Article 4 — Wastewater Discharge Permits

• A. It is unlawful for any person to discharge, dump, spill or release any wastewater to any natural outlet or watercourse within the City.

• B. It is unlawful for any CIU or SIU to discharge any wastewater to the WPCF without first having obtained an industrial wastewater discharge permit issued by the Director.

• C. It is unlawful for any user required to obtain a pollution prevention permit to discharge any wastewater to the WPCF without first having obtained a pollution prevention permit issued by the Director.

• (Prior code § 19-4-1)

• A. Wastewater discharge permits issued by the City shall be of two types:

  1. Industrial wastewater discharge permits issued to CIUs and SIUs as required by this chapter or the Director.

  2. Pollution prevention permits issued to other users as required by this chapter or the Director.

• B. Any new SIU or CIU proposing to discharge to, connect to, or to contribute to the WPCF shall obtain an industrial wastewater discharge permit before discharging to, connecting to, or contributing to the WPCF. New CIUs and SIUs, and other new users required by the Public Works Director to obtain a permit, shall apply for the permit at least 90 days prior to discharging to, connecting to, or contributing to the WPCF.

• C. All existing SIUs or CIUs discharging, connected to, or contributing to the WPCF shall obtain an industrial wastewater discharge permit within 180 days after the effective date of the ordinance codified in this chapter.

• D. The Director may require any user which is not a CIU or SIU to obtain a pollution prevention permit as necessary to carry out the purposes of this chapter. The primary criteria for the requirement of a pollution prevention permit shall be:

  1. Dischargers (whether or not industrial) or industries which have the potential to be regulated under the IPP in the future;

  2. Dischargers (whether or not industrial) or industries which discharge a pollutant of concern; or

3. Dischargers (whether or not industrial) or industries which discharge a substance regulated or proposed to be regulated pursuant to a narrative, numeric, or toxicitybased water quality objective of the CTR, the NTR or of a water quality plan adopted or proposed to be adopted by the SWRCB pursuant to Water Code Section 13170.

(Prior code § 19-4-2)

All wastewater discharge permit applications and user reports required by this chapter must be signed by an authorized representative of the user and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly 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 fines and imprisonment for knowing violations." (Prior code § 19-4-3)

• A. Users required to obtain a wastewater discharge permit shall complete and file with the Director an application in the form prescribed by the Director, accompanied by any required fees.

• B. Permit applicants must submit the following information on their wastewater discharge permit application form. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

  1. Name, address, and location of discharge (if different from the address), an emergency contact telephone number and the name of the person to contact in the event of an emergency;

  2. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

  3. Number and type of employees, and proposed or actual hours of operation (i.e., the hours when the premises are physically occupied);

  4. Wastewater constituents and characteristics including, but not limited to, those mentioned in Article 2 of this chapter, as determined by a reliable analytical laboratory. 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;

  5. Time and duration of discharges;

  6. Average daily and three-minute peak wastewater flow rates, including daily, monthly, and seasonal variation, if any;

  7. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connection, and appurtenances by the size, location and elevation, and all points of discharge;

  8. Description of activities, facilities and plant processes on the premises including all raw materials and chemicals used or stored at the facility which are, or could, accidentally or intentionally be discharged to the WPCF;

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

10. If additional pretreatment and/or O&M will be required to meet the pretreatment standards or pretreatment requirements, a description of such additional pretreatment and/or O&M and the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall be no later than the compliance date established for the applicable pretreatment standard or pretreatment requirement.

The following conditions shall apply to this schedule:

• a. 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 or pretreatment requirements (e.g., hiring of an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

  • b. No increment referred to in paragraph (a) shall exceed nine months.

  • c. 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 the 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;

  11. Each product produced by type, amount, process or processes and rate of production;

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

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

• C. The Director shall evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a completed application and after evaluation and acceptance of the data finished, the Director may issue the wastewater discharge permit subject to appropriate conditions or may deny the permit application.

