Chapter 13.32


13.32.010    Purpose of chapter.

13.32.020    Definitions.

13.32.030    Sewage to be discharged to public sewers.

13.32.040    Private disposal of sewage.

13.32.050    Discharge of stormwaters, etc., to sanitary sewers prohibited without permit.

13.32.060    General discharge prohibitions.

13.32.070    Trucked/hauled wastes.

13.32.080    Discharge from home regenerated water softeners.

13.32.090    Federal Categorical Pretreatment Standards.

13.32.100    Modification of Federal Categorical Pretreatment Standards.

13.32.110    Specific pollutant limitations.

13.32.120    Pollutant thresholds.

13.32.130    State requirements.

13.32.140    City’s right of revision.

13.32.150    Excessive discharge.

13.32.160    Notification of changed discharge.

13.32.170    Accidental discharges.

13.32.180    Notification of discharge of hazardous waste.

13.32.190    Fees and charges.

13.32.200    Wastewater discharges.

13.32.210    Wastewater contribution permits.

13.32.220    Permit application.

13.32.230    Permit modifications.

13.32.240    Permit conditions.

13.32.250    Permits duration.

13.32.260    Permit transfer.

13.32.270    Signatory requirements.

13.32.280    Reporting requirements for permittee.

13.32.290    Periodic compliance reports.

13.32.300    Monitoring facilities.

13.32.310    Industrial user self-monitoring.

13.32.320    Inspection and sampling.

13.32.330    Pretreatment facilities.

13.32.340    Confidential information.

13.32.350    Harmful contributions – Suspension of service/permit.

13.32.360    Revocation of permit.

13.32.370    Notification of revocation hearing.

13.32.380    Purpose and conduct of hearing.

13.32.390    Falsifying information.

13.32.400    Violations constituting misdemeanors.

13.32.410    Violations constituting a public nuisance.

13.32.420    Violations subject to administrative civil penalties.

13.32.430    Enforcement response plan.

*Prior legislation: Ords. 1134 and 1333, and 1960 code §§ 18.57 – 18.76.

13.32.010 Purpose of chapter.

A. The purpose of this chapter is to regulate direct and indirect discharge into the wastewater collection and treatment system by establishing standards of discharge through regulations as necessary to control the quality and quantity of wastewater entering the system, to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, Part 403)

B. The objectives of this chapter are:

1. To prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

2. To prevent the introduction of pollutants into the wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;

3. To improve the opportunity to recycle and reclaim wastewaters, sludges, gases, and other byproducts from the system; and

4. To provide for equitable distribution of the cost of the wastewater system.

C. This chapter provides for the regulation of direct and indirect contributors to the wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing user’s capacity will not be preempted, and provides for the setting of fees for equitable distribution of costs resulting from the program established in this chapter.

D. This chapter shall apply to the city of Livermore and to persons outside the city who are, by contract or agreement with the city, users of the city publicly owned treatment works (POTW). Except as otherwise provided, the superintendent of the POTW shall administer, implement and enforce the provisions of this chapter. (Ord. 1437 § 1, 1995)

13.32.020 Definitions.

A. For purposes of this chapter, the following words, phrases, and abbreviations shall have the meanings respectively ascribed to them in this section unless the context specifically indicates otherwise:

“Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

“Applicant” means any person, or group of persons, who applies for sewer service or a wastewater discharge permit.

An “authorized representative of an industrial user” may be:

a. A principal executive officer of at least the level of vice president, if the industrial user is a corporation;

b. A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;

c. A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/1)).

“Building sewer” means a sewer conveying wastewater from the premises of a user to the service lateral.

“Categorical standards” means the National Categorical Pretreatment Standards or pretreatment standard.

“City” means the city of Livermore or the city council of Livermore.

“City engineer” means the city engineer of the city of Livermore, or his authorized representative, acting within the scope of his assigned duties.

“Commercial garbage grinder” means a mechanical unit for pulverizing large quantities of wastes by a commercial user.

“Cooling water” means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

“Council” means the council of the city of Livermore.

“Customer” means any person, firm, association, corporation or governmental agency served or entitled to be served by the city, for or without compensation.

“Developer” means any person, or group of persons, who requests the council to extend its sewage collection facilities.

“Direct discharge” means the discharge of treated or untreated wastewater directly to the waters of the state of California.

“Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of said agency.

“Grab sample” means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

“Grease,” “oil” and “fats” means any material, or like material, that is freon extractable.

“Holding tank waste” means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

“Indirect discharge” means the discharge or the introduction of pollutants into a POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Clean Water Act.

“Industrial user” means a source of indirect discharge.

“Industrial wastes” means the wastes from industrial processes, including Zeolite type softening regeneration plants.

“Interference” means the inhibition or disruption of the POTW treatment processes or operations which contributes to the violation of any requirement of the city’s NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.

“National Pollution Discharge Elimination System permit” or “NPDES permit” means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

“National Pretreatment Standard” or “pretreatment standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR CFR.

“National Prohibitive Discharge Standard” or “prohibitive discharge standard” means any regulation developed under the authority of Section 307(b) of the Act and 40 CFR, Section 403.5.

“New source” means any building, structure, facility or installation from which there is or may be a discharge of pollutants subject to national pretreatment standards or any provision of this chapter, the construction of which commences after the publication of proposed pretreatment standard under Section 307(c) of the Act which will be applicable to such sources if such standards are thereafter promulgated in accordance with that section and subject to the terms outlined in 40 CFR CFR(k)(1).

“Pass through” means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation).

“Person” means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representative, agents or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.

“pH” means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ion expressed in grams per liter of solution.

“Pollutant” means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

“Pollution” means the manmade or man-induced alteration of the chemical, physical, biological, and the radiological integrity of water.

“POTW treatment plant” means that portion of the POTW designed to provide treatment to wastewater.

“Pretreatment” or “treatment” means the reduction of the amounts of pollutants, the concentration of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except as prohibited by 40 CFR Section 403.6(d).

“Pretreatment requirements” means any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.

“Publicly owned treatment works (POTW)” means a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, “POTW” shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city’s POTW.

“Sanitary sewage” means the portion of sewage exclusive of industrial wastes and stormwaters.

“Sanitary sewer” means a sewer to which storm, surface and ground waters are not intentionally admitted.

“Service lateral” means the pipe between the city’s sewer line and the customer’s service connection at the edge of the street or easement.

“Sewage” means water carrying wastes from residences, business buildings, institutions and industrial establishments, together with such other waters as may be present, or any combination of such wastes and water. Also see “wastewater.”

“Sewage works” means all sewers and facilities operated for carrying, collecting, pumping, treating and disposing of sewage; also POTW.

“Sewer” means a pipe or conduit for carrying sewage.

“Shall” is mandatory; “may” is permissive.

“Side sewer” means a connection with a service lateral from a house or other structure; also building sewer.

“Significant industrial user” means any industrial user of the city’s wastewater disposal system who (a) has a discharge flow of 25,000 gallons or more per average workday; or (b) contributes process wastewater which makes up five percent or more of the dry weather average hydraulic or organic capacity of the POTW; or (c) has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act of (State) Statutes and rules; or (d) is found by the city, regional water quality control board, State Water Resources Control Board or the U.S. Environmental Protection Agency (EPA) to have reasonable potential to adversely affect, either singly or in combination with other contributing industries, the wastewater treatment system, the quality of sludge, the system’s effluent quality, or air emissions generated by the system.

“Significant noncompliance” means (a) chronic violations (exceeding the daily maximum limit or the average limit 66 percent of the time during a six-month period) of the same pollutant parameter; (b) technical review criteria (TRC) violations (33 percent or more of measurements for each pollutant parameter taken during a six-month period equal or exceeding the product of the applicable limit and the TRC value (1.4 for conventional pollutants or 1.2 for toxic pollutants); (c) a violation of pass through or interference; (d) a discharge of imminent endangerment to human health, welfare or the environment, or which required the POTW to use its emergency authorities under 40 CFR CFR(f)(1)(vi)(B); (e) violations of compliance schedule milestones by 90 days; (f) violations of report submittal deadlines by 30 days; (g) failure to report noncompliance; and (h) any other violation deemed significant by the control authority.

“Standard Industrial Classification (SIC)” means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

“State” means the state of California.

“Storm sewer or storm drain” means a sewer which carries storm and surface water but excludes sewage and polluted industrial wastes.

“Stormwater” means any flow occurring during or following any form of natural precipitation and resulting therefrom.

