San Jose Municipal Code Part 3 Sewer Use Regulations

No person shall discharge any substances directly into a manhole or other opening in a city sewer, other than through a city-approved sewer connection.

(Ord. 24800.)

A. No person shall, and it is unlawful to, discharge any sewage, industrial waste or other polluted waters into any storm sewer or natural outlet or channel without a valid National Pollutant Discharge Elimination System (NPDES) permit.

B. No person shall, and it is unlawful to, place, leave, abandon, or maintain sewage, industrial wastes, or other pollutant where it is likely to enter any storm sewer system, natural outlet, or channel without a valid National Pollutant Discharge Elimination System (NPDES) permit.

(Ords. 24800, 30906.)

No person shall discharge, cause, allow or permit any trucked or hauled waste to be discharged into the sanitary sewer system, except at a site specifically designated in a wastewater discharge permit issued pursuant to this chapter or a receiving station permit issued pursuant to Chapter 9.08 of this Code.

(Ords. 24800, 28179.)

A. Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter into either the storm sewer or sanitary sewer systems.

B. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the industrial user's expense.

C. All industrial users shall notify the environmental services department by telephone or in person within one hour of becoming aware of accidentally discharging wastes of reportable quantities as determined in 40 CFR 117 or discharge of any substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261, to enable countermeasures to be taken by the city to minimize damage to the sanitary sewer system, plant, treatment processes, and the receiving waters. If hazardous waste is discharged, industrial user shall be subject to all requirements in 40 CFR 403.12(p).

D. Telephone notification shall be followed, within five days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrences.

E. Notification to the city will not relieve industrial users of notification requirements under any other federal, state or local law, nor of liability for any expense, loss or damage to the sanitary sewer system, Plant or treatment process or receiving waters or for any fines or penalties imposed on the city on account thereof under applicable provisions of state or federal law.

F. All permitted facilities must maintain a spill control plan for protection against accidental discharges, including but not limited to, berming of chemicals and waste materials. The review of such plans and procedures shall not relieve the industrial user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this Code or other state or federal regulations.

G. This plan must be reviewed and revised as needed within thirty days after an accidental discharge has occurred or as required by the director.

(Ords. 24800, 28179.)

Each owner or operator shall, at the owner's or operator's own expense, provide such treatment or take such other measures, as the Director may require to prevent accidental discharge, reduce objectionable characteristics, contents, or rate of discharge of waters or wastes being deposited in the sanitary sewer system to prevent damage to or interference with the sanitary sewer system.

(Ords. 24800, 28179, 30614.)

A. The director may require any discharger to the sanitary sewer system to construct, at the discharger's own expense and at an approved location, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems.

B. The monitoring facilities, sampling, and measurement equipment and access thereto shall be maintained at all times in a safe and proper operating condition at the expense of the discharger.

C. Any required monitoring facilities shall be specified in the wastewater discharge permit issued pursuant to this chapter.

D. Dischargers shall retain sufficient wastewater in their sample box at all times to allow sample collection representative of the last wastewater discharge.

(Ords. 24800, 28179.)

A. No person shall discharge, cause, allow or permit any storm water, surface water, ground water, subsurface drainage or roof water to be discharged into the sanitary sewer system or any part thereof without a wastewater discharge permit or prior authorization from the Director.

B. A wastewater discharge permit for the discharge of ground water, subsurface drainage, surface water, roof water, or storm water shall only be issued if there is no reasonable alternative method for disposal of such water.

C. If permitted, discharge of ground water, subsurface drainage, surface water, roof water, or storm water shall be subject to all applicable requirements of this Chapter 15.14, including but not limited to the payment of applicable permit fees and such terms and conditions as the Director may impose on the wastewater discharge permit.

(Ords. 24800, 29038, 30614.)

No person shall discharge, cause, allow, or permit to be discharged, thrown, or deposited into the sanitary sewer system or any part thereof, or into any plumbing fixture or private sewer or drain connected either directly or indirectly to the sanitary sewer system, any substance of any kind whatsoever tending to obstruct or injure the sanitary sewer system, or to cause a nuisance or hazard, or which will in any manner interfere with the proper operation or maintenance of the sanitary sewer system.

(Ord. 24800.)

No person shall discharge, cause, allow, or permit to be discharged into the sanitary sewer system, any wastewater containing any flammable liquid, solid, vapor, or gas or other substance, including but not limited to any substance having a closed cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees centigrade, using the latest test methods specified in 40 CFR 261.21.

(Ord. 24800.)

No person shall discharge, cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any liquid, solid, vapor, gas, or thing having or developing a temperature of one hundred fifty degrees Fahrenheit or more, or which may cause the temperature at the plant to exceed one hundred four degrees Fahrenheit.

(Ord. 24800.)

A. No person shall discharge, cause, allow, or permit to be discharged into the sanitary sewer system any liquid or other waste containing grease in excess of one hundred fifty (150) parts per million by weight.

B. No person shall discharge, cause, allow, or permit any grease discharge from a food service establishment into the sanitary sewer system, unless such discharge has first been processed through an approved grease control device.

C. No person shall discharge, cause, allow, or permit to be discharged any yellow grease, or any waste or material mixed with yellow grease, into the sanitary sewer system from a food service establishment. No yellow grease from a food service establishment shall be mixed with grease trap or grease interceptor waste.

