Redondo Beach Municipal Code Art. 1 General

The City is authorized by Article XI, Section 5 and Section 7 of the State Constitution to exercise the police power of the State by adopting regulations promoting the public health, safety and general prosperity. This chapter is enacted pursuant to authority conferred by law including but not limited to the California Health and Safety Code, Sections 5400 through 5474, the California Government Code, Sections 54725 through 54740, and 66000 through 66003, the California Code of Regulations, Title 22, the Clean Water Act, 33 U.S.C. 1251, et seq., and the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. Section 6901, et seq.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

This chapter is adopted to protect public health, welfare and safety and to reduce the quality of pollutants being discharged to the City's wastewater system and to the environment. More specifically, this chapter is adopted to achieve the following objectives:

(a) To provide for the beneficial use of the wastewater system through the regulation of its construction and use;

(b) To provide for equitable distribution of the cost of wastewater, and all related services through the establishment of fair and equitable fees and charges;

(c) To establish regulations of those discharges which may interfere with, upset, or pass through the regional sewage treatment plant or adversely affect the wastewater system or the environment;

(d) To regulate users of the wastewater system through the issuance of permits;

(e) To establish fair and equitable rates and charges for use of the wastewater system; and

(f) To establish penalties for violations of the provisions of this chapter.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

Whenever in this chapter, the following terms are used, they shall have the meaning respectively ascribed to them in this chapter unless another meaning for the word is apparent from the context. The definitions in this chapter are included for reference purposes and are not intended to narrow the scope of the definitions set forth in Federal or State law or regulations. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of masculine shall also mean feminine and neuter. Definitions not included in this chapter shall have the meaning given in the current wastewater ordinance of the Sanitation Districts of Los Angeles County.

"Act"

refers to the Federal Water Pollution Control Act also known as the Clean Water Act as amended, 33 U.S.C. 1251, et seq.

"Authorized representative"

as defined in 40 CFR 403.12(k) means a principal executive officer of at least the level of vice president, if the industrial user is a corporation; or general partner or proprietor if the industrial user is a partnership or sole proprietorship respectively; or a duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facility discharging to the public sewer system.

"Bypass"

means the diversion of wastewater streams from any portion of an industrial user's pretreatment facility.

"Capital facility fee"

means the prevailing unit cost per land use, based on the value as established in Section 5-4.603 of this chapter.

"CFR"

means the Code of Federal Regulations.

"City"

means the City of Redondo Beach, Los Angeles County, California.

"CSDLA" or "district,"

means the County Sanitation Districts of Los Angeles.

"Discharge"

means any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or groundwater contamination), dumping or disposal of any liquid, semi-solid or solid substance.

"Enforcing attorney"

means the City Attorney or District Attorney acting as counsel to the City or his/her appointee. For purposes of criminal prosecution, only the District Attorney and/or City Attorney shall act as the enforcing attorney.

"Engineer"

means the City Engineer and persons directed by them and under their instruction and supervision who are assigned to investigate compliance and detect violations of this chapter.

"EPA"

means the Environmental Protection Agency of the United States.

"Fee"

means any charge made to the user for the use of the public sewer or stormwater drainage system and shall include, but not be limited to, capital facilities fee, monthly wastewater user fee, and other miscellaneous fees.

"Grease"

means and includes waxes, fats, oils and other nonvolatile materials as determined by appropriate procedures set forth in 40 CFR Part 136.

"Hearing officer"

means the City Engineer or his/her designee, who shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised therein.

"Industrial user,"

means any source of industrial wastewater as defined in this section, or wastewater which is subject to regulations under Section 307(b) and (c) of the Act. The term includes but is not limited to users who are identified under the Divisions A, B, C, D, E and I, in the Standard Industrial Classification Manual, 1987, Office of Management and Budget, as amended and/or by the County Sanitation Districts of Los Angeles.

