Redlands Municipal Code Ch. 13.52 Pretreatment and Regulation of Wastes

A. Purpose And Policy: This chapter sets forth uniform requirements for all users of the publicly owned treatment works of the city of Redlands and enables the city to comply with all applicable state and federal laws, including the clean water act (33 USC section 1251 et seq.) and the general pretreatment regulations (40 CFR part 403). The objectives of this chapter are:

1. To prevent the introduction of pollutants into the city's wastewater treatment facilities that may interfere with its operation;

2. To prevent the introduction of pollutants into the wastewater treatment facilities that will pass through the system, inadequately treated, into surface waters, ground waters, the atmosphere or otherwise be incompatible with the facilities;

3. To protect both the wastewater treatment facilities personnel who may be affected by improperly treated wastewater and sludge in the course of their employment and the general public;

4. To promote reuse and recycling of industrial wastewater and sludge from the wastewater treatment facilities;

5. To authorize the establishment of fees for the equitable distribution of the cost of operation, maintenance and improvement of the wastewater treatment facilities; and

6. To enable the city to comply with its permit conditions, sludge use and disposal requirements, and any other federal or state laws to which its wastewater treatment facilities are subject.

B. Administration: This chapter shall apply to all discharges, whether direct or indirect, to the wastewater treatment facilities, and authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the establishment of fees for the equitable distribution of costs resulting from the program established herein. Except as otherwise provided herein, the city's director of municipal utilities shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the director by this chapter may be delegated by the director to other city personnel. (Ord. 2268 § 1, 1995)

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated. Definitions of all chemical, biological, and other technical terms shall be the same as defined in the latest edition of "Standard Methods For The Examination Of Water And Wastewater", published by the American Public Health Association, American Water Works Association and Water Environment Federation.

ACT OR THE ACT: The federal water pollution control act, also known as the clean water act, as amended, 33 USC section 1251 et seq. The act has been incorporated by reference into California law in the Water Code, chapter 5.5.

APPROVAL AUTHORITY: The state of California state water resources control board and/or California regional water quality control board - Santa Ana region and, for certain oversight functions, the federal environmental protection agency.

APPROVED ANALYTICAL METHODS: The sample analysis techniques prescribed in 40 CFR part 136 and amendments thereto. Where 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods approved by the city, or any other applicable sampling and analytical procedures, including procedures suggested by the city or other parties, as approved by the EPA.

AUTHORIZED REPRESENTATIVE OF THE USER: A. If the user is a corporation: 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;

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

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 his or her designee.

D. The individuals described in subsections A through C of this definition 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 (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days of twenty degrees centigrade (20°C), usually expressed as a concentration (e.g., mg/l).

BYPASS: The diversion of waste streams from any point of a user's pretreatment facility.

CFR: The code of federal regulations.

CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the act which apply to a specific category of users and which appear in 40 CFR chapter I, subchapter N, parts 405–471.

CHEMICAL OXYGEN DEMAND: The quantity of oxygen required to chemically oxidize material in a waste sample expressed in mg/l under specified conditions of oxidizing agent, temperature and time. COD results are not necessarily related to BOD results.

CITY: The city of Redlands.

COMPLIANCE SCHEDULE: A time schedule enforceable under this chapter containing increments of profess, i.e., milestones, in the form of dates. These milestones shall be for the commencement and/or completion of major events leading to the construction and operation of additional pretreatment facilities or the implementation of policies, procedures or operational management techniques required for the user to comply with all applicable federal, state or local environmental regulations which may directly or indirectly affect the quality of the user's wastewater effluent.

CONTROL AUTHORITY: The city of Redlands acting through its municipal utilities director.

DOMESTIC WASTEWATER: Wastewater from residences and other premises resulting from personal use of water for washing and sanitary purposes or the discharge of human excrement and related matter.

EPA: The United States environmental protection agency or, where appropriate, the regional water management division director, or other duly authorized official of said agency.

EXCHANGE TYPE WATER CONDITIONING APPARATUS: Water conditioning apparatus that is removed from the premises upon which it normally operates and is regenerated at a commercial regeneration plant when in need of regeneration.

EXISTING SOURCE: 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.

INDIRECT DISCHARGE OR DISCHARGE: The introduction of pollutants into the wastewater treatment facilities from any nondomestic source regulated under section 307(b), (c) or (d) of the act.

INDUSTRIAL WASTEWATER: Nondomestic wastewater. Industrial wastewater does not include wastewater from single or multiple residences.

