Port Hueneme Municipal Code Ch. 2 Sewer Service

This Chapter sets forth uniform requirements for users of the municipal wastewater system of the City and enables the City to comply with all applicable State and federal laws including the Clean Water Act (33 U.S.C. sections 1251 et. seq.), general pretreatment regulations (40 Code of Federal Regulations Part 403), and the requirements of the Control Authority's National Pollutant Discharge Elimination System permit. The objectives of this Chapter are:

(1) To prevent the introduction of pollutants into the system that will pass through the system inadequately treated, enter receiving waters, or otherwise interfere with or be incompatible with the system;

(2) To protect City and Control Authority personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

(3) To promote reuse and recycling of wastewater and biosolids from the system;

(4) To provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the system; and

(5) To enable the Control Authority to comply with its NPDES permit conditions, sludge use and disposal requirements and any other federal or State laws and regulations to which the system is subject.

(6) This Chapter authorizes the issuance of Industrial Wastewater Discharge permits; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

(7) This Chapter shall apply to all persons within the City who use the system and to persons outside the City who, by contract with the City, are included as users of the system. By discharging wastewater into the system, users located beyond the City limits agree to comply with the terms and conditions established in this Chapter, as well as any permits, contracts or orders issued hereunder.

(Ord. 639 § 1 (part), 2001)

(1) Except as otherwise provided herein, the Public Works Director shall administer, implement and enforce the provisions of this Chapter. Any powers granted to or duties imposed upon the Public Works Director may be delegated by the Public Works Director to other City personnel.

(2) The City is authorized to promulgate regulations and standards reasonably necessary to protect the system, to comply with all applicable federal and State laws required by the Act and the general pretreatment regulations, to control and regulate the proper use of the system, to regulate the rate of flow and the quality and quantity of wastewater discharges to the system, to prevent overflow, and to provide for the issuance, suspension or revocation of IWD permits, provided, however, the regulations shall be consistent with the provisions of this Chapter and formulated to result in the uniform control of the system.

(3) The City shall be the exclusive provider of sewer and related services to the City. This part shall part not be construed in such a manner as to prevent the City from contracting for the provision of any part or all of the sewer and sewer-related service requirements of the City or its inhabitants.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

For purposes of this Chapter the following abbreviations shall have the designated meanings:

(Ord. 639 § 1 (part), 2001)

For the purposes of this Chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Act" means The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. sections 1251, et seq.

"Approval Authority" means California State Water Resources Control Board or Regional Water Quality Control Board, Los Angeles Region.

"Authorized representative of the user" means:

(a) If the user is a corporation:

(1) 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

(2) The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding 25 million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(b) If the user is a partnership, association, or sole proprietorship: a general partner or proprietor, respectively.

(c) If the user is a federal, State, or local government 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.

(d) The individuals described in paragraphs (a) through (c), above, may designate another 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.

"Biochemical oxygen demand" means quantity of oxygen utilized in the biochemical oxidation of organic material under standard laboratory procedures for five days at 20° centigrade, usually expressed as a concentration such as mg/L.

"Building sewer" means a sewer conveying wastewater from the premises of a person to the public sewer, private sewer, individual wastewater disposal system or other approved point of disposal.

"Bypass" means the intentional diversion of waste and/or wastewater from any portion of a user's pretreatment facility.

"Categorical pretreatment standard" or "categorical standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter 1, Subchapter N, Parts 405-47 1, incorporated herein by reference.

"Color" means the optical density at the visual wavelength of maximum absorption, relative to distilled water in which one hundred percent (100%) transmittance is equivalent to zero optical density.

"Composite sample" means the sample resulting from the combination of individual wastewater samples taken at selected intervals, based on an increment of either flow or time.

"Cooling water" means the water discharged from any use, including but not limited to, air conditioning, cooling or refrigeration units to which the only pollutant added is heat.

"Compliance schedule" means a schedule containing increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of pretreatment equipment and/or systems required for the user to meet applicable pretreatment standards.

"Connection" means that part of any sewer extending from a sewer main in a public easement or right-of-way to private property for exclusive use of the property.

"Control Authority" means the City of Oxnard, as owner and operator of the regional Oxnard Wastewater Treatment Plant, responsible for compliance with NPDES Permit CA0054097 and subsequent revisions.

"City Manager" means the City Manager of the City or designee.

"Discharge" means the discharge or the introduction of pollutants into the system by a person.

"Domestic wastewater" means human excrement and gray water from such uses as household showers and dishwashing.

"Environmental Protection Agency" means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official.

"Existing source" means any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the Act.

"Fee" means any charge assessed to a person associated with the use, or continued use, of any portion of the system and includes, but is not limited to, a charge for: connection or tap for new customers; monthly sewer service; IWD permit; excess capacity connection; wastewater treatment; excessive wastewater strength; laboratory testing; waste hauler's permit; oversize sewer; and noncompliance.

"Food establishment" means any facility engaged in the preparation of food products for sale. A facility engaged in the sale of food products that are wholly prepared off-site is not included within this definition.

"Formula users" means those users who are regulated under the IWD permit system and billed ac cording to the City of Port Hueneme user charge formula, a formula based on the measured or set strength and volume of their wastewater discharged.

"Garbage" means the putrescible animal and vegetable wastes resulting from the handling, preparation and consumption of foods.

"Grab sample" means a sample which 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 (15) minutes.

"Gravity separation device" means a device designed, constructed, and operated for the purpose of retaining sand, silt, grit, mineral material, and oil by gravity-differential separation from wastewater.

"Grease" means a varied group of compounds having the common properties of immiscibility with water and a specific gravity lower than water as determined by appropriate procedures set forth in 40 CFR 136.

"Grease interceptor" or "interceptor" means a device designed, constructed, and operated to separate and retain grease while permitting the wastewater to be discharged into the system.

"Ground garbage" means the residue from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in a public sewer, with no particle greater than one-half inch in any dimension.

"Holding tank wastewater" means any wastewater from holding tanks including, but not limited to, vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

"Indirect discharge" means the introduction of pollutants into the system from any nondomestic source regulated under section 307(b), (c), or (d) of the Act.

"Industrial user" means any producing, manufacturing, processing, institutional, commercial, agricultural or similar person that discharges, directly or indirectly, wastewater into the system, which is solid, liquid or gaseous waste and contains pollutants different from or stronger than or with constituents other than those defined for domestic wastewater.

"Industrial Wastewater" means the liquid and water-carried industrial waste, whether treated or untreated, which is contributed into or permitted to enter the system.

"Industrial wastewater discharge permit" or "permit" means a conditionally written authorization to allow a user to utilize the system for the discharge of industrial wastewater.

"Instantaneous maximum discharge 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.

"Interference" means a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the system, its treatment processes or operations or its biosolids processes, use or disposal; and that is therefore a cause of a violation of the Control Authority's NPDES permit or of the prevention of biosolids use or disposal in compliance with all applicable federal, State, or local regulations, including but not limited to: section 405 of the Act, the SWDA, including Title II, commonly referred to as RCRA; any and all federal and State clean air acts: the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

"Mass emission rate" means the weight of material discharged to the system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents.