"Interference"

means any discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

(1)

Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

(2)

Therefore is a cause of a violation of any requirement of the POTW's NPDES permit of the regional sewage treatment plant (including an increase in the magnitude or duration of a violation) or the prevention of sewage sludge use or disposal in compliance with following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resources Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

"New development"

means all public and private residential (whether single family, multi-unit or PUD), industrial, commercial, retail, or other nonresidential construction projects, where the project requires any one or more of the following activities: grading, filling, trenching, or disturbance of earth, paving or resurfacing with any medium, landscaping, construction of foundations, erection of steel, wood or other framing, installation of siding or masonry of any type, stripping, sanding, stuccoing or exterior preparation, repair and painting, interior drywall installation, plastering, installation of plumbing, electrical, finished carpentry, complete flooring or interior wall covering, whether paint or otherwise.

"New source"

means any new user as defined by 40 CFR 403.3(k).

"Occupant"

means the tenant, renter or lessee of property who is the recipient of other utility services provided by the City and is responsible by utility application, agreement or by other means for the payment of said utility services or for the maintenance of the property.

"Pass through"

means the discharge of pollutants through the wastewater facilities into waters of the United States in quantities or concentrations which, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirement of the NPDES permit of the regional treatment plant, including an increase in the magnitude or duration of a violation.

"Pollutant"

means any liquid, solid or semi-solid substance, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into the water excluding uncontaminated stormwater, potable water, and reclaimed water generated by a lawfully permitted water treatment facility, but including and not limited to:

(1)

Artificial materials, chips or pieces of natural or man-made materials (including floatable plastics, woods or metal shaving);

(2)

Household waste (including trash, paper, plastics, lawn clippings and yard wastes, animal fecal materials, excessive pesticides, herbicides and fertilizers, used oil and fluids from cars, light-weight trucks, lawn mowers and other common household equipment);

(3)

Heavy metals (including cadmium, lead, arsenic, selenium, zinc, copper and chromium);

(4)

Petroleum hydrocarbons (including fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);

(5)

Excessive eroded soils, sediments and particulate materials;

(6)

Animal wastes (including discharge from confinement facilities, kennels, pens and recreational facilities, such as riding stables, show facilities or polo fields);

(7)

Substances having characteristics such as extreme pH, unusual coloration, turbidity, or excessive levels of fecal coliform, fecal streptococcus or enterococcus;

(8)

Waste materials and wastewater generated on construction sites and by construction activities (including painting, staining; use of sealants, glues, limes; excessive pesticides, fertilizers or herbicides; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing, concrete pouring.

"Pretreatment"

means the elimination of a pollutant, alteration of its properties, or reduction of its amount in the user's discharge, to meet discharge limits, or achieve pretreatment requirements. Dilution of wastewater in any way, as a partial or complete substitute for pretreatment, is prohibited.

"Pretreatment facility"

means any works or devices which are used for the treatment of wastewater, prior to discharge into a public sewer.

"Private property"

means any real property location, irrespective of ownership, which is not open to the general public.

"Publicly owned treatment works" or "POTW"

means all sewerage facilities used for collecting, conveying, pumping, treating, and disposing of sewage, whether these facilities are operated and maintained by the City or the CSDLA.

"Sewer"

means sanitary sewer or wastewater pipelines, including appurtenances such as manholes and clean-outs.

"Sewer connection"

means a privately maintained sewer line, including the connection, wye or tee, within a public street or right-of-way, proposed to connect any parcel, lot or part of a lot to a main line sewer.

"Slug load"

means a discharge that exceeds the limitations, restrictions or prohibitions of CSDLA's Wastewater Ordinance, or exceeds the provisions of the user's CSDLA Permit for Industrial Wastewater Discharge, or significantly exceeds the usual user flow and/or pollutant loading.

"Standard industrial classification (SIC)"

means a system of classifying a business based on the type of its activity as identified in the Standard Industrial Classification Manual, 1987, Office of Management and Budget, as amended.

"Unpolluted water"

means water to which no pollutant has been added either intentionally or accidentally.

"Upset"

means an exceptional incident in which there is unintentional and temporary noncompliance with discharge limits as specified on the user's permit because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.

"Wastewater factor" or "WF"

means the value used to calculate the monthly wastewater variable charge based on the estimated volume of the wastewater discharged. The volume of the wastewater is estimated from the user's water consumption using a fixed percentage.