D. Any industrial user that violates the grease limit shall resample and submit reports for all pollutants in violation of any applicable permit limits or any other pollutants as required by the Director within thirty (30) days of becoming aware of the violations.

(Ords. 24800, 28537, 30614.)

No person shall discharge, deposit, throw, or cause to be discharged, deposited, or thrown into the sanitary sewer system or any part thereof, any ashes, cinders, pulp, paper, sand, cement, mud, straw, shavings, metal, glass, rags, feathers, tar, asphalt, resins, plastics, wood, animal hair, paunch manure, or any heavy solid or viscous substance capable of causing obstruction to the flow in the sanitary sewer system or any part thereof, or which would interfere with the proper operation of the plant or the treatment of sanitary sewage or industrial waste.

(Ord. 24800.)

A. No person shall discharge, cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any liquid, solid, vapor, gas, or thing having a pH lower than six (6) or equal to or greater than twelve and one-half (12.5) or having any other corrosive property capable of causing damage or hazard to the sanitary sewer system or any part thereof, or to any personnel operating, maintaining, repairing, or constructing said sanitary sewer system or any part thereof, or working in or about the sanitary sewer system.

B. Any industrial user that violates any of the corrosive matter limits shall resample and submit sample reports for all pollutants in violation of any applicable permit limits or any other pollutants as required by the Director within thirty (30) days of becoming aware of the violation.

(Ords. 24800, 29038, 30614.)

No person shall discharge, cause, allow, or permit to be discharged into the sanitary sewer system any substance of any kind whatsoever which results in the presence of toxic gases, vapors or fumes within the sanitary sewer system in a quantity that may cause acute health and/or safety problems for workers in the sanitary sewer system.

(Ord. 24800.)

A. No person shall discharge, cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any industrial waste containing any of the following toxic substances exceeding the concentrations set forth below:

B. No person shall discharge, cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any toxic or poisonous substances or any other pollutant, including biochemical oxygen demand, in sufficient quantity to injure or cause an interference with the sewage treatment process or pass through the plant, or in sufficient quantity to constitute a hazard to humans or animals, or in sufficient quantity to create a hazard for humans, or aquatic life in any waters receiving effluent from the sanitary sewer system, or which may create a hazard in the use or disposal of sewage sludge.

C. All samples, including grab and composite, may be used to evaluate compliance with the above limits.

D. Any industrial user that violates any of the interfering substances limits must resample and submit sample reports for all pollutants in violation of any applicable permit limits or any other pollutants as required by the Director within thirty (30) days of becoming aware of the violation.

(Ords. 24800, 28179, 30614.)

No industrial user shall ever increase the use of process water, or in any way use diluting waters as a partial or complete substitute for adequate treatment, or to meet local limits or achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement.

(Ords. 24800, 29038.)

No person shall discharge, cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any liquid containing suspended solids or dissolved matter of such character and quantity that unusual attention or expense is required to handle, process or treat such matter at the plant.

(Ord. 24800.)

No person shall discharge, cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any solid, liquid, vapor, gas, or thing which is so malodorous or noxious that their discharge into the sanitary sewer system would cause a public nuisance.

(Ord. 24800.)

No person shall discharge, cause, allow or permit to be discharged, any radioactive waste into the sewerage system, except, that:

A. Persons authorized to use radioactive materials by the state department of health or other governmental agency empowered to regulate the use of radioactive materials may discharge, cause to be discharged, or permit to be discharged such wastes, provided that such wastes are discharged in strict conformance with the California radiation control regulations (California Code of Regulations, Title 17, Chapter 5, Subchapter 4), and federal regulations and recommendations for safe disposal of such wastes; and

B. The person so acting does so in compliance with all applicable rules and regulations of all other regulatory agencies having jurisdiction over such discharges.

(Ord. 24800.)

No person shall discharge, cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions.

(Ord. 24800.)

A. No person shall discharge, deposit, or throw, or cause, allow or permit to be discharged, deposited, or thrown into the sanitary sewer system, or any part thereof, any garbage, or any fruit, vegetable, animal or other solid material from any food-processing plant or other industrial plant or retail grocery store, irrespective of whether or not it shall have been first passed through a mechanical grinder.

B. No person shall install, operate, use or maintain upon the premises of any food-processing plant, or any other industrial plant or retail grocery store, any mechanical grinder or waste grinder that is connected directly or indirectly to the sanitary sewer system, or any part thereof.

C. No person shall discharge, deposit, throw, or cause, allow or permit to be discharged, deposited, or thrown into the sanitary sewer system or any part thereof, any garbage or fruit, vegetable, animal or other solid kitchen waste material resulting from the preparation of any food or drinks, in any dwelling, restaurant, or eating establishment, unless the same shall have first been passed through a mechanical garbage or waste grinder in conformance with the provisions of the plumbing and electrical code of the city.

(Ord. 24800.)

A. Any food service establishment, or other type of business or establishment where grease or other viscous, obstructing, or objectionable materials may be discharged into a public or private sewage main or disposal system, shall have a grease control device and related plumbing of a size and design approved by the director.

