Thousand Oaks Municipal Code Art. 6 Sewer Use Regulations

This Article sets uniform requirements for users of the Publicly Owned Treatment Works (POTW) for the City of Thousand Oaks (City) and enables the City to comply with all applicable state and federal laws, including, but not limited to, the Clean Water Act (33 United States Code [USC] section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [40 CFR] Part 403). The purpose of this Article is:

(a) To prevent the introduction of pollutants into the POTW that will interfere with its operation;

(b) To prevent the introduction of pollutants into the POTW that will pass through the POTW inadequately treated into receiving waters, or otherwise be incompatible with the POTW;

(c) To protect both POTW personnel who may be affected by wastewater and sludge, and the general public;

(d) To promote reuse and recycling of wastewater and biosolids from the POTW; and

(e) To enable the City to comply with its National Pollutant Discharge Elimination System (NPDES) permit conditions, biosolids use and disposal requirements and any other federal or state laws to which the City or POTW is subject.

This Article shall apply to all Users of the POTW. This Article authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires User reporting.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

If any provision of this Article is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Except as otherwise provided herein, the Public Works Director (Director) shall administer, implement, and enforce the provisions of this Article. Any powers granted to or duties imposed upon the Director may be delegated by the Director to a duly authorized City employee.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

The following abbreviations, when used in this Article, shall have the designated meanings:

BOD 5-day biochemical oxygen demand

BMP Best Management Practice

BMR Baseline monitoring report

• CFR Code of Federal Regulations

• CIU Categorical industrial users

• COD Chemical oxygen demand

• CURFFL California Uniform Retail Food Facilities Law

FOG Fats, Oils, and Grease

FSE Food Service Establishment

gpd Gallons per day

IU Industrial user

LEL Lower explosive limit

mg/L Milligrams per liter

mgd Million gallons per day

NIOSH National Institute of Occupational Safety and Health

NPDES National Pollutant Discharge Elimination System

NSCIU Non-significant categorical industrial user

O&M Operations and maintenance

POTW Publicly owned treatment works

RCRA Resource Conservation and Recovery Act

SIC Standard Industrial Classification

SIU Significant industrial user

SNC Significant non-compliance

SWDA Solid Waste Disposal Act

TDS Total dissolved solids

TSS Total suspended solids

TTO Total toxic organics

USC United States Code

USEPA United States Environmental Protection Agency

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated.

(a) Act or the Act: The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC section 1251 et seq.

(b) Approval Authority: California Regional Water Quality Control Board, Los Angeles Region, Los Angeles, California.

(c) Authorized or Duly Authorized Representative of the User: An Authorized Representative of a User may be:

(1) If the User is a corporation:

(i) The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(ii) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(3) If the User is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

(4) The individuals described in paragraphs (1) through (3), above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Director.

(d) Best Management Practice (BMP): The schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Sections 10-1.606(a) and (b) of this Article. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

(e) Biochemical Oxygen Demand (BOD): The quantity of oxygen utilized in the biochemical oxidation or organic matter under standard laboratory procedure for five (5) days at twenty (20°) degrees centigrade expressed as a concentration (e.g., milligrams per liter [mg/l]).

(f) Categorical Pretreatment Standards or Categorical Standards: Any regulation containing pollutant discharge limits promulgated by USEPA in accordance with section 307(b) and (c) of the Clean Water Act (33 U.S.C. section 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471, or as amended.

(g) Categorical Industrial User (CIU): Any industrial User subject to a categorical pretreatment standard or categorical standard.

(h) Chemical Oxygen Demand (COD): A measure of oxygen required to oxidize all compounds, both organic and inorganic, in water.

(i) City: The City of Thousand Oaks.

(j) Compliance Determination: Sampling and analysis conducted on specific wastes to ascertain compliance with this Article.

(k) Compliance Period: The time period allowed by the City in which a User shall comply with permit conditions or discharge requirements.

(l) Composite Sample: A sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

(m) Daily Maximum: The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

(n) Daily Maximum Limit: The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

(o) Director: The Public Works Director of the City of Thousand Oaks.

(p) Domestic wastewater: Liquid or water-borne waste derived from or equivalent to that of ordinary residential living processes.

(q) Existing Source: Any source of discharge that is a not a New Source.

(r) Fats, Oils, and Grease (FOG): Any substance such as vegetable or animal product that is used in, or is a byproduct of, the cooking for food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.

(s) Food Service Establishment (FSE): Facilities defined in California Uniform Retail Food Facilities Law (CURFFL), California Health and Safety Code Section 113785 et seq., as amended from time to time, and any commercial entity within the boundaries of the City, operating in a permanently constructed structure such as a room, building or place, or portion thereof, maintained, used or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors.

(t) Grab Sample: A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period not to exceed fifteen (15) minutes.

(u) Grease Interceptor: A multi-compartment device that is constructed and generally required to be located, according to the California Plumbing Code, underground between an FSE and the connection to the sanitary sewer system. These devices primarily use gravity to separate FOG from wastewater as it moves from one compartment to the next.

(v) Grease Trap: A grease control device, including at least one removable lid for access, inspection, and maintenance, that is used to serve individual fixtures, including by way of example sinks, and is designed to remove or trap FOG while allowing the balance of waste to discharge to the sanitary sewer system by gravity.

(w) Indirect Discharge or Discharge: The introduction of pollutants into the POTW from any non-domestic source.

(x) Industrial Wastewater or Waste: Wastewater excluding domestic and pollutant-free wastewater that includes, but is not limited to, wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation which contains characteristics unlike that of domestic wastewater.

