Rohnert Park Municipal Code Ch. 13.48 Sewers—administration

Footnotes:

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Editor's note— Ord. No. 834, § 8, adopted Feb. 22, 2011, repealed Ch. 13.48, in its entirety and enacted new provisions to read as herein set out. Prior to this amendment, Ch. 13.48 pertained to similar subject matter. See Ordinance List and Disposition Table for derivation.

(A) Responsibility of City Engineer. The City Engineer is charged with responsibility for the City's waste water control program and the administration and enforcement of the provisions of Chapters 13.08 through 13.52. For the purpose of inspecting the facilities for conformance with the provisions of Chapters 13.08 through 13.52, the City Engineer may, at any time, enter upon the premises of any person discharging or applying for permission to discharge nonresidential or industrial wastes into the City sewerage system. Such entry may be announced or unannounced, scheduled or unscheduled and may occur without prior notification to the user. The City Engineer may also request that a property owner provide all written records of lateral inspection, maintenance, repair or replacement at the time of inspection or within ten or more business days after receipt of the request. Any entry upon private property shall be in accordance with Section 13.52.135 of this ordinance.

(B) Responsibility of Users. It shall be the responsibility of the applicant, user and/or discharger to comply with all of the provisions of this sewer use ordinance. The omission to act by the city shall not relieve the applicant, user or discharger of responsibility to comply with the conditions of this sewer use ordinance, including, but not limited to, such requirements regarding permitting, pretreatment, monitoring, and reporting. It shall be the responsibility of the applicant, user or discharger to make determinations as to the nature of its operation and wastewater flow and to take such actions as may be required under this sewer use ordinance prior to any discharge of wastewater, whether or not the applicant, user or discharger has been informed by the city of the requirements which may apply to the applicant, user or discharger regarding its discharge.

(Ord. No. 834, § 8, 2-22-2011)

(A) No SIU or non-residential user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the city engineer, except when the SIU has filed a timely application and its wastewater discharge permit is pending finalization and the city engineer has approved such discharge.

(B) The city engineer may require other users to obtain a wastewater discharge permit as necessary to carry out the purposes of this sewer use ordinance.

(C) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this sewer use ordinance. Obtaining a wastewater discharge permit does not relieve a user of its obligation to comply with all federal and state pretreatment standards or requirements with any federal, state and local law.

(Ord. No. 834, § 8, 2-22-2011)

The wastewater discharge permit expressly authorizes a user to discharge wastewater to the city sewerage system and POTW and is issued for that purpose. If, for any reason, a wastewater discharge permit is revoked, suspended, or otherwise held invalid, authorization to discharge is terminated and the user shall cease all discharge.

(Ord. No. 834, § 8, 2-22-2011)

Any unpermitted user required to obtain a wastewater discharge permit, who was discharging to the POTW prior to the effective date of this sewer use ordinance, and who wishes to continue such discharges in the future, shall, within 30 days after the effective date of this sewer use ordinance, apply to the city engineer for a wastewater discharge permit in accordance with this sewer use ordinance. The user shall not cause or allow discharges to the POTW to continue after 30 days of the effective date of this sewer use ordinance except in accordance with a wastewater discharge permit issued by the city engineer. Permits issued by the city engineer, pursuant to prior pretreatment requirements, shall remain valid for their stated terms or until terminated or amended pursuant to this sewer use ordinance.

(Ord. No. 834, § 8, 2-22-2011)

Any user who is required to obtain a wastewater discharge permit and who proposes to begin or recommence discharging into the POTW shall obtain such permits prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit shall be filed a minimum of 60 days prior to the date upon which any discharge will begin or recommence. All new industrial users shall arrange for the city engineer to conduct a walk-through site inspection of the user's facilities during the 60 day period prior to connecting or contributing waste or wastewater to the city's sewer system.

(Ord. No. 834, § 8, 2-22-2011)

When applying for a permit, the city engineer may require all users to submit either independently, or as part of an application, the following information:

(A) Identifying information: The name and address of the facility, including the name of the operator and owner.