1. Grease interceptors shall meet the following minimum requirements:

a. Designed retention time of no less than thirty minutes.

b. The effluent from the device must flow through an approved sample box.

c. Installed per manufacturer's specifications.

d. At least two manholes, situated so all standpipes can be fully observed, and all internal surfaces can be reached, without confined space entry.

e. Double-sweep clean-outs, on the interceptor inlet, and sample box outlet.

f. Shall meet the specifications and be constructed in accordance with the applicable provisions of Chapter 24.04.

2. Grease traps shall meet the following minimum requirements:

a. No injection ports for chemicals or bacteria.

b. Installed per manufacturer's specifications.

c. Appropriate flow restrictors, whether integral or external to the device, must be installed.

d. Shall meet the specifications and be constructed in accordance with the applicable provisions of Chapter 24.04.

3. Mechanical grease removal devices shall be installed in accordance with manufacturers' specifications.

B. Each grease control device shall be so installed and connected that it shall be at all times easily accessible for visual inspection, sampling, cleaning and removal of grease, and other matter from all surfaces.

C. A grease control device shall be situated on the discharger's premises, except when such a location would be impractical or cause undue hardship on the discharger, the city may issue an encroachment permit to allow the grease control device to be installed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

D. Waste discharged from fixtures and equipment in establishments which may contain grease or other objectionable materials including, but not limited to, scullery sinks, pot and pan sinks, dishwashers, food waste disposals, soup kettles, and floor drains located in areas where such objectionable materials may exist, may be drained into the sanitary sewer through the grease control device if approved by the director provided, however, that toilets, urinals, wash basins, and other fixtures containing fecal material shall not flow through the grease control device.

(Ords. 24800, 28537.)

A. No person shall discharge, cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any garbage, or any fruit, vegetable, animal, or other solid industrial wastes resulting from the processing, packaging, or canning of fruits, vegetables, or other foods or products, unless such wastes have first been passed through screens having openings not exceeding one-thirty-second of an inch in dimension.

B. The director may authorize, in writing, the discharge into the sanitary sewer system of such wastes if they are first passed through screens having larger openings, if the director is satisfied that such larger openings will provide screening efficiency and effectiveness equal to or better than that provided by the above-specified openings of one-thirty-second of an inch in diameter.

C. Each person who discharges, causes, allows, or permits to be discharged into the sanitary sewer system or any part thereof, any such wastes shall install and maintain in good operating order, screens as hereinabove specified and appurtenances thereto, including but not limited to all necessary conveyors and elevators, all in sufficient quantity and of sufficient size and quality to continuously and effectively screen not less than one hundred percent of the peak hydraulic and solids loading imposed on such screens and appurtenances during any processing period.

D. No person shall discharge any such screened wastes into the sanitary sewer system, or any part of the system, unless and until he or she has obtained a wastewater discharge permit pursuant to this Chapter 15.14 granting approval to do so. The director may require such person to provide to the director a report prepared by a registered professional engineer which shows, to the satisfaction of the director, that the provisions of this section have been complied with, before the wastewater discharge permit is granted.

(Ord. 24800.)

No person shall discharge, cause, allow, or permit fixer solution to be discharged into the sanitary sewer system without prior pretreatment to meet all applicable limits.

(Ord. 28536.)

A. Except as provided in Subsections B. and C. below, no person shall discharge, cause, allow or permit any discharge to the sanitary sewer system from a dental vacuum system, unless such discharge has first been processed through an amalgam separator.

B. For each dental vacuum system installed prior to July 1, 2009, an amalgam separator shall be installed on or before December 31, 2010. No dental vacuum system shall be installed on or after July 1, 2009 without an amalgam separator. Proof of certification and installation records shall be submitted to the Director within ninety (90) days of installation.

C. A dental vacuum system may be operated without an amalgam separator provided that the system is not used in connection with the removal or placement of fillings that contain dental amalgam, except in limited emergency or unplanned, unanticipated circumstances and the system is used exclusively by the following types of dental practices: (1) oral pathology, (2) oral and maxillofacial radiology, (3) oral and maxillofacial surgery, (4) orthodontics, (5) periodontics, or (6) prosthodontics.

D. Amalgam separators shall be maintained in accordance with manufacturer recommendations. Installation, certification, and maintenance records shall be maintained for minimum of five (5) years and available for immediate inspection upon request therefore by the Director or designee during normal business hours.

(Ords. 28536, 30614.)

A. Grease control devices shall be maintained in efficient operating condition by periodic removal of the accumulated grease. The use of chemicals, bacteria, enzymes, or other additives that have the effect of emulsifying or dissolving grease is prohibited unless specifically authorized by the director in writing. No accumulated grease shall be introduced into any drainage piping or public or private sewer.

B. Grease control devices shall be cleaned on a sufficient frequency to prevent objectionable odors, surcharge of the grease control device, or interference with the operation of the sanitary sewer system.

1. Grease traps shall be cleaned at least once every thirty days.

2. Grease interceptors shall be cleaned once every ninety days.

3. Mechanical grease removal devices must be maintained in a manner and frequency consistent with manufacturer specifications and guidance.

4. Grease control devices shall be cleaned when their last chamber is filled to twenty- five percent or more of capacity with grease or settled solids. Grease interceptors with a sample box shall be shall be cleaned immediately when grease is evident in the sample box.

