Reedley Municipal Code Ch. 2 Private and Public Sewers and Drains

This chapter sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the city of Reedley and enables the city to comply with all applicable state and federal laws, including the clean water act (33 United States Code section 1251 et seq.) and the general pretreatment regulations (40 code of federal regulations part 403). The objectives of this chapter are:

A. To prevent the introduction of pollutants into the POTW that will interfere with its operation;

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

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

D. To promote reuse and recycling of industrial wastewater and sludge from the POTW;

E. To enable the city to comply with its waste discharge requirements (WDR) and national pollutant discharge elimination system (NPDES) permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject.

This chapter shall apply to all users of the POTW. This chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires user reporting. (Ord. 2014-003, 7-22-2014)

Except as otherwise provided herein, the director of public works, shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the director of public works may be delegated by the director of public works to other city personnel. (Ord. 2014-003, 7-22-2014)

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

(Ord. 2014-003, 7-22-2014)

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

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.

APPLICANT: Any person or group of persons who applies for the use of the city's POTW.

APPROVAL AUTHORITY: The state of California regional water quality control board, Central Valley region (RWQCB).

AUTHORIZED REPRESENTATIVE OF THE USER:

A. If the user is a corporation: The president or vice president.

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

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

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 OR BOD: The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty degrees Centigrade (20°C), usually expressed as a concentration (e.g., mg/l).

BUILDING: Any structure erected for the support, shelter, and enclosure of persons, animals, chattels or movable property of any kind.

BUILDING AND PLUMBING CODES: The building and plumbing codes as adopted in section 9-1-1 of this code.

BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (5') outside the inner face of the building wall.

BUILDING SEWER: The extension from the building drain to the public sewer or other place of disposal.

BYPASS: The intentional diversion of waste streams from any portion of an industrial user's pretreatment facility.

CATEGORICAL INDUSTRIAL USER: All industrial users subject to categorical pretreatment standards.

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 (33 USC section 1317) which apply to a specific category of users and which appear in 40 CFR chapter I, subchapter N, parts 405-471.

CESSPOOL: An excavation in the ground which receives the discharge of a drainage system, or part thereof, so designed and constructed as to retain the organic matter and solids discharged therein, but permitting the liquids to seep through the bottom and sides.

• CITY: The city of Reedley.

• CITY ATTORNEY: The city attorney of the city of Reedley.

• CITY CLERK: The city clerk of the city of Reedley.

• CITY COUNCIL: The city council of the city of Reedley.

COMPLIANCE SCHEDULE: The period that is allowed by the city in which an industrial user must comply with its permit conditions or discharge requirements.

COMPOSITE SAMPLE: The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

COUNTY: The county of Fresno or its designated representative.

COUNTY HEALTH OFFICER OR HEALTH OFFICER: The health officer for Fresno County.

DAILY MAXIMUM: The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

DAILY MAXIMUM LIMIT: The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

DIRECTOR OF PUBLIC WORKS: The director of public works for the city of Reedley or his or her representative.

DRAINAGE SYSTEM: Shall mean and include all the piping within public or private premises which conveys sewage, or other liquid wastes, to a point of disposal, but shall not include the mains or laterals of a public sewer system.

ENVIRONMENTAL PROTECTION AGENCY OR EPA: The U.S. environmental protection agency or, where appropriate, the regional water management division director, or other duly authorized official of said agency.

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.

GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

GRAB SAMPLE: A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.

GREASE INTERCEPTOR: A device for retaining grease or oil by gravity differential separation from waste effluent and of a design and capacity approved by the department having jurisdiction.

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

INDUSTRIAL USER OR USER: A source of indirect discharge.

INDUSTRIAL WASTES: The liquid wastes from industrial manufacturing processes, trade or business as distinct from sewage.

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

INTERFERENCE: A discharge, which alone or in conjunction with a discharge or discharges from other sources, both: a) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and b) therefore, is a cause of a violation of the POTW's WDR/NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: section 405 of the clean water 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; the marine protection, research, and sanctuaries act; and 40 CFR 503 (sewage sludge regulations).

LOCAL LIMIT: Any requirement or prohibition against pollutant discharges from any nondomestic user, as established by the city, to address federal, state, and local regulations.

LOT: A single or individual parcel or area of land legally recorded, on which is situated a building together with the yards, courts, and unoccupied spaces legally required for the building and which is owned by or is in the lawful possession of the owner of the building.

MEDICAL WASTE: Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, pharmaceutical wastes, and dialysis wastes.

NATIONAL PRETREATMENT STANDARD: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.

NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.

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 integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

B. 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 has commenced if the owner or operator has:

1. Begun, or caused to begin, as part of a continuous on site construction program:

a. ny placement, assembly, or installation of facilities or equipment; or

b. ignificant 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. ntered 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 subsection C2.

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.

PASS-THROUGH: A discharge which exits the POTW in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's WDR/NPDES permit, including an increase in the magnitude or duration of a violation.

PERMIT: Any written authorization by the director of public works to install or construct sewers or to connect to and discharge to the POTW pursuant to this or any other regulation of the city.

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

pH: A measure of the acidity or alkalinity of a solution, expressed in standard units.

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, turbidity, color, BOD, COD, toxicity, or odor).

PREMISES: Any lot, piece or parcel of land, any building or other structure or any part of any building or structure used or useful for human habitation or gathering or for carrying on a business or occupation.

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

PRETREATMENT FACILITY: Any works or device for the treatment or flow limitation of sewage, liquid waste or industrial waste prior to its discharge into the POTW.

