Yuba City Municipal Code Art. 4 Industrial Wastewaters

"Industrial user" (IU) shall mean any user of publicly owned treatment works identified in the 2007 North American Industrial Classification System (NAICS) or latest edition of that manual (U.S. Census Bureau). Industrial users include, but are not limited to, businesses listed in the following sections of the NAICS:

(a) Agriculture, Forestry, and Fishing and Hunting (Sector 11);

(b) Mining (Sector 21);

(c) Utilities (Sector 22);

(d) Construction (Sector 23);

(e) Manufacturing (Sector 31-33);

(f) Transportation and Warehousing (Sector 48-49); and

(g) Professional, Scientific, and Technical Services (54).

A user in the divisions listed may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveyances.

"Industrial user" shall also mean any discharging "non-domestic source of pollutants into the POTW regulated under Section 307(b), (c) or (d) of the Clean Water Act" or any other indirect discharger regulated under alternative water quality standards.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

No person shall discharge, or cause to be discharged, any industrial wastewaters directly or indirectly to sewerage facilities owned by the City without first obtaining a City permit for industrial wastewater discharge.

The permit for industrial wastewater discharge may require the pretreatment of industrial wastewaters before discharge, the restriction of peak-flow discharges, the discharge of certain wastewaters only to specified sewers of the City, the relocation of the point of discharge, the prohibition of the discharge of certain wastewater components, the restriction of discharge to certain hours of the day, the payment of additional charges to defray the increased costs of the City created by the wastewater discharge, and such other conditions as may be required to effectuate the purposes of this chapter.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Public Works Director and/or designee, except that a significant industrial user that has filed a timely application pursuant to Section 6-5.402.D of this chapter may continue to discharge for the time period specified therein.

(b) The Public Works Director and/or designee may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.

(c) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Articles 6 and 7 of this chapter. Obtaining a wastewater discharge 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. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

Any user required to obtain a wastewater discharge 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 the date, apply to the Public Works Director and/or designee for a wastewater discharge permit in accordance with Section 6-5.402.E of this chapter, 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 wastewater discharge permit issued by the Public Works Director and/or designee.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

Any user required to obtain a wastewater discharge permit that 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 wastewater discharge permit, in accordance with Section 6-5.402.E of this chapter, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

All users required to obtain a wastewater discharge permit must submit a permit application. The Public Works Director and/or designee may require all users to submit as part of an application the following information:

(a) All information required by Section 6-5.801.B of this chapter;

(b) Description of activities, facilities, and plant processes on the premises, including 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) Each product produced by type, amount, process or processes, and rate of production;

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

(f) Site plans, floor plans, mechanical plans, and plumbing plans. Details to show all sewers, floor drains, and appurtenances by size, location, and elevation. All points of discharge and the location of all chemical and/or hazardous materials storage areas;

(g) Time and duration of discharges;

(h) Any other information as may be deemed necessary by the Public Works Director to evaluate the wastewater discharge permit application;

(i) The location for monitoring all wastes covered by the permit; and

(j) An application fee which shall be filed with the completed application. The application fee is listed within the City fee schedule document, as updated each fiscal year.

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

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

All wastewater discharge permit applications, user reports, and certification statements must be signed by an authorized representative of the user as defined in Section 6-5.106, 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 fine and imprisonment for knowing violations."

(a) 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 and/or designee prior to or together with any reports to be signed by an authorized representative.

(b) Annual certification for non-significant categorical industrial users. A facility that has been determined to be a non-significant categorical industrial user by the Public Works Director pursuant to Section 6-5.106 must annually submit the following certification statement signed in accordance with the signatory requirements in Section 6-5.106. This certification must accompany an alternative report required by the Public Works 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]:

(a) The facility described as _______ [facility name] met the definition of a non-significant categorical industrial user as described in 6-5.106;

(b) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and

(c) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based on the following information:

___________

___________"

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

The Public Works Director and/or designee will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete wastewater discharge permit application, the Public Works Director and/or designee will determine whether or not to issue a wastewater discharge permit. The Public Works Director may deny any application for a wastewater discharge permit.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, monitoring programs, and the Public Works Director and/or designee'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 Public Works 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. Any such request must be asserted at the time of submission of the information or data. 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 available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

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

A discharge permit fee shall be billed annually. The permit fee is listed within the City fee schedule document, as updated each fiscal year.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Public Works Director and/or designee 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) Wastewater discharge permits must contain:

(1) A statement that indicates the wastewater discharge permit issuance date, expiration date, duration (which in no event shall exceed five years), and effective date;

(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 6-5.403.E of this chapter, 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 general pretreatment standards, categorical pretreatment standards, local limits, and Federal, State, and local law;

(4) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on the applicable general pretreatment standards, local limits, and Federal, State, and local law;

(5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule;

(6) A schedule such that shall 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; and

(8) Description or schematic representation of the effluent/discharge sampling location on site.

