Vacaville Municipal Code Art. VII Use of Public Sewers

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 the user is subject to categorical Pretreatment Standards or any other national, state, or local pretreatment standards or requirements.

(Ord. 2016, 3/24/2026)

No user shall introduce or cause to be introduced into the POTW, the following pollutants, substances, or wastewater:

A. Any substance which will cause the POTW to violate its NPDES and/or State Disposal System Permit or the receiving water quality standards;

B. Pollutants 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 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21; Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than 5% or any single reading over 10% of the Lower Explosive Limit of the meter;

C. Wastewater having a pH less than 5.5 or more than 10.5 or that is otherwise capable of causing corrosive structural damage to the POTW or equipment;

D. Solid or viscous substances in amounts which may cause obstruction of the flow in the POTW resulting in interference, but in no case solids greater than 1/2 inch in any dimension;

E. Pollutants, including oxygen demanding pollutants (BOD, ammonia, 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;

F. Wastewater having a temperature greater than 140 degrees Fahrenheit (60 degrees Celsius), or which will inhibit biological activity in the wastewater treatment plant resulting in Interference, but in no case causes the temperature at the introduction into the wastewater treatment plant to exceed 104 degrees F (40 degrees C);

G. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

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

I. Trucked or hauled pollutants, except at discharge points designated by the Director in accordance with § 13.08.520;

J. Any noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life, or to prevent entry into the sewers for maintenance and repair;

K. Wastewater which imparts color that cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the wastewater treatment plant's effluent, thereby violating the city's NPDES Permit;

L. Wastewater containing any radioactive material or isotopes, except if in compliance with applicable state or federal regulations;

M. Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Director;

N. Sludges, screenings, or other residues from the pretreatment of industrial wastes;

O. Medical wastes, except as specifically authorized by the Director in an individual wastewater discharge permit or a general permit;

P. Wastewater causing, alone or in conjunction with other sources, the wastewater treatment plant's effluent to fail toxicity test;

Q. Detergents, surface active agents, or other substances that might cause excessive foaming in the POTW;

R. FOG in concentrations greater than local limits in § 13.08.450;

S. Hazardous waste; any discarded material, solid or liquid, that poses a substantial threat to human health or the environment due to its inherent properties. These properties can include toxicity, reactivity, ignitability, or corrosivity;

T. Any substance which may cause the POTW effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the system cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria.

When the Director determines that a user(s) is contributing to the system, any of the above enumerated substances in such amounts as to interfere with the operation of the POTW may result in an enforcement action in accordance with this chapter.

(Ord. 2016, 3/24/2026)

Upon the promulgation of the Categorical Pretreatment Standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The Director shall notify all affected users of the applicable reporting requirements under 40 CFR, Chapter I, Subchapter N, Parts 405 through 471. Users must comply with the Categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471 as amended from time to time and which Pretreatment Standards are hereby incorporated into this chapter.

A. Where a Categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a Pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with subsections (E) and (F) of this section.

B. When the limits in a Categorical Pretreatment Standard are expressed only in terms of mass of Pollutant per unit of production, the Director may convert the limits to equivalent limitations expressed either as mass of Pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual Users.

C. When wastewater subject to a Categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the Director shall impose an alternate limit in accordance with 40 CFR 403.6(e).

D. A CIU may obtain a "net" adjustment to a Categorical Pretreatment Standard in accordance with the following subsections:

1. Categorical Pretreatment Standards limits may be adjusted to reflect the presence of Pollutants in the User's intake water in accordance with this section. Any User wishing to obtain credit for intake pollutants must submit a request to the city. Upon request of the User, the applicable limits will be calculated on a "net" basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of subsection (D)(2) of this section are met.

2. Criteria.

a. Either (i) the applicable Categorical Pretreatment Standards contained in 40 CFR Subchapter N specifically provide that they shall be applied on a net basis; or (ii) the User demonstrates that the control system it proposes or uses to meet applicable Categorical Pretreatment Standards would, if properly installed and operated, meet limits in the absence of pollutants in the intake waters.

b. Credit for generic pollutants such as BOD, TSS, and FOG should not be granted unless the User demonstrates that the constituents of the generic measure in the User's effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

c. Credit shall be granted only to the extent necessary to meet the applicable categorical Pretreatment Standard(s), up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with Standard(s) adjusted under this section.

d. Credit shall be granted only if the User demonstrates that the intake water is drawn from the same body of water as that into which the POTW discharges. The city may waive this requirement if it finds that no environmental degradation will result.

E. When a categorical Pretreatment Standard is expressed only in terms of Pollutant concentrations, a User may request that the city convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Director. The city may establish equivalent mass limits only if the User meets all the conditions set forth in subsections (E)(1)(a) through (E)(1)(e) of this section.

1. To be eligible for equivalent mass limits, the User must:

a. Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;

b. Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical Pretreatment Standard, and not have used dilution as a substitute for treatment;

c. Provide sufficient information to establish the facility's actual average daily flow rate for all waste streams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

d. Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the Discharge; and

e. Have consistently complied with all applicable categorical Pretreatment Standards during the period prior to the User's request for equivalent mass limits.

