Chapter 3-14 — UNIFORM WASTEWATER DISCHARGE REGULATIONS

Note: Editor's Note: Former Chapter 3-11, Uniform Wastewater and Discharge Regulations, was renumbered to be Chapter 3-14 by Ordinance No. 2001-005, 3/19/01. Chapter 3-14 as derived from Ordinance No. 95-015, 9/5/95, was repealed and replaced by Ordinance No. 2001-05, 3/19/01, and further repealed and replaced by Ordinance No. 2014-020, 11/17/14. Previous Chapter 3-11, as derived from Ordinance Nos. 09-06, 91-016 and 92-035 was amended in its entirety by Ordinance No. 95-015, 9/5/95.

Article 1

Purpose(Legislative History: Ordinance No. 2014-020, 11/17/14)

The purpose of this Chapter is to:

(a) Provide for and regulate the disposal of sanitary sewage and industrial wastes into the City
sanitary sewer system in such manner and to such extent as is reasonably necessary to
maintain and increase the ability of such system to handle and dispose of sanitary sewage
and industrial wastes;

(b) Improve opportunities to recycle and reclaim treated effluent and wastewater sludge;

(c) Protect the physical structures of the sewer system and the efficient functioning of its
component parts;

(d) Protect the City and its personnel, and preserve and protect the health, safety and comfort
of the public;

(e) Comply with all applicable and compatible laws, rules, regulations and orders of the State
of California and the United States.

Article 2
Definitions(Legislative History: Ordinance No. 2014-020, 11/17/14; Ordinance No. 2017-005,
3/20/17; Ordinance No. 2018-006, 3/19/18 (Section 3-14-200))

Words, phrases or terms not specifically defined herein, and having a technical or specialized meaning shall be defined as set forth in 40 CFR Parts 136, 401, and 403.

In addition, terms defined herein shall have the same meaning as those terms are defined by the Porter Cologne Water Quality Act and the Federal Water Pollution Control Act as amended in 1972.

Unless the context indicates otherwise, the following words and terms all have the meaning defined herein.

Accessory Dwelling Unit. An accessory dwelling unit (ADU) is a secondary dwelling unit built on a parcel with an existing single-family dwelling with complete independent living facilities for one or more persons. An ADU can take three forms: detached structure, attached structure, repurposed existing space. For the purposes of this Code, there can be only one ADU per parcel, and the existence of an ADU does not change the status of the single-family dwelling. If more than one ADU is created on the lot, all ADUs convert to single-family dwellings.

Act or The Act shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq. See Federal Act.

Approval Authority. Approval Authority shall mean United States Environmental Protection Agency or its authorized designee. See EPA.

Authorized Representative of Industrial User. Authorized Representative of Industrial User shall mean the following:

(1) A responsible corporate officer as defined in 40 CFR 403.12(I)(1);

(2) A general partner or proprietor of a partnership or sole proprietorship, respectively, as provided in 40 CFR 403.12(I)(2);

(3) A duly authorized representative of the individual designated in subsection (1) or (2), subject to the requirements of 40 CFR 403.12(I)(3) and (4).

Beneficial Uses. Beneficial Uses shall mean uses of the Waters of the State including, but not limited to, domestic, municipal, agricultural and industrial supply, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible as specified in Federal or State law.

Best Management Practices (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Biochemical Oxygen Demand (BOD). Biochemical Oxygen Demand (BOD) shall mean the quantity of oxygen demanded in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees centigrade.

Building Sewer. Building Sewer shall mean the piping conveying wastewater from the premises of a User to the City sanitary sewer system. See Sewer Lateral, Private Sewer Lateral.

Categorical Pretreatment Standard. Categorical Pretreatment Standard shall mean any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.

City. City shall mean the City of San Leandro.

City Manager. City Manager shall mean the individual appointed by the City governing body (City Council) with responsibility and authority for all functions of local government. See Manager.

Code of Federal Regulations (CFR). Regulations adopted by the United States Environmental Protection Agency.

Commercial User. Commercial User shall mean any nonresidential user that the City determines will introduce primarily domestic sewage to the sewerage system.

Composite Sample. Composite Sample shall mean a sample that is collected manually or automatically, discretely or continuously, based on time or flow intervals.

Conservative Pollutant. Conservative Pollutant shall mean a pollutant that is not metabolized by treatment processes in a conventional wastewater treatment plant. A conservative pollutant may be removed by the treatment processes and retained in the biosolids, may be volatilized and lost in fugitive air emissions, or may be discharged in the plant's effluent. Although the pollutant may be chemically changed in a treatment process, it can still be detected and may still be detrimental to the environment.

Contamination. Contamination shall mean an impairment of the quality of Waters of the State by waste to a degree that creates a hazard to public health through poisoning or spread of disease. Contamination shall include any equivalent effect resulting from the disposal of wastewater, whether or not Waters of the State are affected.

Control Authority. The City's approved POTW pretreatment program.

Conventional Pollutant. Conventional Pollutant shall mean biochemical oxygen demand, organic carbon, suspended solids, ammonia, nitrogen, pH, and total coliform bacteria, plus additional pollutants identified in the POTW's National Pollutant Discharge Elimination System (NPDES) Permit if the POTW was designed to treat such pollutant, and if such pollutants do not interfere with the operations of the POTW or adversely impact sludge use and disposal and, in fact, the

POTW does remove such pollutant to a substantial degree.

Cooling Water. Cooling Water shall mean water used for cooling, such as air conditioning, heat removal from industrial equipment, or refrigeration.

Direct Discharge. Direct Discharge shall mean the discharge of treated or untreated wastewater directly to the Waters of the State.

Domestic Sewage. Domestic Sewage shall mean liquid and waterborne wastes derived from the ordinary living processes, free from industrial wastes, and of such character as to permit satisfactory disposal, without special treatment, to the City sanitary sewer system.

East Bay Dischargers Authority. East Bay Dischargers Authority shall mean the joint powers of authority comprised of the City of Hayward, the City of San Leandro, the Oro Loma Sanitary District, the Castro Valley Sanitary District, and the Union Sanitary District.

EPA. EPA shall mean the United States Environmental Protection Agency. See Approval Authority.

Fats, Oil and Grease (FOG). Organic compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. Fats, oil and grease are generated from food production, preparation and service, and kitchen cleanup. Throughout this Chapter, references to oils and grease include mineral/petroleum based oils and grease.

Federal Act. Federal Act shall mean the Federal Water Pollution Control Act, PL 92-500, and any amendments thereto; as well as any guidelines, limitations, and standards promulgated by the EPA pursuant to the Act. See Act.

Food Service Establishment. Any establishment that prepares and/or serves food for use or sale including, but not limited to, restaurants, cafés, cafeterias, commercial kitchens, catering kitchens, bakeries, hotels, schools, hospitals, correctional facilities, care institutions, grocery stores with food preparation, meat cutting and preparation, meat packing and any other food handling facilities where FOG may be introduced into the municipal sewer.

