San Fernando Municipal Code Div. 3 Industrial Wastes

Subject to certain changes, deletions, and amendments, as set forth in this division, division 2 of title 20 of the Los Angeles County Code (referred to in this division as "code"), entitled "Sanitary Sewers and Industrial Waste," is adopted as the sanitary sewers and industrial waste regulations for the city. The code is made a part of this division as if set forth in full in this article.

(Code 1957, § 22A.30)

For purposes of this article and whenever the context so dictates, references in the code adopted in section 94-101 to county officials and entities shall be amended to substitute city equivalents thereto wherever they may appear. For example, the term "City of San Fernando" shall be substituted for the term "County of Los Angeles"; the term "city" shall be substituted for the term "county"; the term "city council" shall be substituted for the term "board of supervisors"; and the term "city director of public works" shall be substituted for the term "county engineer."

(Code 1957, § 22A.32)

The sections of the code adopted by section 94-101 are amended, as designated, to read as follows:

Section 20.20.361 is deleted.

Notwithstanding any sections of the code adopted by section 94-101 to the contrary:

Any industrial wastewater discharger who discharges or causes the discharge of prohibited wastewaters which cause damage to city facilities, detrimental effects on treatment processes or any other damages to the city shall be liable to the city for all damages occasioned thereby, including any penalty assessed against the city pursuant to federal law and as a result of such prohibited discharge.

Section 20.24.100 Administration is amended to read as follows:

Except as otherwise provided herein, the city engineer shall administer, implement, and enforce the provisions of these regulations. Any powers granted or duties imposed upon the city engineer may be delegated by the city engineer to persons acting in the beneficial interest of or in the employment of the city.

Section 20.24.190 Availability of city facilities is amended to read as follows:

If sewerage capacity is not available, the city may require the industrial wastewater discharger to restrict discharge until sufficient capacity can be made available. When requested, the city will advise persons desiring to locate new facilities as to the areas where industrial wastewater of their proposed quantity and quality can be received by available sewerage facilities. The city may refuse service to persons locating facilities in areas where their proposed quantity or quality of industrial wastewater is unacceptable in the available sewerage facility.

Section 20.24.220 Industrial wastewater user charges is added to read as follows:

A system of user charges shall be established by the city council to reflect fair and equitable charges for actual usage of sewer facilities. Such charges shall be based upon yearly volume, chemical oxygen demand (COD), suspended solids, and such other parameters or constituents that may be determined by the city engineer to create a burden upon the sewer system.

Section 20.24.230 Industry classifications is added to read as follows:

The city engineer may classify discharges by industrial categories and establish average industrial wastewater flow quantity and quality for each industrial category.

Section 20.24.240 Discrepancies between actual and reported effluent quantities is added to read as follows:

Should measurements of other investigations indicate that the industrial wastewater discharger has discharged industrial wastewater, chemical oxygen demand, suspended solids or other wastewater constituents at rates or in quantities in excess of those stated by the discharger on any report establishing the basis for industrial wastewater treatment and disposal charges, the city engineer shall notify the discharger and require that the discharger furnish all information in his possession relevant to the apparent discrepancy.

If, after making proper allowance for relevant factors, the city engineer is unable to resolve the discrepancy, he shall make a determination of the amount of any supplemental charges due to the city together with interest and penalty charges due thereon and shall notify the discharger of this supplemental charge. All costs of additional flow metering, sampling, and analyses performed by city shall be paid for by the discharger.

Section 20.28.020 Fees, records and charges is amended to read as follows:

The city clerk shall keep a permanent and accurate account of all fees and charges received under these regulations, containing the names and addresses of the persons on whose accounts the fees and charges were paid, the date and amount thereof, and the purpose for which charges were paid.

Section 20.28.040 is deleted.

Section 20.28.050 is deleted.

Section 20.28.060 is deleted.