“Suspended solids” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.

“Total toxic organics” means the sum total of all detectable organic compounds which are on the United States Environmental Protection Agency’s current priority pollutant list and which are present in concentrations of 0.01 mg/1 or greater. In calculating total toxic organics, the concentration of specific compounds measured at detection limits in excess of 0.02 mg/1 shall be assumed to be one-half the detection limit.

“Toxic pollutant” means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts.

“User” means any person who contributes, causes or permits the contribution of wastewater into the city’s POTW.

“Wastewater” means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together which may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW. Also see “sewage.”

“Wastewater contribution permit” means as set forth in LMC 13.32.210.

“Water resources manager” means the person designated by the city to manage and supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.

“Water softener” means a unit using the ion exchange process requiring sodium chloride to regenerate the exchange bed.

“Waters of the state” means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.

B. Abbreviations. The following abbreviations shall have the designated meanings:

BOD     Biochemical oxygen demand

CFR     Code of Federal Regulations

COD     Chemical oxygen demand

EPA     Environmental Protection Agency

1     Liter

mg     Milligrams

mg/1     Milligrams per liter

NPDES     National Pollutant Discharge Elimination System

POTW     Publicly owned treatment works

SIC     Standard Industrial Classification

SS     Suspended solids

SWDA     Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.

TTO     Total toxic organics

USC     United States Code

(Ord. 1437 § 1, 1995)

13.32.030 Sewage to be discharged to public sewers.

All sewage shall be discharged to public sewers except as provided in this chapter. (Ord. 1437 § 1, 1995)

13.32.040 Private disposal of sewage.

It is unlawful to construct any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage except when special permit is granted by the council. (Ord. 1437 § 1, 1995)

13.32.050 Discharge of stormwaters, etc., to sanitary sewers prohibited without permit.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff or any nonpolluted waters to any sanitary sewer unless authorized or director by the water resources manager. Authorization may be granted, by permit, to discharge groundwater, surface water, stormwater or nonpolluted water subject to limits on volume, discharge time period, concentrations of pollutants, and other considerations. (Ord. 1437 § 1, 1995)

13.32.060 General discharge prohibitions.

A. No person shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of the POTW whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to the POTW:

1. Any liquids, solids or gases with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees centigrade using the test methods specified in 40 CFR CFR. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent nor any single reading over 10 percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the city, the state or EPA has notified the user is a fire hazard or a hazard to the system;

2. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.

Specifically excluded from the sewers are waste products resulting from the handling, storage and sale of fruits and vegetables from other than retail produce establishments, or other foods not intended primarily for immediate consumption;

3. Any wastewater having a pH less than 6.0 or greater than 9.0, unless a city permit is obtained (see LMC 13.32.120). Discharge of wastewater with a pH lower than 5.0 is prohibited at all times. Wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel is also prohibited;

4. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in the categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act;

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

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

7. Any waters or wastes which contain more than 100 mg/1 of freon extractable fat, oil or grease;

8. Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards;

9. Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;

10. Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40 degrees centigrade (104 degrees Fahrenheit);

11. Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW;

12. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed the limits established by the state or federal regulatory agency applicable to the POTW user;

13. Any wastewater which causes a hazard to human life or creates a public nuisance.

B. When the superintendent determines that a user(s) is contributing to the POTW, any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the superintendent shall: (1) advise the user(s) of the impact of the contribution on the POTW; and (2) develop effluent limitation(s) for such user to correct the interference with the POTW. (Ord. 1437 § 1, 1995)

13.32.070 Trucked/hauled wastes.

The discharge of trucked or otherwise hauled wastes to the sanitary sewer system is prohibited, except as authorized by, and at points designated by, the water resources manager in accordance with the provisions of this chapter. (Ord. 1437 § 1, 1995)

13.32.080 Discharge from home regenerated water softeners.

A. This chapter shall not prohibit the use of water softener units which:

1. Were installed and in operation on or before January 31, 1966;

2. Were registered by the owner with the city as required by Ordinance 586; and

3. Are regenerated by the owner at the place of use of the unit.

B. This requirement shall not apply to softener units which are commercially recharged and are not regenerated at the customer’s address. The discharge of salt waste from any unit allowed continuance by the provisions of this chapter shall be prohibited if the existing unit is replaced or repairs are made thereto in excess of 50 percent of the original cost of such unit. (Ord. 1437 § 1, 1995)

