Riverside Municipal Code Div. III Industrial Waste

Any user who discharges industrial wastewater to the POTW shall keep domestic wastewater separate from all industrial wastewater until the industrial wastewater has passed through all required pretreatment equipment or devices, or the user's industrial wastewater sample point(s). For existing categorical industrial users which cannot separate the domestic wastes from the industrial wastes prior to a permitted sampling point, the combined waste stream formula shall be applied to determine applicable discharge limitations.

(Ord. 7032 §2, 2009; Ord. 6637 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

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.

Except as provided herein, no person or user shall discharge or cause to be discharged any of the following to the POTW or City sewer system:

A. Any earth, sand, silt, rocks, ashes, cinders, spent lime, stone, stone cutting dust, carbon fines, ion-exchange resin fines, gravel, plaster, concrete, glass, metal filings, metal or plastic objects, garbage, grease, viscera, paunch manure, medical waste, bones, hair, hides, or fleshings, whole blood, feathers, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, tar, asphalt residues, residues from refining or processing fuel or lubrication oil and similar substances, other pollutant, or solid, semi-solid or viscous material in quantities or volume which may obstruct, either partially or completely, the flow of sewage in the collection system or any object which may cause the blockage, either partially or completely, of a sewer or sewage lift pump, or interfere with the normal operation of the POTW. 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, City sewer and/or a storm drain system.

B. Any compound which will produce noxious odors in the sewer or wastewater treatment facilities.

C. Any portions of human or animal anatomy whether whole, part, or ground.

D. Any solids, liquids, gases, devices, or explosives which by their very nature or quantity are or may be, sufficient either alone or by interaction with other substances or sewage to cause fire or explosion hazards, exceed ten percent of the LEL at the point of discharge or in the collection system, or cause gases, vapors, or fumes, or in any other way create imminent danger to the City's wastewater personnel or POTW, the environment or public health. Pollutants which create a fire or explosive hazards in the POTW or sewer lines, including, but not limited to, wastestreams or material with a closed cup flash point of less than 140 degrees Fahrenheit or 60 degrees Celsius using the test methods specified in 40 CFR 261.21.

E. Any pollutant, including oxygen demanding pollutants (BOD, COD, etc.), released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.1.

F. Any overflow from a septic tank, facility wastewater holding tank, cesspool or seepage pit, or any liquid or sludge pumped from a septic tank, facility wastewater holding tank, recreational vehicle, cesspool or seepage pit, except as permitted by the Director.

G. Any discharge from the wastewater holding tank of a recreational vehicle, trailer, bus and other vehicle, except as may be permitted by the Director.

H. Any storm water, groundwater, street drainage, subsurface drainage, yard drainage or runoff from any field, roof, yard, driveway or street. The Director may approve, on a temporary basis, the discharge of such water only when no reasonable alternative method of discharge is available.

I. Any substance or heat in amounts that will inhibit biological activity in the City's POTW resulting in interference or which will cause the temperature of the sewage in any public sewer to be higher than 140 degrees Fahrenheit. In no case shall any substance or heat be discharged to the sewer that will raise the treatment plant's influent higher than 104 degrees Fahrenheit (40 degrees Celsius).

J. Any radioactive waste in excess of federal, state or county regulations.

K. Any material or quantity of material that will cause:

1. Damage to any part of the POTW;

2. Abnormal maintenance of the POTW;

3. An increase in the operational costs of the POTW;

4. A nuisance or menace to public health or pollutants which result in the presence of gases, vapors, or fumes within the POTW or City sewer system in a quantity that may cause acute worker health and safety problems;

5. Interference or pass through in the treatment plant, its treatment processes, operations, sludge processes, use or disposal;

6. A violation of the NPDES permit;

7. Excessive foaming in the POTW; or,

8. Will cause any obstruction to the flow in the POTW or City sewer system.

L. Any quantities of herbicides, algaecides, or pesticides that could cause interference or pass-through at the treatment plant or interfere with the City's biosolids reclamation or pose any danger to City employees.

M. Any petroleum oil, non-biodegradable cutting oil, or mineral oil derived products exceeding City's local limits or will cause interference or pass through.

N. Any material or quantity of material(s) which may cause abnormal sulfide generation.

O. Any water or wastewater used for the purpose of diluting wastewaters that may otherwise exceed applicable permitted discharge limitations.

P. Any wastewater having a corrosive property capable of causing damage to the POTW, City sewer or storm drain system, equipment, or structures, or harm to POTW personnel. However, in no case shall wastewater be discharged to the City's POTW with a pH below 5.0, or greater than 11.5, or which changes treatment plant influent pH to above 8.0 or below 6.5, or which would otherwise be considered hazardous.

Q. Any substance that will cause discoloration of the POTW's effluent.

R. Any unauthorized unpolluted water, including cooling water, heating water, storm water, subsurface water, single pass cooling water, deionized water and single pass heating water. The Director may approve the discharge of such water only when no reasonable alternative method of discharge is available. The user shall pay all applicable user charges and fees.

S. Any substance which may cause the POTW's effluent or any other product such as residues, sludge, or scums to be unsuitable for reclamation or reuse or which will interfere with any of the reclamation processes. This includes any material which will cause the sludge at the POTW to violate sludge use or disposal regulations developed under the Federal Clean Water Act, 33 USCA, Section 1251 et seq., or any regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, 42 USCA, Section 6901, et seq.; Clean Air Act, 42 USCA, Section 7401, et seq.; Toxic Substance Control Act, 15 USCA, Section 2601, et seq., or any other applicable state regulations.

T. Any hazardous substance which violates the objectives of the 40 CFR 403 General Pretreatment Regulations, this chapter, or any statute, rule, regulation or chapter of any public agency having jurisdiction over the discharge.

U. Any material in excess of the quantities established by resolution.

V. Any discharge from a material processing tank or vessel. These shall include, but not be limited to, all wash tanks, chemical conversion tanks, acid and alkali tanks, lubricating tanks, condensate water from dry cleaning equipment, fruit and vegetable wash and treatment tanks, and any other tank or vessel containing a material which would not meet the pollutant discharge limitations. Tanks must be 50 feet from the perimeter of the property if they contain any volatile or flammable chemicals.