Section 20.28.070 is deleted and Section 20.28.070 Refund procedures is added to read as follows:

A. In the event that any person shall have paid a fee as required under the sections set forth below and no work or processing has been done on these functions by the county engineer and the project has been formally abandoned or canceled, such person, upon presentation to the county engineer of a request in writing, on special provided forms, shall be entitled to a refund in an amount equal to 80 percent of the fee actually paid:

Section 20.36.031 Manholes, opening or entering prohibited is amended to read as follows:

An unauthorized person shall not open or enter, or cause to be opened or entered, for any purpose whatsoever, any manhole in any public sewer without a permit from the city engineer.

Section 20.36.136 Self-monitoring; effluent violation is amended to read as follows:

If sampling performed by any permittee indicates a violation, the permittee shall notify the city engineer within 24 hours of becoming aware or should have become aware of the violation. The permittee shall also repeat the sampling and analysis and submit the results of the repeat analysis to the director within 30 days after becoming aware of the violation.

Section 20.36.137 Analytical requirements is amended to read as follows:

All pollutant analyses, including sampling techniques, to be submitted as required by the city engineer, by permit or otherwise shall be performed in accordance with the techniques prescribed in 40 CFR 136 or, if 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, in accordance with procedures approved by the EPA and the director.

Section 20.36.185 Failure to comply, is added to read as follows:

In the event of a failure of the discharger to comply voluntarily with the suspension order, the city engineer may take such steps as are reasonably necessary to ensure compliance. These include, but are not limited to, immediate blockage or disconnection of the discharger's connection to the POTW.

Section 20.36.195 Request for hearing is added to read as follows:

Filing of such a request shall not stay a suspension. In the event of hearing requests, the city council shall hold a hearing on the suspension within 14 days of receipt of the request. At the close of the hearing the city council shall make its determination whether to terminate or conditionally terminate the suspension imposed by the city engineer, or the city council may cause the permit to be revoked. Reasonable notice of the hearing shall be given to the suspended discharger. At this hearing the suspended discharger may appear personally or through counsel, cross examine witnesses, and present evidence in his own behalf.

In the event that the city council fails to meet within the time set forth above or fails to make a determination within 72 hours after the close of the hearing, the order of suspension shall be stayed until a city council determination is made with respect to the action of the city engineer.

Section 20.36.210 Revocation of permit is amended to read as follows:

The city may revoke an industrial wastewater permit upon a finding that the discharger has violated any provision of this section or the city's rules and regulations. No revocation shall be ordered until a notice and hearing on the questions has been held by the city council. At this hearing, the discharger may appear personally or through counsel, cross examine witnesses, and present evidence in his own behalf. Notice of the hearing shall be given to the discharger at least 15 days prior to the date of hearing.

Any discharger whose industrial wastewater permit has been revoked shall immediately cease and desist all discharge of any industrial waste covered by the permit. The city engineer may disconnect or permanently block the discharger's connection, if such action is necessary, to ensure compliance with the order of revocation.

After revocation of a discharger's industrial waste permit, there shall be no further discharge of industrial wastewater by that discharger into the POTW, the storm drain system, or the waters of the state unless there has been a new application filed, all fees and charges that would be required upon an initial application and all delinquent fees, charges, penalties and other sums owed by the discharger and/or the applicant to the city have been paid to the city, and a new industrial wastewater permit has been issued. Any costs incurred by the city, including administrative costs and investigative fees, in revoking the permit and disconnecting the connection if necessary, shall also be paid for by the discharger before issuance of a new industrial wastewater permit.

Section 20.36.225 Additional emergency remedial measures is added to read as follows:

The city engineer shall have full power and authority to take any necessary precautions, including but not limited to decontamination, sewer closure, packaging, diking, and transportation of materials, in order to protect life, protect property, or prevent further damage resulting from a condition that is likely to result in a discharge which presents an imminent hazard to the public health, safety or welfare; or which either singly or by interaction with other discharges, is an imminent hazard to the POTW; or which places the city in violation of its NPDES permit. In the pursuit of such an operation, city personnel, any party contracting with the city, or duly authorized representative of another government agency shall have immediate access to the premises. The city engineer may prohibit approach to the scene of such emergency by any person, vehicle, vessel or thing, and all persons not actually employed in the extinguishment of the condition or the preservation of lives and property in the vicinity thereof.