(y) Instantaneous Limit: The maximum concentration or load of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the flow rate and the duration of the sampling event.

(z) Interference: A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations, or its sludge treatment processes, use or disposal; and therefore, is a cause of a violation of the City’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory provisions and regulations or permits issued thereunder the, or any more stringent state or local regulations: section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to a Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.

(aa) Local Limit: Specific discharge limits developed and enforced by the City upon users to implement the general and specific discharge prohibitions listed in 40 CFR Part 403.5(a)(1) and (b).

(bb) Mass Emission Rate: The weight of materials discharged to the POTW over a time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular pollutant or combination of pollutants.

(cc) Medical Waste: Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiological agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

(dd) Monthly Average: The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

(ee) Monthly Average Limit: The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

(ff) National Pollutant Discharge Elimination System (NPDES) permit: A permit issued to the City pursuant to section 402 of the Clean Water Act that regulates operations of the POTW and discharge of treated effluent to Waters of the United States.

(gg) New Source:

(1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants and was constructed after the publication of proposed pretreatment standards under section 307(c) of the Clean Water Act that will be applicable to such source if said standards are thereafter promulgated in accordance with that section, provided that:

(i) The building, structure, facility, or installation is constructed at a site at which no other source is located; or

(ii) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(iii) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, shall be considered.

(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of section (gg)(1)(ii) or (gg)(1)(iii) above but otherwise alters, replaces, or adds to existing process or production equipment.

(3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

(i) Begun, or caused to begin, as part of a continuous onsite construction program:

(aa) Any placement, assembly, or installation of facilities or equipment; or

(bb) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(ii) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

(hh) Noncontact Cooling Water: Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

(ii) Non-Significant Categorical Industrial User (NSCIU): a CIU that never discharges more than one hundred (100) gpd of total categorical wastewater (excluding sanitary, noncontact cooling, and boiler blowdown wastewater), unless specifically included in the pretreatment standard and the following conditions are met:

(1) The User, prior to the City’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

(2) The User annually submits the certification statement required in Section 10-1.643(b) of this Article together with any additional information necessary to support the certification statement; and

(3) The User never discharges any untreated concentrated wastewater.

(jj) Pass Through: A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City’s NPDES permit, including an increase in the magnitude or duration of a violation.

(kk) Person: An individual, firm, partnership, or corporation, and their heirs, assigns or agents.

(ll) pH: The measure of the acidity or alkalinity of a solution expressed in standard units.

(mm) Pollutant: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of wastewater (e.g., pH, temperature, total suspended solids [TSS], turbidity, color, BOD, COD, toxicity, odor).

(nn) Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to or in lieu of introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, process changes, or other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

(oo) Pretreatment Requirements: Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on a User.

(pp) Pretreatment Standards: Prohibited standards, categorical pretreatment standards, and local limits.

(qq) Prohibited Discharge Standards: Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 10-1.606 of this Article.

(rr) Publicly Owned Treatment Works (POTW): A treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), which is owned by the City. This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a wastewater treatment plant.

(ss) Septic Tank Waste: Any sewage from holding tanks, such as vessels, chemical toilets, campers, trailers, and septic tanks.

(tt) Sewage: Human excrement and gray water (household showers, dishwashing operations, etc.).

(uu) Significant Industrial User (SIU): Except as provided in paragraphs (3) below or (ii) above, an SIU is:

(1) A User subject to categorical pretreatment standards; or

(2) Any User that:

(i) Discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); or

(ii) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the wastewater treatment plant; or

(iii) Is designated as such by the City on the basis that it has reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

(iv) Is not a NSCIU as defined in paragraph (ii).

(3) Upon a finding that a User meeting the criteria in subsection (2) above has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the City may at any time on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR Part 403.8(f)(6), determine that such user should not be considered an SIU.

(vv) Slug Load or Slug Discharge: Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 10-1.606 of this Article. A slug discharge is any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the City’s regulations, local limits, or NPDES permit conditions.

(ww) Standard Industrial Classification (SIC) Code: A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.

(xx) Stormwater: Any flow occurring during or following any form of natural precipitation and resulting from such precipitation including snowmelt.

(yy) Total Dissolved Solids (TDS): Matter dissolved in water that will pass through a filter.

(zz) Total Suspended Solids (TSS): The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and which is removable by laboratory filtering.

(aaa) United States Environmental Protection Agency (USEPA): The United States Environmental Protection Agency, or where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.

(bbb) User: A source of indirect discharge including an industrial user.

(ccc) Wastewater: Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

(ddd) Wastewater Treatment Plant: That portion of the POTW which is designed to provide treatment of sewage and industrial waste. For the City, this is the Hill Canyon Treatment Plant.

(eee) Waters of the State: All streams, lakes, ponds, marshes, water courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface, or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

General Sewer Use Requirements

(a) General Prohibitions: No User shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes Pass Through or Interference. These general prohibitions apply to all Users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

(b) Specific Prohibitions: No User shall introduce or cause to be introduced into the POTW the following:

(1) Pollutants, substances, or wastewater that alone or in conjunction with other pollutants, substances, or wastewater, which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred and forty (140) degrees Fahrenheit (sixty [60] degrees Celsius) using the test methods specified in 40 CFR Part 261.21. Closed-cup flashpoint values may be found in the National Institute of Occupational Safety and Health (NIOSH) Pocket Guide to Chemical Hazards.

(2) Wastewater having a pH of less than 6.0 standard units or greater than 11.5 standard units, or otherwise cause corrosive structural damage to the POTW or equipment.