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

PRETREATMENT STANDARDS 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; these prohibitions appear in section 8-2-5-1 of this chapter.

PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow condition normally prevailing in public sewers, with no particle greater than one-half inch (1/2") in any dimension.

PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights, and is controlled by the city of Reedley.

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

REEDLEY MUNICIPAL CODE OR THIS CODE: The municipal code for the city of Reedley.

REGIONAL ADMINISTRATOR: Region IX of the environmental protection agency.

SAND INTERCEPTOR: A device for retaining sand, grit, or other mineral material by gravity differential separation from waste effluent, and of a design and capacity approved by the director of public works.

SANITARY SEWER: A sewer which carries sewage and wastewater, and to which storm, surface, and ground waters are not intentionally admitted.

SEPTIC TANK: A watertight receptacle which receives the discharge of a drainage system or part thereof, designed and constructed so as to retain solids, digest organic matter through a period of detention, and allow the liquids to discharge into the soil outside of the tank through a system of open joint piping, or a seepage pit meeting the requirements of this code.

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

SEWAGE: Human excrement and gray water (household showers, dishwashing operations, etc.).

SEWER: A pipe or conduit for holding and carrying sewage and wastewater, including the manholes and all other appurtenant facilities which are necessary or convenient to the holding or carrying of sewage and wastewater, but shall not include house drain or plumbing within the house.

SEWER SERVICE: The services and facilities for treatment and disposal of sewage furnished or available to premises by the POTW.

SHALL/MAY: "Shall" is mandatory; "may" is permissive.

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) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or

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 treatment plant; 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 a 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 DISCHARGE: Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 8-2-5-1 of this chapter. A slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions.

STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE: A classification pursuant to the "Standard Industrial Classification Manual" issued by the United States office of management and budget.

STANDARD METHODS: The current edition of "Standard Methods For The Examination Of Water And Wastewater", published by the American Public Health Association.

STORM DRAIN (Sometimes Termed STORM SEWER): A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes.

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

SUSPENDED SOLIDS: The total suspended matter that floats on the surface of, or is suspended in water, wastewater, or other liquid, and which is removable by laboratory filtering. This is also called suspended matter in standard methods.

UNSANITARY: A condition which is contrary to sanitary principles or is injurious to health. Conditions to which the word "unsanitary" shall apply include the following, but shall not be limited thereto:

A. The discharge of sewage to the atmosphere or the ground surface without proper treatment.

B. Any opening in a drainage system, except where lawful, which would permit the escape of gases or sewage or would permit persons to make physical contact with the sewage.

C. Faulty septic tanks or drainfields permitting sewage to seep or stand on the surface of the ground.

D. Any connection, cross connection, construction, or condition, temporary or permanent, which would permit or make possible by any means whatsoever for any amount of water or polluted waters to enter a water distribution system used for domestic purposes.

USER OR INDUSTRIAL USER: A source of indirect discharge.

WASTE DISCHARGE REQUIREMENTS OR WDR: Requirements issued to the City by the California Regional Water Quality Control Board for disposal of treated wastewater pursuant to Water Code section 13263.

WASTEWATER: Liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

WASTEWATER TREATMENT PLANT OR TREATMENT PLANT: That portion of the POTW that is designed to provide treatment of Municipal sewage and industrial waste.

WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently. (Ord. 2014-003, 7-22-2014)

A. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City, or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste.

B. It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of said City, any sewage or other polluted water, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

C. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

D. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City, and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sewer of the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred feet (100') of the property line.

E. Septic tank systems which are in existence on the effective date of this chapter, situated within the City, are subject to the following:

For properties not within one hundred feet (100') of a public sewer, connection to public sewer will not be required if the septic tank system is operating in a manner satisfactory to the City Health Department and Director of Public Works. In the event of failure of said system, permits may be issued for replacement of said system or for remedial work thereon. At any time, a property owner may elect to establish a City sewer connection in accordance with section 8-2-4 of this chapter.

For properties within one hundred feet (100') of a public sewer, connection to the public sewer will not be required if the septic tank system is operating in a manner satisfactory to the City Health Department and Director of Public Works. In the event of failure of said system or the public health, welfare and safety require the abandonment of said septic tank system, no permit shall be issued for replacement of said system or for remedial work thereon. In event of such system failure or requirement for abandonment, the property on which said septic tank system is located, shall be connected to the public sewer within ninety (90) days after date of official notice to do so in accordance with the provisions of this section, and the private sewage disposal system cleaned of sludge and filled with sand, gravel or dirt, all at the expense of the owner of said property. (Ord. 2018-009, 1-8-2019)

A. Where a public sewer is not available under the provisions of subsection 8-2-2D of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter.

B. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Director of Public Works. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Director of Public Works. A permit and inspection fee, pursuant to section 8-3-2 of this title, shall be paid to the City at the time the application is filed.

C. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Director of Public Works. He shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the Director of Public Works when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within twenty four (24) hours of the receipt of notice by the Director of Public Works.

D. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the department of public health. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

E. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in subsection 8-2-2D of this chapter, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material, at no expense to the city.

F. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

G. No statement contained in this chapter shall be construed to interfere with any additional requirement that may be imposed by the health officer.

