Visalia Municipal Code Art. 8 Regulation of Wastewater Discharges

No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements.

No person shall discharge to a public sewer wastes which, in the opinion of the director, cause, or are capable of causing either alone or by interaction with other substances:

A. A fire or explosive hazard;

B. Obstruction of flow in a sewer system or injury of the system or damage to the wastewater collection, treatment or disposal facilities;

C. Danger to life or safety of personnel;

D. A nuisance, or prevention of the effective maintenance or operation of the sewer system, through having a strong, unpleasant odor;

E. Air pollution by the release of toxic or malodorous gases or malodorous gas-producing substances;

F. No person or industrial user shall discharge to the city’s facilities any substance which has or contains:

1. An end-of-pipe discharge temperature in excess of one hundred fifty (150) degrees Fahrenheit (sixty-five and one-half (65.5) degrees C), or a temperature which will inhibit biological activity in the treatment plant, but in no case heat which will cause the influent at the headworks of the treatment plant to exceed one hundred four (104) degrees F (forty (40) degrees C);

2. More than two hundred (200) mg/l of total oil or grease;

3. Any gasoline, benzene, naphtha, fuel oil or other inflammable or explosive liquid, solid or gas;

4. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

5. Any garbage that has not been properly shredded;

6. Any ashes, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, wood, or any other solid, or viscous substance capable of causing obstructions to the flow in sewers or other interference with the proper operation of the sewage system;

7. Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive characteristic capable of causing damage or hazard to structures, equipment or personnel of the sewage system;

8. Any waters or wastes containing toxic or poisonous substances in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the sewage treatment plant;

9. Any noxious or malodorous gas or substance capable of creating a public nuisance;

10. No discharge to the sewer shall be permitted that when blended with the remaining city flow shall cause an excess of the following constituent levels in the discharge from the sewage treatment plant.

a. Chlorides: one hundred fifty (150) mg/l,

b. Dissolved solids: six hundred (600) mg/l,

c. Sodium ratio: seventy (70) percent,

d. pH, outside limits: 6.5-8.5 ph units;

11. Which exerts an excessive chemical oxygen demand or chlorine demand to such a degree that the total wastewater received at the sewage treatment plant exceeds treatable limits, as established by the city, for such wastewater;

12. Which shall produce discoloration of the sewage treatment plant effluent;

13. With a volume of flow or concentration of wastes constituting “slugs” as defined in Section 13.08.040;

14. Any substance which may cause the treatment plant's effluent or any other product of the treatment plant 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 city's facilities cause the plant 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 applicable to the sludge management method being used;

15. Any substance which may cause the treatment plant to violate its NPDES permit or the receiving water quality standards;

16. Pollutants which create a fire or explosive hazard in the city's wastewater collection and/or treatment systems, including, but not limited to, wastestreams with a closed-cup flashpoint of less than one hundred forty (140) degrees F (sixty (60) degrees C) using the test methods specified in 40 CFR Part 261.21.

G. A detrimental environmental impact or a nuisance in the waters of the state or a condition unacceptable to any public agency having regulatory jurisdiction over the city; discoloration or any other condition in the quality of the city's treatment works effluent in such a manner that receiving water quality requirements established by city's NPDES permit cannot be met;

H. Conditions at or near the city's treatment works which violates any statute or any rule, regulation, or ordinance of any public agency or state or federal regulatory body;

I. Quantities or rates of flow which overload the city's collection or treatment facilities or cause excessive city collection or treatment costs. (Ord. 2011-08 § 3, 2011: Ord. 2006-02 (part), 2006: Prior code § 4245)

Storm water, ground water, rain water, water well development water, monitoring well discharge, swimming pool filter backwash, street drainage, subsurface drainage, irrigation drainage, or yard drainage shall not be discharged through direct or indirect connections to a community sewer. The city shall require cessation of such discharge if found to be existing. (Ord. 2006-02 (part), 2006: Prior code § 4246)

Unpolluted water, including, but not limited to, cooling water, process water or blow-down from cooling towers or evaporative coolers, or surface drainage from streets, curb and gutter or parking lots, shall not be discharged through direct or indirect connection to a public sanitary sewer. All installations of air-conditioning systems require the issuance of a permit therefore by the city and the payment of customary building and/or plumbing permit fees to the city prior to commencement of installation. All evaporative coolers shall be furnished with a circulating pump or be drained to yard areas, seepage wells or leaching devices, or storm drains. All new installations of industrial, commercial or residential air conditioning units shall have cooling water discharge recirculated or shall be of such type as not to require cooling water discharge. In no case shall discharge be permitted to be connected to the sanitary sewer system; except, that condensation only from cooling towers may be discharged to the sanitary sewer system by permit only. In no case shall water from evaporative coolers or air conditioning units be allowed to discharge onto public streets, alleys or sidewalks or to in any manner create a public nuisance. (Ord. 2006-02 (part), 2006: Prior code § 4247)

