Chapter 13.08
SEWERS

Sections:

Article I. General Provisions

13.08.010    Purpose and policy.

13.08.020    Definitions and abbreviations.

Article II. General Sewer Use Requirements

13.08.030    Stormwater and unpolluted drainage.

13.08.040    Prohibited discharges.

13.08.050    Federal categorical pretreatment standards—Applicability.

13.08.060    Right of revision.

13.08.070    Dilution.

Article III. Pretreatment of Wastewater

13.08.080    Pretreatment facilities.

13.08.090    Grease, oil and sand interceptors.

13.08.100    Accidental discharge—Slug discharge control plan.

13.08.110    Prohibition of hauled wastewater.

Article IV. Compliance Monitoring

13.08.120    Control manhole.

13.08.130    Measurements and tests.

13.08.140    Powers and authority of inspectors.

Article V. Individual Wastewater Discharge Permits

13.08.150    Permit—Required—Term—Transfer—Revocation—Completion of an industrial user’s survey required.

Article VI. Reporting Requirements

13.08.160    Reporting requirements for permittees.

13.08.170    Baseline monitoring reports.

13.08.180    Compliance schedule.

13.08.190    Reports on compliance with categorical pretreatment standard deadline.

13.08.200    Periodic compliance reports.

13.08.210    Reports of changed conditions.

13.08.220    Reports from unpermitted users.

13.08.230    Notice of violation—Repeat sampling and reporting.

13.08.240    Accidental discharge and slug control plan.

13.08.250    Analytical requirements.

13.08.260    Sample collection.

13.08.270    Representative wastewater samples.

13.08.280    Date of receipt of reports.

13.08.290    Recordkeeping.

13.08.300    Certification statements.

Article VII. Confidential Information

13.08.310    Confidentiality—Public disclosure.

Article VIII. Publication of Users in Significant Noncompliance

13.08.320    Publication of industrial users in significant noncompliance.

Article IX. Sewer Connection

13.08.330    Fee required prior to permit issuance for newly annexed territory.

13.08.340    Computation of fee.

13.08.350    Exemption of outstanding bonds from fee determination.

13.08.360    Main extensions to customers other than subdivisions—Terms and conditions.

13.08.370    Use of existing sewer.

13.08.380    Design standards—Conformance with required.

13.08.390    Drainage below curb and below main sewer level.

Article X. Charges and Fees

13.08.400    Determination—User classification.

13.08.410    Use of revenues.

Article XI. Rules and Regulations Governing the Disposal of Septic Tank Cleanings

13.08.420    Unlawful to dump on land.

13.08.430    Unlawful to dump into city collection system except as provided in this chapter.

13.08.440    Dumping regulations.

13.08.450    Dumping permit and fees.

Article XII. Administration and Enforcement Remedies

13.08.460    Unlawful discharges.

13.08.470    Authority of director.

13.08.480    Appeals.

13.08.490    Use of provisions.

13.08.500    Injunctive relief.

13.08.510    Assessment of cost.

13.08.520    Falsifying information.

13.08.530    Termination of service.

Article XIII. Affirmative Defenses to Discharge Violations

13.08.540    Upset.

13.08.550    Prohibited discharge standards.

13.08.560    Bypass.

Article XIV. Miscellaneous Provisions

13.08.570    Severability.

Article I. General Provisions

13.08.010 Purpose and policy.

A. This chapter shall apply to all users of the publicly owned treatment works (POTW) for the city of San Luis Obispo.

B. This chapter authorizes the issuance of wastewater discharge permits to industrial users (IUs), provides for monitoring, compliance, and enforcement activities, and requires significant industrial user (SIU) reporting.

C. This chapter sets forth uniform requirements for users of the POTW and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403).

D. The objectives of these provisions are:

1. To prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with the use or disposal of municipal sludge;

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

3. To improve opportunities to recycle and reclaim wastewaters and sludges from the system;

4. To protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

5. To enable the city to comply with its national pollutant discharge elimination system permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject.