(B) General Facility Description. SIC numbers, hours of operation, principle business activities, products produced and/or services provided at this facility, number and type of employees, and proposed or actual hours of operation.

(C) Environmental Control Permits. A list of any environmental control permits held by or for the facility including permitting agency, permit type, and identification number.

(D) Description of Operations. Facilities and plant operations/processes, wastewater generating activities, type and amount of raw materials processed (average and maximum per day) and disposal methods, each product produced by type, amount, process or processes, and rate of production, time(s), and duration of all process discharges.

(E) Facility Layout. Facility layout including floor plans, mechanical and plumbing plans, process flow, and details to show all sewers, floor drains, and appurtenances by size, location and elevation and discharge locations.

(F) Flow Measurement. Measured average and maximum daily flow, monthly average, and seasonal variations of wastewater flow rates in gallons per day to the city sewer system from regulated process streams and other streams as necessary to use the combined wastestream formula or flow weighted average formula.

(G) Pollutant Measurement. Wastewater constituents and characteristics, including any pollutants in the discharge that are limited by any federal, state, or local standards, or pretreatment standards applicable to each regulated process, and nature and concentration (or mass if pretreatment standard requires) of regulated pollutants in each regulated process (daily maximum and average concentration or mass when required by a pretreatment standard). Sampling and analysis will be undertaken in accordance with 40 CFR Part 136.

(H) Compliance Certification. A certification statement reviewed by an authorized representative of the user and certified by a qualified professional indicating whether the pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance and/or additional pretreatment is necessary for the user to meet pretreatment standards and requirements. [40 CFR Part 403.12(b)(6)]

(I) Other Information. Any other information required by the city engineer to evaluate the permit application. Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision.

(Ord. No. 834, § 8, 2-22-2011)

All wastewater discharge permit applications shall be signed by a responsible corporate officer, general partner, proprietor, or duly 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. No. 834, § 8, 2-22-2011)

The city engineer will evaluate the data furnished by the user and may require additional information. Within sixty days of receipt of a complete wastewater discharge permit application, the city engineer will determine whether to issue a wastewater discharge permit. Any permit applicant or user (aggrieved party) may petition the city engineer to reconsider the terms of a wastewater discharge permit within thirty days of notice of its issuance. Aggrieved parties may seek an administrative appeal under Section 13.52.200.

(Ord. No. 834, § 8, 2-22-2011)

(A) No connection to the city sewer system shall be made until the connection has been approved by the city engineer. The owner of the premises to be served shall provide all information required by the city engineer, supplemented by any plans, specifications, or other information which, in the judgment of the city engineer, is pertinent to the location and use of the premises. Separate connections may be required for each building of a single premise or for separation of industrial wastewater from sanitary sewage

(B) The wastewater discharge permit shall be issued upon final inspection and acceptance of construction of the connection and, when required, upon the application and issuance of a wastewater discharge permit.

(Ord. No. 834, § 8, 2-22-2011)

Each wastewater discharge permit will indicate a specific date upon which it will expire. The user shall apply for a wastewater discharge permit re-issuance at least ninety days prior to the expiration of the user's existing wastewater discharge permit. Expiration of a wastewater discharge permit does not relieve the discharger of requirements outlined in their existing wastewater discharge permit.

(A) industrial wastewater discharge permits and ground water remediation discharge permits shall be issued for a specified time period, not to exceed five years from the effective date of the wastewater discharge permit.

(B) A non-residential wastewater discharge permit shall be issued for a specified time period, not to exceed six years from the effective date of the wastewater discharge permit.

(Ord. No. 834, § 8, 2-22-2011)

A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the city engineer 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 provisions, requirements, and standards appropriate to carry out the objectives of this sewer use ordinance, including but not limited to the following:

(1) A statement that indicates wastewater discharge permit duration, which shall not exceed five years for SIU and categorical users.