Garbage. Garbage shall mean putrescible solid waste from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

Grab Sample. Grab Sample shall mean a discrete sample collected from a waste stream over a period of time not more than 15 minutes.

Holding Tank Waste. Holding Tank Waste shall mean any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. Sometimes referred to as septic waste or septage.

Indirect Discharge. Indirect Discharge shall mean the discharge or the introduction of non- domestic pollutants from any source regulated under Section 307(b) or (c) of the Act into the City sanitary sewer system.

Industrial User. Industrial User shall mean an entity that generates and/or discharges into the City sanitary sewer system industrial waste.

Industrial Waste. Industrial Waste shall mean the waste and wastewater resulting from activities such as production, testing, remediation, manufacturing or processing operations and may include institutional and commercial entities. The term shall include the definition of process waste found at 40 CFR 401.11(q). See Wastewater.

Interceptor. A device, unit or installation constructed and operated for the purpose of removing and retaining dangerous, harmful, or prohibited constituents from wastewater before discharge to the City sanitary sewer system.

Interference. Interference shall mean the inhibition or disruption of the POTW treatment processes or operations that contributes to a violation of any requirement of the City's NPDES permit or affects sewage sludge use or disposal by the POTW under 40 CFR Parts 405 and 503 of the Act, or conformance to any criteria, guideline, or regulation developed pursuant to the Solid Waste Disposal Act (SWDA) (42 U.S.C. Sections6901 et seq.), the Clean Air Act, the Toxic Substances Control Act, or more stringent State criteria (including those contained in any State Sludge Management Plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the City.

Major Contributing Industry. Major Contributing Industry shall mean an Industrial User that meets one or more of the following criteria:

(1) Class A - Industrial Users regulated by Federal Categorical Pretreatment Standards.

(2) Class B - Users not covered by Federal Categorical Pretreatment Standards, but have the potential to discharge regulated pollutants and must meet the pollutant limitations established in this Chapter and in individual permits issued by the Control Authority.

(3) Class C - Users that discharge conventional pollutants but could by themselves or combined with flow from another user overload the City sanitary sewer system, causing the City to violate NPDES permit limits.

(4) Class D - Users that discharge wastewater from sources not associated with usual industrial processes. Sources may include, but are not limited to, remediation, excavation, and leachate extraction.

Manager. Manager shall mean the City Manager or designee. See City Manager.

Mass Emission Rate. Mass Emission Rate shall mean the mass of material discharged to the City sanitary sewer system during a given time interval. Unless otherwise specified, the mass emission shall mean pounds per day of a particular constituent or combination of constituents.

National Pretreatment Standard. National Pretreatment Standard shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to Industrial Users. This term includes prohibitive discharge limits established in 40 CFR Part 403.5.

National Pollutant Discharge Elimination System (NPDES) Permit. National Pollutant Discharge Elimination System (NPDES) Permit shall mean a permit issued pursuant to Section 402 of the Act.

National Prohibitive Discharge Standard or Prohibitive Discharge Standard. National Prohibitive Discharge Standard or Prohibitive Discharge Standard shall mean any regulation developed under the authority of Section 307(b) of the Act and 40 CFR, Section 403.5.

Natural Outlet. Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake, bay, ocean, or other body of surface water, or outlet into the ground water.

New Source. New Source shall mean an entity as defined at 40 CFR Part403.3(m).

Nuisance. Nuisance shall mean any condition injurious to health or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property or affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

Pass Through. Pass Through shall mean a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) as defined at 40 CFR 403.3(p).

Person. Person shall mean any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include feminine, the singular shall include the plural where indicated by the context.

pH. pH shall mean the measure of the acidity or alkalinity of a liquid on a scale of 0 to 14, 0 being extremely acidic, 7 neutral, and 14 extremely alkaline. The pH corresponds to the logarithm

(base 10) of the reciprocal concentration of hydrogen ions expressed in gram-ions per liter of solution.

Pollutant. Pollutant shall have the meaning as defined at 40 CFR 401.11(f).

Pollution. Pollution shall mean an alteration of the quality of the Waters of the State by waste to a degree which unreasonably affects such waters for beneficial use or facilities which serve such beneficial uses. Pollution may include contamination. Pollution is further defined at 40 CFR 401.11(g).

POTW - Publicly Owned Treatment Works. POTW - Publicly Owned Treatment Works shall mean a treatment works as defined by Section 212 of the Act, which is owned by the City and includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or liquid industrial waste. It also includes sewers, pipes, and lift stations that convey wastewater to the POTW treatment plant. POTW also means the City, which has jurisdiction over the indirect discharges to and the discharges from the treatment works. POTW is further defined at 40 CFR 403.3(q) and (r). "The City sanitary sewer system" is used throughout this Chapter to refer to the POTW. See Sewerage System, City.

Premises. Premises shall mean a parcel of real estate including any improvements thereon determined by the City to be a single user for purposes of receiving, using, and paying for service.

Pretreatment or Treatment. Pretreatment or Treatment shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the City sanitary sewer system. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means except dilution. Pretreatment is further defined at 40 CFR 403.3(s).

Pretreatment Facility. Pretreatment Facility shall mean any facility or device for treatment, control or flow limitations of sewage or industrial waste, prior to discharge into the City sanitary sewer system.

Pretreatment Requirements. Pretreatment Requirements shall mean any substantive or procedural requirement related to pretreatment imposed on an Industrial User other than National Pretreatment Standards. The term is defined at 40 CFR 403.3(t).

Private Sewer Lateral. Private Sewer Lateral shall mean a sewer lateral not maintained as part of
the City sanitary sewer system. See Building Sewer, Sewer Lateral.

Process Wastewater. Process Wastewater shall mean any water which, during manufacturing or
processing, comes into contact with or results from the production or use of any raw material,
intermediate product, finished product, byproduct or waste product. The term is defined at 40
CFR 401.11(g).

Reclaimed Water. Reclaimed Water shall mean wastewater that, as a result of treatment, is
suitable for a beneficial use that would not otherwise occur.

Regional Water Quality Control Board. Regional Water Quality Control Board shall mean the
California Regional Water Quality Control Board, San Francisco Bay Region.

Sanitary Sewer. Sanitary Sewer shall mean a pipe that carries domestic sewage and/or industrial
wastes and to which storm, surface, and groundwaters are not intentionally admitted. A City
sewer or public sewer is any sewer located within an easement or public right-of-way that is maintained by the City.

Sewerage System. See POTW.

Sewer Lateral. Sewer Lateral shall mean the piping used to convey wastewater from within a
building or structure to a public or private sewerage collection system. See Building Sewer,
Private Sewer Lateral.