E. Conflict with State Law. Any provision in this chapter that conflicts with the provisions of the California Health and Safety Code, Streets and Highways Code, Government Code, or any other California Code shall be automatically superseded by the provisions in said Code until such time as this chapter can be revised.

F. These provisions provide for the regulation of indirect contributors to the POTW through the issuance of permits to industrial users, pretreatment and reporting requirements for permittees, monitoring and enforcement of noncompliance.

G. Except as otherwise provided herein, the director shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the director may be delegated by the director to a duly authorized city of San Luis Obispo employee. (Ord. 1598 § 1 (part), 2014)

13.08.020 Definitions and abbreviations.

A. The following abbreviations, when used in this chapter, shall have the designated meanings:

1. BOD—Biochemical oxygen demand.

2. BMP—Best management practice.

3. BMR—Baseline monitoring report.

4. CFR—Code of Federal Regulations.

5. CIU—Categorical industrial user.

6. COD—Chemical oxygen demand.

7. EPA—U.S. Environmental Protection Agency.

8. gpd—gallons per day.

9. IU—Industrial user.

10. mg/L—milligrams per liter.

11. NPDES—National Pollutant Discharge Elimination System.

12. POTW—Publicly owned treatment works.

13. RCRA—Resource Conservation and Recovery Act.

14. SIU—Significant industrial user.

15. SNC—Significant noncompliance.

16. TSS—Total suspended solids.

17. U.S.C.—United States Code.

The following terms, when used in this chapter, shall have the following meanings:

B. “Act” or “the Act” means the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. § 1251, et seq.) and any amendments thereto including the Clean Water Act of 1977, as well as any regulations, guidelines, limitations and standards promulgated by the United States Environmental Protection Agency pursuant to the Act.

C. “Approval authority” means State Water Resources Control Board.

D. “Authorized or duly authorized representative of the user” means any of the following:

1. If the user is a corporation:

a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

b. The manager of one or more manufacturing, production, or operation facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including the explicit or implicit duty to make major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; has the ability to ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements, and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

2. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

3. If the user is a federal, state or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the governmental facility, or their designee.

4. The individuals described in subsections (D)(1) through (3) of this section may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for either the overall operation of the facility from which the discharge originates or the overall environmental matters of the company, and the written authorization is submitted to the city.

E. “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at twenty degrees centigrade and expressed in milligrams per liter (mg/L).

F. “Best management practices” (or “BMPs”) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in this article and 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or sewage disposal, or drainage from raw materials storage.

G. “Categorical industrial user” means an industrial user subject to a categorical pretreatment standard or categorical standard.

H. “Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Part 405s-471.

I. “City” means the city of San Luis Obispo.

J. “Class I industrial user” means any industrial user that has materials and/or wastes on site that if discharged to the sewer may impact the POTW in a negative manner. These materials and wastes include, but are not limited to, any and all prohibited discharges described in Section 13.08.040.

K. “Class II industrial user” means any industrial user that may discharge conventional pollutants to the POTW which may cause interference or pass-through. These wastes include but are not limited to laundry discharges, nonhazardous solids and oil and grease of animal or vegetable origin.

L. “Control authority” means the city of San Luis Obispo.

M. “Conventional pollutants” means pollutants which are usually found in domestic and/or commercial wastes such as suspended solids, biological oxygen demand, pathogenic organisms, and oil and grease of animal or vegetable origin.

N. “Daily maximum” means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

O. “Daily maximum limit” means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

P. “Director” means the utilities director of the city of San Luis Obispo or his or her duly authorized representative. Any notice required to be given to the director shall be delivered to the director at 879 Morro Street, San Luis Obispo, or as otherwise directed.

Q. “Domestic wastewater” means water bearing only those wastes derived from the ordinary living processes and of such character as to permit satisfactory disposal to, and treatment in, the POTW.

R. “Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, the regional administrator, or other duly authorized official of said agency.