Section 20.36.230 Industrial waste disposal permit, application fee schedule is amended to read as follows:

The director shall collect a permit application fee for each application received. Such fee shall be separate and apart from any fee or deposit collected for industrial waste plan review or imposed under provisions of the plumbing code, or other city ordinance or regulations, or by reason of any license, agreement or contract between the applicant and other public agency. Such application fee shall not be refundable even though the application be denied except as provided in section 20.28.070.

The city council, by resolution, shall establish, and may from time to time adjust or otherwise amend, a schedule of fees imposed pursuant to this section. Notwithstanding the foregoing, no fee set forth in the adopted fee schedule shall exceed the reasonable estimated cost of providing the services for which the fee is imposed.

Section 20.36.245 Industrial waste plan review, fee schedule is amended to read as follows:

A. The director shall collect a plan review fee for each set of plans received for any single site or location. Such fee shall be separate and apart from any fee or deposit collected for any permit or inspection or imposed by any other county ordinance or regulation. Such plan review fee shall be applied to any submittal required by the director pursuant to this division 2 and shall not be refundable even though the submittal be rejected or the project terminated except as provided in section 20.28.070.

The city council, by resolution, shall establish, and may from time to time adjust or otherwise amend, a schedule of fees imposed pursuant to this section. Notwithstanding the foregoing, no fee set forth in the adopted fee schedule shall exceed the reasonable estimated cost of providing the services for which the fee is imposed.

B. The director may impose a reinstatement fee of one-half of the plan review fee if the applicant fails to correct any plans or submittal upon written notice of correction or request for additional information by the director after three attempts have been made to gain such correction.

Section 20.36.250 Annual inspection fee; scheduling and billing is amended to read as follows:

A. For each industrial waste disposal permit issued by the director, an annual inspection fee shall be due and payable to the City annually, in advance, on a billing date to be determined by the director.

The city council, by resolution, shall establish, and may from time to time adjust or otherwise amend, a schedule of fees imposed pursuant to this section. Notwithstanding the foregoing, no fee set forth in the adopted fee schedule shall exceed the reasonable estimated cost of providing the services for which the fee is imposed.

B. Immediately upon issuance of a new permit, the permittee shall be billed a percentage of the inspection fee, determined by the days remaining in the billing period, as scheduled below:

C. The annual inspection fee shall be increased by an amount to be determined by resolution of the city council for each approved rainwater diversion system.

Section 20.36.265 Wastewater sampling and analysis fee is amended to read as follows:

The director may charge the discharger a fee, to be determined by resolution of the city council, for each analysis performed by or on behalf of the director on wastewater samples taken from the discharger.

Section 20.36.270 Miscellaneous services fees is amended to read as follows:

The following services shall have fees which shall be paid before a review is made, approval is granted, inspection is made, operation is allowed or remedial action is implemented:

D. Table II - Services

Inspection of pretreatment facility pursuant to section 20.36.220

Review of site remedial investigation and cleanup plan to correct unauthorized release of industrial waste, initial deposit

Additional site remedial investigation and cleanup plan review and approval, per hour

Inspections outside of normal business hours, per hour

Inspections for which no fee is specifically indicated

Additional plan review or revisions of previously approved plans, per hour

Collection of wastewater samples

The city council, by resolution, shall establish, and may from time to time adjust or otherwise amend, a schedule of fees imposed pursuant to this section. Notwithstanding the foregoing, no fee set forth in the adopted fee schedule shall exceed the reasonable estimated cost of providing the services for which the fee is imposed.