"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.

"Monitoring facilities" means an approved opening to a building sewer for the purpose of inspection, sampling and/or flow measurement.

"Municipal wastewater system" or "system" means a "treatment works" as defined by section 212 of the Act, owned by the City or the Control Authority and includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of wastewater (domestic or industrial) and any conveyances which convey wastewater to the treatment plant.

"National Pollutant Discharge Elimination System (NPDES) Permit" means a permit issued to the Control Authority pursuant to section 402 of the Act.

"National prohibitive discharge standard" or "prohibitive discharge standard" means any regulation developed under the authority of section 307(b) of the Act.

"New Source" means:

(a) 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 which 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 or 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.

(b) Any construction on a site at which an existing source is located and 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 (a)(2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment.

(c) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

(1) Begun, or caused to begin as part of a continuous on-site construction program any placement, assembly or installation of facilities or equipment; or

(2) 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

(3) Entered into a binding contractual obligation for the purchase of facilities or equipment that is 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.

"Non-contact cooling water" means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

"Pass-through" means a discharge that exits the system 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 Control Authority's NPDES permit, including an increase in the magnitude or duration of a violation.

"Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns; and including all federal, State and local governmental entities.

"pH" means a measure of the acidity or alkalinity of a substance, expressed in standard units.

"Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, domestic wastewater, garbage, 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 the wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

"Pretreatment" or "treatment" 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 system. Such pretreatment or treatment accomplished by: physical, chemical, or biological processes: or by other means, except by diluting the concentration of the pollutant unless allowed by an applicable pretreatment standard.

"Pretreatment facility" means any works or device for the treatment or flow limitation of domestic wastewater, liquid waste, industrial waste or industrial wastewater prior to discharge into the system.

"Pretreatment requirements" means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

"Pretreatment standards" or "standards" means prohibited discharge standards, categorical pretreatment standards, and/or local limits.

"Private sewer" means a sewer, other than a connection, laid by a person to serve one or more buildings, so as to connect a building(s) to a public sewer and irrespective of whether the sewer is constructed on public or private property.

"Private wastewater disposal system" means a septic tank with the effluent discharging into a subsurface disposal field, into one or more seepage pits or into a combination of subsurface disposal field and seepage pit or other wastewater holding facilities.

"Prohibited discharge standards" or "prohibited discharge" means absolute prohibitions against the discharge of certain substances; these prohibitions appear in part 7153A of this Chapter.

"Public Works Director" means the Public Works Director of the City or a designee.

"Radioactive material" means material containing chemical elements that spontaneously change their atomic structure by emitting any particles, rays or energy forms in excess of normal background radiation.

"Raw wastewater" means wastewater prior to treatment or discharge.

"Seepage pit" means a lined excavation in the ground that receives the discharge of a septic tank and designed to permit the effluent from the septic tank to seep through its bottom and side.

"Septage" means any domestic wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

"Septic tank", means a watertight receptacle which receives the domestic wastewater discharge of a building and is designed and constructed to separate solids from the liquid, digest organic matter through a period of detention and allow the liquid to discharge into the soil outside of the tank through a system of open joint or perforated piping or a seepage pit.

"Settleable solids" means any solid that will settle out of a liquid in a specified interval of time as determined by appropriate procedures set forth in 40 CFR 136.

"Sewer" means a pipe or conduit together with appurtenances for carrying wastewater.

"Significant change" means plus or minus twenty-five percent (25%) in an industrial user's typical discharge pattern: flow rate, peak flow rate, constituents, concentration of constituents or characteristics.

"Significant Industrial User" means

(a) A user subject to categorical pretreatment standards, or

(b) A user that:

(1) Discharges an average of twenty-five thousand (25,000) gpd or more of industrial wastewater to the system (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

(2) Contributes a waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the system; or

(3) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the system's operation or for violating a pretreatment standard or requirement.

(c) Upon a finding that a user meeting the criteria in subpart (b) has no reasonable potential for adversely affecting the system 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 a 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.

"Slug load" or "slug" means any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards set forth in this ordinance.

"Standard industrial classification (SIC)" means a classification pursuant to the Standard Industrial Classification Manual (latest edition) issued by the United States Office of Management and Budget.

"Standard methods" means Standard Methods for the Examination of Water and Wastewater (latest edition) published by American Water Works Association, Water Environment Association, and the American Public Health Association, 1015 18th Street, NW, Washington, D.C. 20036.

"Standard specifications" means the current edition of standards and requirements relating to size, quantity, quality and performance, including standard drawing, as detailed and made available by the City.

"State" means State of California.

"Storm water" means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelts.

"Suspended solids" means the total suspended matter in wastewater, as determined by the appropriate procedures set forth in 40 CFR 136.

"Total dissolved solids" means the solid matter in solution in wastewater, as determined by the appropriate procedures set forth in 40 CFR 136.

"Total toxic organics" means the summation of all quantifiable values greater than 0.01 milligrams per liter of the organics contained in 40 CFR 403, Appendix B, incorporated herein by reference.

"Toxic pollutant" means one of the pollutants or combination of those pollutants listed as toxic in regulations promulgated by the EPA (40 CFR 401.15) under authority of Section 307 of the Act.

"Uncontaminated water" means any water not contaminated or polluted with sewage or other waste.

"Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical and/or local pretreatment standards because of factors beyond the reasonable control of the industrial user; but does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

"User" means a source of direct or indirect discharge.

"Wastewater" means liquid and water-carried industrial wastes and domestic wastewater from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed directly or indirectly to the system.

"Wastewater treatment plant" or "treatment Plant" means that portion of the system designed to provide treatment of domestic and industrial wastewater.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) Sewer service connections may be made to either publicly or privately owned and maintained authorized collection systems. No person shall connect any private property in the City to the system without first obtaining a connection permit issued by the Public Works Director and paying to the City the connection fee required therefore.

(2) The number of connection permits required for any development shall be based upon the number of sewer service connections. A separate sewer connection is normally required for each detached building.

(3) Food establishments and commercial laundries shall have a separate water connection from other users in the same building, unless specifically authorized by the Public Works Director.

(4) The Public Works Director may impose other requirements if he or she determines that public health and safety, system protection, maintenance costs or liability concerns so dictate.

(5) In order for the City to have sufficient information to make a determination of appropriate fees to be charged, building permit applicants shall submit sewer service plumbing plans prepared by a registered engineer or project architect in conjunction with the building permit application for all new and replacement structures. The plumbing plans shall show all the proposed line sizes and locations.

(6) Every connection, disconnection and permanent blocking or plug made between private property and the system shall be made in the manner and with the material required by the specifications for public sewers approved by the City and in accordance with the City's standard specifications for construction.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

All connections, including the lateral, wye or saddle at the City's sewer, shall be maintained at the expense of the property owner of which the connection originates.