13.32.090 Federal Categorical Pretreatment Standards.

The Federal Categorical Pretreatment Standards, found in 40 CFR Chapter I, Subchapter N, Parts 405 – 471, are incorporated into this chapter. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12. (Ord. 1437 § 1, 1995)

13.32.100 Modification of Federal Categorical Pretreatment Standards.

Where the city’s wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply to the state/EPA for modification of specific limits in the federal pretreatment standards. “Consistent removal” means reduction in the amount of pollutant or alteration of the nature of the pollutant, by the wastewater treatment system, to the less toxic or harmless state, in the effluent which is achieved by the system in 95 percent of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of (Title 40 Code of Federal Regulations, Part 403) “General Pretreatment Regulations for Existing and New Sources of Pollution” promulgated pursuant to the Act. The city may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR, Part 403, Section 403.7, are fulfilled and prior approval from state/EPA is obtained. (Ord. 1437 § 1, 1995)

13.32.110 Specific pollutant limitations.

No person shall discharge wastewater containing a daily maximum concentration in excess of:

0.06    mg/1 arsenic

0.14     mg/1 cadmium

1.0     mg/1 copper

0.62     mg/1 chromium (total)

0.20     mg/1 lead

0.01     mg/1 mercury

0.61     mg/1 nickel

0.20     mg/1 silver

3.00     mg/1 zinc

0.04     mg/1 cyanide

1.00     mg/1 total toxic organics

(Ord. 1437 § 1, 1995)

13.32.120 Pollutant thresholds.

To maintain and improve opportunities to recycle and reclaim municipal wastewater, the city has established the following pollutant thresholds above which a discharge permit must be obtained. No user may discharge wastewater containing pollutants in excess of the following threshold limits without first obtaining a wastewater discharge permit:

A. Any waters or wastes containing total dissolved solids increment greater than 300 and 25 mg/1, nor chloride increment greater than 75 mg/1, increase during a single cycle use of the water supply;

B. Any water or wastes having a BOD greater than 300 (the average BOD for residential users);

C. Any waters or wastes containing more than 300 mg/1 of suspended solids (the average suspended solids for residential users);

D. Any waters or wastes with a pH less than 6.0 or greater than 9.0. The water resources manager may, at his discretion, establish a pH range of 5.0 to 10.0 for specific users provided certain conditions are met, however at no time shall the pH drop below 5.0. (Ord. 1437 § 1, 1995)

13.32.130 State requirements.

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter. (Ord. 1437 § 1, 1995)

13.32.140 City’s right of revision.

The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in LMC 13.32.010. (Ord. 1437 § 1, 1995)

13.32.150 Excessive discharge.

No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the city or state. (Ord. 1437 § 1, 1995)

13.32.160 Notification of changed discharge.

All users, whether permitted or unpermitted, must receive prior approval from the water resources manager for any new introduction of wastewater or pollutants or for substantial changes in the volume or character of pollutants in their discharge. (Ord. 1437 § 1, 1995)

13.32.170 Accidental discharges.

A. Each user will ensure that the POTW is protected from accidental discharge of prohibited materials or other substances regulated by this chapter. Such protection shall be provided and maintained by the user at the owner or user’s own cost and expense. Detailed plans showing facilities and/or operating procedures to provide this protection shall be submitted to the city for review and shall be approved by the city before construction of the facility. All existing users shall complete such a plan by June 30, 1983. No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

B. Written Notice. Within five days following an accidental discharge, the user shall submit to the superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.

C. Notice to Employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. (Ord. 1437 § 1, 1995)

13.32.180 Notification of discharge of hazardous waste.

Pursuant to 40 CFR CFR(p)(1) and (3), industrial users discharging any substance which, if disposed of by other means, would be a hazardous or acutely hazardous waste under 40 CFR CFR, must submit written notification to the POTW, the state and the EPA unless exempted under the provisions of 40 CFR CFR(p)(2). (Ord. 1437 § 1, 1995)

13.32.190 Fees and charges.

In order to recover from the users of the city’s wastewater disposal system, the cost of implementing the program established by this chapter, the city council shall adopt by resolution fees and charges which may include:

A. Fees for reimbursement of costs of setting up and operating the city’s pretreatment program;

B. Fees for monitoring, inspections and surveillance procedures;

C. Fees for reviewing accidental discharge procedures and construction;

D. Fees for permit applications;

E. Fees for filing appeals;

F. Fees for consistent removal by the city of pollutants otherwise subject to federal pretreatment standards;

G. Other fees as the city may deem necessary to carry out the requirements contained in this chapter. (Ord. 1437 § 1, 1995)

13.32.200 Wastewater discharges.

It is unlawful to discharge without a city permit to any natural outlet within the city, or in any area under the jurisdiction of the city, and/or to the POTW any wastewater, except as authorized by the water resources manager in accordance with the provisions of this chapter. (Ord. 1437 § 1, 1995)

13.32.210 Wastewater contribution permits.

Wastewater discharge permits will be required in the following manner:

A. Mandatory Permits. All significant users proposing to connect to or contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 180 days after the effective date of this chapter.

B. Optional Permits. The water resources manager may issue a wastewater discharge permit to any user, upon application, in the following categories:

1. Any industrial user with no significant flow, but who uses toxic pollutants, stores hazardous materials or uses materials which singly or in combination with other wastewater streams may cause the Livermore Water Reclamation Plant to violate its NPDES permit; or

2. Any industrial user not classified in any other category who is required to operate and maintain a grease/oil interceptor, silver recovery unit, or other such pretreatment device prior to discharging wastewater into the sewer system; or

3. Any user who is required by LMC 13.28.080 or 13.36.070 to have sewer service charges and sewer connection fees calculated based on an estimation of flow, BOD and suspended solids. (Ord. 1437 § 1, 1995)

13.32.220 Permit application.

A. Users required to obtain a wastewater contribution permit shall complete and file with the city, an application in the form prescribed by the city, and accompanied by the prescribed fee. Existing significant users shall apply for a wastewater contribution permit within 60 days after the effective date of this chapter, and proposed new users shall apply at least 60 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

1. Name, address and location (if different from the address);

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

3. Wastewater constituents and characteristics including, but not limited to, those mentioned in LMC 13.32.060 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);

4. Time and duration of contribution;

5. Average daily and 30-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;

6. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation;

7. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;

8. Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards. This statement shall be signed by an authorized representative of the industrial user and certified by a qualified professional;

9. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

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 (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

b. No increment referred to in subsection (A)(9) (a) of this section 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 superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the superintendent;

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

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

12. Number and type of employees, and hours of operation of plant and proposed or actual hours of operation and pretreatment system;

13. Any other information as may be deemed by the city to be necessary to evaluate the permit application. Users which are subject to National Pretreatment Standards under 40 CFR Chapter I, Subchapter N, Parts 405 – 471, are required to submit a Baseline Monitoring Report as specified in 40 CFR CFR(b).

B. The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater contribution permit subject to terms and conditions provided in this chapter. (Ord. 1437 § 1, 1995)

13.32.230 Permit modifications.

Within nine months of the promulgation of a National Categorical Pretreatment Standard, found in 40 CFR Chapter I, Subchapter N, Parts 405 – 471, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater contribution permit as required by LMC 13.32.220, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater contribution permit shall submit to the superintendent within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by LMC 13.32.220(A)(8) and (9). (Ord. 1437 § 1, 1995)

13.32.240 Permit conditions.

Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:

A. The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

B. Limits on the average and maximum wastewater constituents and characteristics;

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

D. Requirements for installation and maintenance of inspection and sampling facilities;

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

F. Compliance schedules;

G. Requirements for submission of technical reports or discharge reports (see LMC 13.32.280);

H. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access thereto. Pursuant to 40 CFR CFR(o), users must retain records of monitoring activities and results for a minimum of three years, or longer in cases of unresolved litigation, or when requested by the Regional Water Quality Control Board or the city;

I. Requirements for notifying of the city of and receiving approval for any new introduction of wastewater or pollutants or for any changes in current volume or character of pollutants discharged;

J. Requirements for notification of “slug” discharges as per LMC 13.32.350;

K. Other conditions as deemed appropriate by the city to ensure compliance with this chapter. (Ord. 1437 § 1, 1995)

13.32.250 Permits duration.

Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in LMC 13.32.230 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any change or new conditions in the permit shall include a reasonable time schedule for compliance. (Ord. 1437 § 1, 1995)

13.32.260 Permit transfer.

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 without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. (Ord. 1437 § 1, 1995)

13.32.270 Signatory requirements.

All applications, reports or monitoring information submitted to the city must contain the following certification statements and be signed as required in subsection A, B, C or D of this section:

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, and 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.

