Tracy Municipal Code Art. 4 Wastewater Discharge Surveys, Permits, Monitoring, and Administration

Article 4 does not apply to "dwelling units."

(Prior code § 5-6.401; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

All potential dischargers, as determined by the City, may be required to have an annually updated Discharge Survey Report on file with the City. The Discharge Survey Report may include, but not be limited to, nature of user's business, production quantities, hours of operation, number and classification of employees, or other information which related to the user's operation, including the chemical constituents and quantity of liquid or gaseous materials stored on site even though they are not normally discharged.

(Prior code § 5-6.402; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

(Prior code § 5-6.403; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

All significant industrial users proposing to connect to or discharge into the City's sewer shall obtain a wastewater discharge permit before connecting to or discharging into the City's sewer. All existing significant industrial users shall obtain a wastewater discharge permit within 180 days after the effective date of the ordinance codified in this chapter.

(a) Within 180 days after the effective date of a categorical pretreatment standard or 180 days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later, existing industrial users subject to such categorical standards and currently discharging to or scheduled to discharge to the POTW shall submit to the City a report which contains the information required in section 5.24.440(a)—(l) of this Code.

(b) New sources and sources that become industrial dischargers to the City's sewer system subsequent to the promulgation of an applicable categorical standard shall submit to the City a report which contains the information required in section 5.24.440(a)—(l) of this Code ninety (90) days prior to the commencement of discharge.

(c) The City has the right to condition or deny any new or increased contributions of pollutants or changes in the nature of pollutants discharged to the POTW by any discharger where such discharges do not meet applicable pretreatment standards and requirements, or where such contributions would cause the POTW to violate its NPDES permit.

(d) All discharge permits are subject to all provisions of this chapter and all other regulations, charges for use and fees established by the City. The condition of wastewater discharge permits shall be uniformly enforced by the City in accordance with this chapter and all applicable State and Federal regulations.

(Ord. 1119 § 5, 2008: prior code § 5-6.403.1; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

A permit shall be required of all users granted temporary permission to discharge unpolluted water, storm drainage, and groundwater into the sanitary sewer. This temporary permit may be granted when no alternative method of disposal is reasonably available. The provisions of section 5.24.050 (Prohibitions on Discharge) of this chapter pertaining to wastewater strength and characteristics shall apply.

Users granted permission to discharge wastes of uncertain effect upon the treatment process may be required to obtain a bond by the City.

(Prior code § 5-6.403.2; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

(a) All persons owning vacuum or "cesspool" pump trucks or other liquid waste transport trucks and desiring to discharge septic tank, seepage pit, or cesspool contents, industrial liquid wastes, or other liquid wastes to sewerage facilities of the City or to facilities that discharge directly or indirectly to such sewerage facilities shall first obtain a wastehauler discharge permit. All applicants shall complete the application form, pay the appropriate fees, and agree, in writing, to abide by all permit requirements.

(b) The Utilities Director and/or designee shall require haulers of industrial waste to obtain wastewater discharge permits. The Director shall require generators of hauled industrial waste to obtain wastewater discharge permits. The Director also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this chapter. No load may be discharged without prior consent of the Director. The Director may require the industrial waste hauler or generator to provide a waste analysis of any load prior to discharge.

(c) Hauled waste may be introduced into the POTW only at locations designated by the Utilities Director, and at such times as are established by the Director. Such waste shall not violate Article 2 of this chapter, any requirements of the discharge permit, or any other requirements established by the City. Wastehaulers shall also be subject to all State, County, and RCRA regulations related to waste disposal. Any violations of these requirements are subject to enforcement actions in Article 6 of this chapter.

(d) Each hauler, prior to discharging, may be subject to having his waste sampled, visually inspected, and/or analyzed by a laboratory as required by the Utilities Director and/or designee.

(e) All wastehaulers, prior to discharging, must provide a waste discharge report (waste manifest) for every load. This report shall include, at a minimum, the name and address of the waste hauling company, truck identification, names and addresses of sources of waste, driver signature, and volume and characteristics of waste.