5. Grease control devices shall be cleaned by being pumped dry and all accumulated sludge on all surfaces shall be removed by washing down the sides, baffles and tees. No water removed from the device during cleaning shall be returned to the grease control device.

C. The director may grant an exception to the requirements of Subsections B.1 and B.2 where the director finds, based on evidence presented by the discharger, that a less frequent cleaning schedule will be sufficient to assure that not more than twenty-five percent of the capacity of the grease control device will be filled with grease or settled solids.

D. All dischargers shall implement best management practices in their operations to minimize the discharge of grease to the sanitary sewer system.

E. Dischargers shall maintain records on site for a period of at least three years as follows:

1. Dischargers with an installed grease control device shall maintain records showing that the grease control device has been properly maintained and cleaned as required by Subsections A. and B.; and

2. Food service establishments shall maintain records showing the following related to all grease hauled off site: date and time material removed off site; volume removed; hauler name; truck license number, type of grease removed, and final destination of material collected.

F. Abandoned grease control devices shall be emptied and filled as required for abandoned septic tanks.

(Ord. 28537.)

The following circumstances may be raised as an affirmative defense to an action brought for noncompliance with categorical pretreatment standards:

A. The industrial user can demonstrate through properly signed, contemporaneous operating logs, or other relevant evidence that:

1. The industrial user can identify the cause(s) of the upset;

2. When the upset occurred, the facility was being operated in a prudent and workmanlike manner, and in compliance with applicable operation and maintenance procedures;

3. The industrial user has submitted the following information to the San José/Santa Clara Water Pollution Control Plant:

a. A description of the discharge to the San José/Santa Clara Water Pollution Control Plant and the cause of the noncompliance;

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

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

4. The industrial user shall report the information specified in Subsection A.3 to the director of environmental services or designee within twenty-four hours of becoming aware of the upset, and provide written notice within five days of becoming aware of the upset.

B. The industrial user seeking to establish the occurrence of an upset as an affirmative defense shall have the burden of proof.

C. The industrial user shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. The requirement under this section applies even in a situation where the primary source of power of the treatment facility is reduced, lost or fails.

(Ord. 29277.)

Editor's note— Ord. 28179, § 11, adopted December 4, 2007, repealed § 15.14.660, which pertained to group 1 dischargers - application for reclassification. See also the Code Comparative Table.

Editor's note— Ord. 28179, § 12, adopted December 4, 2007, repealed § 15.14.665, which pertained to group 2 dischargers - daily maximum average concentration limit. See also the Code Comparative Table.

Editor's note— Ord. 28179, § 13, adopted December 4, 2007, repealed § 15.14.670, which pertained to group 3 dischargers - best management practices. See also the Code Comparative Table.

All industrial users subject to the reporting requirements of this chapter shall retain and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, and any additional records of information obtained pursuant to monitoring activities undertaken by the industrial user independent of such requirements. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any enforcement action concerning the industrial user, or where the industrial user has been specifically notified of a longer retention period by the director.

(Ord. 24800, 28179.)

No industrial user shall discharge, cause, allow or permit a discharge, into the sanitary sewer system in violation of any federal or state regulation regulating discharges by such users, including but not limited to the Federal Pretreatment Regulations found in Title 40 of the Code of Federal Regulations.

(Ord. 24800.)

A. It shall be unlawful to make any false statement, representation, record, report, plan or other document or to tamper with or render inaccurate or divert flow from any monitoring device or equipment installed or operated pursuant to this chapter or of any permit issued under this chapter.

B. In addition to any other punishment or remedy provided by law, any such falsification or tampering shall be grounds for revocation of any permit issued under this chapter.

(Ord. 24800.)

A. The Director and other duly authorized employees and agents of the City bearing credentials and identification shall have the right to access upon all properties for the purpose of investigating compliance with all of the requirements of this Code, state, federal regulations, and any permit, and for inspecting any sewer or storm drain connection, including all discharge connections of roof and surface drains and plumbing fixtures; inspecting, observing, measuring, photographing, sampling, and testing the quality, consistency, and characteristics of sewage and industrial wastewaters being discharged into any public sewer or natural outlet; and inspecting and copying any records relating to quantity and quality of wastewater discharges, including but not limited to water usage and effluent discharged, chemical usage, and hazardous waste records.

B. It shall be unlawful to unreasonably obstruct, delay or interfere with the City access to the owner's and/or operator's premises.

C. The Director may terminate service or revoke the permit of any person who has unreasonably refused or delayed access to the City.

(Ords. 24800, 30614.)

A. Dischargers are subject to the reporting requirements as contained in Title 40 of the Code of Federal Regulations. The Director may require that any person connected to or discharging wastewater into the sanitary sewer system file additional periodic discharge reports or a zero-discharge report, including but not limited to the requirements contained in 40 CFR 403.12, or other applicable federal regulation.

B. The periodic discharge report may be required to include, but need not be limited to, nature of process, volume, rates of flow, mass emission rate, hours of operation, number of employees, hauling records, potential for slug discharge or other information which relates to the generation of waste, including wastewater constituents and characteristics in the wastewater discharge and the ability of the discharger to meet applicable discharge limits.