2. An IU subject to equivalent mass limits must:

a. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

b. Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;

c. Continue to record the facility's production rates and notify the Director whenever production rates are expected to vary by more than 20% from its baseline production rates determined in subsection (E)(3) of this section. Upon notification of a revised production rate, the Director will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

d. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to subsection (E)(1)(a) of this subsection so long as it discharges under an equivalent mass limit.

3. When developing equivalent mass limits, the Director:

a. Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the User by the concentration-based Daily Maximum and Monthly Average Standard for the applicable categorical Pretreatment Standard and the appropriate unit conversion factor;

b. Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

c. May retain the same equivalent mass limit in subsequent individual wastewater discharge permit terms if the User's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to § 13.08.470. The User must also be in compliance with § 13.08.970 regarding the prohibition of bypass.

F. The Director may convert the mass limits of the categorical Pretreatment Standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual Users. The conversion is at the discretion of the Director.

G. Once included in its permit, the User must comply with the equivalent limitations developed in this section in lieu of the promulgated Categorical Pretreatment Standards from which the equivalent limitations were derived.

H. Many categorical Pretreatment Standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum Monthly Average, or four-day average, limitations. Where such Standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

I. Any User operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based Standard shall notify the Director within two business days after the User has a reasonable basis to know that the production level will significantly change within the next calendar month. Any User not notifying the Director of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.

(Ord. 2016, 3/24/2026)

Users must comply with State Pretreatment Standards and Requirements in any case where they are more stringent than Federal Requirements and limitations of those in this chapter.

(Ord. 2016, 3/24/2026)

The Director is authorized to establish Local Limits pursuant to 40 CFR 403.5(c).

The following pollutant limits are established to protect against Pass Through and Interference. No user shall discharge wastewater containing the following parameters in excess of the corresponding Daily Maximum and/or Monthly Average Limits in milligrams per liter (mg/L) of discharge.

When an IU's discharge is in excess of a Local Limit, it is subject to enforcement except when the IU has a purchased sewer capacity for certain pollutants (e.g., ammonia, BOD, COD, TDS, TSS) that is distinguished from the corresponding Local Limit. When an IU exceeds its purchased sewer capacity for certain pollutants, it is subject to being surcharged to recover the incremental added cost to treat the wastewater. The surcharge is calculated in accordance with the city's current Pretreatment Program Implementation Manual and/or the State Revenue Guidelines. Any IU subject to being surcharged is not relieved of enforcement when the discharge causes interference, pass through, or a SSS.

The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The Director may impose mass limitations in addition to the concentration-based limitations above.

(Ord. 2016, 3/24/2026)

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 chapter.

(Ord. 2016, 3/24/2026)

No User shall ever 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 Director may impose mass limitations on Users who are using dilution to meet applicable Pretreatment Standards or Requirements or in other cases when the imposition of mass limitations is appropriate.

(Ord. 2016, 3/24/2026)

A. The dumping, pouring, or otherwise disposing of FOG by any user into any sewer drain is strictly prohibited. This includes but is not limited to FOG used in or generated by residential cooking activities. Any user found disposing of FOG in any sewer drain in violation of this chapter may be subject to enforcement action according to this chapter.

B. No user shall introduce any additives, including but not limited to enzymes, microbes, or surfactants acting as grease emulsifiers, or degradation agents, into a grease control device, unless prior written approval is obtained from the Director. Any user, if having been granted approval by the Director to use any of the methods described above for the abatement of grease, shall continue to maintain the grease control device in such a manner that ensures consistent compliance with the FOG local limits, as defined in § 13.08.450, as measured from the outlet of the grease control device.

C. Discharge Limit. No user discharging wastewater to the POTW through a grease control device shall allow wastewater FOG concentrations discharged from the grease control device to exceed those in § 13.08.450.

D. Grease Control Devices. Users required to install and maintain a grease control device designed to separate and capture settleables or FOG of any kind shall comply with the following:

1. Food Grinders. The city will require the removal of food grinders from the plumbing system of an FSE.

2. Maintenance and Repair Requirements. All users with grease control devices shall routinely maintain grease control devices in good working condition and provide proper maintenance and repairs at the user's expense. All accumulated grease and solids materials shall be removed from the site and/or disposed of in accordance with Federal, State, and Local Regulations. When a user enlists the services of a professional waste hauler for cleanings; hauling manifest must include date, time, address, previous cleaning date, volume collected, FOG plus solids measurements, any deficiencies, and disposal location. Decanting back into the grease control devices or the POTW shall not be permitted. Such removal of accumulated waste shall be performed on an as-needed basis, but not less than once every quarter for all FSEs, unless otherwise permitted to do so through variance granted by the city. "As needed" shall mean as necessary to ensure continued compliance with the local limits for FOG in § 13.08.450 and maintain a FOG plus solids content of no more than 25% between cleanings as indicated on water hauler manifests. Any deficiencies of grease control devices found through inspection or on waste hauler manifest must be corrected immediately. If it is determined by the Director that mainline flow restriction, e.g., a grease blockage or an obstruction, has resulted from the inadequate cleaning or maintenance of a user's grease control device, or if, in the opinion of the Director, a need for increased grease control device maintenance frequency exists, the Director may require user, by written notice, to implement an increased cleaning frequency.