H. After a public sewer becomes available in accordance with the provisions of subsection 8-2-2D of this chapter, the private sewage disposal system shall be allowed to remain in use so long as its operation is satisfactory to the county health department and the director of public works and the health, safety and welfare of the public is not affected by such continued use. In event of failure of said system or the public health, safety and welfare requires the abandonment of said system, no permit shall be issued for replacement of said system or for remedial work thereon, and the owner thereof is required, at his expense, to connect the property served by said private system to the public sewer within ninety (90) days after date of official notice to do so and to clean the sludge from said private system and fill same with sand, gravel or dirt.

I. Any property on which a private sewage disposal system is presently in existence may, as a condition to the issuance of a building permit for construction thereon, the valuation for which exceeds thirty percent (30%) of the estimated market value of existing building improvements thereon, or as a condition to any further development on said property, be required to abandon said disposal system and connect to the public sewer in accordance with provisions of subsection 8-2-2D of this chapter at no expense to the city. (Ord. 2014-003, 7-22-2014)

A. No unauthorized person shall uncover, make any connections with, or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the director of public works.

B. There shall be two (2) classes of building sewer permits: 1) for residential and commercial services, and 2) for service to establishments producing industrial wastes.

C. In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the director of public works. A permit and inspection fee in accordance with section 8-3-2 of this title, shall be paid to the city at the time the application is filed.

D. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

E. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be construed in the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, or as provided in section 8-3-4 of this title.

F. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the director of public works to meet all requirements of this chapter.

G. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing codes, and section 8-3-3 of this title or other applicable rules and regulations of the city. In the absence of code provisions or in the amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF manual of practice no. 9 shall apply.

H. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

I. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

J. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the ASTM and the WPCF manual of practice no. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the director of public works before installation.

K. The applicant for the building sewer permit shall notify the director of public works when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the director of public works, or his representative.

L. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 2014-003, 7-22-2014)

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

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

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

2. Wastewater having a pH less than 5.0, in accordance with 40 CFR 403.5, or otherwise causing corrosive structural damage to the POTW or equipment. In addition, the user must also meet the city's local limit in section 8-2-5-3 of this chapter;

3. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, but in no case solids greater than one-half inch (1/2") in any dimension;

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

5. Wastewater having a temperature greater than one hundred fifty degrees Fahrenheit (150°F) (65°C), or which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the introduction into the POTW treatment plant exceeds one hundred four degrees Fahrenheit (104°F) (40°C);

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

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

8. Trucked or hauled pollutants;

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

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

11. Any radioactive wastes. In the event of an accidental spill of radioactive material into any public sewer, the person responsible shall:

a. Immediately notify the director of public works; and

b. Render such technical or other assistance to the city within its power to prevent the POTW from becoming contaminated with radioactivity.

12. Stormwater, surface water, groundwater, 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 of public works;

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

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

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

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

17. Any dispersed biodegradable oils and fats, such as lard, tallow, or vegetable oil, and any fats, oils, or greases of animal origin in amounts that will cause interference or pass- through in the POTW;

18. Wastewater causing two (2) readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than ten percent (10%) or any single reading over five percent (5%) of the lower explosive limit of the meter.

C. Processing And Storage: 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. (Ord. 2014-003, 7-22-2014)

The categorical pretreatment standards found at 40 CFR chapter I, subchapter N, parts 405-471 are hereby incorporated.

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

B. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the director of public works shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).

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

D. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. (Ord. 2014-003, 7-22-2014)

A. Local Limits: The following pollutant limits are established to protect against pass-through and interference. No person shall discharge wastewater containing in excess of the following daily maximum concentration limits, as determined from the analysis of any grab or composite sample collected:

1. The above limits apply at the point where the wastewater is discharged to the POTW. The director of public works may impose more restrictive limitations, or mass limitations in addition to, or in place of, the concentration based limitations through any industrial user's discharge permit.

2. The above limits may be revised from time to time by the city as may be deemed necessary to protect the POTW from interference and pass-through, or as may be required by the applicable federal, state, or local pretreatment standards.

3. The director of public works may authorize discharges containing higher concentrations on a site specific basis, provided that the concentrations of such discharges shall not cause pass-through or interference. Upon approval by the director of public works, site specific limitations shall be established through the terms specified in the user's wastewater discharge permit. The director of public works may impose mass limitations in addition to, or in place of, concentration based limitations, due to reduced water usage by an industrial user.

B. Slugs And Equalized Discharges: No person shall cause the discharge of slugs of water or wastes. Each person producing a discharge of a slug into the public sewers shall construct and maintain, at his own expense, a suitable storage and flow control facility to ensure the equalization of the discharge over a twenty four (24) hour period. Such facility shall have a capacity of at least eighty percent (80%) of the total normal volume discharged during a twenty four (24) hour production period, unless a smaller size is approved by the director of public works, and the outlet to the sewer shall be equipped with a rate discharge controller or other device approved by the director of public works, the regulation of which shall be directed by the director of public works. (Ord. 2014-003, 7-22-2014)

A. Grease, oil, and sand interceptors shall be provided when, in the opinion of the director of public works, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the director of public works, and shall be located as to be readily and easily accessible for cleaning and inspection. All interceptors are large devices and shall be exterior, in ground installations, provided that as to dischargers at existing locations as of the effective date of this chapter, where it is physically impossible to locate an interceptor at an exterior, in ground location, the director of public works may grant an exception allowing the interceptor to be placed in an approved interior location.

B. Grease, oil, and sand interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be gastight and watertight.

C. Where installed, all grease, oil, and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. It is specifically prohibited to maintain interceptors by bacteriological, chemical, or enzymatic addition or treatment.