Significant Industrial User. Significant Industrial User shall mean:

(1) Industrial users subject to Federal Categorical Pretreatment Standards;

(2) Any other industrial user that:

(i) Discharges to the POTW an average of 25,000 gallons or more of process wastewater
per day;

(ii) Contributes process wastewater that makes up 5% or more of the average dry weather
hydraulic or organic capacity of the POTW treatment plant; or

(iii) Is designated as such by the Control Authority on the basis that the industrial user
has a reasonable potential to adversely affect the POTW's operation or to violate a
pretreatment standard or requirement.

The term is further defined at 40 CFR 403.3(v).

Significant Noncompliance. Significant Noncompliance shall mean a significant industrial user's
violation of pretreatment standards meeting any of the following criteria or an industrial user's
violation of pretreatment standards meeting criteria (3), (4), or (8):

(1) Chronic violations of wastewater discharge limits, defined herein as those in which 66% or more of all of the measurements taken during a six month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement for the same pollutant parameter, including instantaneous limits, as defined by 40 CFR 403.3(I);

(2) Technical Review Criteria (TRC) violations, defined here as those in which 33% or more
of all of the measurements taken for the same pollutant parameter during a six month
period equal or exceed the product of the numeric Pretreatment Standard or Requirement,
including instantaneous limits, as defined by 40 CFR 403.3(I), multiplied by the applicable
TRC (TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except
pH);

(3) Any other violation of a Pretreatment Standard or Requirement as defined by 40 CFR
403.3(I) (daily maximum, long-term average, instantaneous limit, or narrative standard)
that the City determines has caused, alone or in combination with other discharges,
interference or pass through (including endangering human health, property or the
environment);

(4) Any discharge of a pollutant that has caused imminent endangerment to human health,
welfare or to the environment or has resulted in the exercise of the City's emergency
authority under 40 CFR Part 403.8(f)(1)(vi)(B), to halt or prevent such a discharge;

(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone
contained in a control mechanism or enforcement order;

(6) Failure to provide, within 45 days after the due date, required reports such as permit
applications, baseline monitoring reports, periodic compliance reports, periodic self-
monitoring reports, and reports on compliance with compliance schedules;

(7) Failure to accurately report noncompliance; and

(8) Any other violation or group of violations which may include BMPs, that the City
determines will adversely affect the operation or implementation of the pretreatment
program.

Significant Noncompliance and its application are defined at 40 CFR 403.8(f)(2)(viii).

Shall. "Shall" is mandatory.

Slug Discharge. Slug Discharge shall mean a discharge of a non-routine, episodic nature,
including, but not limited to, an accidental spill or a non-customary batch discharge that has
potential to cause interference or pass through, or in any other way violate the City's regulations,
local limits, or permit conditions. Slug discharge is further defined at 40 CFR403.8(f)(2)(vi).

Standard Industrial Classification (SIC). Standard Industrial Classification (SIC) shall mean a
classification pursuant to the Standard Industrial Classification Manual issued by the Executive
Office of the President, Office of Management and Budget.

Storm Sewer. Storm Sewer shall mean infrastructure that carries storm and surface waters and
drainage, and excludes sewage and industrial waste.

Storm Water. Storm Water shall mean flow resulting from natural precipitation.

Total Suspended Solids. Total Suspended Solids shall mean the total mass or concentration of
particles suspended in water, wastewater or other liquids that will not pass through a filter (in the
application of EPA Method 160.2).

Total Toxic Organics (TTO). For users subject to Federal Categorical Standards with defined
TTO parameters, TTO shall be defined and applied per the applicable categorical standard to
determine compliance with the Federal Standard. TTO standards for local limits compliance
shall be the sum of those parameters in the list of toxic pollutants found at 40 CFR 401.15 that
are detected at or above the Method Detection Limit at a value greater than 0.01 milligrams per
liter by EPA Methods 624 and 625. For users that may have potential to discharge additional
toxic pollutants not specified herein, those additional parameters may be included as provisions
in individual permits.

User. User shall mean any person who contributes, causes or permits the contribution of
wastewater into the City sanitary sewer system.

Waste. Waste shall mean domestic sewage and any and all other waste substances, liquid, solid,
gaseous, or radioactive associated with human habitation, or human or animal origin, or from or
related to any production, manufacturing, or processing operation of whatever nature, including
such waste placed within containers prior to, and for the purpose of, disposal.

Wastewater. Wastewater shall mean waste and water, whether treated or untreated. See
Industrial Waste.

Wastewater Constituents and Characteristics. Wastewater Constituents and Characteristics shall
mean the individual chemical, physical, bacteriological and radiological parameters, including
volume and flow rate and such other parameters that serve to define, classify or measure the
contents, quality, quantity and strength of wastewater.

Water Quality Requirements. Water Quality Requirements shall mean requirements for the City's treatment plant effluent established by the NPDES permit, or by State or Federal regulatory agencies. Water quality requirements include effluent limitations and waste discharge standards, limitations, or prohibitions that may be established or adopted by State or Federal laws or regulatory agencies.

Waters of the City. Waters of the City shall mean any water, surface or underground, including
saline waters within the boundaries of the City.

Waters of the State. Waters of the State shall mean all streams, lakes, ponds, marshes,
watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or underground, natural or
artificial, public or private, which are contained within, flow through, or border upon the State
or any portion thereof.

Water Pollution Control Plant. Water Pollution Control Plant shall mean the City of San Leandro
POTW treatment plant.

Abbreviations. The following abbreviations shall have the designated meaning:

BOD Biochemical Oxygen Demand

CFR Code of Federal Regulations

COD Chemical Oxygen Demand

L Liter

mg Milligrams

mg/L Milligrams per Liter

NPDES National Pollutant Discharge Elimination System

SIC Standard Industrial Classification

TSS Total Suspended Solids

IU Industrial User

Article 3
Sewer use Regulations(Legislative History: Ordinance No. 2014-020, 11/17/14; Ordinance
No. 2018-006, 3/19/18 (Sections 3-14-300, 3-14-340, 3-14-370))

A user may not introduce into the POTW any pollutant which causes pass through or interference. These general prohibitions and the specific prohibitions in Sections 3-14-305 and 3-14-310 of this Chapter apply to each user introducing pollutants into the POTW whether or not the user is subject to other National Pretreatment Standards or any other National, State or local pretreatment standards or requirements.

(a) No person shall discharge wastewater containing in excess of:

Maximum Total Concentration Allowable
Toxicant (Milligrams Per Liter)

Arsenic 0.1 mg/L

Cadmium 0.5 mg/L

Copper 2.0 mg/L

Cyanide 0.5 mg/L

Lead 0.8 mg/L

Mercury 0.01 mg/L

Nickel 0.5 mg/L

Silver 0.6 mg/L

Total Chromium 1.0 mg/L

Zinc 3.0 mg/L

Phenolic Compounds 1.0 mg/L

Total Toxic Organics 2.13 mg/L

Selenium 1.0 mg/L

Barium 100.0 mg/L

Beryllium 0.75 mg/L

(b) No person shall discharge any wastewater:

(1) Having a temperature higher than one hundred forty degrees Fahrenheit (140°F) at
the point of discharge or raise the POTW influent temperature above one hundred
four degrees Fahrenheit (104°F) or that inhibits biological activity in the POTW
resulting in interference.