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT: The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERCEPTOR OR GRAVITY SEPARATION INTERCEPTOR: A device designed to provide a quiescent environment for the separation of deleterious or undesirable matter from wastewater and permit treated sewage or liquid wastes to discharge into the public sewer. This pretreatment is often called a trap.

INTERFERENCE: A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the wastewater treatment facilities, their treatment processes, operations or their sludge processes, use or disposal; and therefore, is a cause of a violation of the city's waste discharge permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: section 405 of the act; the solid waste disposal act, including title II commonly referred to as the resource conservation and recovery act ("RCRA"); any state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the solid waste disposal act; the clean air act; the toxic substances control act; and the marine protection, research and sanctuaries act.

MAY: Is permissive.

MEDICAL WASTE: 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.

MUNICIPAL UTILITIES DIRECTOR OR DIRECTOR: The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, or his or her duly authorized representative.

NEW SOURCE: 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 of pollutants at an existing source; or

3. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

B. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection A2 or A3 of this definition 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:

a. Any placement, assembly or installation of facilities or equipment, or

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

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

NONCONTACT COOLING WATER: Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.

NONDOMESTIC WASTEWATER: All wastewater except domestic wastewater and pollutant free wastewater. Domestic wastewater mixed with nondomestic wastewater shall be nondomestic wastewater.

PASS-THROUGH: A discharge which exits the wastewater treatment facilities 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 provision of the city's waste discharge requirements, including an increase in the magnitude or duration of a violation.

PERSON: Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state and local governmental entities.

PLUMBING OFFICIALS: The director of building and safety of the city or his or her duly authorized representative.

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

PRETREATMENT: 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 wastewater treatment facilities. This reduction or alteration can be obtained by physical, chemical or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

PRETREATMENT REQUIREMENTS: Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

PRETREATMENT STANDARD OR STANDARDS: Prohibited discharge standards, categorical pretreatment standards and local limits.

PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES: Absolute prohibitions against the discharge of certain substances.

PUBLICLY OWNED TREATMENT WORKS OR POTW: A "treatment works", as defined by section 212 of the act (33 USC 1292), which is owned by the city. This definition includes any device or system used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment facility.

SAMPLER: A device used with or without flow measurement to obtain a portion for analytical purposes which may be designated for taking a single sample ("grab"), composite sample, continuous sample or periodic sample.

SEPTIC TANK WASTE: Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.

SHALL: Is mandatory.

SIGNIFICANT INDUSTRIAL USER: A. A user subject to categorical pretreatment standards; or

B. A user that:

1. Discharges an average of twenty five thousand (25,000) gallons per day (gpd) or more of processed wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater),

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

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

C. Upon finding that a user meeting the criteria in subsection B of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from 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: Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards.

STANDARD INDUSTRIAL CLASSIFICATION (SIC): The system of classifying industries identified in SIC manual, 1972, or subsequent edition, prepared by the office of management and budget.

STORM WATER: Any flow occurring during or following any form of natural precipitation, or resulting from such precipitation, including snowmelt.

TOXIC POLLUTANT: Any pollutant or combination of pollutants listed as toxic in 40 CFR 401.15 or 40 CFR 403, appendix B.

USER OR INDUSTRIAL USER: A source of indirect discharge.

WASTEWATER: Liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, institutions, together with any ground water, surface water, and storm water that may be present, whether treated or untreated, which are contributed to the POTW.

WASTEWATER DISCHARGE PERMIT: The regulatory procedure established by this chapter and enforced by the director to control the flow and quality of wastes discharged into the POTW.

WASTEWATER TREATMENT FACILITIES OR TREATMENT FACILITIES: The structures, equipment and processes maintained by the city which are required to treat and dispose of domestic and nondomestic wastewater. (Ord. 2268 § 1, 1995)

A. Prohibited Discharge Standards: Except as hereinafter provided, it is unlawful for any person to discharge, or cause to be discharged, into any public sewer or any opening leading to a public sewer of the city any pollutant or wastewater which causes pass-through or interference, or any material which will cause significant damage to any part of the city's POTW. This prohibition shall apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements.

The following is a nonexclusive list of other specifically prohibited wastes:

1. Any earth, sand, rocks, ashes, gravel, plaster, concrete, semisolid (partially solid), solid or viscous material in quantities or volume which will obstruct the flow of sewage in the public sewer or any object that will cause clogging of sewage pumps or sewage sludge pumps or interfere or cause pass-through with the normal operation of the wastewater treatment facilities.

