Ventura Municipal Code Art. 3 Nondomestic Wastewater Discharge Permits and General Permits

A. Septic tank waste may be introduced into the POTW only at locations designated by the public works director, and at such times as are established by the public works director. Such waste shall not violate Sections 22.240.210 through 22.240.240 or any other requirements established by the city. The public works director may require septic tank waste haulers to obtain nondomestic wastewater discharge permits or general permits.

B. Industrial waste haulers may discharge loads only at locations designated by the public works director. No load may be discharged without prior consent of the public works director. The public works director may collect samples of each hauled load to ensure compliance with applicable standards. The public works director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

C. Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial 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 whether any wastes are RCRA hazardous wastes.

D. Wastewater from recreational vehicles and boats shall only be discharged at dump sites designated for such use. The city reserves the right to inspect records of individual wastewater dumps from the authorized operators of each designated dump site. Detailed plans describing such facilities and operating procedures shall be submitted to the public works director for review, and shall be acceptable to the public works director before such facilities are constructed. (Ord. No. 2010-002, § 2, 2-1-10)

When requested by the public works director, a user must submit information on the nature and characteristics of its wastewater within 60 days of the request. The public works director is authorized to prepare a form for this purpose and may periodically require users to update this information. (Ord. No. 2010-002, § 2, 2-1-10)

A. No person shall discharge or cause to be discharged any nondomestic wastewater directly or indirectly to POTW facilities owned by the city without first obtaining a nondomestic wastewater discharge permit or general permit for nondomestic wastewater discharge or waiver from the director of public works of the permit requirement.

B. No significant industrial user shall discharge wastewater into the POTW without first obtaining a nondomestic wastewater discharge permit or a general permit from the public works director, except that a significant industrial user that has filed a timely application pursuant to Section 22.240.325 may continue to discharge for the time period specified therein.

C. Any violation of the terms and conditions of a nondomestic 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 Articles 6 and 8 of this chapter. Obtaining a nondomestic 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. No. 2010-002, § 2, 2-1-10)

Any user required to obtain a nondomestic wastewater discharge permit or a general permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the public works director for a nondomestic wastewater discharge permit or a general permit in accordance with Section 22.240.325, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of this chapter except in accordance with a nondomestic wastewater discharge permit or a general permit issued by the public works director. (Ord. No. 2010-002, § 2, 2-1-10)

Any user required to obtain a nondomestic wastewater discharge permit or a general permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this nondomestic wastewater discharge permit or general permit, in accordance with Section 22.240.325, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence. (Ord. No. 2010-002, § 2, 2-1-10)

A. Applicants for a permit for nondomestic wastewater discharge or a general permit shall complete an application form available at the office of the utilities wastewater division of the public works department. Applicants must submit the completed permit application together with the specified fees to the environmental and water resources division. Applicants may request the guidance document, “Nondomestic Wastewater Discharge Permit Application Guidelines” for completing the application.

Users that are eligible may request a general permit under Section 22.240.330.

B. The public works director may require users to submit all or some of the following information as part of a permit application:

1. Identifying Information.

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

b. Contact information, description of activities, facilities, and plant production processes on the premises.

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

3. Description of Operations.

a. 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;

b. 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;

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

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

e. 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.

4. Time and Duration. Time and duration of discharges.

5. Location. The location for monitoring all wastes covered by the permit.

6. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

7. Measurement of Pollutants.

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

b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the public works director, of regulated pollutants in the discharge from each regulated process.

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

d. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 22.240.450. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the public works director or the applicable standards to determine compliance with the standard.

e. Sampling must be performed in accordance with procedures set out in Section 22.240.460.

8. Monitoring Waiver. Any requests for a monitoring waiver or a renewal of an approved monitoring waiver for a pollutant neither present nor expected to be present in the discharge based on Section 22.240.420(B) (40 CFR 403.12(e)(2)).

9. General Permit Coverage. Any request to be covered by a general permit based on Section 22.240.330.

10. Other Information. Any other information as may be deemed necessary by the public works director to evaluate the permit application.

C. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (Ord. No. 2010-002, § 2, 2-1-10)

A. At the discretion of the public works director, the public works director may use general permits to control SIU discharges to the POTW if the following conditions are met. 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 Ventura Water general manager, are more appropriately controlled under a general permit rather than under nondomestic 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 Section 22.240.420(B) 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 public works director has provided written notice to the SIU that such a waiver request has been granted in accordance with Section 22.240.420(B).