C. The zero-discharge report shall certify that the zero-discharge user does not discharge any process water to sanitary sewer, or for a zero-discharge categorical user does not discharge any categorical process water or ancillary process water to the designated zero discharge categorical sample point or into the sanitary sewer system. This report may be required to include, but need not be limited to, nature of process, hours of operation, number of employees, hauling records, or other information that relates to the generation of wastes.

D. The Director may also require such periodic discharge reports and zero discharge reports to include information concerning the chemical constituents and quantity of chemicals stored on-site, including waste hauling records or other information, which relates to the generation of wastes even though they may not normally be discharged.

E. In addition to discharge reports, the Director may require dischargers to submit such additional reports as may be necessary to allow the City to evaluate the discharger's ability to comply with this Chapter, including but not limited to best management practice or self-monitoring reports.

F. It shall be unlawful for any person who has discharged wastewater to the sanitary sewer system to refuse to file any report requested by the Director, to file an incomplete or inaccurate report, or to file any report or application after the due date specified by the Director.

G. Sampling and analysis shall be performed in accordance with federal regulations, including 40 CFR 403.12 and amendments thereto. Where federal regulation does not contain sampling or analytical methods for the pollutant in question, or where the Director determines that federal regulations are inappropriate for the pollutant in question, sampling and analysis shall be performed by using analytical methods validated by the Director.

(Ords. 24800, 28179, 29038, 29277, 30614.)

A. The Director may revoke any wastewater discharge permit, and/or terminate, or cause to be terminated wastewater service to any premises:

1. If a discharge of wastewater from the premises causes or threatens to cause a violation of any provision of this Chapter or of Chapters 12.04 through 12.16 or applicable local, state or federal regulations; or

2. If a discharge of wastewater from the premises causes or threatens to cause a condition of contamination, pollution, or nuisance; or

3. If a permittee violates any provision of this Chapter or of Chapters 12.04 through 12.16 or applicable local, state or federal regulations, or permit condition.

B. Written notice of the permit revocation or service termination, and a statement of the grounds therefor, shall be delivered to the discharger. The notice shall be effective ten (10) calendar days after it is served on the discharger, unless the Director determines that immediate permit revocation or suspension of service is necessary for the preservation of public health or safety or for the protection of public or private property. If the Director determines that immediate permit revocation or suspension of service is necessary, the Director may act to revoke the permit or suspend service immediately after written notice is delivered to the discharger.

C. It shall be unlawful for any person to discharge any material into the sanitary sewer system from any premises for which the permit has been revoked or wastewater service has been suspended or terminated.

(Ords. 24800, 30614.)

A. If the Director determines there is an imminent threat to the health, safety or welfare of the public as set out in Subsection B below, a permit may be summarily suspended for a period of time not to exceed thirty (30) days.

B. The Director's determination that there is an imminent threat to the public health, safety or welfare shall be based on one or more of the following:

1. There is an urgent need to take immediate action to protect the public from a substantial threat of serious bodily injury or death existing on or within one hundred fifty (150) feet of the permitted premises; or

2. There has been a violation of a permit condition or other requirement of this Code creates an imminent danger to the public health, safety or welfare on or within one hundred fifty (150) feet of the permitted premises; or

3. The permittee has conducted the permitted business in a manner that creates or results in a public nuisance, as defined in Section 1.13.050 of this Code or Sections 3479 and 3480 of the California Civil Code, and that public nuisance creates an imminent danger to the public health, safety or welfare on or within one hundred fifty (150) feet of the permitted premises.

C. The summary suspension shall take effect immediately upon service of a written notice of suspension by the Director. Notice given to the permittee shall include the following information:

1. The effective date and time period of the summary suspension;

2. The grounds and reasons upon which the summary suspension is based;

3. The permittee who wishes to challenge the summary suspension may request a hearing before the Director;

4. The method for requesting a hearing before the Director; and

5. The notice of summary suspension shall become final unless the Director receives a written request for a hearing from the permittee within the time period specified in Subsection E.

D. The summary suspension shall remain in effect unless and until the Director either:

1. Amends the notice of summary suspension to shorten the time period provided in the earlier notice of summary suspension; or

2. Issues a decision after holding a hearing pursuant to the requirements of this Section that modifies or overrules the summary suspension.

E. If the permittee wishes to challenge the summary suspension, the permittee must file a written request for a hearing before the Director within three (3) business days after service of the notice of summary suspension. If the Director does not receive a request for a hearing from the permittee within this time period, the notice of summary suspension shall become final.

F. The Director must respond to the permittee's request for a hearing by holding a hearing to affirm, modify or overrule the summary suspension within five (5) business days of the permittee's request for a hearing, unless the permittee requests an extension of the time within which the Director can hold the hearing.

G. The Director shall serve a written notice of hearing on the permittee not later than two (2) business days after receiving the permittee's written request for a hearing. The notice of hearing shall contain the date, time and place at which the hearing shall be conducted.

H. At the hearing before the Director, the permittee shall be given the opportunity to present evidence that either rebuts the ground(s) for which the summary suspension was issued or demonstrates that the reason or reasons leading to the summary suspension have been mitigated or corrected.

I. The hearing will be conducted informally and technical rules of evidence shall not apply. Any and all evidence that the Director deems reliable, relevant and not unduly repetitious may be considered.