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

3. Any liquids, solids, gases or pollutants that either alone or by interaction with other substances cause flammable or explosive conditions including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) (60°C) using the test methods specified in 40 CFR 261.21.

4. Trucked or hauled pollutants, except at discharge points and in such manner as designated by the director.

5. Any wastewater having a pH less than 6.0 or greater than 10.0, or any other corrosive property capable of causing damage or hazard to structures or equipment of the POTW.

6. Any substance which will cause the temperature of the sewage in the city's receiving main of six inches (6") or greater, to rise higher than one hundred four degrees Fahrenheit (104°F) (40°C), or which will inhibit biological activity in the treatment facilities resulting in interference.

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

8. Pollutants, including, but not limited to, oxygen demanding pollutants (biochemical oxygen demand, chemical oxygen demand, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW.

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

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

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

12. Any waste containing sufficient amounts of detergents, surface active agents or other substances which may cause excessive foaming in the POTW.

13. Medical wastes, except as specifically authorized by the director in a waste discharge permit.

14. Sludges, screenings, or other residues from the pretreatment of industrial wastes, except as specifically authorized by the director in a waste discharge permit.

15. Any material which causes abnormal sulfide generation or abnormal maintenance or operation costs of any part of the public sewer system, becomes a nuisance or menace to public health, or any strongly odorous wastes or wastes tending to create odors.

16. Special restrictions apply to water softening devices. It is unlawful to install, replace or enlarge apparatus for softening all or any part of the water supply to any premises when such apparatus is an ion exchange softener or demineralizer of the type that is regenerated on the site of use. The owner of an existing water softening or conditioning apparatus may continue to operate said apparatus after the owner registers and certifies the apparatus with the city pursuant to the requirements set forth in the California Health and Safety Code. The certification shall include the following information:

a. The name and address of the owner;

b. The equipment manufacturer;

c. The model number of the apparatus, pounds of salt used per regeneration, salt efficiency rating at the time of certification and that the specified water saving devices have been installed;

d. Name, address and the specialty contractor's license number of the class C-55 and C-36 licensee making the certification;

e. Any other information required by the director.

Except as provided for in this chapter, no water conditioning equipment in use after February 15, 1983, may discharge waste into the public sewer or to the ground if the equipment has a mineral capacity in excess of one and one-half (11/2) cubic feet. Multiple units installed to supply water to the same premises shall be considered a single apparatus for the purposes of this chapter. Any person installing or operating water treating apparatus of any kind shall make such apparatus accessible to the director for inspection at all times and shall make such reports and pay any fee relative to such apparatus as the director may require.

17. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. This includes the prohibition of increased use of process water or dilution as a partial or complete substitute for adequate treatment to achieve compliance with federal, state or local limitations, unless expressly authorized by an applicable pretreatment standard or requirement, in accordance with 40 CFR 403.6(d).

B. Pretreatment Standards: The categorical pretreatment standards found at 40 CFR chapter I, subchapter N, parts 405–471 are incorporated.

C. Local Limits: The director may develop and implement pollutant limitations. These limitations are necessary to assure compliance with the city's waste discharge requirements including the prohibition against pass-through of any pollutants that cause a violation of a permit or cause interference with the POTW. Through the issuance of an industrial user permit, the pollutant allocations may be allocated among industrial user classes or individual users considering factors such as equity, technical feasibility, economic feasibility, pollution prevention and waste minimization measures, anticipated growth and enforcement feasibility. Specific pollutant limits shall not be developed and enforced without individual public notice to affected persons or users. The city reserves the right to establish by ordinance, resolution, or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. (Ord. 2268 § 1, 1995)

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

B. Additional Pretreatment Measures:

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

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

3. All nondomestic users shall be required to install and maintain a grease, oil and/or sand interceptor when the director finds that such facility is necessary for the proper handling of liquid waste containing grease, flammable wastes, sand, or other harmful constituents which may be properly eliminated from the collection system by use of an interceptor. An interceptor is not required for a building used solely for residential purposes except where common food preparation occurs. All interception units shall be of the type and capacity approved by the director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at its expense. When an interceptor is cleaned, the removed sediment, liquid and floating material shall be legally disposed of other than to the city's POTW or storm drain.