3. Variance requests to extend the minimum cleaning frequency for a grease control device from quarterly to a period of greater duration must be submitted to the Director in writing. The user shall clearly state in detail the factual and/or technical basis for the variance request and the user's proposed cleaning schedule. All variance requests must be dated and signed by the user or his/her designee. A variance may be granted on a case-by-case basis if the applicant is otherwise in compliance with this chapter and if granting such a variance is not detrimental to the public health, safety or welfare. The city may deny variance requests or revoke any granted variances when it is determined by the Director to be in the best interest of the city or at any time the requirements set forth in this chapter are not being met by a user. Prior to revocation, a user that has been granted a variance under this section shall have the opportunity to meet with the Director and show cause as to why the action should not be taken. The Director's action shall be final.

4. Record Keeping. Document record keeping shall be maintained and retained by the user for a period of not less than three years and made available for review or duplication by the city upon request and shall include:

a. Grease control device maintenance and cleaning records;

b. Plumbing maintenance records;

c. Rendering grease disposal records;

d. Name and contact information of waste hauler and disposal site;

e. Documents consist of, but are not limited to, logs, records, letters, blueprints, equipment instructions, specifications and operation information, receipts, and manifests.

E. Food Service Establishments (FSEs). All food service establishments shall implement BMPs in accordance with the requirements and guidelines established in this chapter and as may be established by the Director in an effort to minimize the discharge of FOG to the POTW. At a minimum, all FSEs shall be required to comply with the following BMPs:

1. Installation of Drain Screens. Fine mesh drain screens shall be installed on all drainage pipes in food preparation areas and cleaned at regular intervals.

2. Segregation and Collection of Waste Cooking Oil. All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels, drums, or bins. Such recycling receptacles shall be maintained properly to ensure that they do not leak.

3. All FSEs shall use licensed waste haulers and licensed recycling facilities to dispose of waste cooking oil.

4. Disposal of Food Waste. All food waste shall be disposed of directly into food waste containers or garbage, and not in sinks or otherwise directly or indirectly into the POTW.

5. Employee Training. Training in BMPs shall be provided by FSEs to employees of the FSE upon commencement of employment and at least annually thereafter, including, but not limited to, training on the following subjects:

a. How to "dry wipe" pots, pans, dishware and work areas before washing to remove grease.

b. How to properly dispose of food waste and solids in enclosed plastic bags prior to disposal in trash bins or containers to prevent leaking and odors.

c. The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped.

d. How to properly dispose of FOG from cooking equipment into a grease receptacle such as a barrel or drum without spilling.

6. Training shall be documented and employee signatures retained indicating each employee's attendance and understanding of the practices reviewed. Training records shall be available for review at any reasonable time by city personnel.

7. Kitchen Signage. Best management and waste minimization practices shall be posted conspicuously in the food preparation and dishwashing areas at all times.

8. Waste Oil Containers. Grease rendering containers shall be in place and properly maintained.

F. Noncompliance. In the event that a user's grease control device fails a visual inspection or effluent sample analysis inspection, the user shall be given written notice of the noncompliant condition and take immediate steps to bring the user's grease control device into compliance. Failure on the part of any user to maintain continued compliance with any of the requirements set forth in this section of this code may result in the initiation of enforcement actions pursuant to this code and defined in the Pretreatment Program Implementation Manual.

(Ord. 2016, 3/24/2026)

A. Whenever deemed necessary, the Director may require a User to restrict its discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate wastewater 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 chapter.

B. The Director 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. An individual wastewater discharge permit or a general permit may be issued solely for flow equalization.

C. Grease control devices shall be installed at property owners expense when, in the opinion of the Director, they are necessary for the proper handling of wastewater containing excessive amounts of FOG or sand; except that such grease control devices shall not be required for residential users. All grease control devices shall be of a type and capacity approved by the Director or the Building Official, shall comply with the city's FOG Control set out in § 13.08.480, and shall be so located to be easily accessible for cleaning and inspection. Such grease control devices shall be inspected, cleaned, and repaired in accordance with § 13.08.480 by the User at their expense.

D. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

(Ord. 2016, 3/24/2026)

Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all Categorical Pretreatment Standards, local limits, and the prohibitions set out in Section 13.08.410 through 13.08.450 of this code within the time limitations as specified by EPA, the State, or the Director, whichever is most 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 Director for review and shall be acceptable to 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 chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.