(3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, but in no case solids greater than one-quarter (0.25) inch in mean diameter.

(4) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW.

(5) Wastewater having a temperature greater than one hundred and forty (140) degrees Fahrenheit (sixty [60] degrees Celsius), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred and four (104) degrees Fahrenheit (forty [40] degrees Celsius).

(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.

(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

(8) Trucked or hauled pollutants, substances, or wastewater, except at discharge points designated by the Director in accordance with Section 10-1.612 of this Article.

(9) Noxious or malodorous solids, liquids, gases, vapors, or fumes, which either singly or by interaction with other wastes, are capable of creating a public nuisance, hazard to life, or to prevent entry into the POTW for maintenance or repair.

(10) Regenerating wastes from an ion exchange water treatment device. A self-regenerating ion exchange treatment device shall not be installed, enlarged, used, or regenerated in the City or on any property connected to the POTW of the City unless such a device is located on a property for which a permit has been obtained from the City prior to October 10, 1969 or for which a wastewater discharge permit has been obtained and complied with as provided in this Article. It shall be a misdemeanor for anyone to offer home-regenerated softeners for use in the City’s wastewater service area or to solicit an owner or occupant of a property in the City’s wastewater service area to purchase such a unit, or to install a softener with provisions for on-site regeneration except where the purchaser holds a valid permit from the City for such installation.

(11) Discharges from saltwater or chlorine generating swimming pools that contain pollutants in excess of the City’s NPDES permit as specified in the uncodified ordinance setting fees and discharge limits for wastewater.

(12) Radioactive wastes or isotopes not complying with applicable federal and state regulations.

(13) Discharge from a chemical toilet except privately-owned recreational vehicles that use non-toxic chemical agents.

(14) Quantities of pollutants or rates of flow which overload the POTW, cause excessive City collection and/or treatment costs, use a disproportionate share of the City’s facilities, inhibit or disrupt wastewater treatment operations, or cause or contribute to a violation of any requirement of the City’s NPDES permit. Any discharges of flow that exceed normal operating discharge pattern in either volume or concentration of pollutants in the discharge shall be prohibited unless such discharge receives prior approval from the Director.

(15) Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, non-contact cooling water, and unpolluted wastewater unless specifically authorized by the Director.

(16) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited, to dye wastes and vegetable tanning solutions, which consequently imparts color on the POTW’s effluent, thereby violating the City’s NPDES permit.

(17) Waste from septic tanks and cesspool cleaning.

(18) Waste from garbage grinders except when generated in preparation of food in a residence.

Pollutants, substances, or wastewater prohibited by this section, shall not be processed or stored in such a manner that they could be discharged to the POTW.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471, or as amended.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Users must comply with applicable state pretreatment standards (California Water Code 13370.5).

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

The City is authorized to establish local discharge limits pursuant to 40 CFR Part 403.5(c) to protect against Pass Through and Interference. The City Council adopts local limits by resolution. Local limit concentrations apply at the point where the waste is discharged into the POTW. The City may impose limitations on the mass emission rates in addition to or in place of the concentration-based limitations.

The City may develop BMPs by ordinance or in wastewater discharge permits, to implement local limits and the requirements of this section.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this Article.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

No User shall increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The City may impose limitations on mass emission rates on Users found to be using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Hauled or trucked waste shall not be accepted into the POTW without written approval from the Director. The Director may require that the waste hauler obtain a wastewater discharge permit prior to discharging waste to the POTW. Hauled or trucked waste may only be discharged at specified locations pursuant to the written approval. The Director may require sampling of hauled or trucked waste prior to disposal to ensure compliance with applicable standards. Hauled and trucked waste operators must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the waste hauler, City permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste constituents, and whether any wastes are RCRA hazardous wastes or hazardous waste as defined in 22 CCR section 66261.3.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Pretreatment of Wastewater

Users shall provide wastewater treatment as necessary to comply with this Article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set forth in Section 10-1.606 of this Article within the time limitations specified by USEPA, the State, or the City, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the User’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the City for review; and shall be approved by the Director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the User from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Article.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Interceptors, clarifiers and traps shall be required for the following facilities generating sand/silt/solids and FOG.

(a) Facilities required to install interceptors, clarifiers or traps include, but are not limited to, the following:

(1) Food Service Establishments (FSEs). An FSE or other establishment discharging wastewater containing FOG shall install and regularly maintain an interceptor or trap to prevent excessive discharges of FOG into the POTW. The type and size shall be regulated by the building provisions of the Municipal Code or as required by the City.

(2) Vehicle Service Stations or Garages. Service stations or garages with non-domestic fixtures or floor drains connected to the POTW shall be required to install and regularly maintain a clarifier designed to prevent the discharge of sand, silt, oil and grease to the POTW. The type and size shall be regulated by the building provisions of the Municipal Code or as required by the City.

(3) Other facilities deemed to require an interceptor, clarifier or trap by the City.

(b) If a required interceptor, clarifier or trap is incapable of adequately retaining sand/silt/solids or FOG in wastewater discharged into the POTW, the City may require that the owner install a new interceptor, clarifier or trap within sixty (60) days to meet discharge requirements.

