Scotts Valley Municipal Code Art. IV Reports, Permits and Administration

A. Discharge Reports. Every industrial user shall file a periodic discharge report at such intervals as are designated by the manager. The manager may require any other users discharging or proposing to discharge into the sanitary sewer system to file such periodic reports. The discharge report shall include, but, at the discretion of the manager, shall not be limited to, nature of process, volume of wastewater, rates of flow, mass emission rate, production quantities, hours of operation, concentrations of regulated pollutants, or other information related to the generation of waste. Such reports may also include the chemical constituents and quantity of liquid materials stored on site. In addition to discharge reports, the manager may require information in the form of industrial wastewater discharge permit applications and self-monitoring reports.

B. Wastewater Records and Monitoring.

1. All industrial users who discharge or propose to discharge wastewater to the sanitary sewer system shall maintain such records of production, effluent flows, and pollutant amounts or concentrations that are necessary to demonstrate compliance with the requirements of this chapter and any applicable state or federal pretreatment standards or requirements. Such records shall be made available upon request by the manager. Records of monitoring activities and results must be retained for a minimum of three years.

2. Pursuant to Section 13.04.145, the owner or operator of any premises or facility discharging industrial waste into the sanitary sewer system shall install suitable sampling manholes and monitoring equipment to facilitate the accurate observation, sampling, and flow measurement of wastewater. In the event that no such sampling facility is available, the point of sampling shall be considered to be the nearest downstream manhole in the sanitary sewer system.

C. Inspection, Sampling, and Analysis.

1. Compliance Determinations. Compliance determinations with respect to this chapter may be made on the basis of either instantaneous grab samples or composite samples of wastewater. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics. Composite samples may be taken over a twenty-four hour period, or over a longer or shorter time span, as determined by the manager to meet the needs of specific circumstances. Twenty-four-hour composite samples are required for all other pollutants not mentioned previously, using flow-proportional techniques where feasible.

2. Analysis of Industrial Wastewaters. Collection and preservation of industrial wastewater samples shall be in accordance with procedures contained in 40 CFR Part 136 and amendments thereto or with any other test procedure approved by the EPA administrator. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, sampling and analyses shall be performed using validated analytical methods as prescribed in the most current edition of Standard Methods for the Examination of Water and Wastewater, as published jointly by the American Public Health Association, American Water Works Association, and the Water Pollution Control Federation. All analytical measurements shall be performed by a laboratory certified or registered by the California Department of Health Services to perform the analytical measurements.

3. Sampling Frequency. Sampling of industrial wastewater for the purpose of compliance determination with respect to this chapter will be done at such intervals as the manager may designate.

(Ord. 79.18 § II.A (part), 1993)

A. Purpose of Permit. The purpose of a wastewater discharge permit is:

1. To provide for and regulate the disposal of industrial wastewaters in the sanitary sewer system.

2. To provide for the charging and collecting of various fees and other charges necessary for the administration and issuance of wastewater discharge permits.

B. Wastewater Discharge Permits Required. All significant users of the sanitary sewer system shall obtain a wastewater discharge permit for each site or facility discharging wastewater.

C. Time of Application.

1. Existing Dischargers. All existing significant users connected to or discharging to any part of the sanitary sewer system must submit a wastewater discharge permit application within ninety days from the date of notification. All existing significant users for which a wastewater discharge permit has been issued by the manager must apply for a new permit if the user wishes to increase the quantity or strength of discharge.

2. Potential Dischargers. All potential significant users proposing to connect to or discharge into any part of the sanitary sewer system must first obtain a wastewater discharge permit therefor. Potential significant users must submit a wastewater discharge permit application at the time an application for a building permit or sewer permit is made.

(Ord. 79.18 § II.A (part), 1993)

A. Users seeking a wastewater discharge permit shall complete and file with the manager an application on the form prescribed by the manager, and accompanied by the applicable fees, which shall be established by the manager. The application must be signed by an executive officer of the business desiring to discharge industrial wastewater. Such executive officer shall be at least of the level of vice president, general partner, president, or an individual responsible for the overall operation of the facility applying for the permit.

B. In support of this application, the user shall submit the following information:

1. Name, address, and Standard Industrial Classification (SIC) number of applicant.

2. Volume of wastewater to be discharged.

3. Wastewater constituents and characteristics including, but not limited to, those set forth in Sections 13.04.060 and 13.04.070 as determined by an analytical laboratory meeting the requirements of Section 13.04.100 (2).