(2) A statement that the wastewater discharge permit is nontransferable. Any new user must apply for a new wastewater discharge permit and receive prior approval from the city engineer before discharging to the sewer;

(3) Effluent limits based on applicable pretreatment standards;

(4) Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on pretreatment standards;

(5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the time for compliance beyond that required by applicable federal, state, or local law;

(B) Wastewater discharge permits may contain provisions, requirements, and standards appropriate to carry out the objectives of this sewer use ordinance , including but not limited to the following:

(1) Limits on the average and maximum wastewater constituents and characteristics. These limits may be based on pollutant concentration and/or mass and may include prohibitions on discharge of said pollutants;

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

(3) Implementation of best management practices or best available technology as determined by the city engineer.

(4) 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;

(5) Requirements for the development and implementation of spill control plans, Toxic Organic Management Plan or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;

(6) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

(7) Requirements for installation and maintenance of inspection, sampling and flow metering facilities, and other related monitoring equipment and three years of records retention;

(8) A statement that compliance with the wastewater discharge permit does not relieve the user of responsibility for compliance with all applicable federal and state pretreatment standards, including those that become effective during the term of the wastewater discharge permit;

(9) Requirements for reporting compliance schedules, self-monitoring, change in conditions, change in discharge including slug loads, bypass, process changes and chemical changes and automatic resampling;

(10) The prohibition of dilution as partial or complete substitute for adequate pre-treatment to achieve compliance with permit conditions;

(11) Signatory requirements specifying the responsible corporate officer for the industrial user; and/or

(12) Other conditions as deemed appropriate by the city engineer to ensure compliance with this sewer use ordinance, and state and federal laws, rules, and regulations or the terms of the permit.

(Ord. No. 834, § 8, 2-22-2011)

The city engineer 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 POTW, personnel, or the receiving waters;

(E) Violation of any terms or conditions of the wastewater discharge or this sewer use ordinance;

(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 Part 403.13; and/r

(H) To correct typographical or other errors in the wastewater discharge permit.

The filing of a request by the user for a permit modification does not stay any permit condition.

(Ord. No. 834, § 8, 2-22-2011)

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, or a new or changed operation. However, nothing in this section shall be construed to prevent the application of the terms and conditions of this sewer use ordinance, including enforcement penalties, from applying to a succeeding owner, successor in interest, or other assigns of an existing contract or wastewater discharge permit holder.

(Ord. No. 834, § 8, 2-22-2011)

The city engineer shall provide notice of the issuance of a wastewater discharge permit to the applicant. Any permit applicant or user (aggrieved party) may petition the city engineer to reconsider the terms of a wastewater discharge permit within thirty days of notice of its issuance. Aggrieved parties may seek an administrative appeal under Section 13.52.200.

(Ord. No. 834, § 8, 2-22-2011)

The city engineer may periodically require users to submit a survey that includes information on the nature and characteristics of its wastewater. Failure to submit this survey within thirty days of the request shall be considered a violation of this sewer use ordinance.

(Ord. No. 834, § 8, 2-22-2011)

The city engineer may periodically require any user to sample their wastewater discharge or submit to the wastewater sampling by the city engineer in establishing the appropriate class of the user and/or to evaluate compliance with the standards and requirements of this sewer use ordinance.

(A) Sample Collection. Except as indicated in paragraph (B) below, the user shall collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the City Engineer may authorize the use of time proportional sampling or grab sampling over the production day 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 daily maximum discharge limits.

(B) Samples should be taken for Federal 40 CFR limits, for Categorical Industries immediately downstream from pretreatment facilities if such exist, or immediately downstream from the regulated process if no pretreatment facilities exist. 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 pretreatment standards.

(Ord. No. 834, § 8, 2-22-2011)

(A) Reports shall contain results of sampling and analysis, identifying the nature and concentration (or mass, where required by the City) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported.

(B) Reports, signed and certified by a duly authorized representative of the industrial user, as set forth in 40 CFR Part 403.6(a)(2)(ii) and 40 CFR Part 403.12(l) shall certify that such sampling and analysis are representative of normal work cycles and expected pollutant discharges to the POTW and shall contain the following information:

(1) The date, precise location, method, and time of sampling and the names of the person(s) taking the samples;

(2) Sample preservation used;

(3) The dates analyses were performed;

(4) Chain of custody of the sample;

(5) Who performed the analyses;

(6) The analytical techniques/methods used; and

(7) The results of such analyses.