C. The public works director will retain a copy of the general permit, documentation to support the POTW’s determination that a specific SIU meets the criteria in subsections (A)(1) through (A)(5) of this section and applicable state regulations, and a copy of the user’s written request for coverage for three years after the expiration of the general permit.

D. The public works 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 wastestream formula or net/gross calculations. (Ord. No. 2010-002, § 2, 2-1-10)

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 22.240.490(A).

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 public works director prior to or together with any reports to be signed by an authorized representative.

C. A facility determined to be a nonsignificant categorical industrial user by the public works director pursuant to Section 22.240.160 must annually submit the signed certification statement in Section 22.240.490(B). (Ord. No. 2010-002, § 2, 2-1-10)

A. Upon receipt of the properly completed application and any supplemental information required to properly evaluate the application for discharge, the application shall be processed and if approved, a nondomestic wastewater discharge permit or general permit shall be issued by the public works director. An applicant who has filed an incomplete or inaccurate application will be notified by the public works director that the application is deficient and the nature of such deficiency and will be given 30 business days to correct the deficiency.

B. Permits not issued within one year of the date the original application was received, due to failure on the part of the applicant to provide all necessary information, certifications, authorizations and/or fees, shall be deemed denied. Upon denial of the permit application pursuant to this section, applicants may submit a new application, including all applicable filing fees. (Ord. No. 2010-002, § 2, 2-1-10)

A nondomestic 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. A nondomestic wastewater discharge permit or a general permit may be issued for a period less than five years, at the discretion of the public works director. Each nondomestic wastewater discharge permit or a general permit will indicate a specific date upon which it will expire. (Ord. No. 2010-002, § 2, 2-1-10)

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

A. Nondomestic wastewater discharge permits and general permits shall contain:

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

2. A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with Section 22.240.365, 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 best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law.

5. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 22.240.420(B).

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 public works director to be necessary.

8. Any grant of the monitoring waiver by the public works director (Section 22.240.420(B)) must be included as a condition in the user’s permit or other control mechanism.

B. The permit for nondomestic wastewater discharge or general permit may require pretreatment of nondomestic wastewaters before discharge, may restrict peak flow discharges, may require discharge of certain wastewaters only to specific sections of the POTW, may require relocation of the point of discharge, may prohibit or limit the discharge of certain wastewater components, may restrict discharge to certain hours of the day, may impose additional charges above standard sewerage service charges to defray increased costs to the city created by the wastewater discharge and may impose such other conditions and limitations as may be required to effectuate the purposes of this chapter. In addition to the required conditions listed above, nondomestic wastewater discharge permits or general permits may contain, but need not be limited to, the following additional conditions:

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

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

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 nonroutine discharges;

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

5. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

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

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

8. Other conditions as deemed appropriate by the public works director to ensure compliance with this chapter, and state and federal laws, rules, and regulations. (Ord. No. 2010-002, § 2, 2-1-10)

Issuance of a nondomestic wastewater discharge permit or a general permit shall not relieve the discharger from complying with all applicable laws, regulations, and ordinances promulgated by other government authority, nor shall the issuance of a nondomestic wastewater discharge permit or a general permit be construed as a representation by the city that the discharge permitted therein complies with all of such laws, regulations and ordinances. Nondomestic wastewater discharge permits or general permits are issued solely to govern the discharge of wastewater into the POTW and the applicable receiving waters, as between the discharger and the city, and shall not be construed to benefit any third party. (Ord. No. 2010-002, § 2, 2-1-10)

A. The public works director may modify a nondomestic 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 nondomestic wastewater discharge permit issuance;

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

4. Information indicating that the permitted discharge poses a threat to the city’s POTW, city personnel, or the receiving waters;

5. Violation of any terms or conditions of the nondomestic 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 nondomestic 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 Section 22.240.365.