(c) Any required interceptor, clarifier or trap shall be readily accessible with at least one inspection hatch and properly maintained by the property owner, operator, and/or occupant to assure that the accumulations of sand/silt/solids and FOG do not impair the efficiency of or exit the interceptor, clarifier or trap in concentrations exceeding discharge limitations. All required interceptors, clarifiers or traps shall have a record of every time it was cleaned. This record shall include the date, name of the pumper or person who cleaned it, state registration number, and the signature of the person responsible for the facility and shall be reviewed by the City during each inspection. An interceptor, clarifier or trap shall not be considered properly maintained if sand/silt/solids and/or FOG accumulations total more than twenty-five (25%) percent of the operating fluid capacity. If it is found that an interceptor, clarifier or trap is improperly maintained or adequate records are not being kept, the City may conduct enforcement according to Section 10-1.646 through Section 10-1.657 of this Article.

(d) An existing interceptor, clarifier or trap legally and properly installed at a vehicle service station, car wash establishment, or FSE shall be acceptable provided it is capable of removing sand/silt/solids and FOG so that the discharge does not exceed the limitations adopted by the City Council and is installed such that it can be inspected and properly maintained.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

(a) Whenever deemed necessary, the City may require Users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the User’s compliance with the requirements of this Article.

(b) The City may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

The Director shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The Director may require any User to develop, submit for approval, and implement such a plan or take other such action that may be necessary to control slug discharges. Any required accidental discharge/slug discharge control plan shall include, at a minimum, the following:

(a) Description of discharge practices, including non-routine batch discharges;

(b) Description of stored chemicals;

(c) Procedures for immediately notifying the Director of any accidental or slug discharge as required by Section 10-1.634 of this Article; and

(d) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

When requested by the Director in writing, a User must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The Director is authorized to prepare a form for this purpose and may periodically require Users to update this information.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

(a) The following categories of Users must obtain a wastewater discharge permit prior to discharging into the POTW:

(1) Tier I Significant Industrial Users – SIUs are defined in Section 10-1.605(tt) of this Article;

(2) Tier II Non-Significant Industrial Users – Non-SIUs are defined as any user that meets any of the following criteria:

(i) Is not required to obtain a Tier I permit; or

(ii) Has discharge characteristics greater than domestic wastewater; or

(iii) Discharges industrial or commercial wastewater which may have the potential to impact the POTW; or

(iv) Has reasonable potential to violate any local limit, pretreatment standard, or pretreatment requirement;

(3) Tier III Temporary Wastewater Dischargers – Temporary wastewater dischargers are defined as users that require permission to temporarily discharge into the POTW. Examples of temporary dischargers include, but are not limited to, dewatering operations and groundwater remediation sites.

(b) The Director may require the following categories of Users to obtain a wastewater discharge permit prior to discharging into the POTW:

(1) Tier IV Food Service Establishments – FSEs are defined in Section 10-1.605(s) of this Article.

The Director may require any User to obtain a wastewater discharge permit as necessary to carry out the purposes of this Article. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Article and shall subject the permittee to the sanctions set out in Section 10-1.646 through Section 10-1.657 of this Article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Any User required to obtain a wastewater discharge permit under this Article who was discharging wastewater into the POTW prior to the effective date of this Article and who wishes to continue such discharges shall within sixty (60) days of said date, apply to the Director for a wastewater discharge permit in accordance with Section 10-1.621 of this Article. Such Users shall not cause or allow discharges to the POTW to continue after sixty (60) days of the effective date of this Article except in accordance with a wastewater discharge permit issued by the Director.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Any User required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. The application for the wastewater discharge permit must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

(a) All Users required to obtain a wastewater discharge permit must submit a permit application. The Director shall require Users to submit the following relevant information as part of a permit application.

(1) Identifying information.

(i) The name and address of the facility, including the name of the operator and owner as well as landowner;

(ii) Contact information, facilities, and plant production processes on the premises;

(2) Environmental permits. A list of any environmental control permits held by or for the facility;

(3) Description of operations.

(i) A brief description of the nature, average rate of production (including each product produced by type, amount, process, and rate of production), and standard industrial classification(s) of the operation(s) carried out by the User. This description must include a schematic process diagram, which indicates the point(s) of discharge into the POTW from the regulated processes.

(ii) Types of waste generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

(iii) Number and type of employees, hours of operation (or proposed hours of operation);

(iv) Type and amount of raw materials processed (average and maximum per day);

(v) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewer, floor drains, and appurtenances by size, location, and elevation, and all point(s) of discharge;

(4) Time and duration of discharges;

(5) The location for monitoring all wastes covered by the permit;

(6) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day (gpd), to the POTW from regulated processes streams and other streams as necessary.

(7) Measurement of pollutants.

(i) The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

(ii) The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the pretreatment standard or by the City, of regulated pollutants in the discharge from each regulated process.

(iii) Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

(iv) The sample shall be representative of daily operations and shall be sampled and analyzed in accordance with procedures set out in Sections 10-1.638 and 10-1.639 of this Article. Where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the City or the applicable pretreatment standards to determine compliance with the pretreatment standard.

(8) Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on Section 10-1.632(b) of this Article (40 CFR Part 403.12(e)(2)).

(9) Any other information as may be deemed necessary by the Director to evaluate the permit application.

(b) All wastewater discharge permit applications must be signed by an Authorized Representative of the User and contain the certification in Section 10-1.643(a) of this Article. If the Authorized Representative of the User has changed, the new written authorization must be submitted to the Director prior to or together with any report requiring signature of the Authorized Representative.

