San Leandro Municipal Code Art. 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.

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.

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."