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

C. Accidental Discharge/Slug Control Plans: At least once every two (2) years, the director shall evaluate whether each user needs an accidental discharge/slug control plan. The director may require any user to develop, submit for approval and implement such a plan. Alternatively, the director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

• 1. Description of discharge practices, including nonroutine batch discharges;
• 2. Description of stored chemicals;
• 3. Procedures for immediately notifying the director of any accidental or slug discharge; and

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

D. Hauled Wastewater: Hauled waste may be introduced into the POTW only at locations designated by the director, and at such times as are established by the director. Such waste shall not violate any provision of this chapter or any other requirements of the city. The director shall require septic tank waste haulers to obtain wastewater discharge permits. No load may be discharged without prior consent of the director. The director may require samples to be collected from each hauled load to ensure compliance with applicable standards and may require the waste hauler to provide a waste analysis of any load prior to discharge. Waste haulers shall complete a waste tracking form provided by the city for every load. This form shall include, but not be limited to, the name and address of the waste hauler, permit number, truck identification, names and addresses of sources of waste and volume and characteristics of the waste along with the origin and known or suspected waste constituents. (Ord. 2268 § 1, 1995)

A. Wastewater Analysis: When requested by the director, a user shall submit information to the city on the nature and characteristics of its wastewater within sixty (60) days of the request. The director is authorized to prepare a form for this purpose and may periodically require users to update this information.

B. Wastewater Discharge Permit Requirement:

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

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

3. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions described herein. Obtaining a wastewater discharge permit shall 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.

C. Wastewater Discharge Permitting; Existing Connections: Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to February 15, 1983, and who wishes to continue such discharges in the future, shall, within sixty (60) days after said date, apply to the director for a wastewater discharge permit.

D. Wastewater Discharge Permitting; New Connections: Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW shall obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit shall be filed at least one hundred eighty (180) days prior to the date upon which any discharge will begin or recommence.

E. Wastewater Discharge Permit Application Contents: All users required to obtain a wastewater discharge permit must submit a permit application. The director may require all users to submit as part of an application the following information:

1. All information required by this chapter;

2. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials;

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 discharges; and

8. Any other information required by the director to evaluate the wastewater discharge permit application.

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

F. Application Signatories And Certification: All wastewater discharge permit applications and user reports must 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 assure that qualified personnel properly gathered and evaluated 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.

G. Wastewater Discharge Permit Decisions: The director will evaluate the data furnished by the user and may require additional information. This additional information may be gathered by inspections of user facilities and/or the use of a sample to collect wastewater samples to characterize the pollutants in the user's discharge. This information gathering shall be in accordance with section 13.52.080 of this chapter. After evaluation of the data furnished, the director will determine whether or not to issue a wastewater discharge permit. The director may deny any application for a wastewater discharge permit. (Ord. 2268 § 1, 1995)

A. Wastewater Discharge Permit Duration: A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. Each wastewater discharge permit shall indicate a specific date upon which it will expire.

B. Wastewater Discharge Permit Contents: A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the 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 sludge management and disposal and protect against damage to the POTW.

1. Wastewater discharge permits shall contain:

a. The duration of the wastewater discharge permit;

b. A statement that the wastewater discharge permit is nontransferable without prior written notification to the city in accordance with this chapter and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge 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 and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.

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

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

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

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

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

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

f. Requirements for installation and maintenance of inspection and sampling facilities and equipment;

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

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

C. Wastewater Discharge Permit Appeals: The director shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the director to reconsider the terms of a wastewater discharge permit within ten (10) calendar days of notice of its issuance.

1. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

2. In its petition, the appealing party shall indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

3. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

4. If the director fails to act within twenty (20) days after receipt of an appeal, the appeal shall be deemed denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

5. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the appropriate court within the appropriate state statute of limitations.

D. Wastewater Discharge Permit Modification: Wastewater discharge permits shall not be transferred to a new owner or operator without prior written approval of the director. The notice of transfer to the director shall include a written certification by the new owner or operator which:

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

2. Identifies the specific date on which the transfer will occur; and

3. Acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide advance written notice to the director of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

E. Wastewater Discharge Permit Revocation: The director may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

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

2. Failure to provide prior notification to the director of changed conditions pursuant to the requirements of this chapter;

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

• 4. Falsifying self-monitoring reports;
• 5. Tampering with monitoring equipment;
• 6. Refusing to allow the 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 charges;
• 10. Failure to meet compliance schedules;

11. Failure to complete a wastewater survey or the wastewater discharge 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 wastewater discharge permit or this chapter.