(b) Wastewater discharge permits may contain, but need not be limited to, the following 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 POTW;

(3) Requirements for the development and implementation of accidental discharge/slug control, countermeasure 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 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;

(7) A statement that compliance with the wastewater discharge 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 wastewater discharge permit; and

(8) Other conditions as deemed appropriate by the Public Works Director and/or designee to ensure compliance with this chapter and State and Federal laws, rules, and regulations.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

The Public Works Director and/or designee shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Public Works Director to reconsider the terms of a wastewater discharge permit within 90 days of notice of its issuance.

(a) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

(b) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition(s), if any, it seeks to place in the wastewater discharge permit.

(c) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

(d) If the Public Works Director does not reconsider and subsequently approve the petition to issue a wastewater discharge permit within 90 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

(e) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Superior Court of California, County of Sutter, within 30 days.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

The Public Works Director and/or designee 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 requirements;

(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 POTW 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 City's POTW, City personnel, or the receiving waters;

(e) Violation of any terms or conditions of the wastewater discharge permit;

(f) 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 categorical pretreatment standards pursuant to 40 CFR 403.13;

(h) To correct typographical or other errors in the wastewater discharge permit; or

(i) To reflect a transfer of the facility ownership or operation to a new owner or operator.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days' advance notice to the Public Works Director and the Public Works Director approves the wastewater discharge permit 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 wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

The Public Works Director and/or designee may revoke a wastewater discharge permit for good cause, including, but not limited to, the following:

(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 6-5.805 of this chapter;

(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

(d) Falsifying self-monitoring reports;

(e) Tampering with monitoring equipment;

(f) Refusing to allow the Public Works Director or designee 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 this chapter.

Wastewater discharge permits shall be voidable 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.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) A user with an expiring wastewater discharge permit shall apply for a reissued wastewater discharge permit by submitting a complete permit application, in accordance with Section 6-5.402.E of this chapter, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.

(b) Upon receipt of the complete permit application, the application shall be processed in a timely manner. Upon approval, a reissued discharge permit signed by representatives of the City will be issued, with one copy returned to the applicant.

(c) Failure by the user to submit a complete permit application at least 90 days prior to the expiration of an existing wastewater discharge permit may result in the expiration of that permit prior to approval of the application for a new permit.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

When requested by the Public Works Director and/or designee, a user must submit information on the nature and characteristics of its wastewater within 90 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. Minimum detection levels shall be as determined by the Public Works Director.

(a) Measurement devices. All dischargers making periodic measurements shall furnish and install at the control manhole or other appropriate location a calibrated flume, weir, flow meter, or similar device approved by the Public Works Director and/or designee and suitable to measure the industrial wastewater flow rate and total volume. A flow indicating, recording, and totalizing register may be required by the Public Works Director and/or designee. In lieu of the wastewater flow measurement, the Public Works Director and/or designee may accept records of water usage and adjust the flow volumes by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharger.

(b) Inspections of measurement devices. The sampling, analysis, and flow measurement procedures, equipment, and results shall be subject at any time to inspection by the City. The sampling and flow measurement facilities shall be such as to provide safe access for authorized personnel.

(c) Measurement frequency. Those industrial wastewater dischargers required by the Public Works Director and/or designee to make periodic measurements of industrial wastewater flows and constituents shall annually make the minimum number of such measurements required. The minimum requirements for such periodic measurements shall be:

(1) At least one 24-hour measurement per year. Representative samples of the industrial wastewaters shall be obtained at least once per hour over the 24-hour period, properly refrigerated, composited according to measured flow rates during the 24 hours, and analyzed for the specified wastewater constituents;

(2) Dischargers required to sample on only a few days per year shall sample during the periods of highest wastewater flow and wastewater constituent discharges; and

(3) Industrial plants with large fluctuations in quantity or quality of wastewaters may be required to provide continuous samplings and analyses for every working day. When required by the Public Works Director, dischargers shall install and maintain in proper order automatic flow-proportional sampling equipment and/or automatic analysis and recording equipment.

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

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) Should measurements or other investigations reveal that the industrial discharger is discharging a flow rate or a quantity of biochemical oxygen demand or suspended solids significantly in excess of that stated in the industrial wastewater permit or in excess of the quantities reported to the City by the discharger and upon which the industrial wastewater treatment charges are based, the discharger shall apply for an amended industrial wastewater permit and shall be assessed for all delinquent charges, together with the penalty and interest. Before these charges shall be assessed, at least two additional 24-hour samples and flow measurements shall be obtained by the City with all the costs of sampling and analysis to be paid by the discharger.