4. Time and duration of discharge.

5. Average daily and fifteen minute peak wastewater flow rates.

6. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation.

7. Description of activities, facilities, and plant processes on the premises including all materials and types of materials which are, or could be, discharged.

8. Each product produced by type, amount and rate of production.

9. Number and type of employees and hours of work.

10. Any other information as may be deemed by the manager to be necessary to evaluate the permit application.

(Ord. 79.18 § II.A (part), 1993)

A. Issuance of Wastewater Discharge Permit.

1. If the manager is not satisfied that the permit application has sufficient information to determine whether the permit should be issued, the manager shall refuse to issue the permit and the application shall be returned to the applicant with an explanation of the required information within thirty days of the date of the date of filing. Thereafter, the applicant shall have thirty days to complete the application. If the returned application is not resubmitted within thirty days (or such longer period of time as specified by the manager), then a new application for a wastewater discharge permit must be submitted along with the appropriate permit application fee.

2. The manager shall either issue or refuse to issue a wastewater permit within ninety days of the date such an application is complete. An interim permit shall be granted if the manager finds that more than ninety days is necessary to review the permit application.

3. The manager shall issue a permit to all applicants who meet all wastewater discharge permit conditions, and who are in compliance with this chapter, or who have submitted an approved timetable of compliance.

B. Refusal to Issue Permit.

1. The manager may refuse to issue a wastewater discharge permit if any one or more of the following conditions exist:

a. The application is not accompanied by the appropriate permit application fee.

b. The application for a permit 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 violates regulations set forth in this chapter.

d. The issuance of the permit would cause the city's wastewater treatment plant to violate any NPDES permit conditions, laws, or regulations of the state and/or federal government.

e. The applicant has not provided plans for secondary containment protection from accidental discharges to the land, storm sewer system, and sanitary sewer system, in accordance with the requirement of the California Code of Regulation Chapter 30 of Division 4 of Title 22 and the city's hazardous materials ordinance and amendments thereto (for both documents).

2. If the manager refuses to issue a permit, a written notice explaining the grounds for refusal shall be sent to the permit applicant. The permit application fee shall not be returned to the applicant, unless the manager has ascertained that a permit is not required to discharge the wastewater for which the permit application is made.

(Ord. 79.18 § II.A (part), 1993)

A. Wastewater discharge permits may be issued for a period up to three years in length. At the discretion of the manager, a permit may be issued for a period less than three years, or may be stated to expire on a specific date. The user shall notify the manager sixty days prior to the expiration of the permit of his/her intention to renew the permit. The terms and conditions of the permit may be subject to modification and change by the manager during the life of the permit, as limitations or requirements as identified in this chapter are modified and changed. The user shall be informed of any proposed changes in her/her permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. The city must approve any new or increased discharges, in volume or pollutant type or concentration, prior to an industrial user commencing such discharge. The city can deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants to the sanitary sewer system by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the city's wastewater treatment plant to violate its NPDES permit.

B. Facilities for which a wastewater discharge permit has been issued are subject to an annual detailed site inspection and review of records to verify that no substantial change in quantity or strength of discharge has occurred, the holder shall have his/her permit revoked as provided by Section 13.04.140. Wastewater discharge permits may be revoked by the manager for cause pursuant to Section 13.04.205.

(Ord. 79.18 § II.A (part), 1993)

A. The permit fee shall be paid at the time the application for the permit is submitted to the manager. If the permit is approved, then no additional permit fees shall be required during the duration of the permit. Permit fees shall not be used for the acquisition, construction, reconstruction, maintenance, or operation of the city's sanitary sewer system, nor for any other purposes or expenses incurred by the city other than to defray the cost incurred in issuing said wastewater discharge permits and inspecting for accuracy and compliance with said permits.

B. Delinquent Fees.

1. Any person who does not file an application for a wastewater discharge permit within the time specified in Section 13.04.105 shall be assessed a penalty for delinquent filing as follows:

a. Up to and including thirty days delinquency, the penalty shall be fifty percent of the permit fee.

b. More than thirty days but less than one year delinquency, the penalty shall be one hundred percent of the permit fee.

c. More than one year delinquency, the penalty shall be one thousand percent of the permit fee.

2. Such penalties shall be in addition to any penalties or fines levied under Section 13.04.225 of the code.

(Ord. 79.18 § II.A (part), 1993)

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

(Ord. 79.18 § II.A (part), 1993)

Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations, user charges and fees established by the city. The conditions of wastewater discharge permits shall be uniformly enforced in accordance with this chapter and applicable state and federal regulations. Permit conditions will include the following whenever applicable:

A. The unit charge or schedule of user charges and fees for the wastewater to be discharged into the sanitary sewer system.