The statement must be signed in the following manner:

A. By a responsible corporate officer, if the industrial user submitting the report is a corporation. For the purpose of this subsection, a “responsible corporate officer” means: a president, secretary, treasurer or vice president of the corporation in charge of a principle business function, or any other person who performs similar policy, or decision-making functions for the corporation;

B. By a general partner or proprietor if the industrial user submitting the report is a partnership or sole proprietorship respectively;

C. By a duly authorized representative of the individual designated in subsection A or B of this section if:

1. The authorization is made in writing by the individual described in subsection A or B of this section,

2. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager, superintendent, or a position of equivalent responsibility for environmental matters for the company, and

3. The written authorization is submitted to the city.

D. If an authorization under subsection C of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for the environmental matters for the company, a new authorization satisfying the requirements of subsection C of this section must be submitted to the city prior to or together with any reports to be signed by the authorized representative. (Ord. 1437 § 1, 1995)

13.32.280 Reporting requirements for permittee.

Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified by a qualified professional. (Ord. 1437 § 1, 1995)

13.32.290 Periodic compliance reports.

A. Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in LMC 13.32.220 (A)(5).

At the discretion of the superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the superintendent may agree to alter the months during which the above reports are to be submitted.

B. The superintendent may impose mass limitation on users which require using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by subsection A of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard.

All analysis shall be performed in accordance with procedures established by the administrator pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator. Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the administrator. (Ord. 1437 § 1, 1995)

13.32.300 Monitoring facilities.

The city shall require to be provided and operated at the user’s own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user’s premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Where constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city’s requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city. (Ord, 1437 § 1, 1995)

13.32.310 Industrial user self-monitoring.

The city may require industrial users to collect and analyze samples of their discharge to verify compliance with all applicable federal and local limits. Under 40 CFR CFR(g), the user must notify the POTW within 24 hours of discovery of any violation of Federal Categorical Pretreatment Standards, state or local discharge limitations. The user must repeat sampling and pollutant analysis of those pollutants which exceeded limitation requirements and shall submit, in writing, the results of this second analysis within 30 days of becoming aware of the violation. (Ord. 1437 § 1, 1995)

13.32.320 Inspection and sampling.

The city shall inspect the facilities of any user 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 their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling or the performance of any of their duties. The city, state and EPA shall have the right to examine and/or copy records, and to set up on the user’s property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations.

Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (Ord. 1437 § 1, 1995)

13.32.330 Pretreatment facilities.

A. Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities wastewater volume, pollutant characteristics or method of operation shall be reported to and be approved by the city prior to the user’s initiation of the changes.

B. All preliminary studies, plans and specifications must be prepared by a registered professional engineer retained by the discharger and the plans shall be reviewed and approved by the city engineer and water resources manager.

C. The city shall annually publish in the Tri-Valley Herald newspaper or such other newspaper as the council may designate, a list of the users which were in violation of any pretreatment requirements or standards at least once during the preceding 12 months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.

D. All records relating to compliance and pretreatment standards shall be made available to officials of the EPA or state upon request.

E. The businesses categories below are required to install the following minimum pretreatment facilities to help ensure compliance with federal, state and local discharge limitations:

1. Food Preparation Facilities. All facilities where food is prepared or served shall be equipped with an oil and grease interceptor with a minimum capacity of 750 gallons. The interceptor shall be connected to the sanitary sewer, and all kitchen-generated wastewater, with the exception of dishwasher and garbage disposal drainage, shall discharge through the interceptor.

2. Car Washes, Wash Racks and Vehicle Service Facilities. All car washes, wash racks, and other facilities where vehicles or parts are washed or steam cleaned must be equipped with a sand and oil interceptor with a minimum size of 750 gallons. All wastewater produced from the washing or steam cleaning operations must discharge through the interceptor.

