Santa Clara Municipal Code Art. IV Wastewater Discharge Permits – Reports

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.

(Ord. 1901 § 2, 11-27-2012; Ord. 2039 § 16, 1-11-2022)

(a) Wastewater 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 wastewater 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 (30) days prior to the effective date of the amendment.

(d) The Director may include a compliance schedule in an amended permit.

(Ord. 1901 § 2, 11-27-2012)

(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 wastewater 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.

(d) Waiver of Pollutants Not Present.

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

(A) 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;

(B) Signature in compliance with SCCC § 13.10.460;

(C) Certification statement as specified under 40 CFR Section 403.6(a)(2)(ii); and

(D) Other technical factors as may be required by the Director to demonstrate that the pollutant is not present in the industrial user's discharge.

(2) 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 Section 403.12(e)(2)(v) that there has been no increase in the waste stream due to the activities of the user of the pollutant that was waived.

(3) 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. 1901 § 2, 11-27-2012; Ord. 2039 § 17, 1-11-2022)

(a) Discharge permit applications are due ninety (90) days prior to (1) commencing discharge to the sanitary sewer system, (2) commencing operation of a zero discharging categorical process, or (3) expiration of the 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 (30) days after the application due date, the penalty shall be fifty percent (50%) of the permit fee.

(2) Thirty-one (31) to ninety (90) days after the application due date, the penalty shall be one hundred percent (100%) of the permit fee.

(3) Ninety-one (91) days to one year after the application date, the penalty shall be two hundred percent (200%) of the permit fee.

(4) More than one year after the application due date, the penalty shall be one thousand percent (1,000%) of the permit fee.

(b) Such penalties shall be in addition to any other penalties or fines that may be levied, and they are in addition to any other remedies that the City may have with respect to the discharge.

(c) The Director 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 no later than thirty (30) days from the date the application was due;

(2) The industrial discharger has applied to the Director for a waiver no later than thirty (30) 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 plant 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 cured despite the exercise of ordinary care and the absence of willful neglect.

(Ord. 1901 § 2, 11-27-2012; Ord. 1920 § 2, 2-25-2014)

(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 user 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:

(Ord. 1901 § 2, 11-27-2012; Ord. 2039 § 18, 1-11-2022)

(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.

(Ord. 1901 § 2, 11-27-2012; Ord. 2039 § 19, 1-11-2022)

(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 permits 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 advance 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 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.

(Ord. 1901 § 2, 11-27-2012; Ord. 2039 § 20, 1-11-2022)

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 or safety, or 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 discharger'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.

(Ord. 1901 § 2, 11-27-2012)

(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 law 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 law 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;

(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 of 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;

(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.

(Ord. 1901 § 2, 11-27-2012; Ord. 1920 § 3, 2-25-2014; Ord. 2039 § 21, 1-11-2022)

Any permittee or permit applicant may appeal a notice of revocation of a wastewater 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 in accordance with the provisions of Chapter 2.115 SCCC.

(Ord. 1901 § 2, 11-27-2012; Ord. 2007 § 18, 11-19-2019)

All industrial users subject to the reporting requirements of this chapter shall retain and make available for inspections and copying all records of information obtained pursuant to any monitoring activities required by this chapter, and 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 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. 1901 § 2, 11-27-2012)

(a) The Director may develop best management practices (BMPs), by ordinance 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.

(Ord. 2039 § 22, 1-11-2022)