W. Any radiator fluid or coolant, cutting oil, water soluble cutting oil, or water-based solvent.

X. Any photo processing waste from developing or fixing solutions not in compliance with local limits or industrial user group permits.

Y. Any pharmaceutical waste except those liquids containing only saline solutions, lactate, nutrients such as glucose (e.g., D5W), vitamins, and added salts such as potassium and/or other electrolytes.

Z. Any trucked or hauled pollutants, except at discharge points designated by the Director in accordance with this ordinance.

(Ord. 7551 §22, 2021; Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6637 §2 (part), 2002)

Discharges from swimming pools, wading pools, spas, whirlpools, therapeutic pools and landscape ponds shall be discharged to the following locations in compliance with this chapter and under the following conditions:

1. Surface discharge and/or storm drain, requiring that the chlorine residual is less than 0.1 mg/L. Owner can infiltrate discharged pool water on own property as long as it does not negatively impact neighboring properties and does not cause pollutants to enter a street, gutter or storm drain, or cause a public safety concern or public nuisance.

2. User shall first obtain permission from the City prior to discharging any of these waters to the City's sanitary sewer. Permission may be granted by the Director if the discharge will not cause a hydraulic overload condition in the area's sewer lines.

3. Pumped out and hauled off to a legal treatment and/or disposal site if the water is found to have hazardous levels of chemicals, elements, or materials.

(Ord. 7551 §23, 2021; Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6637 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

No person shall discharge industrial wastewater to the POTW unless the wastewater conforms to this chapter. Discharge limitations shall be revised and adopted by resolution of the City Council as necessary to ensure the POTW's compliance with the NPDES permit. For Categorical industrial users, a BMR must be conducted as per requirements of the 40 CFR 403.12(b). For categorical industrial users, the City may exercise one or more of the following options:

A. Where a categorical pretreatment standard is expressed in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 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 shall impose an alternate limit using the combined wastestream formula; and

C. A variance from a categorical pretreatment standard may be issued 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 the EPA when developing the categorical pretreatment standard.

(Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6637 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

A. The Director shall develop and implement specific prohibitions, pollutant limitations, pollutant parameters and best management practices (BMPs) ("local limits"). These local limits are necessary to assure compliance with the City's NPDES permit, including preventing pass through, interference, or impacts to biosolids reclamation or reuse. These local limits may be continually developed as necessary and adopted by resolution after public notice to affected persons or users.

B. The local limits may be allocated among industrial user classes or individual users as uniform concentration limits, or as the ratio of the total mass per user, or as a selected industry reduction, or by such other method considering factors such as persistence of the pollutant, equity, treatment feasibility, economic feasibility, and economics of scale, pollution prevention and waste minimization measures, anticipated growth and enforcement feasibility.

C. User-specific allocations at current loadings may be created for public health facilities which provide a lifesaving service or procedure, so long as the pollutant discharged would not contribute to pass-through, interference or other violation of the City's NPDES permit.

D. Pollutant allocations may be granted to Class III or Class V users on a case-by-case basis based upon the POTW's excess treatment capacity for the pollutant requested. These limits shall be based upon the pounds of pollutant(s) discharged and the impacts on the treatment capabilities of the POTW. If the permit is issued for more than one year, a pollutant review will take place annually to determine the POTW's excess treatment capacity for those permitted pollutants. A review may be conducted at any time if the Director finds that the Permittee's wastewater discharge has adversely affected the POTW, has caused a rise in that pollutant of more than 20 percent, or has caused interference, pass through, or violations of the POTW's NPDES permit.

E. When categorical pretreatment standards are expressed only in terms of pollutant concentrations, a categorical industrial user may request that the City convert the concentration limits to an equivalent mass limits. To be eligible for equivalent mass limits, the categorical industrial user must comply with the requirements in 40 CFR Part 403.6(c)(5)(i-iv).

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

G. Local limits adopted by resolution of the City Council are pollutant limits for discharges to the POTW established to protect against pass through and interference. No person shall discharge wastewater containing pollutants in excess of the local limits adopted by City Resolution.

(Ord. 7551 §24, 2021; Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6637 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

Any user whose industrial wastewater discharge is less than 100 gallons per day and is not regulated by a federal categorical pretreatment standard or industrial user group permit may be classified in the Director's discretion as a De Minimis user and shall not be subject to permitting standards or local limits provided that such industrial wastewater discharge is not a hazardous substance, does not contribute to interference or pass through violations at the POTW or violations of the NPDES permit, and does not cause detrimental effects or damage to the POTW, or cause a threat of harm to City personnel, the public, or the environment. De Minimis user status shall terminate upon violation of this section, or upon written notice to such discharger of Director's determination that such discharger no longer satisfies the criteria of this section. Industries that discharge greater than 100 gallons per day may qualify under a Wastewater Discharge Authorization Certificate (WDAC).

(Ord. 7551 §25, 2021; Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6637 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

A. The Director, or designated staff person, may inspect any dental industrial user (DIU) facility to ascertain whether the requirements of this chapter, EPA, and State agencies are being met. Persons on the premises shall allow the Director ready access at all reasonable times to all parts of the premises for the purpose of inspection, photography or electronic image recording, sampling, and records examination, equipment (including monitoring and pollution control equipment).

B. The user shall ensure that there is always a person on site, during normal business hours, that has knowledge of the user's processes and activities to accompany the Director during the inspection.

C. All pretreatment equipment shall be immediately accessible at all times for inspection. At no time shall any material, debris, obstacles or obstructions be placed in such a manner that will prevent immediate access to the pretreatment equipment.

D. The DIU must ensure it complies with all Federal, State, and City regulations and requirements, including submission of a One-Time Certification as required by 40 CFR 441.

(Ord. 7551 §26, 2021; Ord. 7362 §6, 2017)

The City may 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 POTW to violate its NPDES permit. In addition, all users shall:

A. Provide wastewater pretreatment, as required, to comply with this chapter;

B. Achieve compliance with all applicable federal categorical pretreatment standards, as contained in 40 CFR Chapter I, Subchapter N, and local limits, whichever are more stringent, within the time limitations as specified by the federal pretreatment regulations;

C. Pre-treat wastewater to a level acceptable to the Director and provide, operate, and maintain all necessary equipment, systems, and devices at the user's expense;

D. Provide detailed plans to the Director for review and approval showing the pretreatment equipment, systems, devices and operating procedures before the beginning of any construction or installation of any equipment. The review of such plans and operating procedures shall not relieve the user from the responsibility of pre-treating wastewater to produce an effluent acceptable to the Director under the provisions of this chapter;

E. No user shall install pretreatment equipment, systems or devices in a confined space or a permit-required confined space.