3. Photo or X-Ray Processing Facilities. Facilities processing photographs, negatives or x-rays which discharge photo chemicals to the sewer system shall be equipped with a silver recovery system capable of reducing the effluent silver concentration to 0.20 mg/1 or less. (Ord. 1437 § 1, 1995)

13.32.340 Confidential information.

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

When requested by the person furnishing a report, 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 upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, State Disposal System permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

All information accepted by the city as confidential shall be available to the public to the extent provided under 40 CFR Section 2.302 et seq. Any claim of confidentiality must be asserted at the time of submitting the information, in a manner prescribed by the water resources manager. (Ord. 1437 § 1, 1995)

13.32.350 Harmful contributions – Suspension of service/permit.

The city may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes or threatens to cause interference to the POTW, or causes the city to violate any condition of its NPDES permit.

Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The city shall reinstate the wastewater contribution permit and/or wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within 15 days of the date of occurrence. (Ord. 1437 § 1, 1995)

13.32.360 Revocation of permit.

Any user who violates the following conditions of this chapter, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of this chapter:

A. Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

B. Failure of the user to notify the city of significant change in operations, or wastewater constituents and characteristics or failure to receive city approval prior to making significant changes in operations or wastewater constituents and characteristics;

C. Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or

D. Violation of conditions of the permit. (Ord. 1437 § 1, 1995)

13.32.370 Notification of revocation hearing.

Prior to the revocation of any permit, a hearing shall be held by the director of public works. Written notice of the hearings shall be served personally or by registered or certified mail (return receipt requested) on the user at least 10 days before the hearing. The notice shall state the nature of the violation, as well as the time and place of the hearing. (Ord. 1437 § 1, 1995)

13.32.380 Purpose and conduct of hearing.

The purpose of the hearing is to provide the user with an opportunity to show cause why the permit should not be revoked. The director of public works shall hear all facts and testimony he deems pertinent and shall not be limited to the technical rules of evidence. The decision of the director of public works shall be final. Notice of the decision shall be mailed to the user within 10 days of the conclusion of the hearing. (Ord. 1437 § 1, 1995)

13.32.390 Falsifying information.

No person shall knowingly make any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater contribution permit, nor falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this chapter. (Ord. 1437 § 1, 1995)

13.32.400 Violations constituting misdemeanors.

The violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor. A person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person. (Ord. 1437 § 1, 1995)

13.32.410 Violations constituting a public nuisance.

In addition to the remedies contained in LMC 13.32.400, the city attorney may take any or all of the following actions in response to a violation of any provision of this chapter:

A. A violation of any provision of this chapter is declared a public nuisance, and may be abated and enjoined by way of civil action brought by the city attorney. The cost of such abatement shall be a lien against the property on which the public nuisance emanates, and a personal obligation against the person maintaining or causing the public nuisance.

B. The city attorney may petition the superior court to impose, assess and recover a sum not to exceed $25,000 a day for each violation pursuant to Government Code Section 54740. No liability shall be recoverable under this subsection for any violation for which liability is recovered under LMC 13.32.420. (Ord. 1437 § 1, 1995)

13.32.420 Violations subject to administrative civil penalties.

In addition to the remedies contained in LMC 13.32.400 and 13.32.410A, the city may issue an administrative complaint to any person who violates any provision of this chapter. All administrative complaints issued pursuant to this section shall be in accordance with Government Code Section 54740.5. No penalties shall be recoverable under this section for any violation for which liability is recovered under LMC 13.32.410(B). (Ord. 1437 § 1, 1995)

13.32.430 Enforcement response plan.

To achieve maximum compliance with this chapter, the city has developed an enforcement response plan which details the enforcement actions which will be used in response to specific violations of this chapter. Actions listed in the plan range from informal warnings and written notices of violation to civil or criminal action. The enforcement response plan lists escalating levels of enforcement response for repetitive or serious violations. The city reserves the right to omit steps in the process for willful violations or for those violations which threaten public health and safety or the environment, at the discretion of the water resources manager. The enforcement mechanisms provided in the enforcement response plan may be cumulative in respect to such other enforcement mechanisms or civil and criminal penalties as may be available under the laws of the state of California and may be available under the laws of the state of California and the United States of America. Nothing in this chapter is intended to prevent state and/or federal regulatory agencies from undertaking enforcement actions as may otherwise be available due to a violation of this chapter which also constitutes a violation of federal or state statutes and regulations. (Ord. 1437 § 1, 1995)