D. Wastewater discharge permits may be issued to users of grease, oil, and sand interceptors. Permits shall establish minimum requirements for the design, operation, maintenance, and performance of the equipment. Permits may include other information as described in this chapter.

E. The discharge of waste to a grease, oil, and sand interceptor is subject to all sections of this chapter.

F. Purchase and installation of the interceptor shall be at the user's expense. No exceptions shall be made to the requirements of this section due to expense, size of the installation, or difficulties in locating the interceptor within the site boundary. (Ord. 2014-003, 7-22-2014)

The city reserves the right to establish, by this chapter or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. (Ord. 2014-003, 7-22-2014)

No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The director of public works may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (Ord. 2014-003, 7-22-2014)

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 set out in this chapter within the time limitations specified by EPA, the state, or the director of public works, 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 of public works for review, and shall be acceptable to the director of public works before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this chapter. (Ord. 2014-003, 7-22-2014)

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

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

C. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (Ord. 2014-003, 7-22-2014)

When required by the director of public works, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with the plans approved by the director of public works and said manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible to the city at all times. (Ord. 2014-003, 7-22-2014)

Sampling for any analytical requirements of this chapter shall be in accordance with the following:

A. Except as indicated in subsection B of this section, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the director of public works may authorize the use of time proportional sampling or through a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

B. Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides, and volatile organic chemicals must be obtained using grab collection techniques.

C. The director of public works may use a grab sample(s) to determine noncompliance with pretreatment standards.

D. All laboratory analyses of the characteristics of water and wastes shall be determined in accordance with 40 CFR 136, as described in sections 8-2-8-1 and 8-2-8-2 of this chapter, and shall be determined at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

E. The director of public works shall have reasonable access onto the industrial user's property to collect samples and perform tests as defined in section 8-2-9-1 of this chapter.

F. Periodic measurements of flow rates, flow volumes, BOD and suspended solids for use in determining the monthly industrial wastewater treatment service charge and such measurements of other constituents believed necessary by the director of public works shall be made by all industrial users, unless specifically relieved of such obligation by the director of public works.

G. All such sampling, analyses and flow measurements of industrial wastewaters shall be performed by a state certified independent laboratory, by a laboratory of an industrial user approved by the director of public works or by personnel of the city. Prior to submittal to the director of public works of data developed in the laboratory of an industrial user, the results shall be verified by a responsible administrative official of the industrial user under the penalty of perjury.

H. All users making periodic measurements shall furnish and install at the control manholes or other appropriate location a calibrated flume, weir, flow meter or similar device approved by the director of public works and suitable to measure the industrial wastewater flow rate and total volume. A flow indicating, recording and totalizing register may be required by the director of public works. In lieu of wastewater flow measurement, the director of public works may accept records of water usage and adjust the flow volumes by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharge.

I. The minimum requirement for self-monitoring shall be at least two (2) times per year for significant industrial users, whether or not they are subject to national categorical standards.

J. Industrial users with large fluctuations in quantity or quality of wastewater may be required to provide continuous sampling and analyses for every day of operation. When required by the director of public works, users shall install and maintain automatic flow proportional sampling equipment and/or automatic analysis and recording equipment, approved by the director of public works. (Ord. 2014-003, 7-22-2014)

A. Any discharger using bulk salt (greater than 100 pounds per day) for product preparation and/or ancillary plant operations (such as water softeners for boilers) or other chemicals that contribute salinity to the discharge, shall implement and submit to the director of public works a salinity control plan by the effective date of this chapter. The salinity control plan shall use best management practices to reduce the electrical conductivity discharges below the maximum concentration limitation provided in section 8-2-5-3 of this chapter. The salinity control plan shall contain the following items, at a minimum:

1. Determinations or best estimates of the identities and approximate quantities of salts used and discharged;

2. Descriptions of the major salting operations and locations of potential salt release points on site drawing;

• 3. A spill prevention, control and countermeasures (SPCC) plan;
• 4. A description of the methods of salt waste removal and disposal;
• 5. A description of the employee training program for salinity control; and

6. Identification of the person responsible for implementation of the salinity control plan.

B. The salinity control plan shall be implemented and submitted to the director of public works by the effective date of this chapter, and endorsed by industry officials.

C. The salinity control plan shall be updated by the discharger during renewal of the wastewater discharge permit.

D. In the case of any accidental slug or batch discharge of salt wastes that causes the discharger's wastewater electrical conductivity to exceed the maximum concentration limitation provided in section 8-2-5-3 of this chapter, the discharger shall immediately notify the director of public works of such discharge and submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the discharger to prevent similar future occurrences, in accordance with section 8-2-8-4 of this chapter. (Ord. 2014-003, 7-22-2014)

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

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

B. Description of stored chemicals;

C. Procedures for immediately notifying the director of public works of any accidental or slug discharge, as required by section 8-2-8-4 of this chapter; and

D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. (Ord. 2014-003, 7-22-2014)

When requested by the director of public works, all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The director of public works is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this chapter. (Ord. 2014-003, 7-22-2014)

When requested by the director of public works, a user must submit information on the nature and characteristics of its wastewater within ninety (90) days of the request. The director of public works is authorized to prepare a form for this purpose and may periodically require users to update this information. (Ord. 2014-003, 7-22-2014)

A. No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the director of public works, except that a significant industrial user that has filed a timely application pursuant to section 8-2-7-2 of this chapter may continue to discharge for the time period specified therein.