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

F. Wastewater Discharge Permit Reissuance: A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application to the director, a minimum of ninety (90) days prior to the expiration of the user's existing wastewater discharge permit.

G. Regulation Of Waste Received From Other Jurisdictions:

1. If another municipality, or user located within another municipality, contributes wastewater to the POTW, the city shall enter into an agreement with the contributing municipality. Prior to entering into such an agreement, the director shall request the following information from the contributing municipality:

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

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

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

2. The agreement shall contain the following:

a. A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits which are at least as stringent as those in this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to this chapter or local limits;

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

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

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

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

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

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

h. A provision specifying remedies available for breach of the terms of the agreement. (Ord. 2268 § 1, 1995)

A. Reserved.

B. Reporting Requirements For Industrial Users Upon Effective Date Of Categorical Pretreatment Standard-Baseline Report: Within one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or one hundred eighty (180) days after the final administrative decision made upon a category determination submission under section 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the control authority a report which contains the information listed in subsections B1 through B7 of this section. At least ninety (90) days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the control authority a report which contains the information listed in subsections B1 through B5 of this section.

New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in subsections B4 and B5 of this section:

1. Identifying Information: The user shall submit the name and address of the facility including the name of the operator and owners;

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

3. Description Of Operations: The user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;

4. Flow Measurement: The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

a. Regulated process streams; and

b. Other streams as necessary to allow use of the combined waste stream formula of section 403.6(e). (See subsection B5d of this section.)

The control authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations;

5. Measurement Of Pollutants:

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

b. In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or control authority) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard;

c. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection B5;

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

e. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto. Where 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the administrator determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the administrator;

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

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

6. Certification: A statement, reviewed by an authorized representative of the industrial user (as defined in subsection B1 of this section) and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements; and

7. Compliance Schedule: If additional pretreatment and/or O and M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

a. Where the industrial user's categorical pretreatment standard has been modified by a removal allowance (section 403.7), the combined waste stream formula (section 403.6(e)), and/or a fundamentally different factors variance (section 403.13) at the time the user submits the report required by this subsection B, the information required by subsection B6 of this section and this subsection B7 shall pertain to the modified limits.

b. If the categorical pretreatment standard is modified by a removal allowance (section 403.7), the combined waste stream formula (section 403.6(e)), and/or a fundamentally different factors variance (section 403.13) after the user submits the report required by this subsection B, any necessary amendments to the information requested by subsection B6 of this section and this subsection B7 shall be submitted by the user to the control authority within sixty (60) days after the modified limit is approved.

C. Compliance Schedule For Meeting Categorical Pretreatment Standards: The following conditions shall apply to the schedule required by subsection B7 of this section:

1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

2. No increment referred to in subsection C1 of this section shall exceed nine (9) months.

3. Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the control authority including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the control authority.

D. Report On Compliance With Categorical Pretreatment Standard Deadline: 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 POTW, any industrial user subject to pretreatment standards and requirements shall submit to the control authority a report containing the information described in subsections B4 through B6 of this section. For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in section 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period.

E. Periodic Reports On Continued Compliance:

1. Any industrial user subject to a categorical pretreatment standard (except a nonsignificant categorical user as defined in section 403.3(v)(2)), after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the control authority during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority or the approval authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in subsection B4 of this section except that the control authority may require more detailed reporting of flows. In cases where the pretreatment standard requires compliance with a best management practice (or pollution prevention alternative), the user shall submit documentation required by the control authority or the pretreatment standard necessary to determine the compliance status of the user. At the discretion of the control authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the control authority may modify the months during which the above reports are to be submitted.

2. The control authority may authorize the industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:

a. The control authority may authorize a waiver where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

b. The monitoring waiver is valid only for the duration of the effective period of the permit or other equivalent individual control mechanism, but in no case longer than five (5) years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.

c. In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes. The request for a monitoring waiver must be signed in accordance with subsection K1 of this section and include the certification statement in section 403.6(a)(2)(ii). Nondetectable sample results may only be used as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

d. Any grant of the monitoring waiver by the control authority must be included as a condition in the user's control mechanism. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the control authority for three (3) years after expiration of the waiver.

e. Upon approval of the monitoring waiver and revision of the user's control mechanism by the control authority, the industrial user must certify on each report with the statement below, that there has been no increase in the pollutant in its waste stream due to activities of the industrial user:

Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under 40 CFR 403.12(e)(l).