(b) An industrial discharger found in violation, shall be presumed, in the absence of other evidence, to have been discharging at the determined parameter values over the preceding three years or subsequent to the previous City verification of quantity parameters, whichever period is shorter.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

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 6-5.208 of this chapter within the time limitations specified by the EPA, the State, or the Public Works Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities, including operating and maintenance 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. 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.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) Whenever deemed necessary, the Public Works Director and/or designee may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage 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 Public Works Director and/or designee 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. A wastewater discharge permit may be issued solely for flow equalization.

(c) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Public Works Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease, oil, or sand, except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the Public Works Director and/or designee and shall be so located as to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, according to the manufacturer's guidelines, 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.

(e) The Public Works Director may deny, condition, and/or limit without restriction new or increased contributions of pollutants or changes in the nature of pollutants, when the discharger does not meet pretreatment standards and the discharge would cause the POTW to violate its NPDES permit.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) Each discharger shall provide protection from the accidental discharge of prohibited materials or other wastes regulated by this chapter. Where necessary, or as directed by the Public Works Director, retention basins, dikes, storage tanks, or other facilities designed to eliminate, neutralize, offset, or otherwise negate the effects of prohibited materials or wastes discharged in violation of this chapter shall be installed.

(b) Dischargers shall notify the City immediately when accidental discharges of wastes in violation of this chapter occur so that countermeasures may be taken by the City to minimize damages to the sewer system, treatment plant, treatment process, or for any fines imposed on the City on account thereof under Water Code § 13350, or for violations of Fish and Game Code § 565.

(c) In the event of an accidental discharge in violation of this chapter, the discharger shall furnish the City, within five days of the date of the occurrence, a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrences.

(d) In order for employees of dischargers to be more fully informed of City requirements, copies of this chapter shall be permanently posted on bulletin boards of dischargers that shall be easily visible by all employees, together with such other industrial waste information and notices which may be furnished by the City.

(e) Sewer connections within the discharger's plumbing or drainage system shall be appropriately labeled to warn operating personnel against the discharge of any substance in violation of this chapter.

The Public Works Director and/or designee shall evaluate whether each significant industrial user needs a plan or other action to control slug discharges. Significant industrial users must be evaluated within one year of being designated a significant industrial user. For purposes of this subsection, a slug discharge is any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits, or permit conditions. The results of such activities shall be available to the approval authority upon request. Significant industrial users are required to notify the POTW immediately of any changes at its facility affecting potential for a slug discharge. If the POTW decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:

(1) Description of discharge practices, including non-routine batch discharges;

(2) Description of stored chemicals;

(3) Procedures for immediately notifying the Public Works Director of any accidental or slug discharge, as required by Section 6-5.806 of this chapter; and

(4) 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. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) All persons owning vacuum or "cesspool" pump trucks or other liquid waste transport trucks and desiring to discharge septic tank, seepage pit, interceptor, or cesspool contents, industrial liquid wastes, or other liquid wastes to sewerage facilities of the City or to facilities that discharge directly or indirectly to such sewerage facilities shall first obtain a septage waste disposal general permit. All applicants for coverage under the septage general permit shall:

(1) Complete the application form;

(2) Pay the appropriate fee;

(3) Receive a copy of the City regulations governing discharges to sewers of liquid wastes from trucks;

(4) Agree, in writing, to abide by these regulations.

(b) The septage waste disposal general discharge permit shall be valid for the time period listed therein and in no case shall the permit exceed five years.

(c) Any person negligently or willfully violating the City requirements for liquid waste discharges from trucks shall be in violation of this chapter and may have their permit revoked by the Public Works Director.

(d) 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 Article 2 of this chapter or any other requirements established by the City.

(e) The Public Works Director and/or designee shall require haulers of industrial waste to obtain wastewater discharge permits. The Public Works Director may require generators of hauled industrial waste to obtain wastewater discharge permits. The Public Works Director also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this chapter.

(f) 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 and/or designee 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.

(g) All septage waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name, telephone number, and address of the septage waste hauler, permit number, truck identification, names, addresses, and telephone numbers 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.

(h) All septage waste haulers must provide, at the time of permit approval, a City of Yuba City business license, current vehicle registration, truck capacity certification for each truck listed, current Yuba and/or Sutter County "sewage pumper vehicle" permit and proof of general liability insurance (bodily injury, personal injury and property damage) and automobile liability insurance in the amount of $1,000,000 each per occurrence or accident. These amounts may change to reflect the most current City-mandated insurance requirements. The septage waste haulers shall be responsible to provide proof of all these insurance documents including endorsements per City insurance requirements. The City's current insurance requirements can be obtained from the Pretreatment Coordinator.