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

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

D. The director of public works shall have the authority to deny or condition new or increased contributions of pollutants or changes in the nature of pollutants to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the city to violate its waste discharge requirements. (Ord. 2014-003, 7-22-2014)

Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the director of public works for a wastewater discharge permit in accordance with this chapter, and shall not cause or allow discharge to the POTW to continue after one hundred eighty (180) days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the director of public works. (Ord. 2014-003, 7-22-2014)

Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with this chapter, must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence. (Ord. 2014-003, 7-22-2014)

Industrial wastewater discharge permits shall be issued under the following categories as determined by the director of public works after review of the permit application as described in section 8-2-7-5 of this chapter. The director of public works may determine, upon review of the permit application, that no permit is required for certain small industries and commercial users.

A. Significant industrial user (SIU) permits (category 1 dischargers). SIU permits shall be issued to those industries which are determined by the director of public works to be significant industrial users (SIUs) as defined in section 8-2-1-4 of this chapter.

1. The director of public works may require other users to obtain an SIU permit as necessary to carry out the purposes of this chapter.

B. General industrial/commercial user permits (category 2 dischargers). General industrial/commercial user permits shall be issued to certain small industries and some commercial users whose individual discharges do not significantly impact the POTW, degrade wastewater quality, or contaminate sludge. Industries that have the potential to discharge a nondomestic or process waste stream, but at the present time discharge only sanitary waste, may also be included in this group. (Ord. 2014-003, 7-22-2014)

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

A. All information required by section 8-2-8 of this chapter, if applicable;

B. Description of all activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

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

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

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

F. 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;

G. Time and duration of discharges; and

H. Any other information as may be deemed necessary by the director of public works to evaluate the wastewater discharge permit application.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (Ord. 2014-003, 7-22-2014)

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 gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

(Ord. 2014-003, 7-22-2014)

The director of public works will evaluate the data furnished by the user and may require additional information. Within sixty (60) days of receipt of a complete wastewater discharge permit application, the director of public works will determine whether or not to issue a wastewater discharge permit. The director of public works may deny any application for a wastewater discharge permit. (Ord. 2014-003, 7-22-2014)

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. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the director of public works. Each wastewater discharge permit will indicate a specific date upon which it will expire. (Ord. 2014-003, 7-22-2014)

A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the director of public works 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.

A. Wastewater discharge permits must contain:

1. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years;

2. A statement that the wastewater discharge permit is nontransferable in accordance with section 8-2-7-12 of this chapter;

3. Effluent limits based on applicable pretreatment standards in federal, state, and local law;

4. Self-monitoring, sampling, reporting, notification, and recordkeeping 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;

5. 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;

6. Requirements to control slug discharge, if determined by the director of public works to be necessary.

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

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

2. 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;

3. 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;

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

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

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

7. 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;

8. Other conditions as deemed appropriate by the director of public works to ensure compliance with this chapter, and state and federal laws, rules, and regulations;

9. Limits on the instantaneous, daily, and monthly average and/or maximum concentration, mass or other measure of identified wastewater pollutants or properties;

10. Calibration frequency requirements for all devices used to measure wastewater flow and quality;

11. The compliance schedules that are required for the permittee's facilities;

12. The analyses of the wastewater discharges from the permittee's facilities that are to be established by the director of public works and are to be performed, as a part of the permittee's compliance effort, by a laboratory that is approved by the director of public works;

13. The requirements for maintaining, and for affording the director of public works access to, the records of the permittee's facilities that relate to its wastewater discharges;

14. The requirements for notification of the director of public works of any introduction of new constituents or any substantial change in the volume or character of the existing constituents of the wastewater discharges from the permittee's facilities;

15. The requirements for the notification of the director of public works of slug, upset or bypass discharges from the permittee's facilities;

16. The requirement that an amended application must be filed within ten (10) working days after any condition that is contained in the original application is changed. (Ord. 2014-003, 7-22-2014)

The director of public works shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the director of public works to reconsider the terms of a wastewater discharge permit within sixty (60) days of notice of its issuance.

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

B. In its petition, the appealing party must 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.

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

D. If the director of public works fails to act within ninety (90) days, a request for reconsideration shall be deemed to be 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.

E. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Fresno County superior court within sixty (60) calendar days. (Ord. 2014-003, 7-22-2014)

The director of public works may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

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

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

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

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

E. Violation of any terms or conditions of the wastewater discharge permit;

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

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

H. To correct typographical or other errors in the wastewater discharge permit. (Ord. 2014-003, 7-22-2014)

Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, a new or changed operation, or remodel of an existing facility which is retained by the current owner. (Ord. 2014-003, 7-22-2014)

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

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

2. Failure to provide prior notification to the director of public works of changed conditions pursuant to section 8-2-8-3 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 of public works 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.

B. 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. (Ord. 2014-003, 7-22-2014)

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with section 8-2-7-5 of this chapter, a minimum of sixty (60) days prior to the expiration of the user's existing wastewater discharge permit. (Ord. 2014-003, 7-22-2014)

A. Baseline Monitoring Reports: 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 40 CFR 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 the POTW shall be required to submit to the director of public works a report which contains the information listed in subsections A1 through A7 of this section. If reports containing this information already have been submitted to the RWQCB or the regional administrator in compliance with the requirement of 40 CFR 128.140(b) (1977), the industrial user shall not be required to submit this information again. However, the industrial user shall provide the director of public works with a copy of such report along with written verification from the RWQCB that such report items have been received by the RWQCB. 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 city a report which contains the information listed in subsections A1 through A5 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 A4 and A5 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 40 CFR 403.6(e). (See subsection A5 of this section.) The director of public works 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 director of public works) 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.

c. The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this subsection A5.