S. “Existing source” means any source of discharge that is not a “new source.”

T. “Grab sample” means a sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen minutes.

U. “Grease” means all fat, grease, oil, wax or other trichlorotrifluoroethane-soluble matter of animal, vegetable, petroleum or mineral origin.

V. “Indirect discharge” or “discharge” means the introduction of pollutants into the POTW from any nondomestic source.

W. “Industrial user” or “user” means a source of indirect discharge.

X. “Industrial user’s survey” means a questionnaire (and related process) used by the city to identify and categorize industrial users and the characteristics of their wastewater discharge.

Y. “Infectious waste” means any waste material or article which harbors or may reasonably be considered to harbor any type of microorganism, helminth or virus which causes or significantly contributes to increased morbidity or mortality in human beings.

Z. “Instantaneous limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

AA. “Interference” means a discharge that, alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal which is a cause of or significantly contributes to either a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or to the prevention of sewage sludge use or disposal by the POTW in accordance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, and the Toxic Substances Control Act.

BB. “Lateral” or “sewer lateral” means that part of the piping of a drainage system that extends from a public or private building, structure or facility and conveys wastewater to the point at which it enters the public sewer, private sewer, private sewer disposal system, or other point of disposal. This may extend beyond the boundaries of the property being served.

CC. “Local limit” means the specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

DD. “Medical waste” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, or dialysis wastes.

EE. “Monthly average” means the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.

FF. “Monthly average limit” means the highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.

GG. “Natural outlet” means any outlet into a watercourse, pond, lake or other body of surface water or ground water.

HH. “New source” means:

1. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Clean Water Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:

a. The building, structure, facility or installation is constructed at a site at which no other source is located; or

b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c. The production of wastewater-generating processes of the building, structure, facility or installation is substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (HH)(1)(b) or (c) of this section but otherwise alters, replaces, or adds to existing process or production equipment.

3. Construction of a new source as defined under this subsection has commenced if the owner or operator has:

a. Begun, or caused to begin, as part of a continuous on-site construction program;

i. Any placement, assembly, or installation of facilities or equipment; or

ii. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities or equipment; or

b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.

II. Noncontact Cooling Water. Water used for cooling that does not come into direct contact with any raw material, immediate product, or finished product.

JJ. “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.

KK. “Person” means any individual, firm, company, association, society, corporation, group, governmental agency or educational institution.

LL. “pH” means a measure of the acidity or alkalinity of a solution, expressed in standard units.

MM. “Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, or certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

NN. “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

OO. “Pretreatment requirements” means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

PP. “Pretreatment standards” or “standards” shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

QQ. “Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 13.08.040.

RR. “Publicly owned treatment works (POTW)” means the city-owned treatment works, as defined by Section 212 of the Act. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.

SS. “Septic tank waste” means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, or septic tanks.

TT. “Sewage” means human excrement and gray water (household showers, dishwashing operations, etc.).

UU. “Significant industrial user (SIU)” means any industrial discharger subject to federal categorical pretreatment standards or any industrial discharger that:

1. Discharges ten thousand gallons per day or more of process wastewater;

2. Contributes five percent or more of the average dry weather hydraulic capacity of the treatment plant;

3. Discharges either continuously or intermittently to the POTW, process wastewaters containing priority pollutants as determined through analytical procedures or reasonable technical judgment; or

4. Has a reasonable potential, in the opinion of the director, to adversely affect the POTW’s operation or for violating any pretreatment standard or requirement.

VV. “Significant noncompliance” means any one of the following:

1. Chronic violations of wastewater discharge limits, as defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.8(f)(2)(vii);

2. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

3. Any violation of a pretreatment effluent limit (daily maximum or longer term average) that the city determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);

4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority as stated in this chapter to halt or prevent such a discharge;

5. Failure to meet, within ninety days after schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

6. Failure to provide, within forty-five days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

7. Failure to accurately report noncompliance;

8. Any other violation or group of violations which the city determines will adversely affect the operation or implementation of the local pretreatment program.