(Ord. 639 § 1 (part), 2001)

The owner of property connected to the system shall disconnect or permanently block or plug connections when further use of the property, for any purpose requiring the connection, is abandoned or when the structure or facility on the property requiring the connection is demolished without replacement. A Utility Services permit for abandonment of sewer lateral shall be required prior to commencement of abandonment. If a property owner or his/her agent has failed to so effect the disconnection or blockage, the Public Works Director may disconnect or block the connection, and the cost thereof shall be deemed a debt to the City and shall be charged to the owner.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) If the system capacity is not available, the Public Works Director may restrict discharge until sufficient capacity is made available. The Public Works Director may refuse immediate service to any new facility located in an area where there is insufficient capacity in the system to accommodate the proposed quantity of the wastewater.

(2) The Public Works Director may restrict the rate of discharge into the system during the peak flow hours (8:00 a.m. to 10:00 p.m.) or at any other time when required to prevent the overloading of the system. A discharger so restricted shall be required either to curtail the rate of discharge or to provide approved storage or retention facilities for the wastewater. Wastewater so retained may be discharged into the system between the hours of 10:00 p.m. and 6:00 a.m., or during other periods and at a rate of flow prescribed by the Public Works Director.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

Any person who introduces or causes to be introduced into the system, either directly or indirectly, any pollutant or wastewater which creates a stoppage, plugging, breakage, reduction in the capacity of any portion of the system or any other damage to the system shall be liable for the damage and for maintenance, operation, and replacement expenses, including overhead costs, occasioned thereby. Expense of the damage, any excessive maintenance expense, or any other expenses attributable thereto shall be deemed a debt to the City and shall be charged to the offending person by the Public Works Director.

(Ord. 639 § 1 (part) 2001)

(Ord. No. 694, § 2, 11-16-09)

Any person who introduces or causes to be introduced into the system, either directly or indirectly, any prohibited pollutant or wastewater which causes detrimental effects to the City's system or treatment plant processes or causes a violation of the Control Authority's NPDES permit or other regulation imposed by a regulatory agency shall be liable for all damages and costs occasioned thereby, including any penalty assessed by a regulatory agency. The damages, costs or penalty assessed shall be deemed a debt to the City and shall be charged to the offending person by the Public Works Director.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) In addition to the payment of a connection fee, any person requesting service to a lot that is not adjacent to the system shall be responsible for installation of a sewer extension in dedicated streets, alleys or easements accepted by the City. Sewers shall be installed in sewer easements only when it is not in the public interest for the City to accept dedication of a street or alley in the particular location. The required sewer extension shall include all facilities necessary to serve the property as well as all unsewered properties that could feasibly be served by said extension. All construction shall conform to City standards and detailed plans approved by the Public Works Director. The Public Works Director shall determine the size sewer required for the area for which application for service is made.

(2) If sewer facilities that the person would otherwise be required to provide have previously been installed, the person shall be required to pay to the City a sewer charge consisting of a pro rata share of such facilities as determined by the Public Works Director. If such previous installation was made by the applicant or his/her predecessor in interest in the property to which service is desired, the applicant may be entitled to credit in an amount to be determined by the Public Works Director for such installation. Previous installations eligible for these credits must have been made less than twenty (20) years before the application. Credit for previous installations will be applied against sewer charges, but in no event shall such credits be greater than the amount paid for actual construction of the extension.

(3) When installed, connected and finally inspected, all sewer extensions shall be deemed automatically offered for dedication to the City and upon acceptance shall become the property of the City. All necessary easements shall be granted to the City.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) When an application requires a sewer extension and it is necessary or desirable to design the extension to serve an area or users, actual or potential, in excess for that which the application is made, the applicant may be eligible for a credit for a portion of the design and construction costs for the extension. Any such credit shall be granted in an amount to be determined by the Public Works Director.

(2) If the sewer to be constructed is included in the current sewer master plan implementation schedule, and said sewer is constructed, in part, by the applicant, the Public Works Director may authorize an appropriate credit against the applicant's sewer connection fee. No applicant may receive a credit for more than the total amount of sewer connection fees that would be normally required of the applicant. Any credit granted by the Public Works Director shall only be for the actual engineering and construction costs of the sewer.

(3) Upon completion of a sewer which is not in the current sewer master plan implementation schedule and to which future connections could be made, the Public Works Director shall determine the actual cost thereof and the existing sewer charge against each front foot of abutting property, taking into consideration intersections and other property that would not receive water service.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) No person shall introduce or cause to be introduced to the system, directly or indirectly, any pollutant or wastewater that causes pass-through or interference. These general prohibitions apply to all persons, whether or not they are subject to categorical pretreatment standards or any other federal, State or local pretreatment standards or requirements.

(2) No person shall introduce or cause to be introduced into the system the following pollutants, substances, or wastewater:

(a) Pollutants that create a fire or explosive hazard in the system, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 CFR 261.21;

(b) Any pollutant or wastewater having a pH less than 6.0 or greater than 10.0, or that may otherwise cause corrosive structural damage to the City system or equipment;

(c) Solid or viscous substances in amounts that will cause obstruction of the flow in the system resulting in interference;

(d) Pollutants, including oxygen-demanding pollutants, released in a discharge at a flow rate and/or pollutant concentration that, either singly or by interaction with other pollutants, will cause interference with the system;

(e) Wastewater having a temperature greater than 140°F (60°C), or that will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater that causes the temperature at the introduction into the treatment plant to exceed 104°F (40°C);

(f) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass-through;

(g) Pollutants that result in the presence of toxic gases, vapors, or fumes within the system in a quantity that may cause acute worker health and safety problems;

(h) Trucked or hauled pollutants, except at discharge points designated by the Public Works Director in accordance with part 7154F

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

Limits for the pollutants listed below are established to protect against pass-through and interference. No person shall introduce, or cause to be introduced, wastewater containing excessive quantities or concentrations, as set out in a resolution adopted by the City Council and in accordance with 40 CFR 403.5(c), of the following pollutants:

Concentration limits apply at the point of discharge to the system or at an alternate point (or points) specifically designated by the Public Works Director. All concentrations for metallic substances are for "total" metal. At the discretion of the Public Works Director, mass limitations may be imposed on users in addition to or in place of the concentration based limitations on the above listed pollutants. Compliance with all parameters may be determined from a single grab sample.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) The federal categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405471 are hereby incorporated by reference. A violation of such standards shall constitute a violation of this part.

(2) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Public Works Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

(3) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Public Works Director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).

(4) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

(5) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

The City reserves the right to establish, by ordinance or in IWD permits, more stringent standards or requirements on discharges to the system.

(Ord. 639 § 1 (part), 2001)

The City reserves the right to enter into special agreements with users, setting out special terms under which they may discharge into the system. In no case will a special agreement waive compliance with a pretreatment or prohibited discharge standard or requirement. However, the user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. The user may also request a variance from the categorical pretreatment standard from the approval authority. Such a request will be approved only if the user can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing that categorical pretreatment standard. A user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403.13.