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 40 CFR 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 40 CFR 403.6(e) this adjusted limit along with the supporting data shall be submitted to the director of public works.

e. The director of public works 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.

f. 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: The user shall submit a statement, reviewed by an authorized representative of the industrial user 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&M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.

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

a. Where the industrial user's categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined waste stream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) at the time the user submits the report required by subsection B of this section, the information required by subsection A6 of this section and this subsection A7 shall pertain to the modified limits.

b. If the categorical pretreatment standards are modified by a removal allowance (40 CFR 403.7), the combined waste stream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) after the user submits the report required by this subsection A, any necessary amendment to the information requested by subsection A6 of this section and this subsection A7 shall be submitted by the user to the director of public works within sixty (60) days after the modified limit is approved.

8. Signatures And Certification Required: All baseline monitoring reports must be signed and certified in accordance with section 8-2-7-6 of this chapter.

B. Compliance Schedule For Meeting Categorical Pretreatment Standards: The following conditions apply to the compliance schedule required by subsection A7 of this section:

1. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable categorical pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation, etc.).

2. No increment referred to above 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 director of public works 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 director of public works.

C. Report On Compliance With Categorical Pretreatment Standard Deadline:

1. 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 director of public works a report containing the information described in subsections A4 through A6 of this section.

2. For industrial users subject to equivalent mass or concentration limits established by the city in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long term production rate.

3. 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.

4. All compliance reports must be signed and certified in accordance with section 8-2-7-6 of this chapter.

D. Periodic Reports On Continued Compliance:

1. Any industrial user subject to a categorical pretreatment standard, 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 director of public works during the months of June and December of each year, unless required more frequently in the pretreatment standard or by the director of public works 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 A4 of this section except that the director of public works may require more detailed reporting of flows. At the discretion of the director of public works and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the director of public works may agree to alter the months during which above reports are to be submitted.

2. Where the director of public works has imposed mass limitations on industrial users as provided for by 40 CFR 403.6(d), the report required by subsection D1 of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.

3. For industrial users subject to equivalent mass or concentration limits established by the city in accordance with 40 CFR 403.6(c), the report required by subsection D1 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 D1 of this section shall include the user's actual average production rate for the reporting period.

4. All compliance reports must be signed and certified in accordance with section 8-2-7-6 of this chapter. (Ord. 2014-003, 7-22-2014)

The director of public works shall require appropriate reporting from those significant industrial users with discharges that are not subject to categorical pretreatment standards. Significant noncategorical industrial users shall submit to the director of public works at least once every six (6) months (on dates specified by the director of public works) a description of the nature, concentration, and flow of the pollutants required to be reported by the director of public works. (Ord. 2014-003, 7-22-2014)

Each user must notify the director of public works of any planned significant changes to the user's operations or system which might alter the structure or the nature, quality, or volume of its wastewater at least ninety (90) days before the change.

A. The director of public works may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 8-2-7-5 of this chapter.

B. The director of public works may issue a wastewater discharge permit under section 8-2-7-7 of this chapter or modify an existing wastewater discharge permit under section 8-2-7-11 of this chapter in response to changed conditions or anticipated changed conditions.

C. For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent (20%) or greater, and the discharge of any previously unreported pollutants. (Ord. 2014-003, 7-22-2014)

A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load that may cause potential problems for the POTW, the user shall immediately telephone and notify the director of public works of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

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

C. Failure to notify the director of public works of potential problem discharges shall be deemed a separate violation of this chapter.

D. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection A of this section. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. (Ord. 2014-003, 7-22-2014)

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the director of public works as the director of public works may require. (Ord. 2014-003, 7-22-2014)

If sampling performed by a user indicates a violation, the user must notify the director of public works 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 director of public works within thirty (30) days after becoming aware of the violation. Where the director of public works has performed the sampling and analysis in lieu of the industrial user, the director of public works 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 director of public works monitors at the user's facility at least once a month; or

B. The director of public works samples between the time when the initial sampling was conducted and the time when the user or the director of public works receives the results of this sampling. (Ord. 2014-003, 7-22-2014)

A. Any user who commences the discharge of hazardous waste 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 or California code of regulations title 22, chapter 11, section 66261.1 et seq. 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 user discharges more than ten (10) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user:

1. An identification of the hazardous constituents contained in the wastes;

2. An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and

3. 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 no later than ten (10) days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under section 8-2-8-3 of this chapter. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of section 8-2-8-1 of this chapter.

B. All notifications must take place no later than ten (10) days after the discharge commences. Any notification under this subsection needs to be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under section 8-2-8-3 of this chapter. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of section 8-2-8-1 of this chapter.

C. 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 user must notify the director of public works, the EPA regional waste management waste division director, and state hazardous waste authorities of the discharge of such substance within thirty (30) days of the effective date of such regulations.

D. 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 generated to the degree it has determined to be economically practical.

E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law. (Ord. 2014-003, 7-22-2014)

Any industrial user not in compliance with this chapter or any discharge limitations shall abide by the provisions of a compliance schedule developed by the director of public works.

The director of public works may require: a) the development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and requirements; and b) the submission of all notices and self- monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements, including, but not limited to, the reports required in section 8-2-8-1 of this chapter. (Ord. 2014-003, 7-22-2014)

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States postal service, the date of receipt of the report shall govern. (Ord. 2014-003, 7-22-2014)

All reports shall be signed and certified as described in section 8-2-7-6 of this chapter. (Ord. 2014-003, 7-22-2014)

Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user and the city, or where the user has been specifically notified of a longer retention period by the director of public works. (Ord. 2014-003, 7-22-2014)

A. The reports required by this chapter shall contain the results of sampling. This sampling and analysis may be performed by the director of public works in lieu of the industrial user. Where the director of public works 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 section 8-2-7-6 of this chapter. In addition, where the director of public works itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.