J. Following the conclusion of the hearing, the Director shall issue a decision which affirms, modifies or overrules the summary suspension, as specified in Subsection K. If the Director affirms or modifies the summary suspension, the Director may impose additional conditions upon the permit if those conditions were reviewed at the hearing and the conditions are intended to protect the health, safety or welfare of the public or prevent the conduct or condition that led to the summary suspension.

K. The Director shall issue an oral decision upon the close of the hearing or may communicate the decision by telephone, within twenty-four (24) hours of the close of the hearing. The Director shall also serve the permittee with a written decision within three (3) business days of the close of the hearing. The decision of the Director shall be final for purposes of this Code and Section 1.16.010.

(Ord. 30614.)

A. The city may abate any violation of this chapter.

B. The cost of such abatement may be added to the sewer service charge of the owner or tenant of the property upon which the violation occurred, and the city shall have all available remedies for the collection of such costs as it has for the collection of sewer service charges.

(Ord. 24800.)

The City may take enforcement action for any violation of this Code, including through escalation of enforcement as set forth in the Enforcement Response Plan. Nothing in this Code or the Enforcement Response Plan requires escalation of enforcement, and, instead, the City may take any action it deems necessary under the circumstances. The remedies identified in the Enforcement Response Plan and this Code are cumulative, not exclusive, and are in addition to those the City may have at law, including administrative, civil, and criminal remedies.

(Ord. 30614.)

A. No person shall discharge in violation of, or fail to comply with, the requirements of a discharge permit, or any other provision of this Chapter, or other regulations, or discharge limitations established by the City, or local, state and federal laws and regulations. Each violation of the permit condition or other rule, regulation, or law shall be a separate violation under this Code.

B. Any person who intentionally or negligently violates any provisions of this Chapter, any provision of any permit issued pursuant to this Chapter, or who intentionally or negligently discharges waste or wastewater which causes pollution, or violates any effluent limitation, national standard of performance, or national pretreatment or toxicity standard, shall be civilly liable to the City in a sum up to ten thousand dollars ($10,000) for the first day in which such violation occurs, up to twenty-five thousand dollars ($25,000) for the second day in which such violation occurs, and fifty thousand dollars ($50,000) for each additional day.

(Ords. 24800, 30614.)

No critical user, zero discharge categorical user, or significant industrial user shall connect, discharge, cause, allow, or permit any discharge, into the sanitary sewer system except in accordance with a discharge permit issued by the Director.

(Ords. 24800, 28179, 30614.)

A. Discharge permits shall be issued for a specific duration, not to exceed five years.

B. Permits shall be subject to amendment by the city as limitations or requirements for discharge are modified and changed.

C. The holder of a discharge permit shall be informed of any proposed amendment to its permit at least thirty days prior to the effective date of the amendment.

D. The director may include a compliance schedule in an amended permit.

(Ords. 24800, 28179.)

A. All persons requiring a discharge permit shall file a complete application in the form prescribed by the director and accompanied by the applicable fees as established by resolution of the city council.

B. For new construction, permit applications shall be filed with the director at the time that an application for a building permit for a new building or structure is made.

C. All persons discharging wastewaters into the sanitary sewer system for which a wastewater discharge permit has been issued must apply for a new permit prior to making a significant change in the operations affecting their discharge.

(Ords. 24800, 28179.)

A. Discharge permit applications are due ninety days prior to: (1) commencing discharge to the sanitary system; (2) commencing operation of a zero discharging categorical process; or (3) expiration of existing discharge permit. Any person who fails to file a discharge permit application by the application due date prior to discharge shall be assessed a penalty for delinquent filing as follows:

1. Up to and including thirty days after the application due date, the penalty shall be fifty percent of the permit fee.

2. Thirty-one to ninety days after the application due date, the penalty shall be one hundred percent of the permit fee.

3. Ninety-one days to one year after the application date, the penalty shall be two hundred percent of the permit fee.

4. More than one year after the application due date, the penalty shall be one thousand percent of the permit fee.

B. Such penalties shall be in addition to any other penalties or fines that may be levied, and in addition to any other remedies that the city may have with respect to the discharge.

C. The director of environmental services may waive the assessment of penalty if the industrial discharger meets all of the following requirements:

1. The industrial discharger has submitted a completed application to the city no later than thirty days from the date the application was due;

2. The industrial discharger has applied to the director for a waiver no later than thirty days from the date the application was due;

3. The industrial discharger submitted timely applications for: (a) the five years immediately prior to the present late application; or (b) the two years immediately prior to the present late application if the industrial discharger has discharged for less than five years; and

4. The industrial discharger can provide documentation that: (a) the application was postmarked or received by the city no later than three days after the application due date; or (b) failure to submit a timely application was due to circumstances beyond the control of the industrial discharger, and occurred despite the exercise of ordinary care and the absence of willful neglect.

(Ords. 24800, 28179, 29277.)

A. Permit applications, discharge reports and any other reports required by the Director to be signed, shall be signed by an Authorized or Duly Authorized Representative of the business filing the application.

B. Reports subject to the requirements of Title 40 of the Code of Federal Regulations shall include the following certification statement as contained in Title 40 of the Code of Federal Regulations:

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.