f. In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of subsection E1 of this section or other more frequent monitoring requirements imposed by the control authority; and notify the control authority.

g. This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

3. The control authority may reduce the requirement in subsection E1 of this section to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the approval authority, where the industrial user meets all of the following conditions:

a. The industrial user's total categorical wastewater flow does not exceed any of the following:

(1) 0.01 percent of the design dry weather hydraulic capacity of the POTW, or five thousand (5,000) gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;

(2) 0.01 percent of the design dry weather organic treatment capacity of the POTW; and

(3) 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed by a POTW in accordance with section 403.5(c) and subsection D of this section;

b. The industrial user has not been in significant noncompliance, as defined in section 403.8(0)(2)(viii), for any time in the past two (2) years;

c. The industrial user does not have daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period pursuant to subsection G3 of this section;

d. The industrial user must notify the control authority immediately of any changes at its facility causing it to no longer meet conditions of subsection E3a or E3b of this section. Upon notification, the industrial user must immediately begin complying with the minimum reporting in subsection E1 of this section; and

e. The control authority must retain documentation to support the control authority's determination that a specific industrial user qualifies for reduced reporting requirements under subsection E3 of this section for a period of three (3) years after the expiration of the term of the control mechanism.

4. For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in section 403.6(c), the report required by subsection E1 of this section shall contain a reasonable measure of the user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by subsection E1 of this section shall include the user's actual average production rate for the reporting period.

F. Notice Of Potential Problems, Including Slug Loading: All categorical and noncategorical industrial users shall notify the POTW immediately of all discharges that could cause problems to the POTW, including any slug loadings, as defined by section 403.5(b), by the industrial user.

G. Monitoring And Analysis To Demonstrate Continued Compliance:

1. Except in the case of nonsignificant categorical users, the reports required in subsections B, D, E, and H of this section shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the control authority, of pollutants contained therein which are limited by the applicable pretreatment standards. This sampling and analysis may be performed by the control authority in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under subsections B6 and D of this section. In addition, where the POTW itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.

2. If sampling performed by an industrial user indicates a violation, the user shall notify the control authority 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 control authority within thirty (30) days after becoming aware of the violation. Where the control authority has performed the sampling and analysis in lieu of the industrial user, the control authority must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Resampling is not required if:

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

b. The control authority performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the control authority receives the results of this sampling.

3. The reports required in subsections B, D, E and H of this section must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The control authority shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty four (24) hour composite samples must be obtained through flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the control authority. Where time proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty four (24) hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the control authority, as appropriate.

4. For sampling required in support of baseline monitoring and ninety (90) day compliance reports required in subsections B and D of this section, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the control authority may authorize a lower minimum. For the reports required by subsections E and H of this section, the control authority shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.

5. All analyses shall be performed in accordance with procedures established by the administrator pursuant to section 304(h) of the act and contained in 40 CFR part 136 and amendments thereto or with any other test procedures approved by the administrator. (See sections 136.4 and 136.5.) Sampling shall be performed in accordance with the techniques approved by the administrator. Where 40 CFR part 136 does not include sampling or analytical techniques for the pollutants in question, or where the administrator determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the administrator.

6. If an industrial user subject to the reporting requirement in subsection E or H of this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control authority, using the procedures prescribed in subsection G5 of this section, the results of this monitoring shall be included in the report.

a. Reporting Requirements For Industrial Users Not Subject To Categorical Pretreatment Standards: The control authority must require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards. Significant noncategorical industrial users must submit to the control authority at least once every six (6) months (on dates specified by the control authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the control authority. In cases where a local limit requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the control authority to determine the compliance status of the user. These reports must be based on sampling and analysis performed in the period covered by the report, and in accordance with the techniques described in part 136 and amendments thereto. This sampling and analysis may be performed by the control authority in lieu of the significant noncategorical industrial user.