F. Whenever deemed necessary, the Director may require users to restrict their wastewater discharge, relocate and/or consolidate points of discharge, separate domestic waste streams from industrial waste streams, and other such conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter; and

G. Notify the Director of any pretreatment equipment failure within 24 hours of discovering the failure. The notification shall be made by a telephone call, telefax transmission, electronic report, personal visit or hand delivered notification, to the City's Environmental Compliance Office. Within five calendar days after discovery of the failure, the user shall submit a written report to the Director documenting the dates, times, and cause of the failure, and the corrective actions taken. Failure to provide this notification is a violation of this chapter and may subject the user to enforcement actions.

(Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6637 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

No user shall knowingly falsify, tamper with, or render inaccurate any monitoring device or any pretreatment equipment or device. Such falsification, tampering, or inaccuracy shall be considered a violation of this chapter and shall subject the user to enforcement actions.

(Ord. 7032 §2, 2009; Ord. 6637 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

A. No user shall have the potential to bypass any pretreatment equipment or device unless the bypass: (i) is necessary to prevent loss of life, personal injury or severe property damage, is not necessitated by some fault of the user, and is the only feasible alternative; (ii) does not cause local limit violations and is necessary to perform essential maintenance insuring adequate operation of the pretreatment equipment or device; or (iii) the industrial user submitted notices as required, below.

B. All users shall comply with the following bypass notification requirements:

1. Anticipated bypass: The user shall submit a written notice to the Director at least ten days before the date of the scheduled bypass.

2. Unanticipated bypass: The user shall notify the Director immediately upon learning that any pretreatment equipment or device has been bypassed. The user shall submit a written report to the Director within five business days after the bypass. The report shall include:

a. A description of the bypass, the cause of the bypass, and the duration of the bypass;

b. If the bypass was corrected; and

c. Actions taken or proposed to reduce or prevent a reoccurrence of the bypass.

3. No process water may exit the facility or enter storm drains or waters of the State.

(Ord. 7551 §27, 2021; Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6637 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

No person shall discharge waste recovered from pretreatment equipment, systems, or devices into any sewer opening or any drains or other openings leading to any sewer, storm drain, or waters of the State without authorization and permits from a regulatory agency having jurisdiction over the discharge of the waste. All recovered pretreatment waste shall be disposed of in accordance with all applicable federal, state, county, and local laws and regulations.

(Ord. 7551 §28, 2021; Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6637 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

A. No industrial user shall increase the use of water, or process water, or in any other manner attempt, to dilute a wastewater discharge as a partial or complete substitute for adequate treatment to achieve compliance with this chapter and the industrial user's permit, or to establish an artificially high flow rate for permitted mass emission rates or permitted flow amounts.

B. If an industrial user is found to be using dilution to comply with this chapter and/or the user's industrial user permit, then the City may impose mass-based limits on pollutants.

(Ord. 7551 §29, 2021; Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6637 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

A. Any person or entity that owns or operates a commercial and/or industrial facility(s) shall comply with the provisions of this ordinance. All such facilities shall be subject to a regular program of inspection as required by this ordinance, California Water Code §§13000 et seq. (Porter-Cologne Water Quality Control Act), Title 33 U.S.C. §§1251 et seq. (Clean Water Act), any applicable state or federal regulations promulgated thereto, and any related administrative orders or permits issued in connection therewith.

B. NPDES permit for industrial/commercial activity. Any industrial discharger, discharger associated with construction activity, or other discharger subject to any NPDES permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, or the Santa Ana Regional Water Quality Control Board, shall comply with all requirements of such permit. Such dischargers shall specifically comply with the following permits: the Stormwater Industrial General Permit, the Construction Activity Storm water General Permit, and the Dewatering De Minimis General Permit. Proof of compliance with said NPDES General Permits may be required in a form acceptable to the Director prior to issuance of any building, or occupancy permits.

C. Industrial facility storm water discharges are regulated pursuant to CWA section 402(p)(3)(A). The State Water Board issued a statewide general permit for industrial storm water discharges, excluding construction activities, called the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Industrial Activities, NPDES No. CAS000001 ("Industrial General Permit") with requirements for industrial sites. Industrial sites must evaluate if they need to obtain coverage under this Industrial General Permit.

D. Industrial facilities must evaluate if they meet the criteria to obtain coverage under the Industrial General Permit and obtain coverage no later than within a week of opening for business.

E. Industrial facilities must develop and implement Stormwater Pollution Prevention Plans (SWPPP) that include BMPs that will achieve compliance with state and local requirements. All industrial and commercial facilities must implement and maintain minimum BMPs, and any other BMPs requested by the Director during a storm water and/or pretreatment inspection to help protect the MS4 and sanitary sewer system.

F. Industrial and commercial facilities must prevent their storm water or irrigation water from running off their property and onto another property and causing a nuisance, hazard, or conveying pollutants.

G. All industrial and commercial facilities must prevent the potential discharge of pollutants in runoff from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas or loading docks, or other outdoor work areas.

H. In the event of a spill, any person responsible for a facility, operation, activity, or emergency response for a facility, must immediately take mitigative action to control the release and shall immediately notify the City Public Works Department and Fire Department upon occurrence of an accidental discharge of prohibited materials or wastes. The City shall be notified by telephone at (951) 826-5311. The notification shall include the date, time, and location of the discharge, if it entered a storm drain or waterway, type of waste, including concentration and volume, and corrective actions taken. This notification does not relieve the user from any other reporting requirements of any other laws. Within five calendar days following a spill or discharge, the discharger shall submit a detailed written report to the Director including:

1. A description and cause of the event;

2. The location, type, concentration, and volume of the spill or discharge;

3. A determination of whether the spill or discharge entered a storm drain or waterway;

4. The duration of the event including exact dates and time of noncompliance, and if noncompliance continues, the time by which compliance is reasonably expected to be achieved;

5. The description of the remediation or cleanup methods and disposal, and submittal of copies of any disposal receipts and manifests;

6. All steps taken or to be taken to reduce, eliminate, and prevent recurrence of such accidental, negligent, or intentional spill or other conditions of noncompliance; and

7. Whether the California Emergency Management Agency (CALEMA) had been notified by phone at (800) 852-7550.

I. Surface cleaning including mopping, rinsing, washing, pressure washing, steam cleaning, and floor mat washing shall only be performed with appropriate BMPs with no discharge of any liquid, material, or waste to the MS4.

