Soledad Municipal Code Ch. 13.24 Administrative Provisions

The city may require that any person discharging or proposing to discharge wastewater into a community sewer file a periodic discharge report. The discharge report may include, but not be limited to, nature of process, volume, rates of flow, mass emission rate, production quantities, hours of operation, number and classification of employees, or other information which relates to the generation of waste, including wastewater discharge. Such reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on-site even though they are not normally discharged. In addition to discharge reports, the city may require information in the form of wastewater-discharge-permit applications and self-monitoring reports.

(Prior code § 26-36-40)

A. Mandatory Permits. Each "major contributing industry" as defined in Section 13.08.020 or other users with a discharge equivalent to that of a major contributing industry, if not connected to a community sewer, must obtain a wastewater discharge permit before connecting to or discharging into a community sewer. Each currently connected "major contributing industry" or equivalent user must obtain a wastewater discharge permit within ninety days after the effective date of the ordinance codified in this division.

B. Optional Permits. The city manager may issue a wastewater discharge permit to any user, upon application in accordance with the terms of this section, in the following categories:

1. A user who requests charges and fees to be based on an estimate of wastewater flow; or

2. Any user whose wastewater strength is less than the normal range for the user classification to which he is assigned because of pretreatment, process changes or other reasons.

C. Permit Application. Users seeking a wastewater discharge permit shall complete and file with the city manager an application, in the form prescribed by the city manager and accompanied by the applicable fees. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:

1. Name, address and SIC number of applicant;

2. Volume of wastewater to be discharged;

3. Wastewater constituents and characteristics, including but not limited to those mentioned in Section 13.16.080, as determined by a laboratory approved by the city;

4. Time and duration of discharge;

5. Average and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any ;

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 process on the premises, including all materials, processes and types of materials which are or could be discharged;

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

9. Any other information deemed by the city manager to be necessary to evaluate the permit application.

D. Permit Issuance. The city manager will evaluate the data furnished by the user and may require additional information. After evaluation and approval of all the data required, the city manager may issue a wastewater discharge permit subject to terms and conditions provided in this section.

E. Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this division and all other ordinances, regulations, charges and fees established by the city. The conditions of wastewater discharge permits shall be uniformly enforced by the city manager in accordance with this division, and applicable state and federal regulations. Permits may contain the following:

1. The unit charge or schedule of charges and fees for the wastewater to be discharged to a community sewer;

2. The average and maximum wastewater constituents and characteristics;

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

4. Requirements for installation of inspection and sampling facilities;

5. Pretreatment requirements;

6. Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule;

7. Requirements for submission of technical reports or discharge reports;

8. Requirements for maintaining plant records relating to wastewater discharge as specified by the city, and affording city access thereto;

9. Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants (as defined by Section 13.08.020) are proposed or present in the user's wastewater discharge;

10. Other conditions as deemed appropriate by the city to ensure compliance with this division.

F. Duration of Permits. Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. If the user is not notified by the city thirty 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 Section 13.16.080 are modified and changed. The user shall be informed of any proposed changes in his 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.

G. Transfer of a Permit. Wastewater discharge permits are issued to a specific user for 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.

H. Revocation of a Permit. Any user who violates the conditions of the wastewater discharge permit, any provisions of this division or applicable state and federal regulations, or does any of the following, is subject to having his/her permit revoked:

1. Fails to factually report the wastewater constituents and characteristics of his/her discharge;

2. Fails to report significant changes in operations, or wastewater constituents and characteristics; or

3. Refuses reasonable access to the user's premises for the purpose of inspection or monitoring.

(Prior code § 26-36-41)

A. Users who propose to discharge, or who in the judgment of the city could now or in the future discharge, wastewater with constituents and characteristics different from that produced by a domestic premises (see Section 13.28.040) will be required to install a monitoring facility.

B. When more than one user can discharge into a common building sewer, the city may require installation of a separate monitoring facility for each user. Also, when, in the judgment of the city, there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the city may require that separate monitoring facilities be installed for each separate discharge.

C. Monitoring facilities that are required to be installed shall be constructed, operated and maintained at the user's expense. The purpose of the facility is to enable inspection, sampling and flow measurement of wastewaters produced by a user. If sampling or metering equipment is also required by the city, it shall be provided, installed and operated at the user's expense. The monitoring facility will normally be required to be located on the user's premises outside of the building. The city may, however, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area, with the approval of the public agency having jurisdiction over that street or sidewalk, and located so that it will not be obstructed by landscaping or parked vehicles.

D. If the monitoring facility is inside the user's fence, there shall be accommodations to allow safe and immediate access to city personnel, such as a gate secured with a city lock. There shall be ample room in or near such facility to allow accurate sampling and compositing of samples for analysis. The entire facility and the sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition by and at the expense of the user.

E. Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the city's requirements and all applicable local agency construction standards and specifications.

F. When, in the judgment of the city, an existing user requires a monitoring facility, the user will be so notified in writing. Construction must be completed within ninety days following written notification unless a time extension is otherwise granted by the city.

(Prior code § 26-36-42)

The city may inspect the facilities of any user to ascertain whether the purpose of this division is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection or sampling or in the performance of any of their duties. The city may set up on the user's property such devices as are necessary to conduct sampling or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the city will be permitted to enter without delay for the purposes of performing their specific responsibilities.

(Prior code § 26-36-43)

Users shall make wastewater acceptable under the limitations established in this division before discharging into any community sewer. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be approved by the city before construction of the facility. The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent complying with the provisions of this division. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to, and be approved by, the city.

(Prior code § 26-36-44)

A. Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this division. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility.

B. The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this division.

(Prior code § 26-36-45)

A. All information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or any 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 which would be detrimental to the user's competitive position.

B. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available to governmental agencies for use in making studies; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

C. Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless prior and adequate notification is given to the user.

(Prior code § 26-36-46)

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.

(Prior code § 26-36-47)