Section 20.36.295 Annual review of fees is amended to read as follows:

The amount of fees in this chapter may be adjusted from time to time on an as-needed basis by resolution of the city council. Notwithstanding the foregoing, no such adjustment shall decrease any fee, and further, no fee shall exceed the reasonable estimated cost of providing the services for which the fee is collected.

Section 20.36.405 Discharge prohibitions is added to read as follows:

A. Except as expressly allowed in an industrial waste discharge permit, no person shall discharge, permit the discharge, cause the discharge or contribute to the discharge of the following to the POTW, the storm drain systems or waters of the state:

(1) Gasoline, mercury, total identifiable chlorinated hydrocarbons, kerosene, naphtha, benzene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, solvents, pesticides, or jet fuel.

(2) Any liquids, solids or gasses which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the municipal wastewater system. Included in this prohibition are wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius). At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system or at any point in the system be more than five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter.

(3) Any waste containing toxic or poisonous solids, liquids or gasses in such quantities that, alone or in combination with other waste substances, may create a hazard for humans, animals or the local environment; interfere detrimentally with wastewater treatment processes; cause a public nuisance; or cause any hazardous condition to occur in the sewer system.

(4) Any waste having a pH less than 5.5 or more than 11.0, or having any corrosive or detrimental characteristic that may cause injury to wastewater treatment or maintenance personnel or may cause damage to structures equipment or other physical facilities of the sewer system.

(5) Any solids or viscous substances of such size or in such quantity that they may cause obstruction to flow in the POTW resulting in interference or be detrimental to proper wastewater treatment plant operations. These objectionable substances include, but are not limited to, asphalt, dead animals, ashes, sand, mud, straw, industrial process shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, bones, hair and fleshings, entrails, paper dishes, paper cups, milk containers, or other similar paper products, either whole or ground.

(6) Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, cooling water and unpolluted industrial wastewater, unless specifically authorized by the city engineer.

(7) Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations.

(8) Any excessive amounts of petroleum or mineral based cutting oils, commonly called soluble oil, and which form persistent water emulsions.

(9) Any dispersed biodegradable oils, fats and greases, such as lard, tallow or vegetable oil in excessive concentrations that would tend to cause adverse effects on the sewer system.

(10) Any waste with an excessively high concentration of cyanide.

(11) Any unreasonably large amounts of undissolved or dissolved solids.

(12) Any wastes containing dissolved sulfides above a concentration of 0.1 milligram/liter.

(13) Any pollutants which result in the presence of toxic gases, vapors or fumes within the system in a quantity that may cause worker health and safety problems.

(14) Any wastes requiring an excessive quantity of chlorine or other chemical compound used for disinfection purposes.

(15) Any excessive amounts of chlorinated hydrocarbon or organic phosphorous type compounds.

(16) excessive amounts of deionized water, steam condensate or distilled water.

(17) Any waste containing substances that may precipitate, solidify or become viscous at temperatures between 50 degrees Fahrenheit and 100 degrees Fahrenheit.

(18) Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plants effluent thereby violating the city's NPDES permits.

(19) Any garbage or waste that is not ground sufficiently to pass through a three-eighths-inch screen.

(20) Any wastes containing excessive quantities of iron, boron, chromium, phenols, plastic, resins, copper, nickel, zinc, silver, lead, mercury, cadmium, selenium, arsenic or any other objectionable materials toxic to humans, animals, the local environment or to biological or other wastewater treatment processes.

(21) Any blow-down or bleed water from cooling towers or other evaporative coolers exceeding one-third of the makeup water.

(22) Any single pass cooling water.

(23) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the city engineer in compliance with applicable state or federal regulations.

(24) Recognizable portions of the human or animal anatomy.

(25) Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the municipal wastewater system.

(26) Any sludges, screenings, or other residues from the pretreatment of industrial wastes.

(27) Any medical wastes, except as specifically authorized by the city engineer in a wastewater permit.

