs and employee training, sampling data, spill reports, line cleaning reports, and any other information deemed appropriate by the director to ensure compliance with the FOG Control Program and this section.

(Ord. O-2023-005 § 3 (part), 2023)

A. Right of entry: inspection and sampling.

1. The director shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the director ready access to all parts of the premises for the purposes of inspection, sampling, records, examination and copying, and the performance of any additional duties.

2. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director shall be permitted to enter without delay for the purposes of performing such inspection, sampling, examination and copying as deemed appropriate by the director.

3. The director shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

4. The director may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated as established by the director and no less than recommended by the manufacturer to ensure their accuracy.

5. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the director and shall not be replaced. The costs of clearing such access shall be born by the user.

6. Unreasonable delays in allowing the director access to the user's premises shall be a violation of this chapter.

(Ord. O-2023-005 § 3 (part), 2023)

Confidential information. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, monitoring programs, city inspection, and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state or federal law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.

(Ord. O-2023-005 § 3 (part), 2023)

A. Publication of users in significant noncompliance.

1. The director shall publish annually a list of the users which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates paragraphs c., d., or h. of this paragraph) and shall mean:

a. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as established in Section 13.12.050 (Prohibited Discharge Standards).

b. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as established in Section 13.12.050 (Prohibited Discharge Standards) of this code multiplied by the applicable criteria (one and four-tenths (1.4) for BOD, TSS, fats, oil and grease; one and two-tenths (1.2) for all other pollutants except pH).

c. Any other violation of a pretreatment standard or requirement as defined by Section 13.12.050 (Prohibited Discharge Standards) of this code or requirement including instantaneous limits, as established in Section 13.12.050 (Prohibited Discharge Standards) of this code (daily maximum, long-term average, instantaneous limit, or narrative standard) that the director determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of the POTW personnel or the general public.

d. Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the director's exercise of its emergency authority to halt or prevent such a discharge.

e. Failure to meet, within ninety days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance.

f. Failure to provide within forty-five days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules.

g. Failure to accurately report noncompliance.

h. Any other violation(s) which the director determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. O-2023-005 § 3 (part), 2023)

A. Notification of violation. When the director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may serve upon that user a written notice of violation. Within ten days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

B. Consent orders. The director may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to paragraphs D. and E. of this section and shall be judicially enforceable.

C. Show cause hearing. The director may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement, to appear before the director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fifteen days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in Section 13.12.040 D. (Definitions) of this code and required by Section 13.12.140 N.1. (Reporting Requirements) of this code. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

D. Compliance orders. When the director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement, the director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

E. Cease and desist orders. When the director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, order issued hereunder, any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

1. Immediately comply with all requirements; and

2. Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

F. Administrative fines.

1. When the director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement, the director may fine such user in an amount not to exceed one thousand dollars ($1,000). Fines shall be assessed on a per-violation, per-day basis and are subject to misdemeanors. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

2. Unpaid charges, fines, and penalties shall, after ten business days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (1%) per month. A lien against the user's property may be sought for unpaid charges, fines, and penalties.

3. Users desiring to dispute such fines must file a written request for the director to reconsider the fine along with full payment of the fine amount within ten business days of the date such fine is imposed. Where a request is not clearly frivolous, the director may convene a hearing on the matter. In the event the user's appeal is successful, the payment shall be returned to the user. The director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

4. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

G. Emergency suspensions.

1. The director may immediately direct a user to suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The director may also immediately direct a user to suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

2. Any user directed to suspend its discharge shall immediately stop or eliminate the discharge. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the director that the period of endangerment has passed, unless the termination proceedings in paragraph H. of this section, are initiated against the user.

3. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the director prior to the date of any show cause or termination hearing under paragraphs C. and H. of this section.

4. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

H. Termination of discharge. In addition to the provisions in Section 13.12.130 E. (Wastewater Discharge Permit Issuance) of this code, any user who violates the following conditions is subject to discharge termination:

1. Violation of wastewater discharge permit conditions.

2. Failure to accurately report the wastewater constituents and characteristics of its discharge.

3. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge.

4. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling.

5. Violation of the pretreatment standards in Section 2 (General Sewer Use Requirements) of this chapter.

6. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under paragraph C. of this section why the proposed action should not be taken. Exercise of this option by the director shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. O-2023-005 § 3 (part), 2023)

A. Injunctive relief. When the director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, an order issued hereunder, or any other pretreatment standard or requirement, the director may petition the Superior Court of San Luis Obispo County through the city's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

B. Criminal prosecution.

1. A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) per violation per day, or imprisonment for not more than six months, or both.

2. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of not more than one thousand dollars ($1,000) per violation per day, or imprisonment for not more than six months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

3. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation files, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, be guilty of a misdemeanor, and be subject to a penalty of not more than one thousand dollars ($1,000) per violation per day, or imprisonment for not more than six months, or both.

C. Remedies nonexclusive. The remedies provided for in this chapter are not exclusive. The director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the director may take other action against any user when the circumstances warrant. Further, the director is empowered to take more than one enforcement action against any noncompliant user.

(Ord. O-2023-005 § 3 (part), 2023)

If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.

(Ord. O-2023-005 § 3 (part), 2023)