J. The exterior of waste oil, grease, tallow, and other restaurant or food service containers and the surfaces surrounding such containers shall, at all times, be kept clean of residual oil, grease, and other substances.

K. Trash, recyclable, and waste disposal container covers shall be closed.

L. Equipment, parts, and materials stored outside which have potential contribute to storm water pollution shall be covered or stored in a manner in which contact with precipitation, directly or from runoff is prevented.

M. Machinery and equipment, including motor vehicles, which are leaking significant amounts of oil or fluid must be repaired, and the leaking oil must be cleaned up appropriately.

N. Poorly managed authorized non-storm water discharges or evidence of unauthorized non-storm water discharges, which may be illicit connections or illegal discharges to the MS4, and other violations of this chapter may result in an enforcement action against the facility and/or property owner.

O. All industrial and commercial facilities must comply with all the requirements contained within this chapter and must correct deficiencies noted during inspections or on any enforcement or compliance documents.

P. Stormwater may enter the sewer collection system with Director approval, and in accordance with the following:

1. Users having outdoor areas which allow wastewater and storm water to enter the sanitary collection system, or for which the initial diversion of contaminated storm water would assist in the preservation of surface or subsurface water quality, may be required to install and maintain, at the user's expense, a storm water diversion system to mitigate the release of rainwater to the sanitary sewer during a storm event.

2. The storm water diversion system design and use shall be reviewed and approved by the Director prior to installation, and must comply with rainwater diversion system design requirements.

3. The system shall be designed to allow wastewater to enter the collection system during dry weather and divert excess storm water after the first 0.1 inches of rainfall back to the MS4 during storm events.

4. During storm events, the user shall immediately suspend all outdoor wastewater generating activities and divert all storm water to a storm drain or impound contaminated water for release to the sanitary sewer after the cessation of rainfall.

5. If the segregation of industrial wastewater and stormwater is infeasible, or if discharge of contaminated storm water would create a pollution threat to surface or subsurface waters, the user may make application to the Director requesting that the storm water be considered an industrial wastewater and approved for discharge to the POTW. Approval of a storm water discharge to the POTW shall be based on:

a. Hydraulic capacity of the collection system;

b. Hydraulic capacity of the treatment plant;

c. A demonstrated need to discharge storm water to the POTW to prevent surface and subsurface water contamination

d. Dry weather urban runoff diversions must also comply with the City's guidelines on dry weather diversion BMPs.

Q. All users must comply with this Chapter and must comply with the State Water Resources Control Board's storm water requirements. The Director may require storm water protection BMPs (such as covers over hazardous waste and chemical storage areas, cleaning of exposed areas prior to an expected rain event, etc.) to mitigate the potential release of pollutants to the storm drain, and cannot have equipment outside if it causes pollutants to have potential to enter storm water.

(Ord. 7551 §30, 2021; Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

All permitted industrial users shall report proposed changes in their operations in writing to the Director for approval 30 calendar days before those changes are implemented. For the purposes of this section "changes" shall include any of the following:

A. A sustained 20 percent increase or decrease in production capacity or wastewater discharge;

B. Additions, deletions or changes to processes, plumbing, or equipment, or other changes which may require an update to the Wastewater Discharge Permit; or

C. Experimentation with new processes, materials, chemicals and/or equipment that may affect the quality of wastewater discharged.

D. For SIUs, delays of notification greater than 45 days shall result in Significant Non-Compliance.

(Ord. 7551 §31, 2021; Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

Spill containment systems shall conform to requirements established by the Director. These requirements may include but are not limited to the following:

A. Spill containment systems shall provide for the separation of incompatible chemicals.

B. Spill containment systems shall consist of dikes, walls, barriers, berms, or other devices designed to contain spillage of the restricted materials.

C. Spill containment systems shall be constructed of materials that are impermeable and non-corrosive as applicable.

D. Spill containment systems shall conform to local regulations and policies as to percent containment, container type, size, outdoor covering, and the length of time spilled material may remain in the spill containment system.

E. At no time shall a user use a spill containment system for any storage other than from a spill.

F. All users shall keep the spill containment system free of accumulated liquid and debris.

G. There shall be no drain or plugs within the spill containment area, except as approved by the Director.

H. All users must have spill kits as appropriate.

(Ord. 7551 §32, 2021; Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

A. No user shall discharge or caused to be discharged any slug load of materials, chemicals, products, or waste into the POTW. Any user discharging a slug load of materials, chemicals, products or waste into the POTW to avoid sewer service charges or disposal costs for treatment violates this Chapter. Any slug load that damages the POTW or causes Pass Through or Interference, or causes a safety concern to sewer maintenance or treatment plant operations employees, is a major violation. Slug loads that do not damage the POTW may be a minor violation.

B. The permittee shall have a Slug Load Control Plan, and shall revise it every permit term or more frequent if necessary, including when any process has changed on-site. A slug discharge is any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge, which has reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits and/or permit conditions, or any pollutant discharge violating the specific prohibitions under 40 CFR 403.5 (b). These specific prohibitions include at a minimum the following list of pollutants:

1. Pollutants which create a fire or explosion hazard in the POTW, or having a Flash Point below 140 degrees Celsius;

2. Pollutants which will cause corrosive structural damage to the POTW, or having a pH less than 5 or greater than 11.5;

3. Solid or viscous pollutants which will cause obstruction in the POTW;

4. Any pollutant, including oxygen demanding pollutants (COD, BOD, etc.) Released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW;

5. Concentrated, off-spec, or spent products, reagents, or wastes;

6. Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW exceeds 40°C (104°F);

7. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through at the POTW;

8. 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; and/or,

9. Any trucked or hauled pollutants, except at discharge points designated by the POTW.

C. The Slug Discharge Prevention and Control Plan is intended to assist the permittee in evaluating their current practice in prevention and control of slug discharges. The Slug Discharge Prevention and Control Plan shall contain, at a minimum, the following elements:

1. Description of discharge practices, including non-routine batch discharges;

2. Description of stored chemicals, spill kits locations, and spill containment devices;

3. Procedures for immediately notifying the Director of slug discharges, including any discharge which would violate a prohibition under 40 CFR Part 403, with procedures for follow-up written notification within five days;

4. If necessary, procedures to prevent adverse impact from accidental spills, including 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, measurements for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.