(28) Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes that interfere with the municipal wastewater system.

(29) Any material identified as hazardous waste according to 40 CFR 261 except as may be specifically authorized by the city engineer.

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

(31) Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case effluent exceeding a temperature of 140 degrees Fahrenheit or which exceed 104 degrees Fahrenheit at the point of entry into the POTW treatment plant.

(32) Petroleum, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.

(33) Pollutants which result in the presence of toxic gasses, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

(34) Any trucked or hauled pollutants, except at discharge points designated by the city engineer.

(35) Floatable material which is readily removable.

(36) Any substance which may cause the treatment plan effluent or any other residues, sludges, or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the system cause the city to be in noncompliance with sludge use or disposal regulations or permits issued under section 405 of the act; the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or other state requirements applicable to the sludge use and disposal practices being used by the city.

(37) Any wastewater containing pollutants in sufficient quantity (flow or concentration), either singly or by interaction with other pollutants, to pass through or interfere with the municipal wastewater system, any wastewater treatment or sludge process, or constitute a hazard to humans, animals, plant or fish life or to exceed any limitation set forth to this section.

B. Wastes prohibited by this section shall not be processed or stored in such a manner that these wastes could be discharged to the municipal wastewater system. All floor drains located in process or materials storage areas must discharge to the industrial user's pretreatment facility before connecting with the system.

C. The city may, from time to time, establish or revise by resolution, quantitative limitations with respect to the wastes referred to in this section. Such limitations shall be designed to bring the city into compliance with applicable state and federal requirements.

D. Hospital wastes. Hospitals, clinics, offices of medical doctors, and convalescent homes:

(1) May discharge, through a city-approved grinder installation with inlet size and design features suitable for its intended use and so constructed that all particles pass through a maximum three-eighths-inch opening, wastes of the following categories:

a. Wet organic kitchen wastes from food preparation and disposal but excluding all paper and plastic items.

b. Disposable hypodermic needles, syringes and associated articles following their use.

c. Infectious wastes, defined as:

i. Laboratory and surgical operating room wastes except as excluded in subsection (2)(b) below.

ii. Wastes from outpatient areas and emergency rooms similar to those included in subsection (i) above.

iii. Equipment, instruments, utensils, and other materials of a disposable nature that may harbor or transmit pathogenic organisms and that are used in the rooms of patients having a suspected or diagnosed communicable disease which by the nature of the disease is required to be isolated by public health agencies.

(2) Shall not discharge to the sewer by any means:

a. Solid wastes generated in the rooms of patients who are isolated because of a suspected or diagnosed communicable disease.

b. Recognizable portions of the human anatomy.

c. Wastes excluded by other provisions of these regulations except as specifically permitted in subsection (1) above.

d. All solid wastes not included in subsection (1) above.

Nothing in this section shall be construed to limit the authority of the health officer of Los Angeles County to define wastes as being infectious and, with the concurrence of the city engineer, to require that they be discharged to the sewer.

Section 20.36.406 Specific pollutant limitations is added to read as follows:

The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following instantaneous maximum allowable discharge limits:

All concentrations for metallic substances are for "total" metals. Compliance with all parameters may be determined from a single grab sample as well as composite sampling.

Section 20.36.407 City's right of revision is added to read as follows:

The city reserves the right to establish, by ordinance or in wastewater permits, more stringent limitations or requirements on discharges to the city's sanitary sewer system if deemed necessary to comply with the objective of this code.

(Code 1957, §§ 22A.31—22A.60; Ord. No. 1633, § 2, 7-21-2014; Ord. No. 1679, §§ 3, 4, 8-6-2018)

Any person violating any of the sections of this division shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in section 1-10.

(Code 1957, § 22A.61)

The city may contract for inspection and/or enforcement services with any governmental or private entity to implement and enforce this division and rules and regulations adopted pursuant to this division.

(Code 1957, § 22A.62)