(Ords. 24800, 29038, 30614.)

A. If the Director is not satisfied that the permit application has sufficient information to determine whether the permit should be issued, the Director may refuse to issue the permit or request that the applicant submit further information.

B. The applicant shall have fourteen (14) calendar days or such longer period of time as allowed by the Director, after reviewing a request for information to complete the application.

C. If the returned application is not resubmitted within the specified time period, then a new application for a discharge permit must be submitted along with the application fees and any delinquent fees for a new permit.

(Ords. 24800, 28179, 30614.)

A. Discharge permits are issued to a specific user for a specific operation. A discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without prior approval of the Director.

B. Wastewater discharge permit may be transferred to a new owner or operator only if the permittee provides advance written notice to the Director and the Director approves the transfer of a wastewater discharge permit.

1. The notice to the Director must include a certification by the new owner or operator which:

a. States the new owner and/or operator has no immediate intent to change the facility's operations and processes;

b. Identifies the specific date on which the transfer is to occur; and

c. Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.

2. Failure to provide advanced notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

C. Upon an approved transfer, the existing owner or operator shall provide a copy of the wastewater discharge permit to the new owner or operator. The new owner or operator shall submit a wastewater discharge permit application and appropriate permit application fee to the City of San José Environmental Services Department within thirty (30) days of the date of the approved transfer.

D. Nothing in this Section shall be construed to prevent the application of terms and conditions of this Chapter, including enforcement penalties, from applying to a succeeding owner or operator, successor in interest, or other assigns of an existing contract or permit holder.

(Ords. 24800, 28179, 29486, 30614.)

The director may deny a wastewater discharge permit if any one or more of the following conditions exist:

A. The application is not accompanied by the required fee(s).

B. The application contains false or misleading information.

C. The issuance of the permit would result in the discharge of industrial wastes of such quantity or strength that the public health, safety, public, or private property are endangered.

D. The issuance of the permit would cause the plant to violate any permit conditions, laws, or regulations of the state and/or federal government.

E. The applicant has not provided adequate information to establish that its discharge will comply with all requirements of this chapter and with such other terms and conditions as the director may deem necessary to include in the applicant's permit.

F. The applicant has not provided plans for sufficient protection from accidental discharges to the land, storm sewer system, and sanitary sewer system.

G. If the director refuses to issue a permit, the application fees shall not be returned to the applicant unless the director has ascertained that a permit is not required to discharge the wastewater for which the permit application is made.

(Ords. 24800, 28179.)

A. Discharge permits shall be expressly subject to all provisions of this Chapter and all other regulations, user charges, discharge limitations, and fees established by the City and all applicable local, state and federal laws and regulations.

B. The permit may include such terms and conditions as the Director may deem necessary to implement this Chapter, or any other applicable local, state or federal laws and regulations, including but not limited to:

1. Limits on the average and maximum wastewater volume, constituents and characteristics;

2. Requirements for installation and maintenance of flow monitoring, inspection and sampling facilities;

3. Specifications and pretreatment requirements for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

4. Compliance schedules, including those necessary to meet categorical or other pretreatment standards;

5. Requirements for submission of technical reports or discharge reports;

6. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City and affording the City access thereto;

7. Requirements for notification to the City of any new introduction of wastewater constituents or any significant change in the volume or character of the wastewater constituents being introduced into the wastewater stream;

8. Requirements and plans for protection against accidental discharges, including but not limited to, berming of chemicals and waste materials. The review and approval of such plans and operating procedures shall not relieve the user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this Code or other state or federal regulations;

9. Requirements for notification of accidental discharges; and

10. Requirements for submission of a slug control plan or specific elements thereof.

C. No person shall fail to comply with the terms and conditions of a discharge permit, or fail to comply with any other mandatory provision of this Chapter, or other regulations, or discharge limitations established by the City, or local, state and federal laws and regulations. Each violation of the permit condition or other rule, regulation, or law shall be a separate violation under this Code.

(Ords. 24800, 28179, 29277, 30614.)

A. The City may develop best management practices (BMPs), by ordinance, Resolution, Director order, or in individual wastewater discharge permits, to implement local limits, federal regulations, and the requirements under this Chapter.

B. All industrial users shall follow BMPs established by ordinance, individual wastewater discharge permit, or implement BMPs in their operations to minimize the discharge of pollutants to the sanitary sewer system and ensure appropriate monitoring, treatment, and other measures are being taken to prevent violations.

C. When an industrial user develops BMPs in response to an enforcement action, the user shall continue to implement those BMPs and any associated record keeping unless approved to discontinue.

D. Industrial users subject to BMPs as a means of complying with the standards of this Title shall maintain documentation to demonstrate compliance with the applicable BMP standards.

E. Periodic reports on continued compliance for BMP regulated dischargers shall require the discharger to certify that the BMPs have been implemented during the reporting period.

F. All persons shall implement BMPs or make reasonable efforts on their properties to prevent the discharge of pollutants to the storm sewer system and ensure appropriate monitoring, treatment, and other measures are taken to prevent unauthorized discharges.

G. When a person develops BMPs in response to an enforcement action, order, or NPDES permit, the BMPs and associated record keeping must be implemented and continued until the regulatory authority authorizes the BMPs to stop.