(Ord. 2016, 3/24/2026)

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 such other action that may be necessary to control Slug Discharges. Alternatively, the Director may develop such a plan for any User. Facilities to prevent accidental discharge/slug discharge of prohibited materials shall be provided and maintained at the owner's or User's own cost and expense. An accidental discharge/slug discharge control plan shall address, 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 subsection 13.08.690; 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.

(Ord. 2016, 3/24/2026)

Septic tank waste may be introduced into the POTW only by haulers permitted by the Director, at locations designated by the Director, and at such times as are established by the Director. Such waste shall not violate § 13.08.410 or any other requirements established by the city.

A. Permitting.

1. The Director shall require septic tank, commercial and industrial waste haulers to obtain individual waste hauler permits. The Director may require generators of industrial or commercial waste to obtain individual wastewater discharge permits.

2. Any user required to obtain an individual waste hauler permit or wastewater discharge permit must submit an application for a permit to the Director, which shall include, but not be limited to, the following:

a. The name and address and contact information of the waste hauler owner;

b. Proof of a Solano County Environmental Health Services registration and public health license and/or registration as a transporter of inedible kitchen grease waste under California Food and Agricultural Code Section 19310;

c. Certification that the applicant has not been subject to any substantial enforcement actions relating to public health, waste hauling and/or hazardous waste handling;

d. A list with license numbers of each vehicle which the hauler proposes to use for discharge of waste at the POTW;

e. Certification that waste hauler has in place, and will maintain, vehicle insurance coverage which insures the hauler and the city against claims of personal injury and property damage (said minimum limits and coverage requirements may from time to time be set forth by the city);

f. Application shall be accompanied by an annual permit fee, the cost of which shall automatically be annually adjusted by the change, if any, in the Engineering News Record San Francisco Bay Area Construction Cost Index.

3. A waste hauler permit may be denied, revoked, or suspended by the Director for any of the following reasons:

a. Knowingly or negligently providing false information on any application, permit, or failure to manifest each load at the time of discharge.

b. Failure of the waste hauler to comply with Federal, State, County, or city regulations and laws or permit conditions.

c. Failure of the waste hauler to pay any fees, charges, or penalties assessed by the city.

B. The Director may require samples and/or a waste analysis of each hauled load prior to discharge to ensure compliance with applicable standards.

C. Waste haulers must provide a completed manifest for every load at the time of discharge. This form shall include, at a minimum, the name and address of the waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and certify that the wastes are not hazardous.

D. Waste haulers must provide a sample of every load of hauled waste to the city of Vacaville Laboratory for analysis. Samples will be delivered to the Laboratory along with the manifest by the hauler upon completion of discharge.

E. Only the following hauled wastes will be accepted for disposal:

1. Residential septic tank waste from within the County;

2. Verified septic tank waste from within the County;

3. Non-verified septic tank waste from within the County;

4. Permitted industrial or commercial waste from within the city and connected to the POTW; and

5. Grease removal device waste from food service establishments from within the city and connected to the POTW.

All other forms of hauled wastes are prohibited. Specifically excluded is the disposal of either non-domestic waste from outside the city limits or non-permitted waste from inside or outside the city limits. Hauled septic tank waste from outside Solano County is prohibited. The Director also may prohibit the disposal of hauled industrial or commercial waste from within the city.

(Ord. 2016, 3/24/2026)

A. When requested by the Director, a User must submit information on the nature and characteristics of its wastewater within 90 days of the request. The Director is authorized to prepare a form for this purpose and may periodically require Users to update this information.

B. No SIU shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit or a general permit from the Director, except that a SIU that has filed a timely application pursuant to § 13.08.540 of this code may continue to discharge for the time period specified therein.

C. The Director may require other Users to obtain individual wastewater discharge permits or general permits as necessary to carry out the purposes of this chapter.

D. Any violation of the terms and conditions of an individual wastewater discharge permit or a general permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in §§ 13.08.530 through 13.08.630. Obtaining an individual wastewater discharge permit or a general 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.

(Ord. 2016, 3/24/2026)

A. At the discretion of the Director, the Director may use general permits to control SIU discharges to the POTW if the following conditions are met. If the following conditions are not met, the SIU must obtain an individual permit. All facilities to be covered by a general permit must:

1. Involve the same or substantially similar types of operations;

2. Discharge the same types of wastes;

3. Require the same effluent limitations;

4. Require the same or similar monitoring; and

5. In the opinion of the Director, are more appropriately controlled under a general permit than under individual wastewater discharge permits.

B. To be covered by the general permit, the SIU must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, any requests in accordance with §§ 13.08.640 through 13.08.670 for a monitoring waiver for a pollutant neither present nor expected to be present in the Discharge, and any other information the POTW deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the Director has provided written notice to the SIU that such a waiver request has been granted in accordance with § 13.08.670.

C. The Director will retain a copy of the general permit, documentation to support the POTW's determination that a specific SIU meets the criteria in § 13.08.430 and applicable State regulations, and a copy of the User's written request for general permit coverage for three years after the expiration of the general permit.