No person shall discharge or cause to be discharged, any radioactive waste into a community sewer. (Ord. 2006-02 (part), 2006: Prior code § 4248)

A. Waste from garbage grinders shall not be discharged into a community sewer except:

1. Wastes generated in preparation of food normally consumed on the premises;

2. Where the user has obtained a permit for that specific use from the city, and agrees to undertake whatever self-monitoring is required to enable the city to equitably determine the user charges based on the waste constituents and characteristics.

B. Such grinders must shred the waste to a degree that all particles shall be carried freely under normal flow conditions prevailing in the community sewer, with no particles greater than one-half inch (1.27 centimeters) in any dimension. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, or garden refuse. The installation and operation of any garbage grinder equipped with a motor of one-half horsepower or greater shall be subject to the review and approval of the city. (Ord. 2006-02 (part), 2006: Prior code § 4249)

No person shall discharge any substances directly into a manhole or other opening in a community sewer other than through an approved side sewer, unless upon written application by the discharger and payment of the applicable charges and fees, the city issues a permit for such direct discharges. (Ord. 2006-02 (part), 2006: Prior code § 4250)

A discharger proposing to discharge holding tank waste and septic tank waste into the septage receiving station must secure a permit. No discharge shall be allowed to any location except the septage receiving station. If a permit is granted for discharge of such waste, the discharger shall pay the applicable user charges and fees and shall meet such other conditions as required by the city. (Ord. 2006-02 (part), 2006: Prior code § 4251)

A. No person or industrial discharger shall discharge wastewater containing in excess of the following instantaneous maximum allowable limitations:

B. No person or industrial user shall discharge wastes with an electrical conductivity in excess of the flow weighted average EC of the source water plus five hundred (500) umhos/cm or a total of one thousand (1,000) umhos/cm, whichever is lower, except as provided for below.

C. To promote and encourage water conservation efforts, the maximum allowable electrical conductivity may be adjusted as determined by the following formulas and definitions

1. Definitions

"EC regulatory" shall mean flow weighted average EC of the source water plus five hundred (500) umhos/cm or a total of one thousand (1,000) umhos/cm, whichever is lower. Flow weighted average EC for source water shall be based on the local public or private water supplier's annual water quality report.

"EC industry" shall mean derived flow weighted monthly average EC permit limit for an industrial user. The maximum EC industry value due to water conservation efforts is one thousand (1,000) umhos/cm.

"EC small industry" shall mean derived flow weighted monthly average EC permit limit for an industrial user discharging less than five thousand (5,000) gallons per day.

"Flow industry" shall mean measured or estimated wastewater flow volume for an industrial user.

"Flow conserved" shall mean documented and verified process wastewater flow volume reduction due to water conservation efforts.

"Flow small industry" shall mean measured or estimated wastewater flow volume for an industrial user that is less than five thousand (5,000) gallons per day.

2. Formulas.

EC Industry = [EC Regulatory x (Flow Industry + Flow Conserved)]

__ ___________________________

(Flow Industry)

For industries with measured or estimated wastewater flow that is less than five thousand (5,000) gallons per day, the following formula is utilized.

EC Small Industry = [EC Regulatory x (0.005 MGD + Flow Conserved)]

_ __________________________

(Flow Small Industry)

3. Those industries that have EC limits higher than those listed above resulting from a previous action are grandfathered with their existing limit. For grandfathered EC limits, no credit for water conservation measures may be taken to obtain a higher EC limit.

D. Notwithstanding the limitations that are set forth in subsection (A) of this section:

1. The city may impose more restrictive standards or requirements on discharges if it is deemed necessary to comply with the objectives of this ordinance, specific prohibitions or the terms of the city's NPDES permit;

2. The city may authorize discharges containing higher concentrations of specific pollutants on a site- specific basis, provided that the concentrations of such discharges shall not cause pass through or interference. Upon approval by the city, site-specific limitations shall be established through the terms specified in the discharger's industrial discharge permit. The city may impose mass limitations in addition to, or in place of, concentration based limitations. However, no special agreement shall be allowed to contravene federal, state or local pretreatment standards.