(Ord. No. 834, § 8, 2-22-2011)

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or required report must be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA. All analyses shall be performed by a laboratory(ies) certified by the state for the specified pollutants and matrix to be analyzed.

(Ord. No. 834, § 8, 2-22-2011)

All categorical users shall submit to the city a baseline report within one hundred eighty days of the effective date of this section or one hundred eighty days after final administrative decision on a category determination, whichever is earlier. The baseline report shall contain the information specified in 40 CFR Part 403.12(b). The information required for application for a permit and/or modification of a permit may fulfill the requirements of the baseline report. If in submitting information to apply for or to modify a permit, the categorical user also intends to fulfill the requirements for the baseline report, the categorical user shall so state.

(Ord. No. 834, § 8, 2-22-2011)

The user shall submit a progress report to the city engineer no later than fourteen days following each date in the compliance schedule (as defined in this ordinance) and the final date of compliance including, as a minimum, whether the user complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule.

(Ord. No. 834, § 8, 2-22-2011)

Within ninety 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 user subject to such pretreatment standards and requirements will submit to the city engineer a report indicating the nature and concentration of all pollutants in the discharge from the regulated process that are limited by pretreatment standards or requirements, the average and maximum daily flow for these process units, and the actual average production rate for these process units. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR Part 403.6(c), this report will contain a reasonable measure of the user's long-term production rate. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operational and maintenance changes and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and a certified qualified professional. Filing of this compliance report cannot relieve the user of any fines, civil penalties, or other liability that may be imposed by this sewer use ordinance or other applicable law, or failure to meet the applicable pretreatment standards or requirements subsequent to the date for final compliance with such applicable standard.

(Ord. No. 834, § 8, 2-22-2011)

(A) All Significant Industrial Users shall, at a frequency determined by the City Engineer, submit a report indicating the nature and concentration of pollutants in the discharge that are limited by pretreatment standards or requirements and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports shall be signed and certified in accordance with 40 CFR Part 403.6(a)(2)(ii). The report shall contain a description of the methods utilized by the user in collecting the wastewater sample for analysis, including but not limited to the sampling device(s) used, the sampling period, the amount of each sample collected, sample handling and preservation techniques used, and date of sample delivery to the laboratory for analysis.

(B) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities will be properly operated, cleaned, calibrated, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order is a violation and shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(C) If a user, subject to the reporting requirement in this section, monitors any pollutant more frequently than required by the City Engineer, using the procedures prescribed in this sewer use ordinance, the results of this monitoring will be included in the report.

(D) In the event a sample from a periodic compliance report indicates that a constituent is in violation of the allowable concentration levels as set forth in the user's permit or permit contract, the user shall inform the City within the next business day, repeat the sampling and pollutant analysis for the parameter in violation, and submit in writing the results of this second analysis within 30 days of the discovery of the first violation. The initial sampling and analysis report shall be submitted within 45 days of the initial sampling date with a cover report setting forth the causes of the violation, the remedial actions taken to date with regard to the violation, and the scheduled additional actions that will be implemented to prevent a recurrence.

(E) The City Engineer may require a signed statement by the user setting forth management practices and/or material usage practices that have an affect on the nature, volume, and quality of the wastewater discharge and/or that potentially will affect the ability to comply with pretreatment standard requirements.

(F) When required by the City Engineer, an industrial user shall submit a report indicating the concentration of specific pollutants discharged in the effluent. The determination of said pollutants by the City Engineer shall be based on what is reasonably expected to be found at the site and the frequency of monitoring shall be based on the compliance status of the industrial user.

(G) Periodic Compliance Reports may be waived by the City Engineer if the City is monitoring the user discharge.