D. The Director may not control an SIU through a general permit where the facility is subject to production based categorical Pretreatment Standards or categorical Pretreatment Standards expressed as mass of pollutant discharged per day or for IUs whose limits are based on the Combined Waste Stream Formula.

(Ord. 2016, 3/24/2026)

All users required to obtain an individual wastewater discharge permit or a general permit must submit a permit application. Users that are eligible may request a general permit under Section 13.08.530. The Director may require Users to submit, at a minimum, all or some of the following information as part of a permit application:

A. The name and address of the facility, including the name of the operator and owner;

B. SIC code; and a list of any environmental control permits held by or for the facility;

C. Description of Operations.

1. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such User. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes;

2. Types of wastes 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; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended from time to time;

3. Number and type of employees, hours of operation, and proposed or actual hours of operation;

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

5. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

D. Time and duration of discharges;

E. The location for monitoring all wastes covered by the permit;

F. Flow Measurement. Information showing the gallons per day measured, daily maximum flow, average daily flow. The Director may require measurement of peak hourly flow rate, collected at five-minute intervals, for Users with discharges in excess of 100,000 gpd or when discharging to sewer lines nearing maximum allowable design flow. Flow rates including daily, monthly and seasonal variations if any, from regulated process streams and other streams mixing with process streams, as necessary, and to allow use of the combined waste stream formula from 40 CFR Chapter I, Subchapter N, Part 403.6(e);

G. Measurement of Pollutants.

1. The categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for Existing Sources.

2. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the Standard or by the Director of regulated pollutants in the discharge from each regulated process.

3. Instantaneous, Daily Maximum, and long-term average concentrations, or mass, where required, shall be reported.

4. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 13.08.720. Where the Standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the Director or the applicable Standards to determine compliance with the Standard.

5. Sampling must be performed in accordance with procedures set out in § 13.08.730.

H. 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 § 13.08.670.

I. Any request to be covered by a general permit based on § 13.08.530.

J. Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, State, or Federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

K. 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. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

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 user to meet the applicable 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 shall exceed nine months;

3. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Director including, as 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 user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Director;

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

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

(Ord. 2016, 3/24/2026)

Any User required to obtain an individual wastewater discharge permit or a general permit who was discharging wastewater into the POTW prior to the effective date of the ordinance codified in this chapter and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the Director for an individual wastewater discharge permit or a general permit in accordance with § 13.08.530, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of the ordinance codified in this chapter except in accordance with an individual wastewater discharge permit or a general permit issued by the Director.

(Ord. 2016, 3/24/2026)

Any User required to obtain an individual wastewater discharge permit or a general permit who proposes to connect to the POTW or recommence discharging into the POTW must obtain such permit prior to connecting to the POTW or recommencing of such discharge. An application for this individual wastewater discharge permit or general permit, in accordance with § 13.08.530, must be filed at least 180 days prior to the date upon which any discharge will begin or recommence.

(Ord. 2016, 3/24/2026)

Any User required to obtain an individual wastewater discharge permit or a general permit who proposes to temporarily connect or discharge to the POTW must obtain such permit prior to connecting or discharging to the POTW or recommencing of such discharge. An application for this individual wastewater discharge permit or general permit for temporary connections or discharges, in accordance with § 13.08.530, must be filed at least 90 days, unless waived by the Director, prior to the date upon which any discharge will begin or recommence.

(Ord. 2016, 3/24/2026)

A. All wastewater discharge permit applications, User reports and certification statements must be signed by an Authorized Representative of the User and contain the certification statement in Section 13.08.760.

B. If the designation of an Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the Director prior to or together with any reports to be signed by an Authorized Representative.

C. A facility determined to be a Non-Significant CIU by the Director must annually submit the signed certification statement in accordance with § 13.08.760(B).

(Ord. 2016, 3/24/2026)

The Director will evaluate the data furnished by the User and may require additional information. Within 15 working days of receipt of a complete permit application, the Director will determine whether to issue an individual wastewater discharge permit or a general permit. The Director may deny any application for an individual wastewater discharge permit or a general permit.

(Ord. 2016, 3/24/2026)

An individual wastewater discharge permit or a general permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An individual wastewater discharge permit or a general permit may be issued for a period less than five years, at the discretion of the Director. Each individual wastewater discharge permit or a general permit will indicate a specific date upon which it will expire.

(Ord. 2016, 3/24/2026)

An individual wastewater discharge permit or a general permit shall include such conditions as are deemed reasonably necessary by the Director to prevent Pass Through or Interference, protect the quality of the water body receiving the wastewater treatment plant's effluent, protect worker health and safety, facilitate biosolids management and disposal, protect against damage to the POTW, and promote reuse and recycling of wastewater and biosolids from the POTW.

A. Individual wastewater discharge permits and general permits must 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 without prior notification to the city in accordance with § 13.08.630, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

3. Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards;

4. Self-monitoring, sampling, reporting, notification, and record-keeping 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 § 13.08.670.

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 Director to be necessary.