(Ord. 639 § 1 (part), 2001)

(1) The Public Works Director may grant a variance from one or more of the provisions of this Chapter. Prior to issuing such a variance, the Public Works Director shall verify that in no case will the granting of a variance either (a) allow the user to exceed applicable categorical pretreatment standards or requirements or federally mandated prohibitions or (b) place the general public, wastewater system or wastewater system personnel at risk of adverse health and safety effects.

(2) The Public Works Director may require the user to monitor the volumes and/or concentrations of the discharge in excess of previously imposed levels, if the Public Works Director deems it necessary to properly enforce any variance granted under this part.

(3) The Public Works Director reserves the right to impose requirements that are stricter than, or in addition to, those specified under the authority of parts 7153B and 7153C if the quantity or quality of the users discharge merit unique consideration by virtue of the impact of the users discharge on the system or public health and welfare.

(4) The Public Works Director reserves the right to revoke the variance at any time.

(5) The Public Works Director reserves the right to charge additional fees and/or deposits related to the granting of a variance.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

No user shall ever modify the use of process water for the purpose of diluting a discharge, or in any other way attempt to dilute a discharge. The Public Works Director may impose volume limitations on users that are suspected of using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of volume limitations is appropriate.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

Users shall provide wastewater pretreatment as necessary to comply with this Chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in this Chapter within the time limitations specified by EPA, the State, or the Public Works Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Public Works Director for review, and shall be approved by the Public Works Director before such facilities are constructed. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce a discharge in compliance with the provisions of this Chapter.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) Whenever deemed necessary, to protect the wastewater system or public health and safety, the Public Works 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 domestic waste streams from industrial waste streams, and such other conditions as may be necessary to determine the user's compliance with the requirements of this Chapter.

(2) The Public Works Director may require any person discharging into the system to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure active management of flow. An IWD permit may be issued solely for flow regulation.

(3) Users shall provide gravity separation devices when, in the opinion of the Public Works Director, they are necessary for the proper handling of wastewater containing excessive amounts of oil and grease or sand that exceed discharge limitations set forth in this Chapter. All gravity separation devices shall be of a type and capacity approved by the Public Works Director and shall be so located to be easily accessible for cleaning and inspection. Such devices shall be inspected, cleaned, and repaired regularly, as needed, by the user at user's expense.

(4) The Public Works Director may require users with the potential to discharge flammable substances to install and maintain an approved combustible gas detection meter.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

All domestic wastewater including, but not limited to, those from restrooms, showers and drinking fountains shall be kept separate from all industrial wastewater until the industrial wastewater has passed through any required pretreatment system and/or monitoring facility.

(Ord. 639 § 1 (part), 2001)

(1) At least once every two years, the Public Works Director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Public Works Director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Public Works Director may develop such a plan for any user.

(2) An accidental discharge/slug control plan shall address, at a minimum, the following:

(a) Description of discharge practices, including non-routine batch discharges;

(b) Description of stored chemicals;

(c) Procedures for immediately notifying the Public Works Director of any accidental or slug discharge; and

(d) Procedures to prevent adverse impacts of 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.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

Any tenant or sub-tenant under any rental, lease, or other agreement shall be jointly and severally responsible for compliance with the provisions of this Chapter in the same manner as the owner, and both owner and tenant and, if applicable, sub-tenant, shall be jointly and severally liable to the City for any costs, damages fines or penalties incurred and/or imposed by the City due to non-compliance by the tenant, sub-tenant or owner with provisions of this Chapter.

(Ord. 639 § 1 (part), 2001)

Discharge of wastes or wastewater into the system from vehicles, including septage, industrial wastewater, and other hauled liquid wastes, is strictly prohibited. The Public Works Director may grant a variance to this prohibition. Hauled wastes do not violate the provisions of Section 7153 of this Chapter or any other federal, State or local regulation. The Control Authority implements a comprehensive program allowing discharge of septage and other hauled wastes at specific locations. Wastewater haulers within the City shall fully comply with Control Authority requirements for hauled waste.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the system. Any person found in violation of this requirement shall be subject to the sanctions set out in Sections 7158 through 7160 of this Chapter and appropriate criminal and/or civil prosecution.

(Ord. 639 § 1 (part), 2001)

All food establishments or similar establishments that introduce industrial wastewater into the system shall install an approved grease interceptor or grease trap that is of adequate design and sufficient size so as to prevent discharges of oil and/or grease above regulatory limits into the system. The grease interceptor or grease trap shall be easily accessible for cleaning and inspection. The Public Works Director may grant variances from the requirements of this paragraph on a case-by-case basis and to the extent that the variance conditions do not violate federal or State law. The Public Works Director may take into account the following items when determining whether to grant a variance:

(1) Size of the restaurant;

(2) Type and number of meals served per day;

(3) Seating capacity;

(4) Dishwashing facilities on-site; and

(5) Any other criteria the Public Works Director deems applicable.

(6) All vehicle maintenance facilities that introduce industrial wastewater into the system shall be required to install a gravity separation device designed to prevent the excessive discharge of sand, silt, oil and grease above regulatory limits into the system. The Public Works Director may grant variances from the requirements of this paragraph on a case-by-case basis and to the extent that the variance conditions do not violate federal or state law.

(7) All commercial and industrial laundries that introduce industrial wastewater into the system shall install a gravity separation device of a size and design approved by the Public Works Director. These facilities shall also install other pretreatment facilities as required by the Public Works Director to ensure their compliance with all requirements and provisions of this Chapter. The Public Works Director may grant variances from the requirements of this paragraph on a case-by-case basis and to the extent that the variance conditions do not violate federal or state law.

(8) If the Public Works Director finds that a grease interceptor, grease trap or gravity separation device installed prior to the effective date of this Chapter is incapable of adequately retaining the grease, sand or oil in the wastewater flow from a food establishment, a vehicle maintenance facility, or a laundry, the Public Works Director shall require that an adequately sized grease interceptor, gravity separation device or other pretreatment facility be installed within a reasonable time period.

(9) The Public Works Director may maintain an information file available for public use of acceptable designs of grease interceptors, grease traps and gravity separation devices. The installation of a design shown in such file or of any design meeting the size requirement set forth in this Chapter or any recommendation of requirements made by the Public Works Director shall not impute any liability to the City for the adequacy of the interceptor or gravity separation device under the actual conditions of use. Such installation shall not relieve the owner or proprietor of responsibility for keeping prohibited substances or substances above the limitations of this Chapter out of the system. If the user's grease interceptor, gravity separation device or other pretreatment facility is not adequate under the conditions of use the user shall construct a pretreatment facility that is effective in accomplishing the intended purpose and meeting the provisions of this Chapter.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) Any grease interceptor, grease trap or gravity separation device required by this Chapter shall be readily accessible for inspection and properly maintained to assure that the accumulations of grease, sand or oil do not impair its efficiency or pass out with the effluent.

(2) All persons required to use and maintain a grease interceptor, grease trap or gravity separation device shall keep records of the pretreatment device cleaning maintenance and grease removal and provide such reports on request to the Public Works Director. These records shall include the date the name of the person who cleaned the device and the disposal site of the waste. The report may be reviewed by the Public Works Director at each routine inspection.