(2) Any water or waste which contains more than 100 parts per million (100 ppm), by
weight, of oil or grease of petroleum origin; which contains more than 100 ppm, by weight, of fat, oil or grease of animal or vegetable origin; or which contains grease
or oil or other substances that will solidify or become discernibly viscous at
temperatures between thirty-two degrees (32°) to one hundred forty degrees
Fahrenheit (140°F).

(3) Containing petroleum oil, non-biodegradable cutting oil, or products of mineral oil
origin in amounts that will, either singularly or in conjunction with other discharges,
cause interference or pass through.

(4) Having a pH lower than 6.0 or higher than 12.4, or having a pH which will cause
damage to the collection system or interfere with the POTW treatment processes.

A user may not discharge the following substances to the sanitary sewer system:

(a) Fire or Explosion. Any pollutant with a closed cup flashpoint of less than one hundred forty
degrees Fahrenheit (140°F) (60°C). Any liquids, solids or gases which by reason of their
nature or quantity are, or may be sufficient either alone or by interaction with other
substances to cause a fire or explosion or to be injurious in any other way to the POTW. At
no time, shall two successive readings on an explosion hazard meter, at the point of
discharge into the sanitary sewer (or at any point in the system) be more than 5% or any
single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited
materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene,
xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates,
carbides, hydrides and sulfides.

(b) Obstruction of Flow. Solid or viscous substances which may cause obstruction of the flow
in a sewer or other interference with the operation of the wastewater treatment facilities
such as, but not limited to: grease, garbage with particles greater than one-half inch in any
dimension, animal guts or tissues, paunch manure, bones, hair hides or fleshings, entrails,
whole blood, feathers, ashes, cinders, wax, sand, spent lime, stone or marble dust, metal,
glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood,
plastics, tar, asphalt residues, residuals from refining, or processing of fuel or lubrication
oil, mud or glass grinding or polishing wastes.

(c) Toxic Pollutants. Any wastewater containing toxic pollutants in sufficient quantity, either
singly or by interaction with other pollutants, to injure or interfere with any wastewater
treatment process, constitute a hazard to humans or animals, create a toxic effect in the
receiving waters of the POTW, or to exceed the limitation set forth in a Categorical
Pretreatment Standard.

(d) Noxious or Malodorous Substances. Any harmful or offensive gases or solids which, either
singly or by interaction with other wastes, are sufficient to violate air quality standards at
the POTW, create a public nuisance or hazard to life or are sufficient to prevent entry into
the sewers for maintenance and repair.

(e) Disposal/Reclamation. Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludge, 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 POTW cause a violation of the criteria, guidelines or regulations developed under Section 405 of the Act; or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, or the Toxic Substances Control Act; or State or local criteria applicable to the sludge disposal site and the sludge management method being used.

(f) Permit Violation. Any substances which will interfere with the wastewater treatment
process or cause the POTW to violate its NPDES permit or the receiving water quality
standards.

(g) Detrimental Environmental Impact. Any substance which may have a harmful
environmental impact or create a nuisance in the waters of the State or a condition which
violates the rules and regulations of any public agency having regulatory jurisdiction over
the City, including, but not limited to, any statute or any rule, regulation, or ordinance of
any public agency or State or Federal regulatory body.

(h) Discoloration. Any wastewater creating discoloration or any other condition in the quality
of the POTW effluent such that receiving water quality requirements established by law
cannot be met.

(i) Loadings. Any pollutants, including oxygen demanding pollutants, released at a flow rate
and/or pollutant concentration that will cause interference to the POTW.

(j) Hazard or Public Nuisance. Any waste, which in the opinion of the City may have an
adverse or harmful effect on sewers, maintenance personnel, wastewater treatment plant
personnel or equipment, treatment plant effluent quality, public or private property or may
otherwise endanger the public, the local environment or create a public nuisance. The City
shall, in determining the acceptability of specific wastes, consider the nature of the waste
and the adequacy of the collection, treatment and disposal system available to accept the
waste.

(k) Excessive Flow. Total quantities of flow or instantaneous peaks which, due to volume or
manner of delivery, require a disproportionate share of the City's treatment plant capacity.
This also includes flows which, alone or in combination with others, cause excessive
treatment costs and/or treatment plant process upsets.

(l) Trucked or Hauled Wastes. No trucked or hauled pollutants shall be discharged into the City sanitary sewer system except at discharge points designated by the POTW.

It shall be unlawful to discharge any waste or wastewater into any storm drain or natural outlet unless the user has obtained an NPDES permit and the user is in compliance with all applicable rules and regulations of all other agencies having jurisdiction over such discharge.

Storm water, ground water, street drainage, subsurface drainage or yard drainage shall not be discharged through direct or indirect connections to the sanitary sewer. The City may approve the discharge of such water only when no reasonable alternative method of disposal is available. If a permit is granted for the discharge of such water into the sanitary sewer, the user shall pay the applicable user charges and fees and meet such other conditions as required by the City.

No user shall increase the use of process water or, in any other way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with limitations contained in the Federal Categorical Pretreatment Standards (see Section 3-14-365 of this Chapter), or any other limitation developed by the City, State, or USEPA.

No user shall, and it shall be unlawful to, discharge, cause to be discharged, or permit to be discharged, any radioactive waste into the sanitary sewer; provided, however, that:

(a) Users 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 then current State of California Code of Regulations, Title 17, any Federal laws and regulations pertaining to radioactive materials, and any recommendations for safe disposal of such wastes as they now exist or may hereafter be amended; and

(b) The user so acting does so in compliance with all applicable rules and regulations of all other regulatory agencies having jurisdiction over such discharges.

No user shall discharge any substance directly into a manhole or other opening in the City sanitary sewer system other than through an approved building sewer, unless approved by the Control Authority.

Waste from garbage grinders shall not be discharged into the sanitary sewer except where wastes are generated in preparation of food consumed in a residence for household use.

Hospitals, clinics, offices of medical doctors, and convalescent homes shall not discharge to the sanitary sewer:

(a) Equipment, instruments, utensils, hypodermic needles, syringes and associated articles.

(b) Any article 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.

(c) Recognizable portions of the human anatomy.

(d) Wastes excluded by other provisions of these regulations. Nothing in this section shall be construed to limit the authority of appropriate health agencies to define wastes as being infectious and to prohibit discharge to the sanitary sewer.

(a) Grease, oil and sand interceptors shall be installed by the user when, in the opinion of the City, they are necessary for the proper handling of liquid wastes containing grease, flammable waste, sand or other harmful materials, except that such interceptors shall not be required for dwelling units. Toilets, urinals, wash basins, showers and other fixtures containing fecal matter shall not flow through the interceptor.