D. Upon occurrence of an accidental discharge of substances prohibited by this Chapter, the permittee shall take mitigative actions to protect public safety and prevent release of restricted materials to the environment, and shall notify the City immediately. During normal business hours, the City shall be notified by telephone at (951) 351-6145. After 5:00 p.m. on Monday through Friday, or weekends and holidays, the City shall be notified by telephone at (951) 826-5311. The notification shall include the location of the discharge, date and time thereof, type of waste, including concentration and volume, and the corrective actions taken. The permittee's notification of the accidental release in accordance with this section does not relieve the Permittee from the reporting requirements of local, State, or Federal laws.

E. Within five days following an accidental discharge, the permittee shall submit to the City, a detailed, written report. The report shall specify the following:

1. Description and cause of the upset, slug or accidental discharge, and the impact on the Permittee's compliance status. The description shall also include the location of the discharge, type, concentration and volume of waste.

2. Duration of noncompliance including exact dates and times of noncompliance, and if noncompliance continues, the time by which compliance is reasonably expected to occur.

3. All steps taken or to be taken to reduce, eliminate, and prevent recurrence of such an upset, slug, accidental discharge, or other conditions of noncompliance.

(Ord. 7551 §33, 2021; Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

All permitted industrial users shall develop and maintain a facility waste management plan (FWMP). The FWMP shall consist of the following applicable documents:

A. Toxic organic management plan (TOMP) is required of all categorical industrial users in lieu of required pollutant monitoring, as provided by their Federal Category.

B. Slug Discharge Prevention Control Plan (SDPCP) is required of all industrial users which have batch discharge provisions, stored chemicals or materials, or the potential for a slug discharge which, if discharged to the POTW or storm drain system, would violate this chapter. The SDPCP shall contain, at a minimum:

1. Description of discharge practices, including non-routine batch discharges;

2. Description of all stored chemicals;

3. Procedures to immediately notify the City of any slug discharge, including any discharge prohibited under Section 14.12.335;

4. Procedures to provide a written follow-up notification within five calendar days;

5. Procedures to prevent accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, plant and site run-off control, worker training, building of spill containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response; and

6. Procedures to notify the City immediately of any changes in the facilities that may affect the potential for a slug discharge.

C. Pretreatment Systems Operations and Maintenance Manual shall be submitted by all industrial users that operate and maintain pretreatment equipment.

D. Hazardous Materials and Hazardous Waste Management Plan is required of all industrial users that use, possess, or generate hazardous substances. The City's Fire Department-required Business Emergency Plan may be substituted for this management plan.

E. Waste Minimization/Pollution Prevention Plan (WM/PPP) is required of any industrial user:

1. For whom the Director has determined such WM/PPP is necessary to achieve a water quality objective;

2. Determined by the California State Water Quality Control Board ("State Board") to be a chronic violator, and the State Board, Regional Board or the City determines that pollution prevention (as defined in Water Code Section 13263.3(b)) could assist; and

3. That significantly contributes, or has the potential to significantly contribute, to the creation of a toxic hot spot as defined in Water Code Section 13391.5.

F. A WM/PPP shall include all of the following:

1. An analysis of the pollutants, as directed by the State Board, Regional Board, or the City, that the user discharges to the POTW, the sources of the pollutants, and a comprehensive review of the processes that generate and discharge the pollutants.

2. An analysis of the effectiveness of pollution prevention, including any innovative and alternative technologies and possible adverse environmental impacts resulting from the use of those methods.

3. A detailed description of the tasks and schedules required to investigate and implement the pollution prevention techniques.

4. A statement of the discharger's pollution prevention goals and strategies, including priorities for short-term and long-term action.

5. A description of the discharger's existing pollution prevention methods.

6. A statement that the discharger's existing and planned pollution prevention strategies do not constitute cross media pollution transfers unless clear environmental benefits of such an approach are identified, and information that supports that statement, to the satisfaction of City.

7. Proof of compliance with the Hazardous Waste Source Reduction and Management Review Act of 1989 (Article 11.9 (commencing with Section 25244.12) of Chapter 6.5 of Division 20 of the Health and Safety Code) if the discharger is subject to that act.

8. An analysis, to the extent feasible, of the relative costs and benefits of the possible pollution prevention activities.

9. A specification of, and rationale for, the technically feasible and economically practicable pollution prevention measures selected by the discharger for implementation.

G. Any person who fails to complete a pollution prevention plan required by the City, submits a plan that does not comply with this section, or fails to implement a plan required by the City, shall be liable to the City for any civil penalty assessed administratively by the City or by a court in accordance with this chapter.

H. The City shall not include a WM/PPP in any local limits or permit issued by the City.

(Ord. 7551 §34, 2021; Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6637 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

A. The federal categorical pretreatment standards found in 40 CFR Chapter I, Subchapter N are hereby incorporated into this chapter by reference. It is unlawful for any Categorical Industrial User to discharge wastewater to the POTW in violation of federal categorical pretreatment standards or any limitation in this chapter or that user's permit. Where there is more than one limitation for a pollutant, the more stringent limitation shall prevail. Compliance with federal categorical pretreatment standards for existing sources subject to such standards or for existing sources, which hereafter become subject to such standards, shall be achieved within three years following promulgation of the standards unless a shorter compliance time is specified in the standards or by the Director. New sources shall install, have in operating condition and "start-up" all pretreatment equipment to ensure compliance before beginning any discharge. New sources must meet all applicable pretreatment standards within the shortest feasible time, not to exceed 90 days.

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

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

2. The monitoring waiver is valid only for the duration of the effective period of the industrial user's permit, and in no case shall exceed five years. The industrial user must submit a new request for the waiver with each permit renewal.