(3) Persons hauling wastes and wastewater removed from these interceptors or gravity separation devices shall be registered to do so by the appropriate permitting agency.

(4) Improper maintenance of any grease interceptors and gravity separation devices or failure to maintain adequate records shall be considered a violation of this part.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

When requested by the Public Works Director, an industrial user shall submit information on the nature and characteristics of its raw wastewater within thirty (30) days of the request. The Public Works Director is authorized to prepare a form for this purpose and may periodically require industrial users to update this information.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) No industrial user shall discharge wastewater, either directly or indirectly, into the system without first obtaining an IWD permit from the Public Works Director.

(2) The Public Works Director may require other users to obtain an IWD permit as necessary to carry out the purposes of this Chapter.

(3) Any violation of the terms and conditions of an IWD permit shall be deemed a violation of this Chapter, and subjects the user to the sanctions set out in Sections 7158 through 7160 of this Chapter. Obtaining an IWD 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.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

Any user required to obtain an IWD permit that proposes to begin or recommence discharging into the system shall obtain such permit prior to beginning or recommencing such discharge. An application for an IWD permit, in accordance with parts 7155C and 7155D of this Chapter, shall be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence.

(Ord. 639 § 1 (part), 2001)

New users located beyond the City limits that are required to obtain an IWD permit shall submit a permit application to the Public Works Director ninety (90) days prior to any proposed discharge into the system. Upon review of such application, the Public Works Director may enter into an agreement with the user that requires the user to subject itself to and abide by this Chapter, including all permitting, compliance monitoring, reporting, and enforcement provisions herein. Alternatively, the Public Works Director may enter into an agreement with the neighboring jurisdiction in which the user is located to provide for the implementation and enforcement of pretreatment program requirements against the user or the Public Works Director may conclude that no such agreement with the user or the neighboring jurisdiction is warranted.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

All users required to obtain an IWD permit shall submit a permit application to the Public Works Director at least ninety (90) days before any proposed discharge. The Public Works Director may require any user to submit as part of an application the following information:

(1) All information required by part 7156A of this Chapter;

(2) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility that are, or could accidentally or intentionally be, discharged to the system;

(3) Number and type of employees, hours of operation, and proposed or actual hours of operation;

(4) Each product produced by type, amount, process or processes and rate of production;

(5) Type and amount of raw materials processed (average and maximum per day);

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

(7) Time and duration of the discharge; and

(8) Any other relevant information deemed necessary by the Public Works Director to evaluate the application.

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

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

All IWD permit applications shall be signed by an authorized representative of the user and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure 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."

(Ord 639 § 1 (part), 2001)

The Public Works Director shall evaluate the data furnished by the user and may require additional in formation. Within sixty (60) days of receipt of a complete permit application, as such is determined by the Public Works Director, the Public Works Director shall determine whether to issue an industrial wastewater discharge permit and notify the user of such decision. If no decision is made during such time period, the permit application shall be deemed denied upon expiration of the sixty (60) day period. The Public Works Director may deny any application for an industrial wastewater discharge permit that is inconsistent with any of the provisions in this Chapter.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

IWD permits shall be issued for a specified time period, not to exceed five (5) years. Each IWD permit shall indicate a specific date of expiration.

(Ord. 639 § 1 (part), 2001)

(1) An IWD Permit shall include such conditions that are consistent with the provisions of this Chapter and as are reasonably deemed necessary by the Public Works Director to prevent pass-through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate biosolids management and reuse, and protect against damage to the system.

(2) IWD permits shall contain:

(a) A statement of the duration of the permit;

(b) A statement that the permit is nontransferable without prior notification to and approval of the Public Works Director in accordance with part 7155K, and provisions for furnishing the new owner or operator with a copy of the existing permit;

(c) Effluent limits based on applicable pretreatment standards;

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

(e) A statement of applicable civil, criminal and administrative 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.

(f) IWD permits may contain additional conditions including, but not limited to, the following:

(g) Limits on the average and/or maximum rate of discharge, time of discharge, and requirements for flow regulation and equalization;

(h) Requirement 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 system;

(i) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

(j) Development an implementation of waste minimization plans to reduce the amount of pollutants discharged to the system;

(k) Requirements or installation and maintenance of inspection and sampling facilities and equipment;

(l) A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable federal and State pretreatment standards, including those that become effective during the term of the permit; and

(m) Other conditions as deemed appropriate by the Public Works Director to ensure compliance with this Chapter, and State and federal laws, rules and regulations.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) Any person, including the user, may petition the City to reconsider denial of an IWD permit or the terms of an IWD permit by filing a petition for reconsideration with the Public Works Director within ten (10) days of denial or issuance of the industrial wastewater discharge permit.

(2) Failure to submit a timely petition for reconsideration shall be deemed to be a waiver of the administrative remedy.

(3) The petition for reconsideration shall identify and address, as applicable, reasons why the IWD permit should not have been denied, specific permit provisions objected to and any additional or alternative conditions petitioner seeks to be included in the permit.

(4) The conditions and provisions of the permit objected to by the user shall not be stayed pending a hearing on the petition.

(5) If the Public Works Director fails to act on the petition within forty-five (45) days, the petition shall be deemed denied. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative actions.

(6) Parties seeking judicial review of such final administrative petitions shall comply with the requirements set out in section 1094.6 of the Code of Civil Procedure.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) The Public Works Director may modify a permit for good cause consistent with the provisions of this Chapter.

(2) Good cause includes, but is not limited to, the following reasons:

(a) To incorporate any new or revised federal, State or local pretreatment standards or requirements;

(b) To address significant alterations or additions to the user's operation, processes, or wastewater volume or characteristic since the time of permit issuance;

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

(d) Information indicating that the permitted discharge poses a threat to the system, City personnel, or the receiving waters;

(e) Violation of any terms or conditions of the permit;

(f) Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting;

(g) Revision of, or a grant of, variance from categorical pretreatment standard pursuant to 40 CFR 403.13;

(h) To correct typographical or other errors in the permit; or

(i) To reflect transfer of the facility ownership and/or operation to a new owner/operator.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) IWD permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the Public Works Director and the Public Works Director approves the transfer. The notice shall include a written certification by the new owner or operator that:

(a) 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; and

(c) Acknowledges full responsibility for complying with the existing permit.

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

(3) The Public Works Director shall approve the transfer unless he/she determines that the proposed transferee is unwilling or unable to abide by the terms and conditions of the permit.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

The Public Works Director may revoke an IWD permit for good cause consistent with the provisions of this Chapter, including, but not limited to, the following:

(1) Failure to notify the Public Works Director of significant changes to the wastewater prior to the changed discharge;

(2) Failure to provide prior notification to the Public Works Director of changed conditions pursuant to part 7156E of this Chapter;

(3) Misrepresentation or failure to fully disclose all relevant facts in the permit application;

(4) Falsifying self-monitoring reports;

(5) Tampering, with monitoring equipment:

(6) Refusing to allow the Public Works Director timely access to the facility premises and records;

(7) Failure to meet effluent limitations;

(8) Failure to pay fines;

(9) Failure to pay sewer use charges;

(10) Failure to meet compliance schedules;

(11) Failure to complete a wastewater survey or the permit application;

(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

(13) Violation of any pretreatment standard or requirement, or any terms of the permit or this Chapter.