H. Annual POTW Reports: POTWs with approved pretreatment programs shall provide the approval authority with a report that briefly describes the POTW's program activities, including activities of all participating agencies, if more than one jurisdiction is involved in the local program. The report required by this subsection shall be submitted no later than one year after approval of the POTW's pretreatment program and at least annually thereafter, and shall include, at a minimum, the following:

1. An updated list of the POTW's industrial users, including their names and addresses, or a list of deletions and additions keyed to a previously submitted list. The POTW shall provide a brief explanation of each deletion. This list shall identify which industrial users are subject to categorical pretreatment standards and specify which standards are applicable to each industrial user. The list shall indicate which industrial users are subject to local standards that are more stringent than the categorical pretreatment standards. The POTW shall also list the industrial users that are subject only to local requirements. The list must also identify industrial users subject to categorical pretreatment standards that are subject to reduced reporting requirements under subsection E3 of this section, and identify which industrial users are nonsignificant categorical industrial users;

2. A summary of the status of industrial user compliance over the reporting period;

3. A summary of compliance and enforcement activities (including inspections) conducted by the POTW during the reporting period;

4. A summary of changes to the POTW's pretreatment program that have not been previously reported to the approval authority; and

5. Any other relevant information requested by the approval authority.

I. Notification Of Changed Discharge: All industrial users shall promptly notify the control authority (and the POTW if the POTW is not the control authority) in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under subsection O of this section.

J. Compliance Schedule For POTWs: The following conditions and reporting requirements shall apply to the compliance schedule for development of an approvable POTW pretreatment program required by section 403.8.

1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the development and implementation of a POTW pretreatment program (e.g., acquiring required authorities, developing funding mechanisms, acquiring equipment);

2. No increment referred to in subsection J1 of this section shall exceed nine (9) months;

3. Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the POTW shall submit a progress report to the approval authority including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps taken by the POTW to return to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the approval authority.

K. Signatory Requirements For Industrial User Reports: The reports required by subsections B, D, and E of this section shall include the certification statement as set forth in section 403.6(a)(2)(ii), and shall be signed as follows:

1. By a responsible corporate officer, if the industrial user submitting the reports required by subsections B, D, and E of this section is a corporation. For the purpose of this subsection, a "responsible corporate officer" means:

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

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

2. By a general partner or proprietor if the industrial user submitting the reports required by subsections B, D and E of this section is a partnership, or sole proprietorship respectively.

3. By a duly authorized representative of the individual designated in subsection K1 or K2 of this section if:

a. The authorization is made in writing by the individual described in subsection K1 or K2 of this section;

b. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

c. The written authorization is submitted to the control authority.

4. If an authorization under subsection K3 of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subsection K3 of this section must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.

L. Signatory Requirements For POTW Reports: Reports submitted to the approval authority by the POTW in accordance with subsection H of this section must be signed by a principal executive officer, ranking elected official or other duly authorized employee. The duly authorized employee must be an individual or position having responsibility for the overall operation of the facility or the pretreatment program. This authorization must be made in writing by the principal executive officer or ranking elected official, and submitted to the approval authority prior to or together with the report being submitted.

M. Provisions Governing Fraud And False Statements: The reports and other documents required to be submitted or maintained under this section shall be subject to:

1. The provisions of 18 USC section 1001 relating to fraud and false statements;

2. The provisions of sections 309(c)(4) of the act, as amended, governing false statements, representation or certification; and

3. The provisions of section 309(c)(6) regarding responsible corporate officers.

N. Record Keeping Requirements:

1. Any industrial user and POTW subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities required by this section, including documentation associated with best management practices. Such records shall include for all samples:

a. The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;

b. The dates analyses were performed;

c. Who performed the analyses;

d. The analytical techniques/methods used; and

e. The results of such analyses.

2. Any industrial user or POTW subject to the reporting requirements established in this section (including documentation associated with best management practices) shall be required to retain for a minimum of three (3) years any records of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the director and the regional administrator (and POTW in the case of an industrial user). This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or POTW or when requested by the director or the regional administrator.

3. Any POTW to which reports are submitted by an industrial user pursuant to subsections B, D, E, and H of this section shall retain such reports for a minimum of three (3) years and shall make such reports available for inspection and copying by the director and the regional administrator. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation of the POTW pretreatment program or when requested by the director or the regional administrator.

O. Notification Of Proper Authorities:

1. The industrial user shall notify the POTW, the EPA regional waste management division director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user discharges more than one hundred kilograms (100 kg) of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place within one hundred eighty (180) days of the effective date of this rule. Industrial users who commence discharging after the effective date of this rule shall provide the notification no later than one hundred eighty (180) days after the discharge of the listed or characteristic hazardous waste. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 CFR 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 403.12 (b), (d), and (e).

2. Dischargers are exempt from the requirements of subsection O1 of this section during a calendar month in which they discharge no more than fifteen kilograms (15 kg) of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.301(d) and 261.33(e). Discharge of more than fifteen kilograms (15 kg) of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a onetime notification.

Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

3. In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA regional waste management waste division director, and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

4. In the case of any notification made under this subsection O, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

P. Annual Certification By Nonsignificant Categorical Industrial Users: A facility determined to be a nonsignificant categorical industrial user pursuant to section 403.3(v)(2) must annually submit the following certification statement, signed in accordance with the signatory requirements in subsection L of this section. This certification must accompany any alternative report required by the control authority:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR , I certify that, to the best of my knowledge and belief that during the period from , to [month, days, year]:

(a) The facility described as [facility name] met the definition of a non- significant categorical Industrial User as described in section 403.3(v)(2); (b) the facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information:

Q. Electronic Reporting: The control authority that chooses to receive electronic documents must satisfy the requirements of 40 CFR part 3 (electronic reporting). (Ord. 2662 § 1, 2007: Ord. 2268 § 1, 1995)

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

1. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director will be permitted to enter without delay for the purposes of performing specific responsibilities.

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

3. The director may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated per the manufacturer of the device's guidelines to ensure their accuracy.

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

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

B. Search Warrants: If the director has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the director may seek issuance of a search warrant from the appropriate court. (Ord. 2268 § 1, 1995)

A. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the director'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 director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the permit program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. (Ord. 2268 § 1, 1995)

A. The director shall publish at least annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. For the purposes of this section, a user is in significant noncompliance if its violation meets one or more of the following criteria:

1. "Chronic violations of wastewater discharge limits", defined here as those in which sixty six percent (66%) or more of wastewater measurements taken for the same pollutant parameter during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined;

2. "Technical review criteria (TRC) violations", defined here as those in which thirty three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

3. Any other discharge violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) that the POTW determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;

4. Any discharge of pollutants that has caused imminent endangerment to human health, welfare or to the environment, or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;

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

6. Failure to provide within forty five (45) days after the due date, any required reports, including baseline monitoring reports, ninety (90) day reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

7. Failure to accurately report noncompliance; or

8. Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 2662 § 2, 2007: Ord. 2268 § 1, 1995)

A. Notification Of Violation: When the director finds that a user has violated any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director may serve upon that user a written notice of violation. Within ten (10) calendar days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

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

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

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

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

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

D. Termination Of Discharge: In addition to the provisions of this chapter, any user who violates the following conditions is subject to discharge termination:

1. Violation of wastewater discharge permit conditions;

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

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

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

5. Violation of the pretreatment standards of this chapter.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under this chapter why the proposed action should not be taken. Exercise of this option by the director shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 2268 § 1, 1995)

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

B. Civil Penalties:

1. Any user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, an order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of one thousand dollars ($1,000.00) per violation, per day for as long as the violation continues, plus actual damages incurred by the city. In the case of a monthly or other long term average discharge limit, penalties shall accrue for each day during the period of the violation.

2. The director may recover reasonable attorney fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

3. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user and any other factor as justice requires.

4. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

C. Criminal Prosecution:

1. Any user who violates any provision of this chapter, a wastewater discharge permit, an order issued hereunder or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than the maximum fine and/or imprisonment allowed under state law per violation, per day.

2. Any user who introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor punishable by a fine not more than the maximum fine and/or imprisonment allowed under state law per violation, per day. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

3. Any 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, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than the maximum fine and/or imprisonment allowable under state law per violation, per day.

D. Remedies Nonexclusive: The remedies provided for in this chapter are not exclusive. The director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the director may take other action against any user when the circumstances warrant. Further, the director is empowered to take more than one enforcement action against any noncompliant user. (Ord. 2268 § 1, 1995)

A. Performance Bonds: The director may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the director to be necessary to achieve consistent compliance.

B. Liability Insurance: The director may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

C. Water Supply Severance: Whenever a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service shall only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

D. Public Nuisance: A violation of any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the director. Any person creating a public nuisance shall be subject to the provisions of this code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating or remedying such nuisance. (Ord. 2268 § 1, 1995)

A. Pretreatment Charges And Fees: The city may adopt by resolution reasonable fees for the reimbursement of its costs of establishing, implementing and operating the city's pretreatment program which may include, but are not limited to, the cost of processing wastewater discharge permit applications for monitoring, inspection and surveillance procedures, the review of monitoring reports submitted by users, for reviewing and responding to accidental discharge procedures and construction for filing appeals and other fees as the city may deem necessary to carry out the requirements of this chapter. (Ord. 2268 § 1, 1995)