(Ord. No. 834, § 8, 2-22-2011)

(A) In the case of any discharge including, but not limited to, accidental discharges, discharges of a non-routine or episodic nature, a non-customary batch discharge or a slug load that may cause potential problems for the POTW (including a violation of the prohibited discharge standards of this sewer use ordinance), it is the responsibility of the user to immediately notify the city engineer of the incident. This notification shall include the location of discharge, type of waste, concentration and volume (if known), and corrective actions taken by the user.

(B) Within five days following an accidental discharge, the user shall, unless waived by the city engineer, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar or future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability that may be incurred as a result of damage to the system, natural resources, or any other damage to persons or property. Nor shall such notification relieve the user of any fines, civil penalties, or other liability that may be imposed by this sewer use ordinance.

(C) Failure to notify the city of potential problem discharges shall be deemed a violation of this sewer use ordinance.

(D) A notice shall be permanently posted, advising employees of calling procedures in the event of a discharge described in paragraph (A) above. Employers shall ensure that all employees are advised of the emergency notification procedure and containment procedures.

(E) The city has the authority to deny or condition new or increased contributions of pollutants or changes in the nature of pollutants to the POTW by permitted and non-permitted users where such contributions do not meet applicable pretreatment standards or requirements or where such contributions would cause the POTW to violate its waste discharge requirements.

(Ord. No. 834, § 8, 2-22-2011)

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the city engineer if deemed necessary by the city engineer to protect the public health, safety, and welfare of the public and the integrity of the city sewer and treatment system.

(Ord. No. 834, § 8, 2-22-2011)

Each user shall notify the city engineer of any planned significant changes to the user's operations or system that might alter the nature, quality, or volume of its wastewater at least sixty days before the change.

(A) The city engineer 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 as required by this sewer use ordinance.

(B) The city engineer may issue a wastewater discharge permit as required by this sewer use ordinance or modify an existing wastewater discharge permit.

(C) No user shall implement the planned changed condition(s) until or unless the city engineer has responded to the user's notice.

(D) For purposes of this section, flow increase of twenty percent or greater, and the discharge of any previously unreported pollutants, shall be deemed a significant change to the user's operations or system.

(Ord. No. 834, § 8, 2-22-2011)

The city engineer may at any time require waste reports, including, but not limited to, questionnaires, technical reports, sampling reports, and test analyses, and periodical reports of waste water discharge. When the requested report is not adequate in the judgment of the city engineer, he may require the user to supply such additional information as the city engineer deems necessary. Waste reports may include, but are not necessarily limited to, nature of the process, volume and rates of waste water flow, elements, constituents, and characteristics of the waste water, together with any information required in the sewer use permit.

(Ord. No. 834, § 8, 2-22-2011)

(A) Users shall install sampling and/or monitoring equipment, including manholes, as deemed necessary by the city engineer. The user's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at the user's own expense. All devices used to determine wastewater flow and quality shall be calibrated, at a frequency to be determined by the city engineer, to ensure their accuracy. The sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable construction standards and specifications. construction shall be completed within ninety days following written notification by the city engineer unless a time extension is granted by the city engineer.

(B) Location of Equipment. The sampling and monitoring equipment shall be situated on the user's premises, but the city engineer may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public right-of-way and located so that it will not be obstructed by landscaping or parked vehicles.

(C) Access to Equipment. If the monitoring facility is inside the user's fence, there shall be accommodations to allow access for city personnel, such as a gate secured with a city lock. There shall be ample room in or near such sampling manhole to allow accurate sampling and compositing of samples for analysis.

(D) Effluent Meter and Composite Sampler. New industrial users or existing users planning a remodel of existing process facilities and/or pretreatment system that contribute high strength wastewater to the POTW shall install a non-resettable totalizing effluent meter and a flow proportioned composite sampler that is controlled by a flow meter.

(E) Provisions for Existing Users. Existing industrial users shall be subject to the provisions of this section as determined by the city engineer to protect the public health, safety, and welfare of the public and the integrity of the city sewer and treatment system.

(F) Plan Review. Detailed plans showing the operation and proposed installation of all monitoring and/or sampling equipment shall be submitted to the city for review and shall be acceptable to the city engineer before installation of the equipment. Any subsequent changes to any sampling and/or monitoring equipment shall be reported to and be acceptable to the city engineer.