(14) IWD permits shall be voidable upon cessation of operations or transfer of business ownership. All IWD permits issued to a particular user are void upon the issuance of a new IWD permit to that user.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

A user may apply for reissuance of the permit by submitting a complete IWD permit application in accordance with parts 7155A and 7155E of this Chapter; such application shall be made at least ninety (90) days prior to the expiration of the user's existing permit.

(Ord. 639 § 1 (part), 2001)

An expired IWD permit will continue to be effective and enforceable until a decision is rendered as to whether to reissue the permit if:

(1) The user has submitted a complete IWD permit reissuance application at least ninety (90) days prior to the expiration date of the user's existing permit; and

(2) The failure to reissue the IWD permit before the expiration of the existing permit is not due to any act or failure to act on the part of the user.

(Ord. 639 § 1 (part), 2001)

(1) If another legal jurisdiction outside the City, or user located within another legal jurisdiction outside the system, contributes wastewater to the system, the Public Works Director shall enter into an agreement for wastewater services with the entity or user pursuant to part 7155C of this Chapter.

(2) Prior to entering into an agreement required by paragraph (1) of this part, the Public Works Director shall request the following information from the contributing entity:

(a) A description of the quality and volume of wastewater discharged to the system by the contributing entity;

(b) An inventory of all users within the contributing entity that are discharging to the system; and

(c) Any other information as the Public Works Director may deem necessary.

(3) The agreement, as required by paragraph (1) of this part, shall contain the following conditions:

(a) A requirement for the contributing entity to adopt sewer use legislation which is at least as stringent as this Chapter and local limits that are at least as stringent as those established under authority of part 7153B. The requirement shall specify that such legislation and limits must be revised as necessary to reflect changes made to this Chapter or local limits;

(b) A requirement for the contributing entity to submit a revised user inventory on at least an annual basis;

(c) A provision specifying which pretreatment implementation activities, including IWD permit issuance, inspection and sampling, and enforcement will be conducted by the contributing entity: which of these will be conducted by the Public Works Director; and which of these activities will be conducted jointly by the contributing entity and the Public Works Director;

(d) A requirement for the contributing entity to provide the Public Works Director with access to all information that the contributing entity obtains as part of its pretreatment activities;

(e) Limits on the nature, quality, and volume of the contributing entity's wastewater at the point where it discharges to the system;

(f) Requirements for monitoring the contributing entity's discharge;

(g) A provision ensuring the Public Works Director access to the facilities of users located in the contributing entity's jurisdictional boundaries for the purpose of inspecting, sampling, and any other duties deemed necessary by the Public Works Director; and

(h) A provision specifying remedies for breach of the terms of the agreement.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) All users required to obtain an IWD permit shall furnish, install and properly maintain a monitoring facility for wastewater sampling. This monitoring facility shall be of a design or configuration approved by the Public Works Director, who may require wastewater flow measurement equipment, automatic flow-proportional sampling equipment and automatic wastewater analysis and data recording equipment.

(2) Each user, as a part of its application for obtaining an IWD permit, shall propose a suitable location and design for the wastewater monitoring facility. The monitoring facility shall be located so as to be safe and accessible to City employees, and shall be constructed in accordance with the City's requirements and all applicable local building codes and other local construction requirements. The user's proposal for a wastewater monitoring facility shall comply with the City's design requirements and shall or be reviewed and approved by the Public Works Director.

(3) The users wastewater sampling analysis and flow measurement procedures, equipment, and results shall be subject to inspection by the Public Works Director at any time. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times by the user.

(4) Failure of a user to keep approved wastewater monitoring facilities clean and in good working order shall not be grounds for the user to claim that any sample results are unrepresentative of the user's wastewater. Flow measurement systems shall be regularly maintained and calibrated in accordance with guidelines established by the Public Works Director and the manufacturer.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard by an agency with the appropriate jurisdiction and authority to adopt categorical pretreatment standards, or within one hundred eighty (180) days after the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the system shall submit to the Public Works Director a report which contains the information listed in paragraph (c) below.

(2) At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Public Works Director a report which contains the information listed in subpart (3) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.

(3) Users described above shall submit the information set forth below:

(a) The name and address of the facility, including the name of the operator and owner;

(b) A list of any environmental control permits held by or for the facility;

(c) A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by the user. This description should include a schematic process diagram that indicates points of discharge to the system from the regulated processes;

(d) Information showing the measured average daily and maximum daily flow, in gallons per day, to the system 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);

(e) The categorical pretreatment standards applicable to each regulated process;

(f) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or the Public Works Director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported;

(g) The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in part 7156I of this Chapter. Sampling shall be performed in accordance with procedures set out in part 7156J of this Chapter;

(h) A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance ("O & M") and/or additional pretreatment is required to meet the pretreatment standards and requirements;

(i) If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the user shall provide the Public Works Director with the shortest schedule by which the user shall complete such additional pretreatment and/or O & M. 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 part must meet the requirements set out in part 7156B this Chapter;

(j) Any other relevant information requested by the Public Works Director;

(k) Sign and certified baseline monitoring reports in accordance with part 7155E of this Chapter.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

The following conditions shall apply to the schedule required by part 7156A(3)(i) of this Chapter:

(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 (9) months;

(3) The user shall submit a progress report to the Public Works Director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, at a minimum, whether user 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; and

(4) In no event shall more than nine (9) months elapse between such progress reports to the Public Works Director.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

Within ninety (90) 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 system, any user subject to such pretreatment standards and requirements shall submit to the Public Works Director a report containing the information described in part 7156A(3)(a)-(k). For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other 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 part 7155E of this Chapter.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) All significant industrial users shall, at a frequency determined by the Public Works Director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge that are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with part 7155E of this Chapter.

(2) 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.

(3) If a user, subject to the reporting requirement in this part, monitors any pollutant more frequently than required by the Public Works Director, using the procedures prescribed in part 7156I of this Chapter, the results of this monitoring shall be included in the report sent to the Public Works Director.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) Each user shall notify the Public Works Director of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least thirty (30) days before the change.

(2) The Public Works Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of an IWD permit application under parts 7155C or 7155D of this Chapter, if necessary.

(3) The Public Works Director may issue a IWD permit under part 7155F of this Chapter, or modify an existing IWD permit under part 7155J of this Chapter in response to changed conditions or anticipated changed conditions.

(4) For purposes of this part, significant changes include, but are not limited to, increases of twenty-five percent (25%) or greater, and the discharge of any previously unreported pollutants.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a non-customary batch discharge, or a slug load, which may cause potential problems for the system, the user shall immediately telephone and notify the Public Works 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 discharge, the user shall, unless this requirement is waived by the Public Works Director, submit a detailed written report describing the cause 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 that may be incurred as a result of damage to the system, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability that may be imposed by this Chapter or any other applicable provision of federal, State or local law.