B. The reports required by this chapter 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 director of public works 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 director of public works. Where time proportional composite sampling or grab sampling is authorized by the director of public works, 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 director of public works, as appropriate.

C. For sampling required in support of baseline monitoring and ninety (90) day compliance reports required in subsection 8-2-8-1A of this chapter (40 CFR 403.12(b) and (d)), 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 director of public works may authorize a lower minimum. For the reports required by subsection 8-2-8-1D and section 8-2-8-2 of this chapter (40 CFR 403.12(e) and 403.12(h)), the director of public works shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.

D. All analyses shall be performed in accordance with the techniques described in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, or where the regional administrator determines that the 40 CFR 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 suggested by the POTW or other persons, approved by the regional administrator.

E. If the industrial user monitors any regulated pollutant at the appropriate sampling location more frequently than required by the director of public works, using the procedures prescribed in this section, the results of this monitoring shall be included in the report. (Ord. 2014-003, 7-22-2014)

The director of public works 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 of public works 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.

A. 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 of public works will be permitted to enter without delay for the purposes of performing specific responsibilities.

B. The director of public works 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.

C. The director of public works 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 to ensure their accuracy, according to the frequency required in the user's permit.

D. 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 of public works and shall not be replaced. The costs of clearing such access shall be born by the user.

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

F. The aforesaid officers and their authorized agents shall have the right of entry during usual business hours and at any time when, upon reasonable cause, they believe there is an immediate hazard to life, health, or property, to inspect any and all buildings and premises in the performance of their duties. The aforesaid officers and their authorized agents shall have the right to take independent samples of any discharge from any industrial user to determine compliance with this chapter. (Ord. 2014-003, 7-22-2014)

If the director of public works 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 of public works may seek issuance of a search warrant from the Fresno County superior court. (Ord. 2014-003, 7-22-2014)

Confidential information is information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the director of public works' inspection and sampling activities, and shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the director of public works, 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 NPDES 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. 2014-003, 7-22-2014)

The director of public works shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall mean:

A. "Chronic violations of wastewater discharge limits", defined herein as those in which sixty six percent (66%) or more of all of the 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 by section 8-2-1-4 of this chapter;

B. "Technical review criteria (TRC) violations", defined herein as those in which thirty three percent (33%) or more of all of the wastewater measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits as defined by section 8-2-1-4 of this chapter multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

C. Any other discharge violation of a pretreatment standard or requirement as defined by section 8-2-1-4 of this chapter (daily maximum, long term average, instantaneous limit, or narrative standard) 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;

D. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the director of public works' exercise of its emergency authority to halt or prevent such a discharge;

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

F. Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

G. Failure to accurately report noncompliance; or

H. Any other violation(s) which the director of public works determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 2014-003, 7-22-2014)

When the director of public works 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 of public works may serve upon that user a written notice of violation. Within ten (10) 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 of public works. 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 of public works to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 2014-003, 7-22-2014)

The director of public works may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to sections 8-2-12-4 and 8-2-12-5 of this chapter and shall be judicially enforceable. (Ord. 2014-003, 7-22-2014)

The director of public works may order a user which 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, to appear before the director of public works and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fifteen (15) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 2014-003, 7-22-2014)

When the director of public works 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 of public works 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. (Ord. 2014-003, 7-22-2014)

When the director of public works 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, or that the user's past violations are likely to recur, the director of public works may issue an order to the user directing it to cease and desist all such violations and directing the user to:

A. Immediately comply with all requirements; and

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

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2014-003, 7-22-2014)

A. When the director of public works 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 of public works may fine such user in an amount not to exceed:

1. Two thousand dollars ($2,000.00) per day for failing or refusing to furnish technical or monitoring reports;

2. Three thousand dollars ($3,000.00) per day for failing or refusing to timely comply with any compliance schedule established by the city;

3. Five thousand dollars ($5,000.00) per day for discharges in violation of any wastes discharge limitation, permit condition, or requirement issued, reissued or adopted by the city; and

4. Ten dollars ($10.00) per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the city.

B. Unpaid charges, fines, and penalties shall, after sixty (60) calendar days, be assessed an additional penalty of twenty five percent (25%) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (1%) per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.

C. Users desiring to dispute such fines must file a written request for the director of public works to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the director of public works may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The director of public works may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2014-003, 7-22-2014)

Any person affected by any decision, action, or determination by the director of public works, interpreting or implementing the provisions of this chapter, including, without limitations, the provisions of this chapter, or any industrial wastewater discharge permit issued hereunder by the director of public works, excepting therefrom any decision, action, or determination of the director of public works to pursue either criminal penalties or civil judicial enforcement, may file with the city clerk, within ten (10) days of the date of service of such decision, action or determination, a notice of appeal to the city council appealing such decision, action or determination by the director of public works. The notice of appeal shall set forth in detail all facts supporting the industrial user's appeal of the decision of the director of public works. The filing of the notice of appeal shall stay all further action required under any notice of violation or cease and desist orders and accumulation of interest upon penalties thereon, pending final decision by the city council on the appeal; provided, however, that nothing stated herein shall limit the authority of the director of public works to take such action or to make such directives as the director of public works deems necessary to stop or prevent an ongoing or threatened violation of any of the provisions of this chapter, including actions or directives to prevent or stop threatened damage to the POTW, pass-through, or threatened harm to the health or safety of the public. Such action shall include, without limitation, continuing to physically block the industrial user's access to the sewer until the appeal is heard and decided by the city council. (Ord. 2014-003, 7-22-2014)

The director of public works 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 of public works 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.