• (Prior code § 19-4-4)

Industrial wastewater discharge permits shall be expressly subject to all provisions of this chapter, use charges and fees established by the City, and all other applicable statutes and regulations. Industrial wastewater discharge permits shall contain the following:

• A. Permit duration (not to exceed five years) and the date of expiration;

• B. Statement of nontransferability;

• C. Statement that the unit charge or schedule of user charges and fees for the wastewater to be discharged to the WPCF may be amended by the City Council;

• D. Effluent limits based on applicable pretreatment standards or pretreatment requirements;

• E. Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State and local law and whether such monitoring is to be performed by the user;

• F. A statement that civil and criminal penalties apply to any violation of pretreatment standards and pretreatment requirements, or any applicable compliance schedule;

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

• H. Requirements for installation, and maintenance of pretreatment technology, pollution control or containment devices, and inspection and sampling facilities;

• I. Requirements for submission of technical reports or discharge reports;

• J. A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable pretreatment standards and pretreatment requirements, including those which become effective during the term of the permit;

• K. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, and affording City access thereto;

• L. Requirements for notification to the City of any new wastewater constituents discharged to the WPCF;

• M. Requirements for the development and implementation of spill and slug control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

• N. The conditions attached to the permit may include such ordinary and special restrictions as may be necessary or desirable to protect the WPCF from interference, physical damage, overload or disruption of treatment processes, and may (without limitation by reason of enumeration) include limitations with respect to the volume, rate of discharge, BOD, suspended solids content, grease and oil concentration or any other physical or chemical characteristics of the proposed discharge.

• O. Other conditions as deemed appropriate by the City to ensure compliance with this chapter, and State and Federal laws and regulations. In the discretion of the City, such conditions may address the CTR, the NTR or a water quality plan adopted or proposed to be adopted by the SWRCB pursuant to Water Code Section 13170.

• (Prior code § 19-4-5)

Pollution prevention permits shall be expressly subject to all provisions of this chapter, use charges and fees adopted by the City, and all other application statutes and regulations. Pollution prevention permits shall contain the following:

• A. Permit duration (not to exceed five years) and the date of expiration;

• B. Statement of non-transferability;

• C. Self-monitoring, sampling reporting, notification, and recordkeeping requirements. If monitoring is deemed necessary by the City, these requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, sample type, and whether such monitoring is to be performed by the user;

• D. Requirements for implementation of best management practices, and inspection and sampling facilities;

• E. Requirements for maintaining and retaining records relating to wastewater discharge as specified by the City, and affording City access thereto;

• F. Requirements for notification to the City of any new wastewater constituents discharged to the WPCF;

• G. The conditions attached to the pollution prevention permit may include such ordinary and special restrictions as may be necessary or desirable to protect the WPCF from interference, physical damage, overload or disruption of treatment processes, and may (without limitation by reason of enumeration) include limitations with respect to the volume, rate of discharge, BOD, suspended solids content; grease and oil concentration or any other physical or chemical characteristics of the proposed discharge, including, but not limited to, indemnity and hold harmless provisions to extent permitted by law;

• H. A description of the mechanism for reclassifying discharger in the PPP to a discharger in the IPP; and

• I. Other conditions as deemed appropriate by the City to ensure compliance with this chapter, and State and Federal laws and regulations. In the discretion of the City, such conditions may address the CTR, the NTR, or a water quality plan adopted or proposed to be adopted by the SWRCB pursuant to Water Code Section 13170.

• (Prior code § 19-4-6)

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

• A. To incorporate any new or revised Federal, State or local pretreatment standards or pretreatment requirements, or to incorporate any revisions to the CTR, the NTR or any water quality plan adopted or proposed to be adopted by the SWRCB pursuant to Water Code Section 13170;

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

• C. A change in the WPCF that requires either a temporary or permanent reduction or elimination of the authorized discharge;

• D. Information indicating that the permitted discharge poses a threat to the WPCF, City personnel, or the receiving waters;

• E. Violation of any terms or conditions of the wastewater discharge permit;

• F. Intentional or unintentional misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

• G. Revision of or a grant of variance from pretreatment standards pursuant to 40 CFR 403.13; or

• H. To correct typographical or other errors in the wastewater discharge permit. (Prior code § 19-4-7)

Within three months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of CIUs subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. In addition, the CIU shall submit to the Director within 180 days after the promulgation of an applicable pretreatment standard the information required by Section 8.04.280(B)(9) and (10). Where a user subject to a new pretreatment standard has not previously submitted an application for a wastewater discharge permit, the compliance schedule shall be 180 days after the promulgation of the applicable pretreatment standard. (Prior code § 19-4-8)

• A. The Director shall provide notice to the user of all permit decisions, including the denial, issuance or modification of a wastewater discharge permit. The user may petition the Director to reconsider a decision regarding a wastewater discharge permit, including the conditions imposed or, in the case of users other than CIUs and SIUs, the decision to require a wastewater discharge permit, within 15 calendar days of such notice.