(3) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph (1), above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

All users not required to obtain an IWD permit shall provide appropriate reports as the Public Works Director may require.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

If user's sampling indicates a violation, the user shall notify the Public Works Director within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Public Works Director within thirty (30) days after becoming aware of the violation. The user is not required to resample if the Public Works Director conducts monitoring at user's facility at least once a month, or if the Public Works Director samples between the user's initial sampling and when the user receives the results of this sampling.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

All pollutant analyses, including sampling techniques, to be submitted as part of an IWD permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, 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, sampling and analyses shall be performed in accordance with procedures approved by the EPA.

(Ord. 639 § 1 (part), 2001)

(1) Except as indicated in paragraph (2), below, the user shall collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Public Works Director may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates to the satisfaction of the Public Works Director that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds shall be obtained using grab collection techniques.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

Written reports, applications, notices, and all mailings shall be deemed to have been submitted on the date postmarked. For reports that are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(Ord. 639 § 1 (part), 2001)

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 and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. 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 Public Works Director.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) The Public Works Director or his/her designee shall have the right to enter the premises of any user to determine whether the user is complying with the requirement of this Chapter and any IWD permit or order issued hereunder. Users shall allow the Public Works Director or his/her designee ready access to all parts of the premises for the purposes of inspecting, sampling, examining and copying records, and performing of any additional duties.

(2) Where a user has security measures in force that require proper identification and clearance before entry into user's premises, the user shall make necessary arrangements with user's security guards so that, upon presentation of suitable identification, the Public Works Director or his/her designee shall be permitted to enter, without delay, for the purposes of performing specific responsibilities.

(3) The Public Works Director or his/her designee 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 operation.

(4) The Public Works 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 user's sole expense. All devices used to measure wastewater flow shall be electronically calibrated at least every six (6) months and hydraulically calibrated at least every five (5) years 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 Public Works Director and shall not be replaced. The costs clearing such access shall be borne by the user.

(6) Refusal of access or unreasonable delays in allowing the Public Works Director or his/her designee access to the users premises shall be a violation of this Chapter. The Public Works Director may give notice of inspections at the Public Works Directors discretion, but unannounced inspections are an important part of the City's enforcement program, and users shall have no right to advance notice of any City inspections.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

If the Public Works Director or his/her designee has been refused access to a building, structure or property, or any part thereof, in violation of this Chapter and/or any IWD permit, the Public Works Director may seek issuance of an inspection or search warrant from a court in addition to pursuing any other remedies available to the City provided by federal, State or local law.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) Information and data on a user obtained from reports, surveys, IWD permit applications, IWD permits and monitoring programs, and from the Public Works Director's or his/her designee's 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 Public Works Director, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable federal and State law. Any such request must be asserted by the user at the time of submission of the information or data.

(2) Upon request and demonstration by the user that information or data should be held confidential, the portions of such report containing the confidential information or data shall not be made available to the public for inspection. The entire report, including confidential information and data, shall be made available to governmental agencies for uses related to the NPDES program, pretreatment program enforcement proceedings or any other permitted action in accordance with applicable federal and State law.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) The Public Works Director shall annually publish, in the daily newspaper with the largest circulation published in the area where the system is located, a list of the users that during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements.

(2) The term "significant noncompliance" shall mean:

(a) Chronic violations of wastewater discharge limits, defined as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six (6)-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

(b) Technical review criteria violations, defined 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 daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, oil and grease, and 1.2 for all other pollutants except pH);

(c) Any other discharge violation that the Public Works Director believes has caused, alone or in combination with other discharges, interference or pass-through, and/or endangered the health, safety and welfare of City personnel or the general public;

(d) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City's exercise of its emergency authority to halt or prevent such a discharge;

(e) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an IWD permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(f) Failure to provide, within thirty (30) 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; or

(h) Any other violation that the Public Works Director determines will adversely affect the operation or implementation of the City's wastewater manage program.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Chapter, an IWD permit or order issued hereunder, or any pretreatment standard or requirement, the Public Works Director may serve upon that user a written notice of violation.

(2) Within ten (10) calendar days of the service of such notice, the user shall submit to the Public Works Director an explanation of the violation and a plan for the satisfactory correction and prevention thereof, including specific required actions. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.

(3) Nothing in this part shall limit the authority of the Public Works Director to take any action, including emergency action or any other enforcement action, without first issuing a notice of violation.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

The Public Works Director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for the 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 parts 7158C and 7158D of this Chapter.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) The Public Works Director may order a user that has violated, or continues to violate, any provision of this Chapter, an IWD permit or an order issued hereunder, or any other pretreatment standard or requirement, to appear before the Public Works 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.

(2) The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the meeting. Such notice may be served on any authorized representative of the user. An order to show cause shall not be a bar against, or prerequisite for taking any other action against the user.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Chapter, an IWD permit or an order issued hereunder, or any other pretreatment standard or requirement the Public Works 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 until such time as the conditions of the administrative order have been satisfied.

(2) Issuance of an administrative compliance order shall not be a bar against, or a prerequisite for, the taking of any other action against the user.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) When the Public Works Director finds that a user has violated or continues to violate, any provision of this Chapter, an IWD permit or order issued hereunder, or any pretreatment standard or requirements, or that the user's past violations are likely to recur, the Public Works Director may issue an order to the user directing the user to cease and desist all such violations and directing the user to:

(2) Immediately comply with all applicable requirements; and

(3) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(4) Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite for, the taking of any other action against the user.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Chapter, an IWD permit or an order issued hereunder, or any pretreatment standard or requirement, the Public Works Director may issue an administrative complaint alleging the act or failure to act that constitutes the violation, the provisions of law authorizing imposition of the administrative fine, and the proposed administrative fine.

(2) The administrative complaint shall be served by personal delivery or certified mail on the user and shall inform the user that a hearing shall be conducted within sixty (60) days after the user has been served. The hearing officer shall be the Public Works Director or his/her designee. The user may waive the right to a hearing, in which case the hearing officer shall not conduct the hearing and decide the matter based upon the administrative complaint.

(3) The Public Works Director may impose administrative fines as follows:

(a) In an amount not to exceed two thousand dollars ($2,000) per day for failing or refusing to furnish a self-monitoring report or any other technical report required by this Chapter;

(b) In an amount not to exceed three thousand dollars ($3,000) per day for failing or refusing to timely comply with any compliance schedule order by the Public Works Director;

(c) In an amount not to exceed five thousand dollars ($5,000) per violation per day for discharges in violation of discharge standards or limits, permit conditions, or prohibitions issued, reissued, or adopted by the Public Works Director; and

(d) In an amount not to exceed ten dollars ($10) per gallon for discharges in violation of any suspension, cease-and-desist order or other order, or prohibition issued, reissued, or adopted by the Public Works Director.

(4) The amount of any administrative fine imposed under this part, which remains delinquent for a period of sixty (60) days or more, shall accrue interest at a standard rate of ten percent (10%) per year. Further, the amount of any administrative fine and interest accrued that remains delinquent after sixty (60) days shall constitute a lien against the real property of the user from which the discharge originated.