(c) Incomplete or inaccurate applications will not be processed and will be returned to the User for revision.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

The Director will evaluate the data furnished by the User and may require additional information. Within sixty (60) days of the receipt of a complete permit application, the Director will determine whether to issue a wastewater discharge permit. The Director may deny any application for a wastewater discharge permit based on the information provided on the application.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years at the discretion of the Director. Permit duration shall be dependent upon User-specific criteria. Each wastewater discharge permit will indicate a specific date upon which it will expire.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

A wastewater discharge permit shall include such conditions as deemed reasonably necessary by the City to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

(a) Wastewater discharge permits shall contain:

(1) A statement that indicates the wastewater discharge permit issuance date, expiration date, and effective date.

(2) A statement that the wastewater discharge permit is nontransferable.

(3) Effluent limits, including BMPs, based on applicable pretreatment standards.

(4) Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants (or BMP) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law.

(5) The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 10-1.632(b) of this Article.

(6) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.

(7) Requirements to control slug discharge, if determined by the City to be necessary.

(8) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit.

(9) Any grant of the monitoring waiver by the City must be included as a condition in the User’s permit.

(b) Wastewater discharge permits may contain, but need not be limited to, the following conditions:

(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.

(2) Requirements for the installation of pretreatment technology, pollution control, construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW.

(3) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges.

(4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.

(5) The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the POTW.

(6) Requirements for the installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices.

(7) Other conditions as deemed appropriate by the City to ensure compliance with this Article and state and federal laws, rules, and regulations.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

The City may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(a) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

(b) To address significant alterations or additions to the User’s operation, processes, or wastewater volume or character since the time of the wastewater discharge permit;

(c) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(d) Information indicating that the permitted discharge permit poses a threat to the City’s POTW, personnel, or the receiving waters;

(e) Violation of any terms or conditions of the wastewater discharge permit;

(f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; or

(g) To correct typographical or other errors in the wastewater discharge permit.

Users shall be notified thirty (30) days prior to implementation of such modification, except in such emergency situations as would require immediate implementation.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Any attempt to transfer, assignment, or other alteration shall render the wastewater discharge permit void. Wastewater discharge permits are issued to a specific User for a specific operation. A wastewater discharge permit shall not be reassigned, transferred, or sold, to a new owner, new User, new operator, different premise, or a new or changed operation.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

The City may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(a) Failure to notify the Director of significant changes to the wastewater prior to the changed discharge;

(b) Failure to provide prior notification to the Director of changed conditions pursuant to Section 10-1.633 of this Article;

(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

(d) Falsifying self-monitoring reports and/or certification statements;

(e) Tampering with monitoring equipment;

(f) Refusing to allow the City timely access to the facility premises and/or records;

(g) Failure to meet effluent limitations;

(h) Failure to pay fines;

(i) Failure to pay sewer charges;

(j) Failure to meet compliance schedules;

(k) Failure to complete a wastewater survey or the wastewater discharge permit application; or

(l) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Article.

All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit to that User.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

A User with an expiring wastewater discharge permit shall apply for a permit reissuance by submitting a complete application in accordance with Section 10-1.621 of this Article. The wastewater discharge permit application shall be submitted a minimum of ninety (90) days prior to the expiration of the User’s existing wastewater discharge permit.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Reporting Requirements

Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard or final administrative decision on a category determination under 40 CFR Part 403.6(a)(4), whichever is later, existing CIUs currently discharging to or scheduled to discharge to the POTW shall submit to the Director, a report containing information listed below.

At least ninety (90) days prior to commencement of their discharge, new sources and sources that become CIUs subsequent to the promulgation of an applicable standard, shall submit to the Director a report which contains the information listed below. A new source shall report the method of pretreatment it intends to use to meet the applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

Users described in the preceding paragraphs shall submit the information set forth below.

(a) All information required in Sections 10-1.621(a)(1)(aa), 10-1.621(a)(2), 10-1.621(a)(3)(aa), and 10-1.621(a)(6) of this Article.

(b) Measurement of pollutants.

(1) The User shall provide the information required in Section 10-1.621(a)(7) of this Article.

(2) The User shall take a minimum of one (1) representative sample to compile that data necessary to comply with the requirements of this paragraph.

(3) Samples shall be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists.

(4) Sampling and analysis shall be performed in accordance with Section 10-1.638 of this Article.

(5) The Director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for pretreatment measures.

(6) The baseline report shall indicate the time, date, and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

(c) Compliance Certification. A statement, reviewed by the User’s Authorized Representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and if not, whether additional operations and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(d) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the User will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set forth in Section 10-1.630 of this Article.

(e) Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 10-1.643(a) of this Article and signed by an Authorized Representative of the User.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

The following conditions shall apply to the compliance schedule required by Section 10-1.629(d) of this Article:

(a) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to meet applicable pretreatment standards (e.g., hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

(b) No increment referred to in a paragraph (a) shall exceed nine (9) months;

(c) The User shall submit a progress report to the Director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the User to return to the established schedule; and

(d) In no event shall more than nine (9) months elapse between such progress reports to the Director.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any User subject to pretreatment standards and requirements shall submit to the Director a report containing the information in Sections 10-1.621(a)(6), 10-1.621(a)(7), and 10-1.629(b)(2) of this Article. All compliance reports must be signed and certified in accordance with Section 10-1.643(a) of this Article. All sampling will be done in conformance with Section 10-1.638 of this Article.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

(a) Except as specified in Section 10-1.632(c) of this Article, all Users must, at a frequency determined by the Director stated in the wastewater discharge permit, submit no less than twice per year (e.g., July and January) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the User must submit documentation required by the Director or the pretreatment standard necessary to determine the compliance status of the User.