8. Any grant of the monitoring waiver by the Director in accordance with § 13.08.670, must be included as a condition in the User's permit or other control mechanism.

B. Individual wastewater discharge permits may also contain, but need not be limited to, the following conditions:

1. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

2. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

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, surcharge, or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

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

7. A statement that compliance with the individual wastewater discharge permit or the general 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 individual wastewater discharge permit or the general permit; and

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

9. Compliance schedules;

10. Requirements for submission of technical reports or discharge reports (see § 13.08.670);

11. Requirements for maintaining and retaining plant records for a minimum of the most recent three years relating to wastewater discharge as specified by the city, and affording city access thereto;

12. Requirements for notification of the city or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

13. Other conditions as deemed appropriate by the Director to ensure compliance with this chapter and State and Federal laws, rules, and regulations.

(Ord. 2016, 3/24/2026)

A. Permit Issuance Process. Permit issuance shall follow procedures set forth in the city of Vacaville Pretreatment Implementation Manual as approved by City Council. For new IU discharge applicants, the city will conduct an on-site inspection to verify the information contained in the application. For renewal applicants, a routine compliance inspection within the last six months of the application date may be sufficient to verify the information in the application and to identify any changes in permit conditions. If the compliance inspection is insufficient in the Director's opinion, a complete on-site inspection may be conducted. Once completed, the permit will be finalized (including an effective date) and sent to the applicant. The applicant shall have a 30-day review and comment period before the permit becomes effective.

B. Permit Appeals. Any person, including the User, may petition the Director to reconsider the terms of an individual wastewater discharge permit or a general permit within 30 days of its issuance.

C. Permit Modifications. The Director may modify an individual or general wastewater discharge permit for good cause, including, but not limited to, the following reasons:

1. To incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements;

2. To address significant alterations or additions to the User's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;

3. To address a change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

4. Receipt of information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, the receiving waters, or beneficial use of biosolids;

5. Violation of any terms or conditions of the individual wastewater discharge permit;

6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

7. Revision of or a grant of variance from categorical Pretreatment Standards pursuant to 40 CFR 403.13;

8. To correct typographical or other errors in the individual wastewater discharge permit; or

9. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with subsection D of this section.

D. Individual and General Wastewater Discharge Permit Transfer. Individual or general wastewater discharge permits are issued to a specific User for a specific operation. A wastewater discharge permit may not be reassigned or transferred or sold to a new owner, new User, different premises, or a new or changed operation without a written request to and prior approval from the Director. The request must include a written certification by the new owner or operator which:

1. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes over the life of the permit;

2. Identifies the specific date on which the transfer is to occur; and

3. Acknowledges full responsibility for complying with the existing individual wastewater discharge permit or general permit.

Failure to provide advance 30 days' notice of a transfer and receive written approval of the permit transfer renders the individual wastewater discharge permit or coverage under the general permit void as of the date of facility transfer.

E. Individual Wastewater Discharge Permit and General Permit Revocation. In addition to any other penalties or remedies, the Director may revoke an individual wastewater discharge permit or coverage under a general permit for good cause, including, but not limited to, the following reasons:

1. Failure to notify the Director of significant changes to the wastewater prior to the changed discharge;

2. Failure to provide prior notification to the Director of changed conditions pursuant to § 13.08.680;

3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

4. Falsifying self-monitoring reports and certification statements;

5. Tampering with monitoring equipment;

6. Refusing to allow the Director timely access to the facility premises and records;

7. Failure to meet effluent limitations;

8. Failure to pay fines;

9. Failure to pay sewer charges;

10. Failure to meet compliance schedules;

11. Failure to complete a wastewater survey or the wastewater discharge permit application;

12. Failure to provide advance notice of the transfer of business ownership of a permitted facility;

13. Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or the general permit or this chapter; or

14. Failure to comply with a notification of violation as set forth in § 13.08.710.

F. Individual wastewater discharge permits or coverage under general permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits or general permits issued to a User are void upon the issuance of a new individual wastewater discharge permit or a general permit to that User.

G. Individual Wastewater Discharge Permit and General Permit Reissuance. A User with an expiring individual wastewater discharge permit or general permit shall apply for individual wastewater discharge permit or general permit reissuance by submitting a complete permit application, in accordance with § 13.08.550, a minimum of 90 days prior to the expiration of the User's existing individual wastewater discharge permit or general permit.

(Ord. 2016, 3/24/2026)

Users that become subject to new or revised categorical Pretreatment Standards are required to comply with the following reporting requirements even if they have been designated as Non-Significant CIUs. Within either 180 days after the effective date of a categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 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 which contains the information listed in subsection (A)(2) of this section. At least 90 days prior to commencement of their discharge, New Sources, and sources that become CIUs subsequent to the promulgation of an applicable Categorical Pretreatment Standard, shall submit to the Director a report which contains the information listed in subsection (A)(2) of this section. A New Source shall report the method of pretreatment it intends to use to meet applicable Categorical Pretreatment Standards. A New Source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

A. Users described above shall submit the information set forth as follows:

1. All information required in Section 13.08.550 and subsections thereto.

2. Measurement of Pollutants.

a. The User shall provide the information required in Section 13.08.550.

b. The User shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this subsection A.

c. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the User should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the city.

d. Sampling and analysis shall be performed in accordance with § 13.08.550.

e. 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 industrial pretreatment measures.

f. 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.

