Santa Paula Municipal Code Part 2 Administration of System

The Director is authorized to administer, implement and enforce the provisions of this chapter. Any ministerial powers granted to or duties imposed upon the Director may be delegated by the Director to persons acting in the employ of or under contract to the city.

(Ord. 1093, passed 2-17-04)

(A) The Director is authorized to promulgate regulations and standards reasonably necessary to protect the city's sewer system, to comply with all applicable federal and state laws required by the Clean Water Act, 33 U.S.C. §§ 1251 et seq., as amended, and the General Pretreatment Regulations, 40 CFR Part 403, to control and regulate the proper use thereof, to prevent overflow, and to provide for the issuance, suspension or revocation of industrial wastewater discharge permits; provided, however, the regulations must be consistent with the provisions of this chapter and formulated to result in the uniform control of the total sewer system within the city.

(B) The Director, as the Director deems necessary, is authorized to promulgate reasonable regulations relating to the rate of flow and the quality and quantity of wastewater discharges to the sewer system of the city, which must be consistent with and implement the purposes of this chapter.

(Ord. 1093, passed 2-17-04)

The Director, through a program of inspection and sampling will ensure compliance with the provisions of this chapter, the user's industrial wastewater discharge permit and all applicable federal and state laws and regulations. The program must include, without limitation, the review of self-monitoring reports, inspections, sampling, flow verification and the retention of all necessary records (40 CFR § 403.8(f)(1)(v)).

(A) The Director must inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all prohibitions, limitations and requirements are being complied with.

(B) Upon presentation of proper identification, persons or occupants of premises where waste or wastewater is created or discharged must allow inspectors ready access, at all reasonable times, to all parts of the premises for the purposes of inspection, sampling, records examination, evidence gathering or in the performance of any of their other duties.

(C) In addition, the Director may enter property at any hour under emergency circumstances involving the city's sewer system.

(D) The city, the approval authority and the EPA have the right to set up on the user's property the devices needed to conduct sampling inspection, compliance monitoring or metering operations.

(E) The Director, the EPA or approval authority must have access to and the right to inspect and copy all of an industrial user's records pertaining to wastewater discharge and compliance with pretreatment standards and pretreatment requirements, whether the records are located at the facility where the wastewater is created or discharged, or at another facility of user.

(F) The Director will require the development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and requirements and the submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements, including without limitation the reports required in 40 CFR § 403(12)(c).

(G) During the inspection and compliance-monitoring activities, the inspector must observe all reasonable security, safety and sanitation measures. In addition, the inspector must observe reasonable precautionary measures specified by the user.

(H) Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user must make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the city, approval authority or EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

(I) It is unlawful for any person to interfere with, delay, resist, or refuse entrance to an authorized inspector attempting to inspect any raw material, waste or wastewater generation, conveyance, treatment or storage facility (40 CFR § 403.8(f)(1)(vi)(B)).

(J) A report listing any deficiencies and/or violations found during the inspection must be prepared by the inspector and must be kept on file at the city office. A copy of the report must be provided to the user.

(K) If corrections are needed, the user must provide to the Director an approved compliance schedule.

(L) When obtaining samples, the inspector must allow the user to collect replicate samples for separate analysis.

(Ord. 1093, passed 2-17-04) Penalty, see § 51.999

All lateral building sewers including that portion within public right-of-way and connections, including the wye or saddle at the sewer main, are owned by and maintained at the expense of the property owner.

(Ord. 1093, passed 2-17-04) Penalty, see § 51.999

(A) If sewer system capacity is not available, the Director may restrict discharge until sufficient capacity can be made available. The Director must advise any person desiring to locate a new facility of the areas where wastewater of the proposed quantity and quality can be received by available sewer system capacity. The Director may refuse immediate service to any new facility located in an area where there is insufficient capacity in the city's sewer system to accommodate the proposed quality and quantity of the wastewater or where the discharge of the wastewater will violate any of the provisions of this chapter or cause the city's wastewater treatment plant to violate its NPDES permit.

(B) The Director may restrict the rate of discharge into any sanitary sewer during the peak flow hours (8:00 a.m. to 10:00 p.m.) or at any other time when required to prevent the overloading of the sewer system. A discharger so restricted must be required either to curtail the discharger's rate of discharge or to provide approved storage or retention facilities for the wastewater. Wastewater so retained may be discharged into a sanitary sewer between the hours of 10:00 p.m. and 8:00 a.m., or during other periods prescribed by the Director, at a rate of flow, which the sewer system can accommodate.