(b) The City may authorize a User subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the User has demonstrated through previous sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the User. This authorization is subject to the following conditions:

(1) The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

(2) The monitoring waiver is only valid for the duration of the effective period of the wastewater discharge permit, but in no case longer than five (5) years. The User must submit a new request for the waiver for each subsequent wastewater discharge permit.

(3) In making a demonstration that a pollutant is not present, the User must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

(4) The request for a monitoring waiver must be signed by a Duly Authorized Representative of the User and include the certification statement in Section 10-1.643(c) of this Article.

(5) Non-detectable sample results may be used only as a demonstration that pollutant is not present if the USEPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

(6) Any grant of the monitoring waiver by the City must be included as a condition in the User’s wastewater discharge permit. The reasons supporting the waiver and any information submitted by the User in its request for the waiver must be maintained by the City for three (3) years after expiration of the waiver.

(7) Upon approval of the monitoring waiver and revision to the User’s wastewater discharge permit by the City, the User must certify on each report with the statement in Section 10-1.643(c) below that there has been no increase in the pollutant in its wastestream due to activities of the User.

(8) In the event that a waived pollutant is found to be present or expected to be present because of changes that occur in the User’s operations, the User must immediately: notify the Director and comply with permit monitoring requirements or other more frequent requirements imposed by the City.

(9) This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as other specified in the categorical pretreatment standard.

(c) The City may reduce the requirement for periodic compliance reports to a requirement to report no less frequently than once per year, unless required more frequently by the pretreatment standard or by USEPA, where the User’s total categorical wastewater flow does not exceed any of the following:

(1) Five thousand (5,000) gallons per day as measured by a continuous effluent flow monitoring device unless the User discharges in batches;

(2) 0.01 percent of the design dry weather organic treatment capacity of the wastewater treatment plant;

(3) 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with Section 10-1.609 of this Article.

Reduced reporting is not available to Users that have in the last two (2) years been in significant non-compliance. In addition, reduced reporting is not available to a User with daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting requirement for this User would result in data that are not representative of conditions occurring during the reporting period.

(d) All periodic compliance reports must be signed by the Authorized Representative of the User and certified with the statement found in Section 10-1.643(a) of this Article.

(e) All wastewater samples must be representative of the User’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are not representative of its discharge.

(f) If a User subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the City, using the procedures prescribed in Section 10-1.638 of this Article, the results of this monitoring shall be included in the report.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

A User must notify the Director of any significant changes to the User’s operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change.

(a) The Director may require the User submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application.

(b) The Director may issue a wastewater discharge permit or modify an existing wastewater discharge permit in response to the changed conditions or anticipated changed conditions.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

(a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the User shall telephone and notify the Director of the incident within twenty-four (24) hours. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

(b) Within five (5) days following such discharge, the User shall, unless waived by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not relieve the User of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the User of any fines, penalties, or other liability which may be imposed pursuant to this Article.

(c) A notice shall be permanently posted on the User’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in Section 10-1.634(a). Employers shall ensure that all employees, who cause such a discharge to occur, are advised of the emergency notification procedures.

(d) SIUs are required to notify the Director immediately of any changes at its facility affecting the potential for a slug discharge.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

All Users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as may be required.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

If sampling performed by a User indicates a violation, the User must notify the Director within twenty-four (24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis at the frequency stated in the wastewater discharge permit and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

(a) Any User that commences the discharge of hazardous waste shall notify the Director, the USEPA Regional Waste Management Division Director, and California hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the USEPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the User discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information: 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 the calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this paragraph needs to be submitted only once for each hazardous waste discharged. However, notification of changed conditions must be submitted under Section 10-1.633 of this Article. The notification requirement in this section does not apply to pollutants already reported by Users subject to pretreatment standards under the self-monitoring requirements of Sections 10-1.629, 10-1.631, and 10-1.632 of this Article.

(b) Discharges are exempt from the requirements of Section 10-1.637(a) of this Article, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR Parts 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR Parts 261.30(d) and 261.33(e), requires a one-time notification. 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 RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the User must notify the Director, the USEPA Regional Waste Management Waste Division Director, and California hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

(d) In the case of any notification made under this section, the User shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated.

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

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where USEPA determines that 40 CFR Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Director or other parties approved by USEPA.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Samples collected to satisfy reporting requirements must be obtained through appropriate sampling and analysis performed during the period covered by the report and representative of conditions occurring during the reporting period.

(a) Except as indicated in Sections 10-1.639(a) and (b) of this Article, the User must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the City. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate USEPA guidance, multiple grab samples collected during the 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organic compounds and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved USEPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to demonstrate compliance with instantaneous limits.

(b) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(c) For sampling required in support of baseline monitoring and ninety (90)-day compliance reports, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the City may authorize a lower minimum.

For reports required by Sections 10-1.629 and 10-1.631 of this Article, the User is required to collect the number of grab samples necessary to assess and assure compliance with the applicable pretreatment standards and requirements.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt by the Director of the report shall govern.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Users subject to the reporting requirements of this Article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Article, any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and documentation associated with BMPs. Records shall include: the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical technique(s) or method(s) used; and the results of these analyses. Records must be maintained for a minimum of three (3) years. These records shall remain available for the duration of any litigation concerning the User or the City, or where the User has been specifically notified of a longer retention period by the Director.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Information and data on a User obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the City’s inspection and sampling activities shall be made available to the public without restriction as required by law, unless the User 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 trade secrets as an exemption to release under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the User furnishing a report that such information should be held confidential, 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 immediately upon request to government agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. If City withholds such information and suit is filed to obtain such information, User shall defend City in any litigation. Wastewater constituents and characteristics and other effluent data, as defined in 40 CFR Part 2.302, shall not be recognized as confidential information and shall be available to the public without restriction.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