The City's Public Works Department shall be exempt from these requirements.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

Any industrial or commercial user may be required to provide a metering device acceptable to the City, at the user's expense, to permit the accurate determination of the volume of wastewater discharged into the City sewage system. Where the sewage flow is not measured, and unless other arrangements are agreed upon in advance, the volume of sewage flow shall be taken as the metered water consumption. At the option of the Public Works Director, when the sewage flow is not substantially different than the metered water consumption, the volume of waste for payment may be determined by special agreement or by the use of sewage flow meters installed and maintained by qualified personnel at the user's expense.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) General. The capital interest and costs shall be determined by the required plant capacity of each industrial user. The major industrial users at the time of adoption of this chapter, Sunsweet Growers, Yuba City Cogeneration, Valley Fine Foods and Greenleaf II, in addition to the operations and maintenance charges, shall pay for the debt service and capital replacement in accordance with their existing contracts with the City and in accordance with the 2016 Wastewater Rate Study. The maximum wastewater charges for industrial wastewater related to the debt service and capital replacement per the rate study are shown in the following tables; however, the actual rates shall be as approved by Council. The Public Works Director shall have the authority to negotiate and execute new agreements with new industrial users for the debt service and capital replacement costs based on the current rate study and as approved by the City Council.

Sunsweet Growers Inc.—Wastewater Charges for Debt Service and Capital Replacement

Yuba City Cogeneration—Wastewater Charges for Debt Service and Capital Replacement

Valley Fine Foods Company—Wastewater Charges for Debt Service and Capital Replacement

Greenleaf II—Wastewater Charges for Debt Service and Capital Replacement

(b) Industrial user rates. Industrial users will be charged the rates stated in the most recent wastewater rate study/revenue program as adopted by the Council, which will include charges for operation, maintenance, administration, and collection system costs. The charges shall reflect the user's contribution to the total wastewater loading of the treatment works and will recognize volume, BOD, and suspended solids (SS) to ensure a proportional distribution of costs to each user. The maximum industrial user rates are shown in the table below in accordance with 2016 Wastewater Rate Study and approved following the Proposition 218 process. However, the City Council retains the authority to set the actual rates each fiscal year, which may be found in the City's annual fee schedule on the City's website. The Public Works Director shall have the authority to negotiate and execute new agreements with new industrial users for user rates based on the latest wastewater rate study and the rates as set by Council.

(c) Billing period. During each fiscal year, there will be 13 four-week billing periods. The Finance Director may divide the annual cost into 13 equal billings and combine the user's share of operation and maintenance costs, plus any assessment for additional costs caused by the user discharging wastewater in violation of the provisions of this chapter.

(d) Payment of charges and delinquent charges. All fees and charges imposed under the provisions of this chapter shall be due and payable upon the receipt of the notice of charges. Unpaid charges shall become delinquent 60 days after mailing or delivering the notice of charges. A basic penalty charge of 10% of the unpaid amount shall be added to any fee or charge which becomes delinquent. Interest at the rate of 2% per month shall accrue on the total of all delinquent charges, plus all penalty charges.

(e) Determination of charges.

(1) Capacity. The actual plant capacity for each industrial user will be determined by the highest daily volume, pounds of BOD, and pounds of suspended solids discharged into the sanitary sewer system measured by averaging the highest three consecutive days during the prior fiscal year. The three determining factors for industrial capacity will not necessarily peak during the same period. New industrial users will estimate their plant capacity requirements and make periodic deposits as determined by the Finance Director during their first year of operation with an adjustment billing or credit, whichever the case may be, within 30 days after the end of the fiscal year. If the period of operation during the first fiscal year is not sufficient to determine a plant capacity, the second-year operation capacity requirements will be used as if the industry was a new user in that year. The Public Works Director shall have the authority to negotiate and execute new agreement with the new industrial users for the debt service and capital replacement costs.

(2) Actual discharges. The operation and maintenance costs will be based on the actual volume, pounds of BOD, and suspended solids. It will be the industrials user's responsibility to provide composite samples of its discharges for determining the BOD and suspended solid testing. Each sample shall be marked with the beginning and ending meter reading of the volume discharge during the period the composite sample was taken. The volume measured by the meter readings and the test results of the composite samples will be used to calculate the pounds of BOD and suspended solids and will be the basis of the billing operation and maintenance charges. If there are time periods when the meter readings of the composite samples are not consecutive, the City, at its sole discretion, will determine the parts per million (ppm) of the BOD and suspended solids for that volume that a sample was not received.

(3) Conversion factors.

Cubic feet × 7.48 = gallons

Pounds per day (BOD or suspended solids) = test results (mg/L) × 8.34 × flow (million gallons per day; MGD)

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)