(Ord. 1093, passed 2-17-04) Penalty, see § 51.999

Any person who discharges or causes to be discharged into the city's sewer system either directly or indirectly, any waste or wastewater which creates a stoppage, plugging, breakage, permanent reduction in the capacity of a sewer, or any other damage to the city's sewer system is liable for the damage and for sewer system maintenance expense occasioned thereby. The expense and the damage is a debt to the city and will be charged to the discharger by the Director. Any excessive maintenance expense or any other expenses attributable thereto will be charged to the offending discharger by the city.

(Ord. 1093, passed 2-17-04)

Any person who discharges or causes to be discharged into the city's sewer system, either directly or indirectly, any prohibited waste or wastewater which causes damage to the system, causes detrimental effects upon city wastewater treatment plan processes or causes the violation of a discharge requirement or regulation imposed by a regulatory agency is liable for all damages and costs occasioned thereby, including any penalty assessed by a regulatory agency. The damages, costs or penalty assessed are a debt to the city and will be charged to the user by the Director.

(Ord. 1093, passed 2-17-04) Penalty, see § 51.999

(A) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections must be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as confidential information of the user. Information which the federal Department of Homeland Security has categorized as "critical infrastructure information" is exempt from disclosure under the federal Homeland Security Act of 2002, Pub. L. No. 107-296.

(B) When requested by the person furnishing a report, the portions of the report which might disclose trade secrets or secret processes must not be made available for inspection by the public, but must be made available upon written request to governmental agencies for uses related to this chapter and/or the National Pollutant Discharge Elimination System; provided, however, that the portions of a report must be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report (40 CFR § 403.8(f)(1)(vii)). Information and data provided to the control authority pertaining to effluent constituents and characteristics must be available to the public without restrictions (40 CFR § 403.14(b)). However, information which the federal Department of Homeland Security has categorized as "critical infrastructure information" is exempt from disclosure under the federal Homeland Security Act of 2002, Pub. L. No. 107-296.

(Ord. 1093, passed 2-17-04)

Except as otherwise provided, a person may request administrative review of the Director's decision pursuant to this chapter.

(Ord. 1093, passed 2-17-04)

(A) Except as otherwise provided, a request for review must be commenced within ten days from the date on which written notice of the Director's decision is made.

(B) If a request for review is untimely, the Director may, nevertheless, extend the time for commencing the review for good cause shown.

(Ord. 1093, passed 2-17-04)

A request for administrative review will be on a form provided by the Director and contain the following information:

(A) The name, address and telephone number of the person making the request;

(B) A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued;

(C) A brief description of all grounds for making the request; and

(D) The other information as may be required by the Director.

(Ord. 1093, passed 2-17-04)

(A) Upon request for administrative review being filed, the Director will provide a copy of the notice to the City Manager, or designee, within ten business days.

(B) Upon receiving a request for review from the Director, the City Manager, or designee, will review the request and, within ten days of receiving the request notice, provide the person requesting review with a written notification that:

(1) The Director's decision is affirmed;

(2) The Director's decision is modified;

(3) The Director's decision is reversed.

(C) The City Manager, or designee, may, but is not required to, conduct a hearing at a time and place determined at the City Manager's sole discretion.

(D) In addition to other provisions of this chapter, any notification to the person requesting administrative review must set forth any modifications of the Director's decision.

(Ord. 1093, passed 2-17-04)

Unless otherwise provided, an applicant may appeal the City Manager's decision to the City Council within ten days of that decision as provided elsewhere in this code or by city policy and procedure.

(Ord. 1093, passed 2-17-04)

Public notification will be made at least annually in the largest daily local newspaper listing all local industries that, during the previous 12 months, were significantly violating applicable federal pretreatment standards or other pretreatment requirements. For the purposes of this provision, a significant violation would be those violations which remained uncorrected 45 days after notification of the violation; which are a part of pattern of noncompliance over a 12-month period; which involves a failure to report noncompliance accurately; or which resulted in the city exercising its emergency authority (40 CFR § 403.8(f)(2)(vii)).

(Ord. 1093, passed 2-17-04)