In its petition, the user requesting review must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

• B. The Director shall issue a written decision within 30 days of the petition. A user aggrieved by the decision of the Director upon the petition for reconsideration may appeal to the City Council in writing within 15 calendar days after notice of the action taken by the Director on the petition for reconsideration. The decision of the City Council shall be final.

• C. The effectiveness of the wastewater discharge permit requirements shall not be stayed pending the outcome of the petition for reconsideration or appeal.

• (Prior code § 19-4-9)

• A. Notwithstanding the provisions of Section 8.04.370, the Director may immediately suspend a user's discharge, after informal notice to the user, whenever such emergency suspension is necessary to stop an actual or threatened discharge which in the Director's opinion appears to present or cause an imminent or substantial danger to the health or welfare of persons or threatens to substantially interfere with the operation of the WPCF, or which presents, or may present, a danger to the environment. Such informal notice shall, where time permits, be in the form of notice of violations cease and desist order. Where, in the Director's opinion, the danger posed by the discharge is such that it is infeasible, impractical or dangerous to take the time necessary to issue a cease and desist order, the informal notice to the user may be in the form of a telephone call to the user or to the emergency contact listed in the user's wastewater discharge permit.

• B. Any user notified of an emergency suspension of its discharge shall immediately stop or eliminate its discharge to the WPCF. In the event of a user's failure to immediately comply voluntarily with the suspension order or inability of the Director to contact the user, the Director may take such steps as the Director deems necessary to prevent or minimize damage to the WPCF, the receiving waters or danger to any individuals, including immediate severance of the sewer connection or discontinuing water service. The Director may allow the user to recommence its discharge only after the user has demonstrated to the satisfaction of the Director that the period of emergency has passed, unless proceedings are initiated by the Director to permanently terminate the user's discharge pursuant to Section 8.04.370.

A user that is responsible, in whole or in part, for any discharge requiring an emergency suspension shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any further occurrence, to the Director prior to the date of any show cause or termination hearing. Such user shall reimburse the City for all costs which the City may incur as a result of such discharge or the imposition of an emergency suspension.

• C. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension.

(Prior code § 19-4-10)

A user shall apply for wastewater discharge permit renewal a minimum of 60 days prior to the expiration of the user's existing permit. The application for renewal shall comply with the requirements of Section 8.04.280 and such other requirements as may be imposed by the Director. Any changes or new conditions in the renewed permit imposed by the Director shall include a reasonable time schedule for compliance.

(Prior code § 19-4-11)

Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation. Wastewater discharge permits shall be void upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

(Prior code § 19-4-12)

• A. The Director may revoke or suspend a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

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

  2. Intentional misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

  3. Falsifying self-monitoring or other reports;

  4. Tampering with monitoring equipment;

  5. Refusing to allow the City timely access to the facility premises and records or refusing to allow the City to sample wastewater or discharges;

  6. Failure to meet effluent limitations;

  7. Failure to pay fines;

  8. Failure to pay sewer charges or fees;

  9. Failure to meet compliance schedules;

  10. Failure to complete a wastewater discharge permit application;

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

  12. Failure to provide prior notification to the Director of changed conditions pursuant to Section 8.04.430.

• B. The Director shall provide 15 days prior written notice of revocation or suspension, including the reasons for such revocation or suspension. The permit holder may, within such 15 days, appeal the revocation or suspension in writing to the City Council whose decision shall be final. The wastewater discharge permit shall remain in effect during the tendency of such a timely appeal.

• C. If the wastewater discharge permit is revoked or suspended, the Director may sever all pertinent connections to the WPCF. If the wastewater discharge permit is suspended or revoked, neither it nor service shall be reinstated until the user submits proof, satisfactory to the Director, of compliance with this chapter, and reimburses the City for all costs incurred in suspending or revoking the permit.

• (Prior code § 19-4-13)