(b) All interceptors shall be of a type and capacity approved by the Manager. The interceptor shall be installed in conformity with approved plans and in accordance with all City Codes and regulations.

(c) The interceptor shall be installed and connected so as to be readily accessible for inspection, cleaning and removal of grease.

(d) The interceptor shall be maintained in efficient operating condition by periodic removal of accumulated grease and solids. Unless otherwise approved by the Manager, grease interceptors must be pumped in full when the total accumulation of surface grease and settled solids reaches 25% of the grease interceptor's overall liquid depth. All accumulated grease and solid materials shall be removed by a certified waste hauler licensed by the State of California. No accumulated FOG shall be introduced into any drainage piping or public or private sewer. The introduction of emulsifying agents such as chemicals, solvents or enzymes which will cause pass through of grease is strictly prohibited. Bacterial agents used to reduce FOG may be used in addition to regular maintenance, but shall not be a consideration in determining grease interceptor sizing or maintenance frequency. Wastewater in excess of one hundred forty degrees Fahrenheit (140°F) shall not be discharged to the grease interceptor for any duration. Failure to clean or maintain the interceptor shall be a violation and subject to enforcement action.

(e) The user shall develop and maintain a record of periodic maintenance and cleaning/ pumping of the interceptor. Records shall be retained for a period of not less than three years.

(f) All fixtures, equipment and drain lines located in a food service establishment which may contain fats, oil and grease (FOG) or other objectionable materials shall be connected to an appropriately sized grease interceptor. The following types of equipment or fixtures identified as a potential source of FOG include, but are not limited to: pre-rinse and/or pre- wash sinks or sinks in dishwashing areas; two or three compartment sinks; wok stoves; soup kettles; self-cleaning stove ventilation/exhaust hood; kitchen floor drains; kitchen floor trench; kitchen floor sinks; mop sinks; and food prep sinks. No sanitizing dishwashers are to be connected to drainage pipes conveying wastewater to a grease interceptor unless such connections are approved by the Manager.

(g) Abandoned interceptors shall be emptied, disconnected and filled as required for abandoned septic tanks (Section 722.0 of the California Plumbing Code).

All limitations, State, Federal, and local shall apply.

The limitations on wastewater strength and prohibitions in these regulations may be supplemented if:

(a) The City determines that existing limitations may not be sufficient to protect the operation of the POTW; or

(b) The City determines that existing limitations may not be sufficient to enable the POTW to comply with water quality standards, or effluent limitations specified in the POTW's NPDES permit; or

(c) The discharge is of such a nature that it reduces or impairs the POTW's recycle, reclamation or disposal options; or

(d) In the Manager's evaluation, the discharge, alone or in combination with any other discharge, poses a threat or unreasonable risk to the POTW or personnel.

The Categorical Pretreatment Standards found in 40 Code of Federal Regulations Chapter I, Subchapter N, Parts 405 to 471 are hereby incorporated into this Chapter by reference. The provision of this Chapter shall conform to these incorporated provisions as they may be amended, unless explicitly modified within this Chapter. Upon promulgation of a new or amended Federal Categorical Pretreatment Standard, the new Federal Standard shall immediately apply to all affected users. The City will notify all affected users of the applicable reporting requirements under 40 CFR 403.12. Regardless of notification, industrial users are required to comply with all applicable Pretreatment Standards and Requirements.

Users shall not discharge to the sewer system any substance that could affect the POTW's effluent and cause violation of its NPDES permit requirements or cause it to be in non- compliance with sludge use, recycle, or disposal criteria pursuant to regulations developed under Sections 204(b) and 405 of the Clean Water Act and Subtitles C and D of the Resource Conservation and Recovery Act. A record of disposal shall be maintained onsite and available for review by the City.

MEASURES AND AUTHORITY TO DENY OR CONDITION NEW, INCREASED OR CHANGED DISCHARGES.

Users shall make wastewater acceptable under the limitations established in these regulations before discharging to the sanitary sewer. Any pretreatment facilities required to pretreat wastewater to a level acceptable to the City shall be provided and maintained at the user's expense. In the event pretreatment or special facilities are required to make the industrial wastes acceptable, the user shall be required to furnish a compliance schedule and plans, approved prior to construction, showing the schedule of activities, time frame and method of pretreatment proposed. The pretreatment facility or measures shall be installed in conformity with the approved plans and other City Codes or regulations. The approval of the pretreatment method will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of these regulations. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City. The effectiveness of the pretreatment unit discharging to the sanitary sewer will be monitored by the City at the discharger's expense.

Permitted users shall notify the City prior to the introduction of new wastewater or pollutants or any substantial change in the volume or characteristics of the wastewater being introduced into the POTW from user's industrial activities. The City may deny or condition any proposed discharge if the discharge may have potential to violate applicable pretreatment standards or cause the City to violate its NPDES permit. Proposed discharge shall not commence without prior City approval. A written request must be submitted not less than 60 days prior to commencement of any proposed discharge.

In order that employees of users be informed of City requirements, users shall make available to their employees copies of these regulations together with such other wastewater information and notices which may be furnished by the City from time to time directed toward more effective water pollution control.

Article 4

Wastewater Volume Determination(Legislative History: Ordinance No. 2014-020, 11/17/14)

User charges and fees shall be based on the total amount of water used from all sources unless, in the opinion of the City, significant portions of water received are not discharged to the sanitary sewer. The total amount of water used from public and private sources will be determined by means of public meters or private meters, installed and maintained at the expense of the user and approved by the City.

Where, in the opinion of the City, a significant portion of the water received from any metered source does not flow into the sanitary sewer because of the principal activity of the user or removal by other means, the user charges and fees will be applied against the volume of water discharged from such premises into the sanitary sewer. Written notification and proof of the diversion of water must be provided by the user if the user is to avoid the application of the user charges and fees against the total amount of water used from all sources. The user must install a meter of a type and at a location approved by the City and at the user's expense. Such meters may measure either the amount of sewage discharged or the amount of water diverted. Such meters shall be tested for accuracy every two years at the expense of the user.

Where, in the opinion of the City, it is unnecessary or impractical for the user to install a meter, a conservative estimate of the quantity of wastewater may be used, provided it can be reasonably substantiated by the user. It is the user's responsibility to provide the City with justification for the desired adjustment. The request for an adjustment shall be based upon a rational determination of the wastewater diversion and may consider such factors as the number of fixtures, production of goods and services or such other determinants of water used in process and not discharged to the sanitary sewer. The user must submit a description of the justification and methodology for estimating the unmetered volume, in writing, to the City for approval.