(Prior code § 5-6.403.3; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

Users seeking a Wastewater Discharge Permit shall complete and file with the Director, an application in the form prescribed by the Director. This application will require the submission of a baseline monitoring report supplying, but not limited to, the following information:

(a) Name, address, and SIC number of applicant;

(b) Names of executive officers and owners;

(c) Type of business, products produced, and average rate of production;

(d) Wastewater constituents and characteristics including, but not limited to, those mentioned in section 5.24.060, from each regulated process as determined by a laboratory approved by the City;

(e) Total, average, and peak wastewater flow rates, including daily, monthly, and seasonal variations. These flows shall include those from regulated process streams or other streams as necessary;

(f) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers and appurtenances by size, location, and elevation, including:

(1) Pretreatment equipment,

(2) Grease, oil and sand interceptors,

(3) Back-flow prevention devices,

(4) Chemical storage areas,

(5) Spill containment structures,

(6) Location of stormwater system,

(7) Hazardous waste management;

(g) Material Safety Data Sheets for chemicals stored on the premises;

(h) Spill prevention and control measures;

(i) List of any environmental permits in possession of the applicant;

(j) Anticipated pretreatment equipment and/or construction required by the applicant to meet all provisions of this chapter;

(k) Existing users shall submit the results of sampling and analysis of the regulated waste streams. Such results will include the nature and concentration of the regulated pollutants in each waste stream, also the time, date and place of sampling and the methods of analysis.

Baseline sampling data shall be based on, but not be limited to, a minimum of one sampling analysis of pollutants. New users may be permitted to submit verifiable estimates of production, flow and the presence and quantity of regulated pollutants in its wastestream, where justified by feasibility considerations, and sampling is impractical;

(l) Certification. A statement, reviewed by an authorized representative of the Industrial User and certified to by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the Industrial User to meet the Pretreatment Standards and Requirements.

(m) Other information may be required to properly evaluate the permit application. After evaluation and acceptance of the information supplied, the City may issue the appropriate permit to discharge wastewater.

(Prior code § 5-6.403.4; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

Wastewater Discharge Permits shall be expressly subject to all provisions of this chapter and all other ordinances, regulations, charges and fees established by the City. The conditions of Wastewater Discharge Permits shall be uniformly enforced by the Director in accordance with this chapter, and applicable State and Federal regulations. Permits may contain the following:

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

(b) The average and maximum allowable wastewater constituents and characteristics;

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

(d) Requirements for installation of monitoring, inspection, and sampling facilities, as specified by the City;

(e) Pre-treatment requirements;

(f) Specifications for monitoring programs which may include sampling locations, frequency, and method of sampling, number, types, standards for tests reporting schedule, and frequency of calibration of flow monitoring equipment;

(g) Requirements for submission of technical reports or discharge reports;

(h) Requirements for maintaining plant records relating to wastewater discharge as specified by the City and affording the City access thereto;

(i) Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants (as in the users wastewater discharge);

(j) Requirements for maintaining manifests, hazardous, or pretreatment wastes;

(k) A statement that the City has the right to enter the property to inspect, monitor, collect samples, and to inspect and copy monitoring and discharge records;

(l) The civil and criminal penalties and fees that can be levied for non-compliance with the permit conditions, City ordinance and State or Federal regulations;

(m) Specifications, by type, as to what waste streams are authorized for discharge;

(n) Minimum requirements for a slug discharge/accidental discharge plan are given in section 5.24.070 of this chapter;

(o) Notification requirements;

(p) Other conditions as deemed appropriate by the Director to insure compliance with this chapter.

(Ord. 1119 § 6, 2008; prior code § 5-6.403.5; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

All permits shall be issued for a period of one year, unless determined otherwise by the Director. In no case shall permits be issued longer than five (5) years from date of issuance. All users must apply for permit renewal a minimum of ninety (90) days prior to the expiration of the existing permit. Permits are renewed annually by the City's Continuing Operating Permit.

(Prior code § 5-6.403.6; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

Within ninety (90) days of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of users subject to such standards shall be revised as required for compliance with such standards within the time frame prescribed by such standard.

The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements are modified or other just cause exists. Any change or new conditions in the permit shall require the permittee to enter into an Enforcement Compliance Schedule Agreement (as per section 5.24.710) with the City.

(Prior code § 5-6.403.7; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the City. Any succeeding owner or user shall also reapply and comply with the terms and conditions of the existing permit until a new permit is issued.