(a) The following certification statement is required to be signed and submitted by Authorized Representative of the User submitting the following documents: permit applications, initial monitoring waivers, baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, required periodic compliance reports, or submitting an initial request to forego sampling of a pollutant:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, of those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

(b) The following annual certification statement is required to be signed and submitted by an Authorized Representative of the User for a facility determined to be an NSCIU must be included with the alternative report required by the Director:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR Part ____, I certify that, to the best of my knowledge and belief, that during the period from [month, date, year] to [month, date, year]:

(1) The facility described as [facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 10-1.605(tt)(3) of the City of Thousand Oaks Municipal Code;

(2) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and

(3) The facility never discharged more than one hundred (100) gallons of total categorical wastewater on any given day during this reporting period.

(c) Users that have an approved monitoring waiver based on this section must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the User:

Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR Part ____, I certify that, to the best of my knowledge and belief, there has been no increase in the level of [pollutant(s)] in the wastewater due to the activities of this facility since the filing of the last compliance report under Section 10-1.643(c) of the City of Thousand Oaks Municipal Code.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Compliance Monitoring

Pursuant to the authority granted under the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [40 CFR] Part 403), the City shall have the right to enter the premises of any User to determine whether the User is complying with all requirements of this Article and any wastewater discharge permit or order issued hereunder. Users shall allow ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

(a) Where the User has security measures in force which require proper identification and clearance before entry into its premises, the User shall make necessary arrangement with its security staff so that, upon presentation of suitable identification, the City shall be permitted to enter without delay for the purposes of performing specific responsibilities.

(b) The City shall have the right to set up on the User’s property, or require the installation of, such devices as necessary to conduct sampling and/or monitoring of the User’s operations.

(c) The City may require the User to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the User at its own expense. All devices used to measure wastewater flow and quality shall be calibrated according to the manufacturer’s specifications to ensure their accuracy.

(d) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the User at the written or verbal request of the City and shall not be replaced. The costs of clearing such access shall be borne by the User.

(e) Unreasonable delays in allowing the City access to the User’s premises shall be a violation of this Article.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

If the City has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate that there may be a violation of this Article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Article or any wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, the City may seek issuance of an inspection warrant from the Superior Court of Ventura County.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Administrative Enforcement Remedies

A User which has violated a pretreatment standard or requirement according to the following is in significant non-compliance:

(a) Chronic violations of wastewater discharge limits, defined as those in which sixty-six (66%) percent or more of all measurements for the same pollutant parameter taken during a six- (6) month period exceeded (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;

(b) Technical review criteria (TRC) violations, defined as those in which thirty-three (33%) percent or more of the wastewater measurements taken for each pollutant parameter during a six- (6) month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils, and grease, and 1.2 for all other pollutants except pH);

(c) Any other violation of a pretreatment standard or requirement as defined in Section 10-1.606, General Sewer Use Requirements, (e.g., daily maximum, long-term average, instantaneous limit, narrative standard) that the City determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

(d) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the City exercising emergency authority to halt or prevent such discharge;

(e) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(f) Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(g) Failure to accurately report non-compliance; or

(h) Any other violation(s), which may include a violation of BMPs, which the City determines will adversely affect the operation or implementation of the City’s Pretreatment Program.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

When the City finds that a User has violated, or continues to violate, any provision of this Article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City may serve upon the User a written Notice of Violation. Within fifteen (15) days of the receipt of such notice, the User must provide an explanation of the violation and plan for the satisfactory correction of and prevention of future violations to the City. Submission of such plan in no way relieves the User of liability for any violations occurring before or after the receipt of the Notice of Violation. The City may proceed to take any action, including emergency actions or other enforcement action, whether or not the City has issued a Notice of Violation prior to any action undertaken.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

The City may enter into a Consent Order, assurances of compliance, or other similar documents establishing an agreement with any User responsible for non-compliance. Such document shall include specific action to be taken by the User to correct the non-compliance within a time period specified by the document. Such document shall have the same force and effect as a Compliance Order or Cease and Desist Order and shall be judicially enforceable.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

When the City finds that a User has violated, or continues to violate, any provision of this Article, wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City may issue an order to the User responsible for the discharge directing that the User come into compliance within a specified time. If the User does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly maintained. A Compliance Order may also contain other requirements to address the non-compliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the POTW. A Compliance Order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a Compliance Order relieve the user of liability for any violation, including any continuing violation. Issuance of a Compliance Order shall not be a bar against, or a prerequisite for, taking any other action against the User.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

When the City finds that a User has violated, or continues to violate, any provision of this Article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or that the User’s past violations are likely to recur, the City may issue an order to the User directing it to cease and desist all such violations and directing the User to:

(a) Immediately comply with all requirements; and

(b) Take such appropriate remedial or preventative action as may be needed to properly address a continuing threatened violation, including halting operations and/or terminating the discharge.

Issuance of a Cease and Desist order shall not be a bar against, or a prerequisite for, taking any other action against the User.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

When the City finds that a User has violated, or continues to violate, any provision of this Article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, an administrative fine in an amount not to exceed One Thousand and no/100ths ($1,000.00) Dollars for each day in which such violation occurs may be levied against any violating User. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

Issuance of an Administrative Fine shall not be a bar against, or a prerequisite for, taking any other action against the User.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

The Director may immediately suspend a User’s discharge, after notice to the User, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The Director may also immediately suspend a User’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

(a) Any User notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a User’s failure to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving water, or endangerment to human health. The Director may allow the User to recommence its discharge when the User has demonstrated to the satisfaction of the Director that the period of endangerment has passed unless the termination proceeding in Section 10.1-653 of this Article has been initiated against the User.