E. No person or industrial 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 city may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (Ord. 2011-08 § 4, 2011: Ord. 2006-02 (part), 2006: Prior code § 4252)

A. Infectious wastes which have been rendered noninfectious prior to grinding as specified in Title 22, California Code of Regulations, Section 66840(i) from hospitals, clinics, and mortuaries may be disposed of to the sanitary sewer system subject to the following limitations and requirements:

1. Pathologic specimens may not be disposed of to the sanitary sewer system;

2. The material shall be ground by an approved grinder having the capabilities of meeting or exceeding the following fineness: at least forty (40) percent shall pass a No. 8 sieve; at least sixty-five (65) percent shall pass a No. 3 sieve, and one hundred (100) percent shall pass a 3/8-inch screen opening;

3. Ground organic kitchen waste from hospital food preparation and disposal facilities excluding all paper and plastic items may be discharged into the sanitary sewer system;

4. Disposable hypodermic needles, syringes, and associated articles following their use in hospitals, out-patient clinics, medical and dental offices, etc., may not be discharged to the sanitary sewer system;

5. The materials must not violate any other requirements of these rules and regulations.

B. The following shall not be discharged to the sanitary sewer by any means:

1. Solid wastes generated in the rooms of patients who are isolated because of a suspected or diagnosed communicable disease;

2. Recognizable portions of the human anatomy;

3. Wastes excluded by other provisions of this title except as specifically permitted in this section.

C. All hospitals within the limits of the city desiring to dispose of a ground "infectious waste" by discharge into facilities of the city shall first have a valid nonsignificant discharge permit. All applicants for such permits shall fill out completely the application form, pay the appropriate fee, receive a copy of the city regulations governing discharge of ground hospital wastes, and shall agree in writing to abide by the regulations. The nonsignificant discharge permit shall be valid for a period not to exceed four years from date of issuance.

D. Nothing in this section shall be construed to limit the authority of the health officer of Tulare County to define wastes as being infectious. (Ord. 2006-02 (part), 2006: Prior code § 4253)

Grease, oil and sand traps shall be provided when, in the opinion of the City, they are necessary for the protection of the sewerage system from liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such traps shall not be required for buildings used solely for residential purposes. Such traps shall be required, for example, on discharges from all service stations, automotive repair garages, car washes, restaurants, eating establishments and food preparation establishments, and such other commercial or industrial establishments as the city may designate. (Ord. 2006-02 (part), 2006: Prior code § 4254)

All traps shall be of a type and capacity approved by the city, and shall be so located as to be readily and easily accessible for cleaning and inspection. Restaurant traps shall be gas-tight, of a type approved for restaurant use by the division of building safety. Traps for all other facilities, including service stations and garages, shall be in accordance with the adopted plan of the city for such traps or shall be the approved equal thereof as determined by the director. (Ord. 2006-02 (part), 2006: Prior code § 4255)

When installed, all grease, oil and sand traps shall be maintained by the owner, at owner's expense, in continuously efficient operation at all times. (Ord. 2006-02 (part), 2006: Prior code § 4256)

The admission into the public sewers of any waters or wastes having (a) a five-day biochemical oxygen demand greater than three hundred fifty (350) milligrams per liter; (b) containing more than three hundred fifty (350) milligrams per liter of suspended solids; (c) having the characteristics described in Section 13.08.550 (C) or constituent levels in excess of those enumerated in Section 13.08.550 (A); or (d) having an average daily flow greater than .05 MGD, or one percent of the average daily sewage flow of the city, shall be subject to the review and approval of the city. When necessary in the opinion of the city the discharger shall provide, at his/her expense, such pretreatment as may be necessary to: (a) reduce the BOD discharge to three hundred fifty (350) mg/l and suspended solids to three hundred fifty (350) mg/l; (b) reduce objectionable characteristics or constituents to within the maximum limits provided in Section 13.08.550; or (c) control the quantities and rates of discharge of such water or wastes. Plans, specifications, and any other pertinent information relating to proposed pretreatment facilities shall be submitted for the approval of the city and no construction of such facilities shall be commenced until said approval is obtained in writing. Material which shall readily settle, such as sand, glass, metal filings and diatamaceous earth, for example, or floatable material which is readily removable shall be removed from wastewater prior to discharge to the public sanitary sewer system. The review and approval of such plans and/or proposed operation procedures shall in no way relieve the discharger from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city and in accordance with federal and state standards, under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported in writing to and be approved by the city. (Ord. 2006-02 (part), 2006: Prior code § 4257)

When preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at owner's expense. (Ord. 2006-02 (part), 2006: Prior code § 4258)

The city may require the discharger to construct, at discharger's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems and may also require sampling or metering equipment to be provided, installed, and operated at the dischargers expense. The monitoring facility shall be situated on the discharger's premises. If the monitoring facility is inside the discharger's fence, there shall be accommodations to allow access for city personnel, such as a gate secured with a city lock. There shall be ample room in or near such sampling manhole to allow accurate sampling and compositing of samples for analysis. The manhole, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger, regardless of whether located on private or public property. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with city requirements, construction standards and specifications. (Ord. 2006-02 (part), 2006: Prior code § 4259)

The city shall inspect the facilities of any discharger to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The city, state and EPA shall have the right to set up on the discharger's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a discharger has security measures in force which would require proper identification and clearance before entry into their premises, the discharger shall make necessary arrangements so that upon presentation of suitable identification, personnel from the city, state and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (Ord. 2006-02 (part), 2006: Prior code § 4260)

If sampling performed by an industrial user indicates a violation, the industrial user must notify the city within twenty-four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of such analysis to the city within thirty (30) days after becoming aware of the violation. The industrial user is not required to resample if the city performs monitoring at the facility at least once each month for the parameter in violation. (Ord. 2006-02 (part), 2006: Prior code § 4261)

A. Any industrial user who commences the discharge of hazardous waste shall notify the city, the EPA Regional Waste Management Division Director and the state hazardous waste authorities in writing of any discharge into the city's wastewater collection and treatment system of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user discharges more than ten kilograms of such waste per calendar month, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of the constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than ten days after the discharge commences. Notifications of changed discharges must be submitted in accordance with the provisions of this chapter. This notification requirement does not apply to pollutants reported under the requirements of discharge permits issued by the city.

B. In case of any new regulations under Section 3001 of the Resource Conservation and Recovery Act (RCRA) identifying additional characteristics of hazardous waste or listing any additional substances as a hazardous waste, the industrial discharger shall notify the city, the EPA Regional Waste Management Division Director and the state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

C. In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. (Ord. 2006-02 (part), 2006: Prior code § 4262)

A. No person shall discharge or cause to be discharged, any mercury or amalgam waste into the sewer system.

B. All dental practices discharging to the sewer system shall comply with the most recent Best Management Practices for Dental Amalgam Waste as published by the American Dental Association. (Ord. 2011-08 § 5, 2011)

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial discharger whereby an industrial waste of unusual strength or character may be proposed by the city for treatment, subject to payment therefore by the industrial discharger and subject to such terms and conditions as might be required by the city. However, no special agreement shall be allowed to contravene federal, state or local pretreatment standards. (Ord. 2006-02 (part), 2006: Prior code § 4263)

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any other public corporation or entity, whereby the city undertakes to provide for the construction, acceptance, maintenance or operation of facilities for the collection, pumping or other means of transmission of sewage from the public agencies, pursuant to any appropriate legal authorization. However, no special agreement shall be allowed to contravene federal, state or local pretreatment standards. (Ord. 2006-02 (part), 2006: Prior code § 4264)

Users in industrial categories subject to the categorical pretreatment standards development by the EPA under the Act are required to comply with pretreatment standards promulgated pursuant to Section 307. The city may issue standards more stringent than the federal standards if the director determines that the limitations in the federal standards are not sufficient to: (1) protect the operation of the city's treatment facilities, or (2) comply with water quality standards or effluent limitations specified in the city's national pollutant discharge elimination system (NPDES) permit. (Ord. 2006-02 (part), 2006: Ord. 2000-18 §§ 1 (part), 2 (part), 2000: prior code § 4265)

Source control of industrial discharges shall be accomplished by use of a permit and monitoring system as described herein. Discharge of industrial waste from any person within the city onto land or to any natural outlet may be permitted only if the discharge complies with all requirements of the regional water quality control board and of all other local, state and federal laws and regulations. (Ord. 2006-02 (part), 2006: Prior code § 4266)

Nothing contained in this section shall be construed to limit any additional requirements that may be imposed by the county health officer, by the regional water quality control board, fish and game, or by other governmental agencies having jurisdiction thereof. (Ord. 2006-02 (part), 2006: Prior code § 4267)