B. The public works director may modify a general 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. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

3. To correct typographical or other errors in the nondomestic wastewater discharge permit; or

4. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 22.240.365. (Ord. No. 2010-002, § 2, 2-1-10)

Nondomestic wastewater discharge permits or coverage under general permits shall be voidable upon cessation of operations or transfer of business ownership unless the following conditions are met:

Nondomestic wastewater discharge permits or coverage under general permits may be transferred to a new owner or operator only if the permittee gives at least 60 days advance notice to the public works director and the public works director approves the nondomestic wastewater discharge permit or the general permit coverage transfer. The notice to the public works director must include a written certification by the new owner or operator which:

A. States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;

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

C. Acknowledges full responsibility for complying with the existing nondomestic wastewater discharge permit or general permit.

Failure to provide advance notice of a transfer renders the nondomestic wastewater discharge permit or coverage under the general permit void as of the date of facility transfer. (Ord. No. 2010-002, § 2, 2-1-10)

Permit revocation may be initiated for good cause, including, but not limited to, the following reasons:

A. Failure to notify the public works director of significant changes to the wastewater prior to the changed discharge;

B. Failure to provide prior notification to the public works director of changed conditions pursuant to Section 22.240.425;

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

D. Falsifying self-monitoring reports and certification statements;

E. Tampering with monitoring equipment;

F. Refusing to allow the public works director timely access to the facility premises and records;

G. Failure to meet effluent limitations;

H. Failure to pay fines;

I. Failure to pay sewer charges;

J. Failure to meet compliance schedules;

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

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

M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or the general permit or this chapter.

No revocation shall be ordered until a hearing on the question has been held by the public works director. At this hearing the public works director shall review the discharge violations, and the discharger may appear personally or through counsel, and may cross-examine witnesses and present evidence in their own behalf. Notice of the hearing shall be given at least 15 days prior to the date of hearing.

Any discharger whose permit for nondomestic wastewater discharge has been revoked shall immediately cease the direct or indirect discharge of any wastes covered by the permit to the POTW.

The public works director may disconnect or permanently block from the POTW the connection of any discharger whose permit has been revoked if such action is necessary to ensure compliance with revocation enforcement. The costs of such physical disconnection, if required, shall be paid by the discharger. No further discharge of wastewater shall occur unless the discharger applies for and obtains a new permit for nondomestic wastewater discharge. (Ord. No. 2010-002, § 2, 2-1-10)

A user with an expiring nondomestic wastewater discharge permit or general permit shall apply for nondomestic wastewater discharge permit or general permit reissuance by submitting a complete permit application, in accordance with Section 22.240.325, a minimum of 90 days prior to the expiration of the user’s existing nondomestic wastewater discharge permit or general permit.

All existing nondomestic wastewater discharge permits or general permits issued to a user are void upon the issuance of a new nondomestic wastewater discharge permit or a general permit to that user. (Ord. No. 2010-002, § 2, 2-1-10)

A. If another municipality, special district, government entity, or other jurisdictional authority connects to or contributes wastewater to the POTW, the public works director shall enter into an interagency agreement with that entity.

B. Prior to entering into an agreement required by subsection A of this section, the public works director shall request the following information from the contributing municipality:

1. A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

2. An inventory of all users located within the contributing municipality that are discharging to the POTW; and

3. Such other information as the public works director may deem necessary.

C. An interagency agreement, as required by subsection A of this section, shall contain the following conditions:

1. A requirement for the contributing entity to adopt a sewer use ordinance or other regulatory requirement which is at least as stringent as the parts of this chapter which pertain to the implementation, management and enforcement of the industrial pretreatment program and local limits. The requirement shall specify that such ordinance or regulatory requirement be revised as necessary to reflect changes to the city’s ordinance and/or local limits;

2. A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

3. A provision specifying which pretreatment implementation activities, including nondomestic wastewater discharge permit or general permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the public works director; and which of these activities will be conducted jointly by the contributing municipality and the public works director;

4. A requirement for the contributing municipality to provide the public works director with access to all information that the contributing municipality obtains as part of its pretreatment activities;

5. Limits on the nature, quality, and volume of the contributing municipality’s wastewater at the point where it discharges to the POTW;

6. Requirements for monitoring the contributing municipality’s discharge;

7. A provision ensuring the public works director access to the facilities of users located within the contributing municipality’s jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the public works director; and

8. A provision specifying remedies available for breach of the terms of the intermunicipal agreement. (Ord. No. 2010-002, § 2, 2-1-10)