3. In making a determination that a pollutant is not present, the industrial user must provide data from a least one sampling of the facility's process wastewater prior to any treatment at the facility that is representative of all wastewater from all processes.

4. The request for a monitoring waiver must be signed by the industrial user's authorized representative and include the certification statement as defined in Section 14.12.120.

5. Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

6. Any grant of the monitoring waiver by the City will be incorporated into the industrial user's permit. All data and information to support the City granting the waiver will be maintained for three years after the expiration of the waiver.

7. Upon approval of the waiver and incorporation into the Industrial User's Permit, the Industrial User must certify on each report submitted with the following statement, that there has been no increase in the pollutant in its wastestream due to the activities at the Industrial User's facility:

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

8. In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the industrial user's operations, the industrial user must immediately notify the City and resume quarterly monitoring of the waived pollutant.

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

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

(Ord. 7551 §35, 2021; Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

Pursuant to 40 CFR 403.8(f)(2)(i) all owners of multiple tenant commercial/industrial developments within the POTW service area shall submit, upon request by the Director, a current list of tenants. This list shall provide the name, address, unit space designation and type of business activity for each tenant space in the development.

(Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

All users shall immediately notify the Director of all wastewater discharges that could adversely affect the POTW, or storm drain collection systems, including any slug discharges. Wastewater discharges that may adversely affect the POTW and/or storm drain system include, but are not limited to, acids, alkalis, oils, greases, high strength organic waste, salt, hazardous substances and waste, colored wastes, and batch discharges. The notification shall be made by a telephone call to (951) 351-6280, telefax transmission, electronic report, personal visit or hand delivered notification, to the City's Environmental Compliance Office. Within five calendar days after discovery of the discharge, the user shall submit a written report to the Director documenting the dates, times, and cause of the failure, and the corrective actions taken. Failure to provide this notification is a violation of this Chapter.

(Ord. 7551 §36, 2021; Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

All users required to provide a written report, or response to any correspondence, order, or notice from the Director shall do so in accordance with the date and requirements specified in the correspondence, order, or notice. Failure to provide the written response or report by the date requested shall constitute a violation of this Chapter.

(Ord. 7551 §37, 2021; Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6223 §2 (part), 1995)

No person shall knowingly make any false statement, representation, or certification in any record, correspondence, or other document submitted or required to be maintained under this chapter.

(Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

Any nonresidential user desiring to discharge wastewater to the City's POTW, that may qualify for an Industrial User Permit, but is determined that its discharge does not contain pollutants at concentrations of concern, or for whom a less-complex control instrument is deemed otherwise appropriate, may be required to obtain a WDAC by the Director. WDACs shall not be issued to categorical industrial users. WDACs may be issued for indefinite time periods, subject to periodic review and reconsideration by the Director.

(Ord. 7551 §38, 2021; Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

Certain classes of industrial users, as determined by the Director, may be eligible to participate in an industrial user group permit. Permittees within this designation shall share a common business identification as defined by the Federal North American Industry Classification System ("NAICS") code book. Industrial users permitted by this group permit shall abide by general permit conditions specific for that particular group being permitted. These permit conditions shall be established by the Director.

(Ord. 7032 §2, 2009; Ord. 6377 §2(part), 2002; Ord. 6232 §2 (part), 1995)

A. It is unlawful for any industrial user to connect or discharge to the POTW without a valid Class I, II, III, IV, V, or VI industrial user permit, WDAC, or Industrial User Group Permit, as determined by the Director. Issuance of any such permit or WDAC shall not vest any right in a user to continue connection or discharge to the POTW beyond the express terms of the permit or WDAC.

B. Plans and building permits for Class I, II, III, IV, V, or VI industrial user permits and those users designated by the director shall not be approved by the Director for any sewer connection which will convey industrial wastewater to the POTW unless the user has first obtained an industrial user permit, WDAC, or other written permission from the Director.

C. Users required to obtain an industrial user permit shall complete and file with the Director a permit application form provided by the Director and shall pay all applicable fees within 30 days of invoicing by the City. The application form may require applicant's submission of any or all of the following:

1. Name, address, and location (if different from the site address);

2. Standard Industrial Codes (SIC) and NAICS numbers under the Federal North American Industry Classification System, Office of Management and Budget, 1997, as amended;

3. EPA hazardous waste generator's number;

4. Wastewater samples analyzed for specified pollutants by a State certified laboratory in accordance with the methods published by EPA in 40 CFR Part 136 and amendments thereto;

5. Time and duration of the wastewater discharges;

6. Average and maximum daily wastewater flow rates, including any seasonal variation of all waste streams discharged;

7. A list of all environmental control permits held;

8. A written statement from the property owner or landlord, if different from the industrial user, agreeing to the industrial user's activities, manufacturing processes, and chemical and material storage;

9. Site plans, floor plans, mechanical and plumbing plans with details to show all sewers, sewer connections, pretreatment equipment, systems and devices, production areas and all areas of wastewater generation;

10. A description of operations including the nature, average rate of production, and NAICS code of the operation(s) carried out by the industrial user, and a schematic process diagram that indicates points of discharge to the POTW;

11. Flow measurement information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process waste streams and other waste streams as necessary to allow use of the combined waste stream formula;

12. Measurement of pollutants identifying the National Categorical Pretreatment Standard applicable to each regulated process, with the results of sample analyses identifying the nature and concentration (or mass where required) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration or daily maximum and average mass shall be reported. All analyses shall be performed in accordance with the techniques prescribed in 40 CFR Part 136;

13. Certification statement, as set forth in 40 CFR Part 403.6(a)(2)(ii), executed by an authorized representative of the industrial user and prepared by a qualified professional, indicating whether or not pretreatment standards (categorical and local) are being met on a consistent basis. If not, the industrial user shall state if additional operation and maintenance or additional pretreatment equipment is necessary to achieve compliance with pretreatment standards and requirements;

14. Best management practices necessary to comply with this chapter; and

15. Any other information as may be necessary for the Director to evaluate the permit application.

D. Within 45 days after receiving the completed application and all required supporting information, the Director shall evaluate the application and information furnished by the applicant. The Director shall issue the permit, if the Director believes that sufficient and accurate information has been provided by the applicant in the permit application and the Director finds that all of the following conditions are met:

1. The proposed discharge of the applicant is in compliance with the prohibitions and limitations of this chapter;

2. The proposed operation and discharge of the applicant would not interfere with the normal and efficient operation of the POTW;

3. The proposed discharge, operation or business activity of the applicant shall not result in a violation by the City of the terms and conditions of its NPDES permit or cause a pass through of any toxic materials to the environment or the POTW sludge; and

4. The applicant has paid all applicable industrial user permit fees.

E. The Director may suspend the permit application process if the user's business will not be operational and no wastewater is planned for discharge at the conclusion of the application review process. The user must notify the Director at least 14 calendar days before starting business activities and wastewater discharge.