(Ord. No. 834, § 8, 2-22-2011)

(A) Where required in the waste discharge permit or by state or federal laws and regulations, the discharger shall provide, operate and maintain, at the discharger's expense, such preliminary treatment or controls as may be necessary to eliminate or reduce the objectionable characteristics, constituents, or quantities and rates of discharge to conform to the maximum limits provided for in the permit.

(B) Plans, specifications, and any other pertinent information related to proposed pretreatment facilities and operating procedures shall be submitted for the approval of the city engineer. Construction of such facilities shall not commence until said approval is obtained in writing, and use of such facilities shall not commence until completed facilities are approved in writing. Pretreatment facilities shall be continuously maintained in satisfactory and effective operating condition to the satisfaction of the city engineer.

(Ord. No. 834, § 8, 2-22-2011)

(A) The city engineer may require any user 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.

(B) From time to time the city may adopt best management practices for activities and/or industries. In these cases, users may employ the adopted best management practices in lieu of application of other pretreatment technologies, when approved by the city engineer.

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

(Ord. No. 834, § 8, 2-22-2011)

Grease, oil, and sand interceptors or other grease removal device shall be provided by the user when, in the opinion of the city engineer, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, sand or other harmful ingredients. All interception units shall be of type and capacity acceptable to the city engineer and shall be so located to be easily accessible for cleaning and inspection. All grease, oil and sand interceptors shall be maintained in continuously efficient operation at all times. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense. The user shall keep and maintain records that document all cleaning, repair and proper disposal from all such interceptors for the preceding three years. Such records shall be kept on the site for review by the city engineer.

(Ord. No. 834, § 8, 2-22-2011)

In addition to the requirements set forth below, the city engineer may specify additional requirements for dental facilities that remove or place amalgam fillings.

(A) All owners and operators of dental facilities that remove or place amalgam fillings shall comply with the following waste management practices:

(1) No person shall rinse chair-side traps, vacuum screens, or amalgam separator equipment in a sink or other connection to the sanitary sewer.

(2) Owners and operators of dental facilities shall ensure that all staff members who handle amalgam waste are trained in the proper handling, management, and disposal of mercury-containing material and fixer-containing solutions, and shall maintain training records that shall be available for inspection by the city engineer during normal business hours.

(3) Amalgam waste shall be stored and managed in accordance with the instructions of the recycler or hauler of such materials.

(4) Bleach and other chlorine-containing disinfectants shall not be used to disinfect the vacuum line system.

(5) The use of bulk mercury is prohibited. Only pre-capsulated dental amalgam is permitted.

(B) All owners and operators of dental vacuum suction systems, except as set forth in paragraphs (C) and (D), below, shall comply with the following:

(1) An ISO 11143 certified amalgam separator device or comparable device shall be installed for each dental vacuum suction system on or before one year of the effective date of this title provided, however, that all dental facilities that are newly constructed on and after the effective date of this sewer use ordinance shall include an installed ISO 11143 certified amalgam separator device. The installed device must be ISO 11143 certified as capable of removing a minimum of ninety-five percent of amalgam. The amalgam separator system shall be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. Neither the separator device nor the related plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 test methodology, a non-certified separator will be accepted, provided that smaller units from the same manufacturer and of the same technology are ISO-certified. Alternative materials and methods may be proposed to the city engineer for approval.

(2) Proof of certification and installation records shall be submitted to the city engineer within thirty days of installation.

(3) Amalgam separators shall be maintained in accordance with manufacturer's recommendations. Installation, certification, and maintenance records shall be available for immediate inspection upon request by the city engineer during normal business hours.

(C) Facilities with vacuum suction systems that meet all of the following conditions may apply to the city engineer for an exemption to the requirements of paragraph (B), above:

(1) The system was installed before the effective date of this title.

(2) The system is a dry vacuum pump system with an air-water separator.

(3) The sedimentation tank is non-bottom draining, with the drain above the anticipated maximum level of accumulated sludge.