Article 5

Reports and Permits(Legislative History: Ordinance No. 2014-020, 11/17/14)

(a) The City may require any user to file a periodic report. The report may include, but need not be limited to, nature of process, volume, rates of flow, hours of operation, number and classification of employees, or other information which relates to the generation of waste including wastewater constituents and characteristics in the wastewater discharge or alternate means of disposal. Such report may also include the chemical constituents of liquid or gaseous materials stored on site even though they may not normally be discharged. In addition to reports, the City may require information in the form of permit applications, self-monitoring reports, status reports, technical reports, hazardous waste disposal records, operation and maintenance records, compliance reports and compliance schedule progress reports.

(b) All users shall promptly notify the Manager by any standard means of communication in
advance of any change in volume or character of pollutants in their discharge, including the
listed or characteristic hazardous wastes for which the user has submitted initial notification
under local, Federal or State notification requirements.

(c) All users shall notify the Manager, the EPA Regional Waste Management Division
Director, and State hazardous waste authorities in writing of any discharge into the POTW
of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR
Part 261. Such notification shall include the name of the hazardous waste as set forth in 40
CFR Part 261, the applicable waste code and the type of discharge (continuous, batch or
other). If the discharge exceeds 100 kilograms of hazardous waste or any amount of acute
hazardous waste in any calendar month, the notification shall also contain the following
information: an identification of the hazardous constituents contained in the wastes, the
mass and concentration of such constituents in the wastestream discharged during that
calendar month and the mass of the constituents in the wastestream expected to be
discharged during the following 12 months. In the case of any notification made under this
subsection, the user shall certify that it has a program in place to reduce the volume and
toxicity of hazardous wastes generated.

(d) Within 180 days after the effective date of a Categorical Pretreatment Standard or 180 days
after the final administrative decision made upon a category determination submission
under 40 CFR Part 403.6(a)(4), whichever is later, existing users subject to such
Categorical Pretreatment Standards and currently discharging to or scheduled to discharge
to the POTW are required to submit to the Manager a Baseline Monitoring Report (BMR).
At least 90 days prior to commencement of discharge, new sources, and sources that
become industrial users subsequent to the promulgation of an applicable categorical
standard are required to submit to the Manager a Baseline Monitoring Report (BMR). The
BMR shall contain the information as required in 40 CFR Part 403.12(b). Part 403.12(b) of
40 CFR and any amendments thereto are incorporated by reference into this Chapter.

(e) Within 90 days following the date for final compliance with applicable categorical
pretreatment standards, or in the case of a new source, following commencement of
discharge for the regulated process, any user subject to such pretreatment standards and
requirements shall submit to the Manager a report documenting compliance with the
Categorical Standard deadline. The report shall contain at a minimum the information required by 40 CFR 403.12(b)(4) to (7). For users subject to equivalent mass or
concentration limits established in accordance with the procedures in 40 CFR 403.6(c),
this report shall also contain the long term production rate. For all other users subject to a
production based categorical standard the report shall include the actual production during
the appropriate sampling period. All compliance reports must be signed and certified
pursuant to Section 3-14-555 of this Chapter.

All major contributing industries and industries using/discharging EPA priority pollutants shall complete and file with the Manager, a permit application accompanied by the applicable fees. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information, including, but not limited to:

(a) Name, address and classification code (SIC) of applicant;

(b) Volume of wastewater to be discharged;

(c) Wastewater constituents and characteristics;

(d) Time and duration of discharge;

(e) Average and maximum wastewater flow rates, including daily, monthly and seasonal
variations, if any;

(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and
appurtenances by size, location and elevation;

(g) Description of activities, facilities and plant processes on the premises including all
materials that will or could be discharged;

(h) Each product produced by type, amount, and rate of production;

(i) Number and type of employees, and hours of work;

(j) Spill prevention plans;

(k) Solvent management plans;

(l) Pollution prevention plan;

(m) Storm water pollution prevention plan and monitoring plan;

(n) Any other information as may be deemed by the City to be necessary to evaluate the permit
application.

The City will evaluate the data furnished by the user and may require additional information.
After evaluation and approval of all the data required, the City may issue a permit, subject to
specific terms or conditions provided therein. The holder of all permits issued hereunder shall
be subject at all times to all applicable Federal, State, and local laws and regulations.

All major contributing industries proposing to discharge into the City sanitary sewer must obtain a permit within 60 days of the commencement of operation.

Industrial users may be required to obtain a permit if their discharge is regulated by any provisions of these regulations, State or Federal regulations, or at the discretion of the Manager. Under the following circumstances, a new or amended permit application must be filed with the City:

(a) Upon change of ownership of the property; or

(b) Upon change of occupancy; or

(c) Upon change of any activity that results in a change in the type of industrial/hazardous wastewater generated.

Holders of permits issued shall be subject at all times to all applicable Federal, State, and local laws and regulations. At no time and in no way, does the holder of any permit acquire, or be regarded as having acquired, a vested or continuing right to maintain, or to have continued, connection to the City sanitary sewer.

Permits shall be subject to all provisions of these regulations and all other regulations, user charges and fees established by the City. The conditions of permits shall be uniformly enforced by the City in accordance with these regulations, and applicable State and Federal regulations. Permits may contain restrictions and requirements including, but not limited to, the following:

(a) Separation of industrial wastewater from domestic sewage prior to discharge to the City
sanitary sewer;

(b) Limits on the average and maximum wastewater constituents and characteristics;

(c) Requirements for installation of inspection and sampling facilities;

(d) Pretreatment requirements;

(e) Compliance schedules;

(f) Specifications for self-monitoring programs which may include sampling locations,
frequency, and method of sampling, number, types and standards for tests, and reporting
schedules;

(g) Requirements for submission of technical reports, progress reports or discharge reports;

(h) Requirements to pay applicable user charges or fees within 30 days of invoice;

(i) Requirements for maintaining plant records relating to wastewater discharge as specified
by the City and allowing access to those records;

(j) Mean and maximum mass emission rates, or other appropriate limits when conservative or
toxic pollutants are proposed or present in the user's wastewater discharge;

(k) Other conditions or requirements as deemed appropriate by the City to ensure compliance with these regulations.

Permits shall be issued for a specified time period, not to exceed five years. If the user is not notified by the City 30 days prior to the expiration of the permit, the permit shall be extended one additional year. The terms and conditions of the permit may be subject to modification and change by the City during the life of the permit as limitations or requirements as identified in these regulations or applicable State or Federal regulations are modified and changed. The user shall be informed of any proposed pertinent changes at least 30 days prior to the effective date of change.

Permits are issued to a specific user for a specific operation. A permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation.

Any user who violates the following conditions of the permit or any conditions of these regulations, or applicable State and Federal regulations, is subject to having its permit revoked:

(a) Failure to factually report the wastewater constituents and characteristics of its discharge;

(b) Failure to report significant changes in operations, or wastewater constituents and
characteristics;

(c) Refusal of reasonable access to the user's premises for the purpose of inspection or
monitoring;

(d) Violation of conditions of pretreatment standards or regulations or of permit conditions; or

(e) Failure to pay applicable fees and charges within 60 days of invoicing.