B. Sample data shall be reported in tabular format accompanied by applicable laboratory analytical reports including sample chain-of-custody.

C. Compliance Certification. A statement, reviewed by the Authorized Representative of the User and certified by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation 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 out in § 13.08.650.

E. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with this chapter and signed by an Authorized Representative of the User.

(Ord. 2016, 3/24/2026)

If a User has been granted a compliance schedule to meet discharge limitations, the following conditions shall apply to the compliance schedule as required by this chapter:

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 the applicable Pretreatment Standards (such events include, but are not limited to, 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 subsection A of this section shall exceed nine months;

C. The User shall submit a progress report to the Director no later than 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 months elapse between such progress reports to the Director.

(Ord. 2016, 3/24/2026)

Within 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 such pretreatment standards and requirements shall submit to the Director a report containing the information described in Section 13.08.550. For Users subject to equivalent mass or concentration limits established in accordance with the procedures in subsection 13.08.430 (See 40 CFR 403.6(c)), this report shall contain a reasonable measure of the User's long term production rate. For all other Users subject to categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the User's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 13.08.670. All sampling will be done in conformance with Section 13.08.530.

(Ord. 2016, 3/24/2026)

All SIUs are required to submit periodic compliance reports even if they have been designated a Non-Significant CIU in accordance with § 13.08.030.

A. Except as specified in § 13.08.650, all SIUs must, 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 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 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 Pretreatment Standard and otherwise includes no processed wastewater.

2. The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The User must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit in accordance with Sections 13.08.540 and 13.08.620.

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 the "Authorized Representative of the User" or "Duly Authorized Representative of the User" and include the certification statement in Section 13.08.760.

5. Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA 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 Director must be included as a condition in the User's permit. The reasons supporting the waiver and any information submitted by the User in its request for the waiver must be maintained by the Director for three years after expiration of the waiver.

7. Upon approval of the monitoring waiver and revision of the User's permit by the Director, the User must certify on each report with the statement in § 13.08.760, 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 is expected to be present because of changes that occur in the User's operations, the User must immediately: Comply with the monitoring requirements of Section 13.08.530, or other more frequent monitoring requirements imposed by the Director, and notify the Director.

9. This provision does not supersede certification processes and requirements established in Categorical Pretreatment Standards, except as otherwise specified in the Categorical Pretreatment Standard.

C. The city may reduce the requirement for periodic compliance reports specified in Section 13.08.670 to a requirement to report no less frequently than once a year, unless required more frequently in the Pretreatment Standard or the State, where the User's total categorical wastewater flow does not exceed any of the following:

1. 0.01% of the POTW's design dry-weather hydraulic capacity, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the User discharges in batches;

2. 0.01% of the design dry-weather organic treatment capacity of the POTW; and

3. 0.01% 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 § 13.08.450.

Reduced reporting is not available to Users that have in the last two years been in Significant Noncompliance, as defined in Section 13.08.030. In addition, reduced reporting is not available to a User with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Director, 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 and certified in accordance with Section 13.08.670.

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 unrepresentative 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 Director, using the procedures prescribed in Section 13.08.530, the results of this monitoring shall be included in the report.

G. Sample data shall be reported in tabular format accompanied by applicable laboratory analytical reports including sample chain-of-custody.

H. Users that send electronic (digital) documents to the city to satisfy the requirements of this section must also provide hard copy signed documents within five days of the due date.

(Ord. 2016, 3/24/2026)

Each 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 90 days before the change.

A. The Director may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 13.08.550.

B. The Director may issue an individual wastewater discharge permit or a general permit under § 13.08.530 or modify an existing wastewater discharge permit or a general permit under § 13.08.560 in response to changed conditions or anticipated changed conditions.

(Ord. 2016, 3/24/2026)

A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a Slug Discharge or Slug Load, that might cause potential problems for the POTW, the User shall immediately telephone and notify the Director of the incident. 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 days following an accidental discharge/slug discharge, the user shall submit to the Director a detailed written report describing:

1. The cause of the discharge;

2. The date, time, and duration of the discharge; and

3. 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 may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.

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 an accidental discharge/slug discharge described in subsection A of this section. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of and trained in the emergency notification procedure.

D. SIUs are required to notify the Director immediately of any changes at its facility affecting the potential for a Slug Discharge.

(Ord. 2016, 3/24/2026)

All Users not required to obtain an individual wastewater discharge permit or general permit shall provide appropriate reports to the Director as the Director may require.