F. If the Director determines that the proposed discharge will not be acceptable, the Director shall disapprove the application and shall notify the applicant in writing, specifying the reason(s) for denial and the applicable appeals process under Section 14.12.570, Appeals.

G. Industrial user permits shall be subject to all provisions of this Chapter and all other applicable regulations, charges and fees established by the City Council of the City of Riverside or the Riverside County Board of Supervisors resolution. Permits may include one or more of the following:

1. The unit charge or schedule of user charges and fees for the wastewater discharged to the POTW as established by ordinance or resolution;

2. Schedule of penalties for noncompliance as established by resolution;

3. Limitations on the average monthly and maximum daily wastewater pollutants and mass emission rates for pollutants;

4. Limitations on the average monthly and maximum daily wastewater flow rates;

5. Requirements for the submittal of a facility waste management plan;

6. Requirements for the submittal of daily, monthly, annual and long-term production rates;

7. Requirements for reporting changes and/or modifications to equipment and/or processes that affect the quantity or quality of the wastewater discharged;

8. Requirements for installation and maintenance of monitoring and sampling equipment and devices;

9. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate spill containment devices;

10. Requirements to comply with best management practices and periodic written documentation that the best management practices are being implemented and the effects on compliance;

11. Specifications for monitoring programs which may include: sampling location(s); frequency of sampling; pollutant violation notification and resampling requirements; number, types and standards for tests; reporting schedules; TTO monitoring; and self-monitoring standard operating procedures (SOPs);

12. Requirements for reporting flow exceedances and pollutant violations;

13. Consent to the City's entry onto the user's premises to assess compliance by inspection, photography, electronic image recording, records examination, sampling, and monitoring;

14. Compliance schedules. Compliance schedule progress reports, as required, shall be submitted every 30 days during the time the compliance schedule is in force, including a final compliance report at the conclusion of the compliance schedule. The industrial user shall state whether or not compliance was achieved for the increment of progress to be met on such a date. If progress cannot be achieved, the industrial user shall state the reasons for the delay and the steps to be taken to return to the dates originally established in the compliance schedule;

15. Modified compliance schedules if pretreatment standards compliance cannot be met on a consistent basis. A modified compliance schedule shall provide the shortest possible time for the industrial user to provide additional pretreatment and/or operations and maintenance to achieve compliance, and may contain milestones;

16. Requirements for submission of technical or discharge reports, Baseline Monitoring Reports (BMR), compliance reports, and reports on continued compliance;

17. Requirements for submission of a slug discharge plan according to 40 CFR 403.8(f)(1)(iii)(B)(6) and any subsequent updates;

18. Reports on compliance with federal categorical pretreatment standards deadlines. All categorical industrial users shall submit reports to the Director containing the information described in this section as required by the permit. For existing categorical industrial users, the report shall be submitted within 90 days following the date for final compliance with applicable categorical pretreatment standards. For new categorical industrial users, the report shall be due 30 days following the commencement of wastewater discharge into the POTW. These reports shall contain long-term production rates and actual production during the wastewater sampling periods;

19. All significant and categorical industrial users shall submit progress reports on compliance every six months. These reports shall include effluent sample analyses with the pollutant names and concentration or masses; average and maximum daily wastewater flows for all regulated processes and total flow for the reporting period; average and maximum daily production rates; and total production rate for the reporting period. Significant industrial users are required to notify the Director immediately of any changes at its facility affecting the potential for a slug discharge;

20. All required reports: BMRs, compliance reports, periodic reports on continued compliance, and sample data submittals, must be signed by an authorized representative of the user;

21. All reports required by this section must have an accompanying certification statement by a qualified professional stating whether the pretreatment standards are or are not being met as set forth in 40 CFR Section 403.12(b)(6);

22. Requirements for maintaining and retaining all records relating to wastewater monitoring, sample analyses, production, waste disposal, recycling, and waste minimization as specified by the Director;

23. Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices as approved by the City. 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 years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Director.

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

25. Requirements for notification of slug or accidental discharges and significant changes in volume or characteristics of the pollutants discharged;

26. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and this chapter; and

27. Other conditions as deemed appropriate by the Director to ensure compliance with this chapter.

(Ord. 7551 §39, 2021; Ord. 7362 §6, 2017; Ord. 7099 §5, 2010; Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

Reporting requirements for industrial users upon effective date of categorical pretreatment standard baseline report. Within 180 days after the effective date of a categorical Pretreatment Standard, or 180 days after the final administrative decision made upon a category determination submission under Federal Code 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 a POTW shall be required to submit to the Control Authority a report which contains the information as described below. At least 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 of Riverside a report which contains the information required. 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 as requested:

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:

(i) Regulated process streams; and

(ii) Other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e).

The City of Riverside may allow for verifiable estimates of these flows where considerations are justified by cost or feasibility.

5. Measurement of pollutants.

(i) The user shall identify the pretreatment standards applicable to each regulated process;

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

(iii) For sampling required in support of baseline monitoring and 90-day compliance reports required, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Director may authorize a lower minimum. For the reports required under (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

(iv) 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 shall measure the flows and concentrations necessary to allow use of the combined wastestream formula in order to evaluate compliance with the applicable pretreatment standards. Where an alternate concentration or mass limit has been calculated, this adjusted limit along with supporting data shall be submitted to the City of Riverside;

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

(vi) The City 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;

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

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

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

(i) Where the industrial user's categorical pretreatment standard has been modified by a removal allowance, the combined wastestream formula, and/or a fundamentally different factors variance at the time the user submits the report required, the information required shall pertain to the modified limits.

