Santa Paula Municipal Code Part 5 Industrial Wastewater Discharge Permit System

(A) It is unlawful for any person to discharge or cause to be discharged any industrial wastewater directly or indirectly to any city sewer without first obtaining a city permit for industrial wastewater discharge.

(B) The permit for industrial wastewater discharge may require a pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers of the city, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs to the city created by the wastewater discharge and other conditions as may be required to effectuate the purpose of this chapter.

(C) If the Public Works Director or his designee decides that a slug control plan is needed, the plan must contain, at a minimum, the following elements:

(1) Description of discharge practices;

(2) Description of stored chemicals;

(3) Procedures for immediately notifying the city sewer system of slug discharges, including any discharge that would violate a prohibition under 40 CFR § 403.5(b), with procedures for follow-up written notification within five days;

(4) If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response (40 CFR § 403.8(f)(1)(iii)).

(D) The city will deny or condition new or increased contributions of pollutants or changes in the nature of pollutants from industrial users based on industry’s violations of applicable pretreatment standards or the limitations imposed by this chapter or where the contributions could cause the city’s wastewater treatment plant to violate its NPDES permit (40 CFR § 403.8(f)(1)(iii)).

(E) In addition each permit upon renewal or each application for a permit must be accompanied by the fees as required by this chapter and the schedule of fees adopted by the City Council.

(Ord. 1093, passed 2-17-04; Am. Ord. 1250, passed 5-20-13) Penalty, see § 51.999

(A) The user seeking an industrial discharge permit must complete an application form provided by the Director and file it with the Director accompanied by the required fee.

(B) In support of this application, the applicant must supply in the following information:

(1) Name and address of applicant and standard industrial classification (S.I.C.) number of the operations to be carried out by user;

(2) The location of the discharge;

(3) Time and duration of discharge;

(4) Estimated average and peak flow rates including any expected daily, monthly and seasonal variations;

(5) Major constituents and characteristics including without limitation those regulated by this chapter and the applicable categorical standards as determined by a certified analytical laboratory;

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

(7) Description of toxic or hazardous materials stored or used on the premises, which are or could be discharged to the city's sewer system;

(8) Each product by type and production process;

(9) Identification of applicable regulating pretreatment standards;

(10) Number of employees and normal hours of operation of the facility;

(11) Any other information, which may be deemed necessary by the Director to evaluate the permit application.

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

(A) The industrial wastewater discharge permit must constitute the performance specification to which each industrial user must conform in order to maintain authorization to use the city's sewer system.

(B) Industrial wastewater discharge permits must be expressly subject to all provisions of this chapter, federal pretreatment standards and regulations pursuant to § 307 et seq. of the Clean Water Act (33 U.S.C. §§ 1317 et seq.) and all other regulations, user charges and fees established by the city.

(C) Permit conditions must be uniformly enforced in accordance with this chapter and applicable state and federal regulations.

(D) Permit conditions may include without limitation the following, in accordance with 40 CFR § 403.12(b):

(1) Limits on the average and/or maximum wastewater constituent concentrations and other relevant qualitative characteristics;

(2) Mass emission discharge rates or any more stringent federal pretreatment standards and user's average daily wastewater discharge for the past three years. When not available, data for a year or that, which is mutually acceptable to the user and the city, will be used;

(3) Limits on rate and time of discharge or requirements for flow regulations and equalization;

(4) Requirements for installation of inspection and sampling facilities and specifications for monitoring programs;

(5) Requirements for maintaining and submitting technical self-monitoring reports and plant records relating to Industrial wastewater discharges;

(6) Compliance schedules;

(7) Applicable federal pretreatment standards which are more stringent than local limitations;

(8) Other conditions to ensure compliance with this chapter.

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

A compliance schedule required as a result of an industrial user's noncompliance with applicable federal and/or local pretreatment standards or requirements, or for the installation of technology required to meet applicable standards or requirements must be based on the following:

(A) A list of the expected increments of progress in the form of dates for the commencement and completion of major events leading to consistent compliance with applicable federal and/or local pretreatment standards;

(B) No increment referred to above exceed three months;

(C) Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user must submit a progress report to the Director including as a minimum, whether or not the user complied with the latest increment of progress, the reason for delay, and the steps taken by the user to return to the schedule established.

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

(A) Permits are issued for a period of one year. The terms and conditions of the permit may be subject to modification as limitations or requirements in this chapter are modified or as a result of pretreatment standards and/or requirements promulgated pursuant to §§ 307 et seq. of the Clean Water Act, 33 U.S.C. §§ 1317 et seq.