B. The average and maximum wastewater constituents and characteristics.

C. Limits on rate and time of discharge or requirements for flow regulations and equalization.

D. Requirements for installation of inspection and sampling facilities and specifications for monitoring programs.

E. Requirements for maintaining and submitting technical reports and plant records relating to wastewater discharges.

F. Daily average and daily maximum discharge rates, or other appropriate conditions when pollutants subject to limitations and prohibitions are proposed or present in the user's wastewater discharge.

G. Compliance schedules.

H. Requirements for the installation of any pretreatment technology required to meet applicable pretreatment standards and requirements.

I. Other conditions as deemed appropriate by the manager to ensure compliance with this chapter.

(Ord. 79.18 § II.A (part), 1993)

A. When required by the manager, the owner of any property served by a sewer lateral carrying industrial wastes shall install a suitable sampling manhole in the sewer lateral to facilitate observation, sampling and measurement of wastes.

B. The sampling manhole and monitoring equipment shall be located and maintained on the industrial user's premises outside the building. When such a location would be impractical or cause undue hardship on the user, the manager may allow such facility to be constructed in the public street or sidewalk area with the approval of the public agency having jurisdiction over such street or sidewalk area, and located so that it will not be obstructed by public utilities, landscaping, or parked vehicles.

C. When more than one user can discharge into a common sewer, the manager may require installation of separate sampling manholes for each user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the manager may require that separate sampling manholes be installed for each separate discharge.

D. Whether constructed on public or private property, the sampling manholes shall be constructed in accordance with the manager's requirements and all applicable construction standards and specifications.

E. All sampling manholes and monitoring equipment shall be installed at the owner's expense, and shall be maintained so as to be safe and accessible at all times.

F. Construction of any required sampling manholes and installation of monitoring equipment shall be completed within ninety days following written notification of the manager, unless a time extension is granted by the manager.

G. Existing industrial users connected to the sanitary sewer system at the time of adoption of this ordinance shall have up to one year to comply with this section.

(Ord. 79.18 § II.A (part), 1993)

Pretreatment of wastewater shall be furnished by every user on the user's premises when such pretreatment is necessary to produce a discharge meeting the requirements of this chapter or of any permit issued pursuant to this chapter. Such pretreatment facilities shall be constructed, operated, and maintained at the user's expense. Plans and specifications therefor shall be submitted to the manager, together with such data and descriptive material necessary for the manager to evaluate any proposed pretreatment system or practice. Construction of pretreatment facilities pursuant to this section shall not relieve the user from the responsibility of meeting all other provisions of this chapter, or any permit issued pursuant to this chapter.

(Ord. 79.18 § II.A (part), 1993)

Every user shall provide protective measures against accidental or unauthorized discharges of prohibited substances into the sanitary sewer system as established by this chapter, or as set forth in any permit issued pursuant to this chapter. Such measures shall consist of operational or other procedures and/or facilities as determined necessary or appropriate by the manager. Floor drains connected to the sanitary sewer system in any manufacturing, service, or production area are specifically prohibited. Any residue or byproduct of pretreatment, or any other wastes subject to control or regulation by any agency having jurisdiction, shall be disposed of in accordance with the applicable federal, state or local regulations. All costs of such measures shall be borne by the user.

(Ord. 79.18 § II.A (part), 1993)

Any information submitted to the city may be claimed as confidential by the submitter, however, the claim must be asserted at the time of submission by stamping the words "confidential business information" on each page containing such information. Information and data provided to the city which is wastewater monitoring reporting required pursuant to this chapter shall be available to the public without restriction. Confidential information will be available to EPA and the State Water Resources Control Board, but these agencies will be advised of required confidential treatment of such information.

(Ord. 79.18 § II.A (part), 1993)

No statement contained in this chapter shall be construed as preventing agreement or arrangement between the city and other public jurisdictions. In no case will the general discharge limitations of this chapter or federal pretreatment standards be waived in the event of such agreement.

(Ord. 79.18 § II.A (part), 1993)

The manager may require a user to submit proof of legal disposal of any waste materials generated by the user that are prohibited from discharge into the sanitary sewer system pursuant to this chapter. A "California Hazardous Waste Manifest" form must be completed for material disposed of at a Class I dump site and a copy furnished to the manager upon request.

(Ord. 79.18 § II.A (part), 1993)