A. 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 of public works 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 of public works may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the director of public works that the period of endangerment has passed, unless the termination proceedings in section 8-2-12-9 of this chapter are initiated against the user.

B. 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 of public works prior to the date of any show cause or termination hearing under sections 8-2-12-3 and 8-2-12-9 of this chapter.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. 2014-003, 7-22-2014)

In addition to the provisions in section 8-2-7-13 of this chapter, any user who violates the following conditions is subject to discharge termination:

A. Violation of wastewater discharge permit conditions;

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

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

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

E. Violation of the pretreatment standards in sections 8-2-5-1, 8-2-5-2, and 8-2-5-3 of this chapter.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 8-2-12-3 of this chapter why a proposed action should not be taken. Exercise of this option by the director of public works shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 2014-003, 7-22-2014)

When the director of public works 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 of public works may petition the Fresno County superior court through the city's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The director of public works 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. (Ord. 2014-003, 7-22-2014)

A. A user who 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 shall be liable to the city for a maximum civil penalty of twenty five thousand dollars ($25,000.00) per violation, per day. 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.

B. The director of public works 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.

C. 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.

D. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal, but no liability shall be recoverable under this section of any violation for which liability is recovered under administrative actions/remedies. (Ord. 2014-003, 7-22-2014)

A. A user who wilfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by fine and/or imprisonment as provided by the Penal Code regarding misdemeanors.

B. A user who wilfully or negligently introduces any substances into the POTW which causes personal injury or property damage or which causes the city's POTW to violate any effluent limitation or condition in a permit issued to the POTW, shall, upon conviction, be guilty of a misdemeanor and be punishable by fine and/or imprisonment as provided by the Penal Code regarding misdemeanors. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

C. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, 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 punishable by fine and/or imprisonment as provided by the Penal Code regarding misdemeanors.

D. In the event of a second conviction, a user shall be punishable by fine and/or imprisonment as provided by the Penal Code regarding misdemeanors. (Ord. 2014-003, 7-22-2014)

The remedies provided for in this chapter are not exclusive. The director of public works 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 of public works may take other action against any user when the circumstances warrant. Further, the director of public works is empowered to take more than one enforcement action against any noncompliant user. (Ord. 2014-003, 7-22-2014)

A. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards 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.

B. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection C of this section, are met.

C. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

1. An upset occurred and the user can identify the cause(s) of the upset;

2. The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and

3. The user has submitted the following information to the director of public works within twenty four (24) hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five (5) days:

a. A description of the indirect discharge and cause of noncompliance;

b. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

D. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

E. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

F. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (Ord. 2014-003, 7-22-2014)

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in subsection 8-2-5-1A of this chapter or the specific prohibitions in subsection 8-2-5-1B of this chapter, with the exception of subsection B1, B2, or B8, if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:

A. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass-through or interference; or

B. No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its WDR/NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (Ord. 2014-003, 7-22-2014)

A. Definitions: For the purposes of this section:

BYPASS: The definition provided in section 8-2-1-4 of this chapter.

SEVERE PROPERTY DAMAGE: Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

B. Allowable Bypass: A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections C and D of this section.

C. Notice Requirements:

1. If a user knows in advance of the need for a bypass, it shall submit prior notice to the director of public works, at least ten (10) days before the date of the bypass, if possible.

2. A user shall submit oral notice to the director of public works of an unanticipated bypass that exceeds applicable pretreatment standards within twenty four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The director of public works may waive the written report on a case by case basis if the oral report has been received within twenty four (24) hours.

D. Prohibited Bypass:

1. Bypass is prohibited, and the director of public works may take an enforcement action against a user for a bypass, unless:

a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

c. The user submitted notices as required under subsection C of this section.

2. The director of public works may approve an anticipated bypass, after considering its adverse effects, if the director of public works determines that it will meet the three (3) conditions listed in subsection D1 of this section. (Ord. 2014-003, 7-22-2014)

In addition to any other remedy provided by law or in equity, including revocation of permits or permanent disconnection, violation of any provisions of this chapter or order issued hereunder, an industrial wastewater discharge permit, or any other pretreatment standard or requirement of the city, the continued operation of any facility in violation of this chapter is hereby determined and declared to be a public nuisance and may be abated and enjoined pursuant to state law. The city may cause proceedings to be brought for the abatement and may recover reasonable attorney fees, court costs and other expenses associated with such action. (Ord. 2014-003, 7-22-2014)

The city may adopt reasonable fees for reimbursement of costs of setting up and operating the city's pretreatment program which may include:

A. Fees for wastewater discharge permit applications including the cost of processing such applications;

B. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;

C. Fees for reviewing and responding to accidental discharge procedures and construction;

D. Fees for filing appeals; and

E. Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the city. (Ord. 2014-003, 7-22-2014)

This chapter shall be in full force and effect immediately following its passage, approval, and publication, as provided by law. (Ord. 2014-003, 7-22-2014)

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is held to be unconstitutional or invalid or ineffective by any court or tribunal of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter, or any part thereof. (Ord. 2014-003, 7-22-2014)