(b) A User that is responsible, in whole, or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Director prior to the date of any termination hearing under Section 10-1.653 of this Article.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

In addition to the provisions of Section 10-1.627 of this Article, any User who commits the following violations is subject to discharge termination:

(a) Violation of wastewater discharge permit conditions;

(b) Failure to accurately report the wastewater constituents and characteristics of its discharge;

(c) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

(d) Refusal of reasonable access to the User’s premises for the purpose of inspection, monitoring, or sampling; or

(e) Violation of the pretreatment standards in General Sewer Use Requirements section of this Article.

Such User will be notified of the proposed termination of its discharge and be offered an opportunity to appeal to the City under the provisions of Section 10-1.655 why the proposed action should not be taken. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the User.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Pursuance to the requirements of 40 CFR Section 403.8, the City shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the City, a list of Users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Any User, wastewater discharge permit applicant, or wastewater discharge permit holder affected by any decision, action, or determination, including administrative enforcement remedies made by the City in interpreting or implementing the provisions of this Article or any permit issued herein, may file with the City Manager a written request for reconsideration, within not more than ten (10) calendar days after the date of the decision, action or determination or notice thereof, and as soon as possible where the decision, action or determination is to be implemented immediately, summarily setting forth in detail the facts and reasons supporting the User's request for reconsideration. The City Manager shall render a decision on the request in writing, within fifteen (15) days after receipt of the request. If the ruling is contested, the person requesting reconsideration may, within ten (10) days after notification of the City Manager's decision, file a written appeal with the City Council which sets forth in full the facts, reasons and grounds for the appeal. The written appeal shall be heard by the City Council within thirty (30) days from the date of filing. The City Council shall make the final ruling on the appeal within sixty (60) days from the date of filing.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Judicial Enforcement Remedies

When the City finds that a User has violated, or continues to violate, any provision of this Article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City may petition the Superior Court of Ventura County through the City Attorney for issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this Article on the activities of the User. The City may also seek other such action as is appropriate for legal and/or equitable relief, including requirement for the User to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a User.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

Pursuant to Section 309 of the Clean Water Act, a User who has violated, or continues to violate, any provision of this Article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty up to ten thousand dollars ($10,000) per violation, per day. In case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. The City may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a User.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

(a) A User who willfully or negligently violates any provision of this Article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) per violation, per day, or imprisonment, or both. Imprisonment shall not exceed six (6) months per Thousand Oaks Municipal Code Section 1-2.03(b).

(b) A User who willingly or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least the maximum fine allowable under state law, or be subject to imprisonment, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

(c) A User who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Article, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring devices or method required under this Article shall, upon conviction, be punished by a fine of not more than the maximum allowable under state law per violation, per day, or imprisonment, or both.

(d) In the event of a second conviction, a User shall be punished by a fine of not more than the maximum fine allowable under State law per violation, per day, or imprisonment, or both.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

The remedies provided for in this Article are not exclusive. The City may take any, all, or any combination of these actions against a non-compliant User. Enforcement of pretreatment violations will generally be in accordance with the City Enforcement Response Plan. However, the City may take other action against any User when the circumstances warrant. Further, the City is empowered to take more than one enforcement action against any noncompliant User.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

(a) For the purposes of this section, upset means an exceptional incident in which there is unintentional and temporary non-compliance with categorical pretreatment standards because of factors beyond the reasonable control of the User. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

(b) An upset shall constitute an affirmative defense to an action brought for non-compliance with categorical pretreatment standards if the requirements of Section 10-1.660(c) of this Article are met.

(c) A User who wishes to establish the affirmative defense of upset shall demonstrate through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1) An upset occurred and the User can identify the cause(s) of the upset;

(2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and

(3) The User submitted the following information to the Director within twenty-four (24) hours of becoming aware of the upset. If this information was initially provided orally, a written follow up submission must be provided within five (5) days:

(i) A description of the discharge and cause of noncompliance;

(ii) The period of non-compliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

(iii) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the non-compliance.

(d) In any enforcement proceedings, the User seeking to establish the occurrence of an upset shall have the burden of proof.

(e) City enforcement personnel shall review any claims that noncompliance was caused by an upset. No determinations made in the course of the review constitute final City action subject to judicial review. Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for non-compliance with categorical pretreatment standards.

(f) Users shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

(§ 2, Ord. 1737-NS, eff. September 26, 2025)

(a) For the purposes of this section:

(1) Bypass means the intentional diversion of waste streams from any portion of a User’s treatment facility.

(2) Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(b) A User may allow any bypass to occur which does not cause a violation of pretreatment standards or requirements, but only if it is also necessary for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Sections 10-1.661(c) and (d) of this Article.

(c) Bypass Notifications:

(1) If a User knows in advance of the need for a bypass, User shall submit notice to the Director at least ten (10) days before the date of the bypass.

(2) A User shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time User becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the User becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours and contains sufficient information.

(d) Prohibition of Bypass:

(1) Bypass is prohibited, and the Director may take enforcement action against a User for a bypass, unless:

(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(ii) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

(iii) The User submitted notices as required under Section 10-1.661(c).

(2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in Section 10-1.661(d)(1).

(§ 2, Ord. 1737-NS, eff. September 26, 2025)