(4) Evidence of regular pump outs (a minimum of once a year, or more often if either directed by the manufacturer or necessary to keep solids from exiting through the drain) is maintained and open to inspection by the city engineer during normal business hours.

(5) The system has no direct discharge pipe to the sewer on the bottom of the sedimentation tank.

An owner or operator whose facility meets all five conditions in this subdivision may apply for an exemption by written letter to the city engineer. The city engineer will review the system and, if the exemption is approved, shall provide a written letter of exemption. An exemption obtained pursuant to this subdivision section shall expire upon installation of a new vacuum system. Upon expiration of the exemption, the facility shall comply with paragraph (B) of this section before commencing further operation.

(D) The following types of dental practice are exempt from this Section, provided that removal or placement of amalgam fillings occurs at the facility no more than three days per year: orthodontics, periodontics, oral and maxillofacial surgery, radiology, oral pathology or oral medicine, and endodontistry and prosthodontistry.

(Ord. No. 834, § 8, 2-22-2011)

The city engineer shall have the right to enter the premises of any user announced or unannounced, to determine whether the user is complying with all requirements of city ordinances and any wastewater discharge permit or order issued hereunder. Users shall allow the city engineer 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. Any entry upon private property shall be in accordance with Section 13.52.135 of this ordinance.

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

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

(C) If deemed necessary by the city engineer, the city engineer may require the industrial user to install sampling and monitoring equipment. 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 expense. the city engineer may require the installation of such facilities on the premises of the user at a location that will be accessible to the city engineer at all times. All devices used to measure wastewater flow and quality shall be calibrated and certified periodically to ensure their accuracy.

(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 city engineer and shall not be replaced. The costs of clearing such access shall be the responsibility of the user.

(E) When the owner of premises fails to comply with an order to cease and desist, allowing the entrance of surface or subsurface drainage water from the owner's premise to the city sewer system, the city engineer shall have the right to enter the premises and to block the flow of drainage water.

(F) Unreasonable delays in allowing the city engineer access to the user's premises shall be a violation of this sewer use ordinance.

(Ord. No. 834, § 8, 2-22-2011)

Sewage and industrial wastewater flows from nonresidential and industrial users not required to install control manholes shall be determined as follows:

(A) For premises where no significant portion of the water received from any source is consumed in the principal activity of the user, or is removed from the premises by means other than the city sewerage system, the volume of waste flow shall be equal to the total volume of water used from all sources. Water received from each source shall be determined by the registration shown in the corresponding water meter. When required by the city engineer, unmetered water sources shall be equipped with meters at the user's expense. Size and type of water meters and frequency of testing shall be as specified in the sewer use permit.

(B) For premises where a portion of the water received from any source does not flow into the sewerage system, either because of the principal activity of the user or because of its removal by other means, the volume of waste flow shall be equal to the volume of water used from all sources less the volume of water removed by the user's activity. Water received from each source, as well as water removed, shall be determined by the registration shown in the corresponding water meters or by other means approved by the city engineer. Unmetered water removals shall be equipped with meters at the user's expense. Size and type of water meters and frequency of testing shall be as specified in the sewer use permit.

(C) All meters required in subsections (A) and (B) of this Section shall be installed in accordance with city standards at the user's expense. Existing private meters installed by the user prior to the effective date of the ordinance shall continue in service until they are required to be replaced. A monthly service charge may be assessed to the user to cover city meter reading and maintenance costs.

(Ord. No. 834, § 8, 2-22-2011)

Written reports will be deemed to have been submitted on the date postmarked. For reports that are not mailed, the date of receipt of the report will govern.

(Ord. No. 834, § 8, 2-22-2011)

Users subject to the reporting requirements of this sewer use ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this sewer use ordinance and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records will include the date, precise location, 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 must be retained for a period of at least five years. This period will 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 city engineer.

(Ord. No. 834, § 8, 2-22-2011)

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the city engineer's inspection and sampling activities, shall be available to the public in accordance with state law. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR Part 2.302 will not be recognized as confidential information and will be available to the public without restriction.

(Ord. No. 834, § 8, 2-22-2011)