(5) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action, whether criminal or civil, against the user.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) The Public Works Director may immediately suspend a user's permission to discharge into the system, whenever such suspension is necessary to stop an actual or threatened discharge that could or does cause an imminent or substantial endangerment to the operation of the system, to the environment or the public health, safety or welfare. The Public Works Director may also immediately suspend a user's discharge, after the user is given notice and opportunity to respond, that threatens to interfere with the operation of the system, or that presents, or may present, an endangerment to the environment or the public health, safety or welfare.

(2) Any user notified of the suspension of the user's permission to discharge into the system shall immediately halt discharge into the system. In the event any user fails to immediately comply voluntarily with the suspension order, the Public Works Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the system, the receiving waters, to the environment, or the public health, safety or welfare. The Public Works Director may allow the user to recommence discharge when the user has demonstrated to the satisfaction of the Public Works Director that the threat of endangerment has passed, unless the termination proceedings set forth in part 7158G of this Chapter 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 or potentially harmful discharge and the measures taken to prevent any such future occurrence, to the Public Works Director before the date of any order to show cause or termination hearing under parts 7158B and 7158G of this Chapter.

(4) Nothing in this part shall be interpreted as requiring any hearing before issuance of any suspension order and the taking of any action permitted under this part.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) In addition to all other remedies available under this Chapter, federal, State and local law, the Public Works Director may terminate any user's permission to discharge into the system if the user does any of the following acts:

(a) Violates IWD permit conditions;

(b) Fails to accurately report the wastewater constituents and characteristics of the user's discharge;

(c) Fails to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;

(d) Refuses reasonable access to the user's premises for the purpose of inspection, monitoring or sampling; or

(e) Violates the pretreatment standards in Section 7153 of this Chapter.

(2) Any user violating the provisions in part 7158G(1) will be notified of the proposed termination of the user's permission to discharge into the system and be offered an opportunity to show cause under part 7158B of this Chapter why the proposed action should not be taken. Exercise of this option by the Public Works Director shall not be a bar to, or a prerequisite for, taking any action, whether criminal or civil, against the user.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

Except for actions taken pursuant to part 7158F, all actions taken by the Public Works Director or his/her designee pursuant to this Division may be appealed in writing to the City Council within thirty (30) days of notice of such action, in which case the decision of the City Council shall be deemed the final administrative action of the City.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) When the Public Works Director finds that a user has violated or continues to violate, any provision of this Chapter, an IWD permit, or an order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director, through the City attorney, may petition the Superior Court of the County of Ventura for the issuance of a temporary or permanent injunction, as appropriate, that restrains or compels the specific performance of the conditions/requirements of an IWD permit, order, or other requirement imposed by this Chapter on activities of the user.

(2) The Public Works Director may also seek other appropriate legal and/or equitable relief; including an order for the user to perform environmental remediation. A petition for injunctive relief shall not be a bar against, or prerequisite for, the taking of any action, whether criminal, civil, or administrative against a user.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

(1) A user that has violated, or continues to violate, any provision of this Chapter, an IWD permit, or an order issued hereunder, or any other pretreatment standard or requirement may be liable to the City for a maximum civil penalty of ten thousand dollars ($10,000) per violation per day.

(2) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking other enforcement action, whether criminal, civil or administrative, against a user.

(Ord. 639 § 1 (part), 2001)

(1) A user that willfully or negligently violates any provision of this Chapter, an IWD permit or an order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor.

(2) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this Chapter, an IWD permit, or an order issued hereunder, or that falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter shall, upon conviction, be guilty of a misdemeanor.

(Ord. 639 § 1 (part), 2001)

The provisions in Chapter are not exclusive remedies. The Public Works 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 Public Works Director may take other action against any user when the circumstances warrant. Further, the Public Works Director is empowered to take more than one enforcement action against any noncompliant user.

(Ord. 639 § 1 (part), 2001)

(Ord. No. 694, § 2, 11-16-09)

The amount of any fee or charge imposed by the provisions of this Chapter, including interest and penalty assessments, are a debt owed to the City. The City Attorney, or designee, is authorized to file an action in the name of the City in any court of competent jurisdiction for the amount of any delinquent fees or charges, and if legal action is brought by the City or its assignee to enforce collection of any amount charged and due under this Chapter, any judgment rendered in favor of the City may include costs of suit incurred by the City or its assignee, including actual attorneys' fees.

(Ord. No. 694, § 3, 11-16-09)

All fees and charges made or assessed under the provisions of this Chapter are due on receipt of the billing statement and become delinquent fifteen (15) days thereafter. Fees not received by the City within thirty (30) days after the billing date are subject to a penalty of twenty percent (20%) of the unpaid balance, and interest accrues thereafter at a rate of ten percent (10%).

(Ord. No. 694, § 3, 11-16-09)

Sewer connection fees and deposits may be adjusted periodically to account for inflation in accordance with specific provisions as set forth by ordinance of the City Council.

(Ord. No. 694, § 3, 11-16-09)

Fees and charges made and collected in accordance with and under the authority of this Chapter must be set and established by the City Council.

Current charges must be established by City Council ordinance.

(Ord. No. 694, § 3, 11-16-09)

Except as otherwise provided in this Chapter, whenever the fees and charges required by this Chapter are based on estimated values or estimated quantities, the City Manager, or designee, must make the necessary determinations in accordance with established practices.

(Ord. No. 694, § 3, 11-16-09)

A. User fees. All persons connected to the City's sewer system must pay to the City monthly fees for sewer service as established by the City Council.

B. Industrial wastewater discharge permit fees. All persons requiring an industrial waste discharge permit must pay to the City a yearly permit fee as established by the City Council.

C. Service fees. Should the City or its agents perform required industrial wastewater sampling, analysis, review, flow measurements or other activities for an industrial user, said user must be held responsible for all accrued costs. Fees for the service must be as established by the City Council.

D. Connection fees. The Director must charge and collect the fees specified by the City Council from persons connecting to the City sewer system, from applicants for permit and permittees under this Chapter and from users of the City sewer system.

(Ord. No. 694, § 3, 11-16-09)

(a) Any customer in the very low-income category who receives wastewater services at his or her personal residence may apply for a seven and one-half percent (7.5%) reduction in wastewater fees and service charges. Applications for reduced rates must be on forms supplied by the City. The applicant under penalty of perjury must supply all information required to be given on such forms.

(b) Reduced rates must be granted to qualifying applicants who file their applications with the City. A change of address terminates the special rate provided in this section, but a new application by such person at his or her new address may be made and the reduced rate allowed, if the requirements set out in this section are satisfied.

(c) For the purposes of this section, a "qualifying applicant" is defined as any household qualified under Southern California Edison's CARE program.

(d) The City Manager, or designee, may adopt such rules and regulations deemed necessary to properly carry out the provisions of this section.

(Ord. No. 708, § 3, 9-6-11; Ord. No. 721, § 2, 2-1-16)