(ii) If the categorical pretreatment standard is modified by a removal allowance the combined wastestream formula, and/or a fundamentally different factors variance after the user submits the report required, any necessary amendments to the information requested shall be submitted by the user to the Control Authority within 60 days after the modified limit is approved.

(Ord. 7551 §40, 2021; Ord. 7459 §32, 2019; Ord. 7362 §6, 2017)

Industrial user permits shall be issued for a specified time period, not to exceed five years.

(Ord. 7551 §41, 2021; Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

All users that have been issued an industrial user permit, industrial user group permit, WDAC, or De Minimis categorization have a duty to comply with all conditions and limitations in these control documents ("control documents"). Any user failing to comply with the requirements of such user's control documents shall be subject to administrative, civil or criminal enforcement actions in accordance with this chapter.

(Ord. 7032 §2, 2009; Ord. 6377 §2(part), 2002; Ord. 6232 §2 (part), 1995)

All users shall submit a completed industrial user permit application, required monitoring information or production reports, and any other information required for permit renewal a minimum of 90 calendar days prior to the expiration of the existing industrial user permit. All users shall pay all applicable permit fees no later than 30 calendar days after invoicing by the City. If the Director fails to notify a user of Director's decision to issue or not issue a renewed permit prior to the expiration date of the current permit, the user's timely submission of a completed application and all other required information and reports shall automatically administratively extend the permit. Any discharge of industrial wastewater to the POTW with an expired industrial user permit that has not met the criteria for administrative extension shall be a violation of this chapter.

(Ord. 7551 §42, 2021; Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

A. The Director may modify the industrial user permit terms and conditions as follows:

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

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

3. For a change in the POTW that requires either a temporary or permanent reduction or elimination of the permitted discharge;

4. If the permitted wastewater discharge poses a threat to the POTW, city personnel, residents, or receiving waters;

5. For violation of any term or condition of the industrial user permit;

6. For misrepresentations or failure to fully disclose all relevant facts in the industrial user permit application or in any required reporting;

7. To correct typographical or other errors in the industrial user permit;

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

9. For other reasons as the Director deems necessary.

B. City shall notify the user of any proposed permit changes at least 30 calendar days prior to the effective date of the changes. Any modifications in the permit shall include a reasonable time schedule for compliance.

(Ord. 7362 §6, 2017; Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

The Director may revoke any permit for good cause, including, but not limited to, the following reasons:

A. Failure to notify the Director of significant changes to the wastewater prior to the changed discharge;

B. Failure to provide prior notification to the Director of changed conditions;

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

D. Falsifying self-monitoring reports and certification statements;

E. Tampering with monitoring equipment;

F. Refusing to allow the Director timely access to the facility premises and records;

G. Failure to meet effluent limitations;

H. Failure to pay fines;

I. Failure to pay sewer charges;

J. Failure to meet compliance schedules;

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

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

M. Violation of any pretreatment standard or requirement, or any terms of the permit or this ordinance; or

N. Other reasons as determined by the Director.

Permits shall be voidable upon cessation of operations or transfer of business ownership. All permits issued to a user are void upon the issuance of a revised permit to that user.

(Ord. 7551 §43, 2021; Ord. 7362 §6, 2017)

Each liquid waste hauler permit, industrial user permit, WDAC, or industrial user group permit is issued to a specific user for a specific operation for a specified time. Any assignment, transfer or sale of any permit to a new owner, new user, different premises, or different use is prohibited.

(Ord. 7551 §44, 2021; Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

The City is authorized to impose fees and charges to recover the costs of its pretreatment program. These fees and charges are exclusive to this chapter and are separate from all other fees or costs. The amount of these fees and charges and method of implementation may be established by resolution of the City Council. The City may assess fees and charges to recover the costs for:

A. Developing, implementing, and operating the City's pretreatment program and this chapter;

B. Monitoring, inspection, surveillance procedures and laboratory costs;

C. Reviewing plans and construction inspections;

D. Industrial user permit application review;

E

Industrial user permit, industrial user group permit, and WDAC issuance;

F. Enforcement actions;

G. Liquid waste hauler's permit issuance;

H. Temporary user permit issuance;

I. Exceeding conventional pollutant limitations in the industrial user permit or other applicable pollutant limitations. These fees shall be based on the POTW costs of operations, maintenance and treatment for the conveyance of gallons of wastewater, pounds of COD and total suspended solids;

J. Nonresidential user sewer service fees shall be assessed considering the following conditions:

1. In order to accurately recovery the cost of conveying and treating the facility's industrial discharge, Industrial users shall be charged special billing if commercial sewer use rates are deemed inadequate by the Director. Special billing customers shall pay monthly sewer service fees based upon rates established periodically by City Council resolution. The industrial user sewer rates shall be based upon the City's costs for providing services and treatment for the total volume of wastewater discharged and for the pounds of COD and TSS contained in the wastewater discharged.

2. Commercial users shall pay monthly sewer service fees based upon the commercial sewer use rates established periodically by resolution. The commercial sewer use rates shall be based on the costs for providing services and treatment for the amounts of COD, TSS and gallons of wastewater discharged.

(Ord. 7551 §45, 2021; Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

Permit fees for multi-year permits shall be payable in advance for the entire term of the permit, as invoiced by the City's Finance Department. If a permit is terminated within 30 calendar days of issuance, then the Director shall refund 50 percent of the original permit fee, less any fees, charges or penalties owing to the City provided that no refund shall be made to a permit holder which is in violation of this chapter or any provision of their permit at any time prior to such termination. After a permit has been in effect for 30 days or more, all fees for that permit are non-refundable. No permit application fee shall be refundable at any time.

(Ord. 7551 §46, 2021; Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

Unless otherwise specified, all fees, charges and penalties imposed pursuant to this chapter are due and payable within 30 calendar days after the date of the notice or invoice from the City. Users who fail to pay any required fee, charge or penalty by the due date shall pay a 50 percent surcharge in addition to the original fee, charge or penalty. The City shall give notice to a user of any permit termination associated with the unpaid amounts and such permit will be automatically revoked on the 30th day after the date of such notice if the amount due is not paid in full. The Director shall refer the unpaid amount to the City's Finance Department for collection.

(Ord. 7032 §2, 2009; Ord. 6377 §2 (part), 2002; Ord. 6232 §2 (part), 1995)