(Prior code § 5-6.403.8; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

Special agreements between the City and any persons or agency may be established when, in the opinion of the City, unusual or extraordinary circumstances compel special terms and conditions. Such special agreements may contain special provisions relating to the particular industry with which the agreement is made. All such agreements shall be subject to meeting provisions of all regulating agencies, including the Federal Categorical Pretreatment Standards.

(Prior code § 5-6.403.9; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

Industrial wastewater discharge permits for dischargers located outside of the City's service area but tributary to the City's sewerage facilities, may be issued by the local sewering agency after approval by the City and/or through special agreement. Inspection of the discharger's plant to determine compliance with industrial waste discharge regulations will be made under a coordinated plan of inspection developed by the affected agencies. Industrial waste discharge regulations and effluent limitations of affected agencies will apply to the discharger unless one agency specifically waives its requirements. The discharger must meet Federal Categorical Limits.

(Prior code § 5-6.403.10; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

(Prior code § 5-6.404; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

The Director or his duly authorized representative shall be permitted to enter all wastewater facilities of all properties served by the City for purposes of inspection, observation, measurement, sampling, testing, or any other duty in accordance with the provisions of this chapter.

(Prior code § 5-6.404.1; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

Users who propose to discharge, or who in the judgment of the City could discharge now or in the future, wastewater with constituents and characteristics different from that produced by a dwelling unit may be required to install and maintain a monitoring facility at the user's expense, at a location acceptable to the Director and constructed in accordance with the City's requirements and construction standards and specifications.

When, in the judgment of the City, an existing user requires a monitoring facility, the user will be so notified in writing. Construction must be complete within ninety (90) days following written notification unless a time extension is otherwise granted by the City.

(Prior code § 5-6.404.2; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

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

(Prior code § 5-6.404.3; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

Measurements of flow rates, flow volumes, COD, BOD, TOC, grease, and suspended solids for use in determining the annual industrial wastewater treatment charges and such measurements of other constituents believed necessary by the Director may be required of each discharger. All sampling analyses and flow measurements of industrial wastewater shall be performed by a state certified independent laboratory, by a laboratory of the industrial discharger approved by the Director, or by personnel of the City, at the discretion of the Director. If performed by the City's personnel, an appropriate charge shall be paid by the discharger requesting the test. Prior to the submittal to the City of data developed in the laboratory of an industrial discharger, the results shall be verified by a responsible administrative official of the industrial discharger under the penalty of perjury.

All analyses shall be performed in accordance with procedures established in Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the EPA Administrator. Any independent laboratory or discharger performing tests shall furnish any required test data or information of the test methods or equipment used if requested to do so by the Director.

All dischargers making periodic measurements shall furnish and install at the control manhole or other appropriate location a calibrated flume, weir, flowmeter, or similar device approved by the Director and suitable to measure the industrial wastewater flow rate and total volume. A recording and totalizing register for flowage may be required by the Director. In lieu of wastewater flow measurement, the Director may accept records of water usage and adjust the flow volumes by suitable factors to determine the peak and average flow rates for the specific industrial wastewater discharge. All devices used to measure the industrial wastewater flow rate and total volume shall be calibrated and certified, as required by the Director, by an approved service. Copies of the certifications shall be submitted to the Director along with monitoring reports.

Those industrial wastewater dischargers required by the Director to make periodic measurements of the industrial wastewater flow and constituents shall annually make the minimum number of such measurements required. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director for specific pollutant analyses or in demonstrated situations where flow-proportional sampling is not feasible. Dischargers required to sample on only a few days per year shall collect representative samples of their discharge on the required monitoring dates. Industrial plants with large fluctuations in the quantity or quality of wastewater may be required to provide continuous sampling and analysis for every working day. When required by the Director, the discharger shall install and maintain, in proper order, automatic flow, proportional sampling, and/or automatic analysis and recording equipment.

Measurements to verify the quantities of waste flows and waste constituents reported by industrial dischargers will be conducted on a random basis by personnel of the City.

(Prior code § 5-6.404.4; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

(a) Signatory Requirement. All required user reports must contain the following statement, and be signed by an "authorized representative" of the user (as defined in section 5.24.040 of this chapter):

Statement: "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 gathered and evaluated the information submitted. Based on my inquiry of the person or persons who managed the system, or 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 fines and imprisonment for a knowing violation."

(b) Compliance Date Report. 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 introductions of the wastewater into the POTW, any industrial user subject to categorical pretreatment standards and requirements shall submit to the Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated processes which are limited by pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.