The Manager may refuse to issue a permit if any one or more of the following conditions exist:

(a) The application for a permit contains false or misleading information.

(b) Issuance of the permit would result in the discharge of industrial wastes of such quantity or strength that the public health or safety, or public or private property is endangered.

(c) Issuance of the permit would cause the POTW to violate any permit conditions, laws, or regulations of the State and/or Federal government.

(d) The applicant has not provided plans for sufficient protection from accidental discharges to the sanitary sewer system or the environment.

All user information and data obtained from reports, questionnaires, permit applications, permits, monitoring, and inspections shall be available to the public without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the information is confidential business information within the meaning established at 40 CFR 2.201. Pursuant to 40 CFR 403.14(b), effluent information and data is not subject to confidentiality.

Information deemed confidential shall not be made available to the public but shall be made available to governmental agencies for use in making studies and for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report.

As outlined in Section 308(b), (c), and (d) of the Act, all information contained in an industrial user's file and/or submitted by an industrial user will be available to the Environmental Protection Agency, State agencies concerned with carrying out the Act, and other entities as specified within the section.

The City shall not be liable in damages to any permit applicant or user for any negligent disclosure of any confidential business information furnished to the City.

Special agreements and arrangements between the City and any persons or agencies may be established when, in the opinion of the City, unusual or extraordinary circumstances compel special terms and conditions. At no time shall special agreements be established when said agreement violates any local limits, specific numerical prohibitions and/or Federal Pretreatment Standard or Requirement.

All reports, permit applications or agreements shall be signed as follows: By a responsible corporate officer, if the user is a corporation; by a general partner or proprietor if the user is a partnership or sole proprietorship respectively; by a duly authorized representative of the designated individual above provided the authorization is submitted in writing to the City.

If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the signatory requirements above shall be submitted prior to or together with any reports to be signed by an authorized representative.

Any person signing reports, permit applications or agreements shall make the following certification:

"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."

Article 6

Accidental Discharge(Legislative History: Ordinance No. 2014-020, 11/17/14; Ordinance No. 2018-006, 3/19/18 (Sections 3-14-605, 3-14-640))

Each user shall provide protection from accidental discharge of prohibited materials regulated by Pretreat-ment Standards or Requirements or other wastes determined to be harmful or hazardous by State or Federal regulations into the City's sanitary sewer and/or storm sewer. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review, and shall be approved by the City before construction of the protective facilities. It is the user's responsibility to submit plans which are in compliance with Federal, State and local regulations.

The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facilities as necessary to protect the sanitary or storm sewer system. The review and approval of such plans will in no way relieve the user of any responsibility or liabilities in the event of a spill or accidental discharge.

Users shall immediately notify the POTW upon any changes at their facilities affecting the potential for a slug discharge or accidentally discharging wastes in violation of these regulations and/or discharging a slug load to enable counter measures to be taken by the City to minimize damage to the sewerage system and the receiving waters. This notification does not relieve the user of the responsibility of notifying all other required agencies as outlined in the California Code of Regulations, Title 19, and other applicable regulations.

The initial notification shall be followed, within five days of the date of occurrence, by a detailed written statement to the Manager describing the causes of the accidental discharge and the measures being taken to prevent future occurrences. Such notification will not relieve users of liability for any expense, loss or damage, or for any fines imposed by the City, or for other violations of Federal, State, or local laws where applicable.

Any person responsible for any unauthorized discharge shall keep accurate records of the events of the discharge at the time of the discharge. The record shall include all pertinent information related to the unauthorized discharge, including, but not limited to, dates, times, names of parties involved, volume of discharge, substance discharged, agencies notified and corrective action taken. Discharger shall keep all records related to the unauthorized discharge for at least five years. Records shall be available for review by the City upon request.

Any person responsible for any unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, with the cost borne by the discharger. When deemed necessary by the Manager, identification and clean-up of the discharge may be initiated by the City or by an authorized individual or firm. All costs associated with such clean-up shall be borne by the owner, user or other person responsible for the unauthorized discharge.

In the event that the clean-up costs are less than the cost of legal disposal, a fine may be levied. The fine may be the difference between the cost of legal disposal and the actual cleanup cost, plus 25% of the total amount.

A notice shall be furnished and permanently posted in a conspicuous place on the premises of each commercial or industrial user advising employees whom to call in case of an accidental discharge in violation of these regulations.

In order that employees of users be informed of City requirements, users shall make available to their employees copies of these regulations together with other environmental information and notices which may be furnished by the City.

The user shall provide adequate containment of materials that are prohibited from discharge or could have a deleterious effect in the event of an accidental discharge. The user shall be responsible for protecting the City sewer inlets from intentional or unintentional discharges of such materials. All points of entry to the sanitary sewer are subject to review and approval by the City. Potential points of entry for accidental discharge must be clearly labeled to provide warning. The user shall be responsible for immediately reporting any accidental discharge to the sanitary sewer.

All users are required, when requested by the City, to develop and implement a Slug/Spill Prevention Plan. Each plan shall include at a minimum; discharge practices (including non- routine batch discharges), guidelines for storage of chemicals, location of chemical storage, procedures to notify the POTW immediately of slug discharges and spills, operation and maintenance procedures, general housekeeping practices, training programs, and other information as required. Slug control plan elements are specified at 40 CFR 403.8(f)(2)(vi).

The operation, maintenance, and repair of private sewer laterals are the responsibility of the property owner or user. The reconnection of a property owner's or user's private sewer lateral to a relocated City sanitary sewer main upon a determination by the City Engineer that conditions related to particular sections of sanitary sewer or the sewerage system require the necessary and appropriate reconnection shall be the responsibility of the City. In such instances, the City's responsibility shall be limited to reimbursing a property owner's or user's costs to reconnect from the premises to the POTW. Any person responsible for a sewer overflow shall take immediate action to contain, control, and cease the unauthorized discharge and institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, with the cost borne by the discharger. When deemed necessary by the Manager, clean- up of the discharge may be initiated.

Article 7

Monitoring and Inspection(Legislative History: Ordinance No. 2014-020, 11/17/14)

The collection of samples of wastewater for the measurement of constituents controlled by Sections 3-14-300 through 3-14-310 of this Chapter shall be at the combined facility discharge. Monitoring locations for the collection of samples of wastewater for the measurement of constituents controlled by National Pretreatment Standards are specified in the applicable Federal point source category Part in 40 CFR and may be at the discharge of the regulated process, or after pretreatment of Federally regulated process flows.

Where self-monitoring is required, such monitoring shall be provided by the user at the user's expense, and analyzed using approved methods in a laboratory certified by the State to perform such analyses. Significant industrial users that are required to submit periodic self-monitoring reports shall report the results of all monitoring of regulated pollutants at the designated sampling point.