(B) The user must be informed of the proposed changes in the user's permit 30 days before the effective date of the change. Any new conditions in the permit must include a reasonable compliance schedule to be proposed by the industrial user and approved by the Director. The compliance schedule will allow the user time to modify the industrial process sufficiently to comply with the new permit changes.

(C) Permits issued to each industrial user must be based on the user's typical discharge rate, peak discharge rate and wastewater constituents and characteristics as described in the user's permit application or through the Director's knowledge of the history of the user's discharge.

(D) The user is required to promptly notify the Director of any significant changes in the user's operation that may affect the user's discharge rate, peak flow rate, wastewater constituents or characteristics (40 CFR § 403.12(j)).

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

Industrial wastewater discharge permits are issued to a specific user for a specific operation. A permit must not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation.

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

(A) When the Director determines that a condition and/or discharge is in violation of any provision of this chapter or in violation of any permit condition or limitation imposed, the industrial user must be issued a notice of violation by the Director which specifies the violation or designates the deficiencies and must specify a period of time within which the discharge must be brought into conformity with all requirements.

(B) The period of time specified by the Director must be reasonably related to the character of the violation, to the quality and quantity of the discharge and to the risk imposed upon the city's sewer system or threatened to the public health, safety and welfare.

(C) The discharger must submit in writing, to the Director, the following:

(1) An explanation as to the cause of violation;

(2) A compliance schedule, which outlines the methods undertaken to remedy the violation and to assure a repetition of the violation, does not occur.

(D) If sampling performed by a user indicates a violation, the user must notify the control authority as soon as possible but no later than 24 hours of becoming aware of the violation.

(E) The user must also immediately repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within the time period specified by the control authority but at no time greater than 30 days after becoming aware of the violation.

(F) The user may not be required to resample if the control authority monitors at the user's facility at least once a month, or if the control authority samples between the user's initial sampling and when the user receives the results of this sampling.

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

(A) The Director may suspend a permit if the suspension is necessary to terminate a discharge which is in violation of any provision of this chapter; provided, that a notice of violation has been served on the user and the time designated therein to correct the violation has expired.

(B) The Director may suspend a permit upon informal notice only, if immediate suspension is necessary to terminate a discharge which presents an imminent hazard to the local environment and/or public health, to the city's sewer system or to city personnel or the termination of which is reasonably required to preserve the public health, safety or welfare.

(C) Any person notified of the suspension of the industrial wastewater discharge permit must immediately stop or eliminate the discharge of the specified wastewater or other material into the city's sewer system. In the event of a failure of the person to comply voluntarily with the suspension order, the city must take such steps as deemed necessary, including, without limitation, immediate severance of the sewer connection, to prevent or minimize damage to the city's sewer system or endangerment of any individuals.

(D) The Director must reinstate a permit suspended hereunder upon proof of the user's compliance with the notice of violation and with the requirements of this chapter. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence must be submitted to the city within 15 days of the date of occurrence.

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

(A) Any industrial user who violates the conditions of the user's permit or provisions of this chapter or applicable federal and state regulations is subject to having the user's permit revoked.

(B) Violations subjecting a user to possible revocation of the permit include, without limitation, the following:

(1) Failure of a user to report factually their wastewater constituents or concentrations or to comply with their self-monitoring requirements;

(2) Failure of the user to report significant changes in operations or wastewater constituents and characteristics;

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

(4) Violation of conditions of the user's permit; or

(5) Failure of the user to comply with the terms of the user's compliance schedule.

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

(A) Any user who commences the discharge of hazardous waste must notify the control authority, the EPA Regional Waste Management Division Director, state hazardous waste authorities and the Governor's Office of Emergency Services in writing, of any discharge into the wastewater treatment plant of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261.

(1) The notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other).

(2) If the user discharges more than 100 kilograms of the hazardous waste per calendar month to the wastewater treatment plant, the notification must also contain the following information to the extent the information is known or readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.

(3) All notifications must be provided not later than 180 days after the discharge commences.

(4) Any notification under this section need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under this chapter.

(5) The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of this chapter.

(B) Discharges are exempt from the requirements of division (A) of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, is discharged unless the wastes are acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(e).

(1) Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(e), requires a one-time notification.

(2) Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

(C) In the case of any new regulations under Section 3001 of the Resource Conservation and Recovery Act identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the control authority, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of the substance within 90 days of the effective date of the regulations.

(D) In the case of any notification made under this section, the user must certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it is feasible.

(E) This reporting provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.

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