(Ord. 30614, 30906.)

A. Mandatory Compliance. All PLDA Properties shall comply with the requirements of the Stormwater Permit, state, federal law, and this Chapter.

B. Applicability. This Chapter shall apply to all properties with a Private Land Drainage Area (PLDA) located within the City.

C. Registration. The Owner of a PLDA shall register with the City's PLDA Compliance Program. The registration shall include:

1. The Property address;

2. The Property's assessor parcel number;

3. The Owner's name, address, and phone number;

4. Certification of the Property's stormwater treatment measures, including any full trash capture devices; and

5. Any other information as required by the Director or Council Policy 6-36, Private Land Directly Plumbed to the Storm Sewer System: Best Management Practices.

D. Notice. The Director may determine that a Property is a PLDA and must comply with this Section. The Director shall send a notice advising the Owner that the Property is a PLDA (Notice of PLDA). The Owner shall comply with this Chapter within thirty (30) calendar days after the Notice of the PLDA.

E. Appeal. Within twenty (20) calendar days of the Notice of PLDA, the Owner may, in writing, request a review of the Director's determination that a property is a PLDA. The review will be conducted under the procedure in Section 15.14.785(D) - (L).

(Ord. 31082.)

A. Required Trash Management. All PLDAs shall comply with the requirements of Council Policy 6-36, Private Land Directly Plumbed to the Storm Sewer System: Best Management Practices, including the installation, maintenance, and documentation regarding trash discharge control actions.

B. Compliance Inspections. The City shall have the power to enter and to inspect any PLDA to determine compliance with the provisions of this Chapter.

C. Fees and Charges. The Owner shall pay fees and charges as established by Council resolution for the registration, inspections, reinspections, enforcement and other actions necessary to determine compliance with this Chapter.

(Ord. 31082.)

A. Applicability. This Chapter shall apply to all Source Property that is within an Old Industrial Area or the City determines to be a potential source of mercury, PCBs, or other pollutants that may impact, drain, or discharge to the public right-of-way or storm sewer system.

B. Mandatory Compliance. All Owners of a Source Property shall comply with Council Policy 6-35, Source Properties of Mercury, PCBs, or other Pollutants: Best Management Practices, and all the requirements of the Stormwater Permit, state, federal law, and this Chapter.

C. Compliance Inspections. The City shall have the power to enter and inspect any potential Source Property to determine compliance with the provisions of this Chapter.

D. Fees and Charges. The Owner shall pay fees and charges as established by Council Resolution for inspections, reinspections, enforcement and other actions necessary to determine compliance with this Chapter.

(Ord. 31082.)

A. A categorical industrial user seeking to request a waiver of monitoring requirements for pollutants not present must submit the following with its permit application:

1. Data from at least one sampling of the facility's process wastewater prior to any treatment that is representative of all wastewater from all processes;

2. Signature in compliance with Section 15.14.745;

3. Certification statement as specified under 40 CFR 403.6(a)(2)(ii); and

4. Other technical factors as may be required by the director of environmental services to demonstrate that the pollutant is not present in the industrial user's discharge.

B. If approved, the waiver shall be included as part of the categorical industrial user's discharge permit. The categorical industrial user must certify in each self monitoring report with the statement set forth in 40 CFR 403.12(e)(2)(v) that there has been no increase in the wastestream due to the activities of the user of the pollutant that was waived.

C. The waiver shall only be valid for the term of the permit, and a new request for waiver must be submitted for each new permit.

(Ord. 29277.)

A. Any permittee or permit applicant may appeal a notice of revocation of a discharge permit, notice of denial of a permit, any term or condition of a permit, amendment of a permit or notice of termination of service to the director.

B. A request for hearing on a decision to revoke a permit or terminate service shall be filed, in writing, with the director, within ten days after the date the notice of revocation or termination of service is served on the permittee. A request for hearing on a decision to revoke a permit or terminate service shall, except in the case of immediate permit revocation or suspension of service for the preservation of public health or safety or for the protection of public or private property, stay the effect of the notice of revocation or termination of service, during the pendency of the appeal.

C. A request for hearing on a decision to deny a permit, on the terms or conditions in a permit, on an amendment to a permit, shall be filed, in writing, with the director, within thirty days after the date the notice of decision is served on the applicant.

D. Failure of a permittee or applicant to timely request a hearing shall be deemed acceptance of the director's decision and the director's decision shall be deemed final and effective.

E. At the hearing before the director, the applicant shall be given an opportunity to present witnesses and documentary and other evidence.

F. The hearing will be conducted informally and technical rules of evidence shall not apply. Any and all evidence which the director deems reliable, relevant, and not unduly repetitious, may be considered.

G. The applicant may be represented at the hearing by any other person.

H. The director shall provide written notice of decision on the appeal to the permittee or applicant. The decision of the director on the appeal shall be deemed final and effective three days after notice of the decision on appeal is served on the permittee or applicant.

I. Filing of a request for hearing shall not entitle any person to discharge in violation of any of the provisions of this code.

(Ords. 24800, 28179.)

The director is authorized to publish annually, a list of the significant industrial users which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance is defined in the Code of Federal Regulations, 40 CFR 403.8.

(Ords. 24800, 28179.)