(Ord. 2016, 3/24/2026)

If sampling performed by a User indicates a violation, the User must notify the Director within 24 hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within 30 days after becoming aware of the violation. Resampling by the User is not required if the city performs sampling at the User's facility at least once a month, or if the city performs sampling at the User's facility between the time when the initial sampling was conducted and the time when the User or the city receives the results of this sampling, or if the city has performed the sampling and analysis in lieu of the User. If the city performed the sampling and analysis in lieu of the User, the city will perform the repeat sampling and analysis unless it notifies the User of the violation and requires the User to perform the repeat sampling and analysis.

(Ord. 2016, 3/24/2026)

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 the EPA determines that the 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 EPA.

(Ord. 2016, 3/24/2026)

Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period at the specified permit frequency or as required by the Director.

A. Except as indicated in subsections B and C of this section, the User must collect wastewater samples using 24-hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized. 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 EPA guidance, multiple grab samples collected during a 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 organics 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 EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show 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 90-day compliance reports required in Sections 13.08.530 and 13.08.580, a minimum of four 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 Director may authorize a lower minimum. For the reports required by § 13.08.540, the User is required to collect the number of grab samples necessary to assess and assure compliance by with applicable Pretreatment Standards and Requirements.

(Ord. 2016, 3/24/2026)

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 or other commonly recognized mail delivery service (e.g., UPS or Federal Express), the date of receipt of the report shall govern.

(Ord. 2016, 3/24/2026)

Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and documentation associated with Best Management Practices. 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 techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended 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.

(Ord. 2016, 3/24/2026)

A. Certification of Permit Applications, User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by Users submitting permit applications in accordance with § 13.08.590; Users submitting baseline monitoring reports under § 13.08.640; Users submitting reports on compliance with the Categorical Pretreatment Standard deadlines under § 13.08.660; Users submitting periodic compliance reports required by § 13.08.670; and Users submitting an initial request to forego sampling of a pollutant on the basis of § 13.08.670. The following certification statements must be signed by an Authorized Representative of the User:

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, 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 fine and imprisonment for knowing violations.

B. Annual Certification for Non-Significant CIUs. A facility determined to be a Non- Significant CIU by the Director pursuant to § 13.08.030, must annually submit the following certification statement signed in accordance with the signatory requirements in 13.08.590. This certification must accompany an 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 _____, I certify that, to the best of my knowledge and belief that during the period from __________, __________ to __________, __________ [months, days, year]:

C. Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on Section 13.08.600 must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream 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 __________ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of __________ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 13.08.670.

(Ord. 2016, 3/24/2026)

The Director shall have the right to enter the premises of any User to determine whether the User is complying with all requirements of this ordinance and any individual wastewater discharge permit or order issued hereunder. Users shall allow the Director 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 a User has security measures in force which require proper identification and clearance before entry into its premises, the User shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director shall be permitted to enter without delay for the purposes of performing specific responsibilities.

B. The Director shall have the right to set up on the User's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the User's operations.

C. The Director 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 at least quarterly unless stated in an industrial user permit, 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 Director and shall not be replaced. The costs of clearing such access shall be born by the User.

E. Unreasonable delays in allowing the Director access to the User's premises shall be a violation of this ordinance.

If the Director has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, 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 chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Director will work with the City Attorney who may seek issuance of an inspection warrant from the Solano County Superior Court.

(Ord. 2016, 3/24/2026)

A. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, general permits, and monitoring programs, and from the Director's inspection and sampling activities shall be available to the public without restriction unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law.

1. 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 immediately available upon request to governmental agencies for uses related to the NPDES program or the pretreatment programs; and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.

B. In the event that information deemed by User to be confidential is requested by any person or entity other than governmental agencies as set forth above, the Director shall notify User of the request. If User directs Director to withhold the confidential information, User shall defend, indemnify and hold city, Director and all city officials, officers, agents and employees ("Indemnified Parties"), harmless from any damages, demand, lawsuit, claim, action, or cause of action asserted or alleged against any or all of the Indemnified Parties.

(Ord. 2016, 3/24/2026)

A. The Director shall publish annually, in the Vacaville Reporter, or the then-current newspaper of general circulation in the city, a list of the Users which, at any time during the previous 12 months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements. The term Significant Noncompliance shall be applicable to all SIUs (or any other User that violates subsection (A)(3), (A)(4) or (A)(8) of this section) and shall mean:

1. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits as defined by § 13.08.450;

2. Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined by § 13.08.450 multiplied by the applicable criteria (1.4 for BOD, TSS, FOG, and 1.2 for all other pollutants except pH);

3. Any other violation of a Pretreatment Standard or Requirement as defined by § 13.08.450 (Daily Maximum, long term average, Instantaneous Limit, or narrative standard) that the Director 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;

4. Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Director's exercise of their emergency authority to halt or prevent such a discharge;

5. Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or a general permit or enforcement order for starting construction, completing construction, or attaining final compliance;

6. Failure to provide within 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;

7. Failure to accurately report noncompliance; or

8. Any other violation(s), which may include a violation of BMPs, a Contract or an Agreement between the User and the city, which the Director determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. 2016, 3/24/2026)