"Wastewater ordinance"

means the current wastewater ordinance, as amended of the County Sanitation Districts of Los Angeles County.

"Wastewater system"

means all pipes, sewers, drains, connections, manholes, clean outs, or any other appurtenances, pumping stations and equipment which is necessary in the collection and transmission of all wastewater discharges to Los Angeles County Sanitation District Facilities.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

(a) As required under 40 CFR 403, the Engineer shall maintain a data filing system in compliance with public information and confidentiality records and provide for the proper handling and filing of records and reports for the general administration of the wastewater and stormwater drainage systems.

(b) Any information in a user's file which includes but is not limited to permits, permit applications, questionnaires, inspection reports and monitoring reports shall be available to the public or other governmental agency without restriction.

(c) Any request for public access to a user's file shall be made pursuant to the California Public Records Act.

(d) If the disclosure of the user's file or a portion thereof would divulge trade secrets or secret processes, the user shall have the right to request that such information be kept confidential. The Engineer shall not consider any wastewater and/or stormwater constituents and characteristics to be confidential information.

(e) Any such claim of confidentiality shall be in writing, and must be asserted at the time of submission of the information or data to the Engineer. The claim may be asserted by stamping the word "confidential" on each page containing such information or by other means.

(f) The Engineer shall keep such information confidential to the extent authorized by law.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

(a) The user shall control production of all discharges to the extent necessary to maintain compliance with local and Federal pretreatment standards upon reduction, loss, or failure of its pretreatment facility until the facility is restored or an alternative method of treatment is provided.

(b) In the event of accidental discharge, an unintentional bypass, an upset or a slug loading, the user shall immediately notify the City Fire and Engineering and Public Works Departments and CSDLA.

(c) Notifications shall include time, location, type, concentration and volume of the discharge, and the corrective action which has been taken. In no event shall the availability of the Engineer or the CSDLA relieve the user from the time limits for notification established in this chapter. This section shall not be construed as relieving the user from notification requirements otherwise set forth in Federal, State or local law.

(d) The user shall ensure that all employees are advised of this notification procedure. Notice of the notification procedure shall be conspicuously posted.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

(a) Within five working days following an accidental discharge, an unintentional bypass, an upset or a slug loading, the user shall submit to the Engineer a written report describing in detail the type, volume and cause of the discharge, corrective actions taken, and measures to prevent future occurrences.

(b) Notification shall not relieve the user of any resulting criminal and/or civil liability.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

(a) The user shall provide written notification to the Engineer, the CSDLA, the EPA Regional Waste Management Division Director, and State hazardous waste authorities of any discharge into the wastewater system of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261.

(b) 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).

(c) If the user discharges more than 100 kilograms of such waste per calendar month to the wastewater system, the notification shall also contain the following information to the extent such information is known and readily available to the user: An identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months.

(d) All notifications under this section must be submitted only once for each hazardous waste discharged. Discharges other than acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), are exempt from the requirements of subsection (a) of this section if the discharge amounts to no more than 15 kilograms of hazardous wastes per calendar month. Discharge in excess of 15 kilograms of non-acute 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 one-time notification.

(e) Any new regulations promulgated under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, require the user to notify the Engineer, the CSDLA, the EPA Regional Waste Management Division Director, and State hazardous waste authorities of the discharge of any such substance within 90 days of the effective date of such regulations.

(f) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes.

(g) The notification requirement in this section does not apply to pollutants already reported under the selfmonitoring requirements of 40 CFR 403.12 (b), (d) and (e).

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

All notifications and reports required by this chapter shall be signed by an authorized representative of the user as defined in Section 5-4.105(b) or 40 CFR 403.12(l)(1-4). Any person signing such documents shall make the following certification:

If the user elects to have a laboratory submit the results of wastewater samples to the Engineer, the laboratory director shall verify, sign and certify such reports.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

The Engineer, or his representative, shall be authorized at any reasonable time to enter the premises of any user to determine compliance with the provisions of this chapter; such inspection may include but not be limited to: inspection, sampling, monitoring, review, photograph, videotape and copy of any records, reports, test results or other data, wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities and discharge locations.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)