If self-monitoring performed by a user indicates a violation, the user shall notify the Manager

within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Manager within 30 days after becoming aware of the violation. The user is not required to resample if the City monitors at the user's facility at least once per month provided the monitoring includes the pollutant in violation, or if the City performs a compliance monitoring sampling event between the time of the user's initial sampling and when the results of this sampling were received, or if the user requests that the City perform a violation follow-up sample event and analysis to determine current compliance status. Monitoring shall comply with the requirements in 40 CFR 403.

The Manager may require the user to construct, at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems and may also require sampling or metering equipment to be provided, installed, and operated at the user's expense. The monitoring facility should be situated on the user's premises, but the City 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 area and located so that it will not be obstructed by landscaping or parked vehicles.

In the event that a monitoring facility is allowed to be constructed in the public right-of-way, the user shall indemnify, hold harmless and defend the City against any claim, cause of action, disability, loss, liability, damage, cost or expense, which in any way arises out of the monitoring facility, or its use.

If the monitoring facility is inside the user's secured premises, 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 monitoring facilities to allow accurate sampling. The monitoring facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, 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 90 days following written notification by the City that such monitoring facilities are required, unless a time extension is granted by the City.

In the event that the installation of a monitoring facility is not practical, the Manager may approve an alternative point for sampling, monitoring or inspection.

The Manager may require the user to upgrade or modify an existing monitoring facility.

The City may inspect the facilities of any user to ascertain whether these regulations are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all reasonable times to all parts of the premises for the purpose of inspection or sampling in the performance of any of their duties. The City shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. Where a user has security measures in force that would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security personnel. Upon presentation of suitable identification, personnel from the City will be permitted to enter without delay for the purpose of performing their specific responsibilities.

The user shall retain all records for three years resulting from all sampling or monitoring performed for analyses of regulated contaminants. This period of retention shall be extended during the course of any unresolved litigation regarding the user or the centralized waste treatment facility, or when requested by the POTW, the Manager or the Regional Administrator. Records shall be available for inspection and copying.

Whenever deemed necessary by the Manager, the owner of any private premises shall, at his or her own expense, provide treatment or take such other measures, as shall be required in order to reduce objectionable characteristics, content, or rate of discharge of waters or wastes being deposited in the sanitary sewer system so that the same may be received therein without any damage to the sewer system or any undue interference with its operation.

All sampling and analysis required under this Chapter or the Act or in conjunction with a pretreatment permit shall be conducted using appropriate methods and procedures as outlined in 40 CFR Part136 entitled, "Guidelines Establishing Test Procedures for the Analysis of Pollutants." Alternate test procedures may be approved for limited use pursuant to 40 CFR 136.5, and other test procedures may be specified as described at 40 CFR 401.13.

Article 8

Administration(Legislative History: Ordinance No. 2014-020, 11/17/14; Ordinance No. 2019-013, 9/3/19)

(a) Determination of User Charges and Fees. When user classification charges are established, they shall be based upon a minimum basic charge for each premises, computed on the basis of wastewater from a basic domestic premises with the following characteristics:

Characteristic Milligrams Per Liter

Biochemical oxygen demand (BOD) 300 mg/l

Total suspended solids (TSS) 320 mg/l

Volume 145 gal. per day per single-family dwelling unit.

Volume 121 gal. per day per multiple-family dwelling
unit.

The charges for all characteristics of users other than the basic domestic premises shall
be based upon the relative difference between the average wastewater constituents and
characteristics of that classification as related to those of a domestic premises. The charges
and fees established for industrial users shall be based upon the measured or estimated
constituents and characteristics of that user which may include, but are not limited to, BOD,
TSS, and volume.

If any provision of these regulations or the application to any person or circumstances is held invalid, the remainder of the regulations or the application of such provisions to other persons or other circumstances shall not be affected.

Every user shall pay to the City all charges and fees levied upon their connection to and use of the sanitary sewer in accordance with the City's schedule of charges and fees.

Fees and charges for residential dwelling units (houses, apartments, condominiums and the like) for the period of July 1 to and including June 30 of each fiscal year shall be filed with the County Auditor of the County of Alameda prior to August 10, who shall enter such fees and charges as an assessment of the tax roll and against the respective premises. Said assessment shall be collected at the same time and in the same manner as ad valorem taxes and other charges as are otherwise collectible by the County and shall be subject to the same penalties and the same procedures and sale in the case of delinquencies as provided for such taxes. All laws applicable to the levying, collection and enforcement of ad valorem taxes shall be applicable to such assessments as provided herein. All other fees and charges not assigned for collection to the County Auditor shall be billed and collected by the Finance Department of the City of San Leandro. All charges and fees are due and payable on receipt of a bill therefor. Such charges and fees shall be paid to the City as directed upon the bill. Upon the expiration of 30 days after billing the charges and fees shall become delinquent if the bill, or that portion thereof which is not in bona fide dispute, remains unpaid. If the assessment delinquency extends beyond a 30 day period the City may assess a delinquency of the unpaid balance.

During July of each year, the Manager shall submit to the City's governing body a report of delinquent charges and fees. A time, date and place for hearing the report and any objection or protests thereto shall be fixed by the City Clerk. Not less than 10 days prior to the date of such hearing, the Manager shall mail written notice thereof to the owner of each of the premises affected thereby, using for this purpose the names and addresses which appear on the last equalized tax assessment roll.

At said hearing the government body shall hear any objections or protests of owners of premises liable to be assessed for delinquent charges or fees. The governing body may make such revisions or corrections to the report as it deems just, after which the report shall be confirmed by resolution. The delinquent charges and fees set forth in the report as confirmed shall constitute special assessments against the respective premises and are a lien on the premises for the amounts of such delinquent charges and fees. Prior to August 10, a certified copy of the confirmed report shall be filed with the County Auditor, who shall enter each assessment on the tax roll against the respective premises. Said assessment shall be collected at the same time and in the same manner as ordinary municipal ad valorem taxes and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem property taxes shall be applicable to such assessments. The lien created attaches upon recordation of a certified copy of the confirmed report in the office of the County Recorder and shall continue until the charges and fees are fully paid.

The City will annually provide public notice, in a newspaper of general circulation within the jurisdiction of the POTW, of industrial users that, during the previous 12 months, were in significant non-compliance with applicable pretreatment standards and requirements per the provisions of 40 CFR 403.8(f)(2)(viii).

After providing adequate notice and a reasonable opportunity to be heard, the City may revoke any permit, and/or halt or prevent any discharge of pollutants to the POTW which reasonably appears to present an imminent endangerment to the health or welfare of persons. The City also maintains the authority to halt or prevent any discharge to the sanitary sewer system which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the POTW.

If service is terminated it shall be unlawful for any person to discharge any material to the City sanitary sewer. This provision is in addition to other statutes, rules, or regulations, authorizing termination of service for delinquency in payment.