(c) Periodic Compliance Reports.

(1) Any industrial user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Director during the months of June and December, unless required more frequently in the pretreatment standard or by the Director, a report indicating the nature, concentration of pollutants and volume of the effluent which are limited by such pretreatment standards or required in the permit. Users subject to production-based categorical standards must report the actual average production rate for the reporting period. At the direction of the Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., they may agree to alter the months during which the above reports are to be submitted. This report shall be signed by an authorized representative of the industrial user.

(2) Significant noncategorical industrial users shall submit to the Director at least once every six months (on dates specified by the Director) a description of the nature, concentration, and flow of the pollutants required to be reported by the City. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR part 136 and amendments thereto. Where 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other persons, approved by the Administrator. This sampling and analysis may be performed by the City of Tracy in lieu of the significant noncategorical industrial user. Where the City of Tracy itself collects all the information required for the report, the noncategorical significant industrial user will not be required to submit the report.

(3) Monthly monitoring reports submitted to the Director for the purpose of collecting wastewater user fees must be submitted no later than the seventh[tenth] (10th) day of the month following that reported.

(4) To verify the user's operating data, the Director may require a user to submit an inventory of all wastewater streams and production data.

(5) All users are required to notify the City prior to making any changes to their facility, operations or production methods that will substantially change the volume or character of the pollutants in their discharge or affect the potential for a slug discharge.

(6) If sampling by an industrial user indicates a violation of limits set by this chapter or State or Federal regulations, the user must notify the City within twenty-four (24) hours of becoming aware of the violation. The user must then repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty (30) days after becoming aware of the violation.

(7) 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 Director, using the procedures prescribed in this section, the results of this monitoring shall be included in the report.

(d) Compliance Schedule Agreement Reporting. For any user subject to an Enforcement Compliance Schedule Agreement or a Regulatory Compliance Schedule Agreement the following conditions shall apply:

(1) The schedule shall contain increments of progress 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 Industrial User to meet the applicable categorical Pretreatment Standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

(2) No increment referred to in paragraph (d)(1) of this section shall exceed nine (9) months.

(3) Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to the Director including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the Industrial User to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the Director.

(Ord. 1119 § 7, 2008; prior code § 5-6.404.5; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

All industrial users shall maintain records of all information resulting from any monitoring activities (whether or not such monitoring activities are required by this chapter) for a minimum of three (3) years. These records shall be made available upon request for inspection and copying by the Director. This period of retention shall be extended during the course of any unresolved litigation regarding the user or the POTW or when requested by the Director, appropriate State or EPA officials.

All analytical monitoring results shall include:

(a) The date, exact place, method and time of sampling and the names of the persons taking the samples;

(b) The dates analyses were performed;

(c) The analytical techniques/methods used;

(d) The results of such analyses.

(Prior code § 5-6.404.6; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

All information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs, and inspections shall be available to the public or other governmental agencies without restriction in accordance with state law, unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes, or methods which would be detrimental to the user's competitive position.

When requested by the person furnishing the report, the portions of a report which have been determined confidential, as above, shall not be made available for inspection by the public but shall be made available to State agencies or agencies of the Federal government.

Wastewater constituents and characteristics will not be recognized as confidential information.

(Prior code § 5-6.404.7; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

Should measurements or other investigations reveal that the industrial discharger is discharging at a flow rate or at a combination of flow, biochemical oxygen demand, or suspended solids significantly in excess of that stated on the industrial wastewater permit, or in excess of the quantities reported to the City by the discharger and upon which the industrial wastewater treatment fee is based, the discharger shall apply for an amended industrial wastewater permit and shall be assessed for all delinquent charges, plus an administrative charge of ten (10) percent of the delinquent charges. An industrial discharger found in violation shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter value over the preceding three (3) years or subsequent to the previous City verification of quantity parameter, whichever period is shorter.

For the purpose of establishing the correct treatment fees, at least two (2) twenty-four (24) hour composite samples and two (2) flow measurements shall be obtained by the City, with all costs of sampling and analysis to be paid by the discharger. The data obtained from such samplings, along with any other relevant information obtained by the City or presented by the discharger, shall be used by the Director in determining the quantity parameters for use in the formula.

(Prior code § 5-6.404.8; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)