WW. “Slug load” or “slug discharge” means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 13.08.040. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary 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.

XX. “Stormdrain” means a sewer which is designed to carry storm and surface waters and drainage rather than sewage or industrial wastes.

YY. “Stormwater” or “storm water” means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

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

AAA. “Toxic” or “poisonous” means any solid, liquid or gas in such quantity that, alone or in combination with other waste substances, may create a hazard for humans, animals or the local environment, interfere with sewage treatment processes, cause a public nuisance, or cause any hazardous condition to occur in the sewerage system.

BBB. “Wastewater” means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

CCC. “Wastewater treatment plant (WWTP)” or “treatment plant” means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. (Ord. 1598 § 1 (part), 2014)

Article II. General Sewer Use Requirements

13.08.030 Stormwater and unpolluted drainage.

A. No person shall discharge or cause to be discharged rain, stormwater, surface water, ground water, seepage, roof runoff, street or yard drainage, subsurface drainage, ponds or lawn sprays or uncontaminated water or water added for the purpose of diluting wastes which exceed maximum concentration limitations, as stated in Section 13.08.040, to the publicly owned treatment works.

B. It shall be unlawful to discharge any wastewater, including domestic sewage, and industrial wastewater, petroleum products, or otherwise polluted water, derived from residential dwellings, commercial buildings, industrial and manufacturing facilities, or institutions, to any stormdrain or natural outlet. (Ord. 1598 § 1 (part), 2014)

13.08.040 Prohibited discharges.

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

B. Specific Prohibitions. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any sewers:

1. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (sixty-six degrees Celsius), or which will inhibit biological activity in the treatment plant, resulting in interference, but in no case higher than one hundred four degrees Fahrenheit (forty degrees Celsius) at introduction into the wastewater treatment plant.

2. Any waters or wastes containing oil and grease such that the discharge results in a stoppage, plugging, breakage, significant obstruction to flow or any other damage to or increased maintenance of sewers or sewerage facilities. No person shall discharge oil and grease which results in pass-through and/or interference.

3. Any liquids, solids or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW and/or cause acute worker health and safety problems to its personnel or to the operation of the system.

4. Any waters or wastes that have a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (sixty degrees Celsius), using the test methods specified in 40 CFR 261.21. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene or xylene.

5. Any solid or viscous substance, including but not limited to unground garbage, feathers, ashes, cinders, sand, polishing compounds, resin beads, metal, glass, straw, rags, spent grains or hops, wood, plastic, mud, shavings or manure which may cause obstruction to the flow in sewers or other interference with the proper operation of the POTW.

6. Any waters or wastes having pH lower than 5.0 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the POTW.

7. Any water added to a wastewater discharge for the sole purpose of dilution as a means to achieve compliance with any pretreatment standard or local discharge limit.

8. Any waters or wastes including oxygen demanding pollutants (BOD, etc.) at a flow rate and/or concentration which, either singly or by interaction with other pollutants, will cause interference or pass-through.

9. Any average daily flow greater than two percent of the WWTP average daily sewage flow.

10. Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass-through.

11. Any trucked or hauled pollutants, except at discharge points designated by the director.

12. Any waters or wastes containing any radioactive materials or wastes of such half-life or concentration that they do not comply with regulations issued by appropriate authorities (Sections 30285 and 30287 of the California Code of Regulations).

13. Any infectious wastes.

14. Any medical wastes, except as specifically authorized by the director in an individual wastewater discharge permit or a general permit.

15. Any waters or wastes containing color which is not removed in the ordinary WWTP treatment process.

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

17. Any stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the director.

C. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

D. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

E. Local Limits.

1. The director is authorized to establish local limits pursuant to 40 CFR 403.5(c).

2. The following pollutant limits are established to protect against pass-through and interference. No person shall discharge wastewater containing in excess of the following:

CONSTITUENT

UNIFORM LIMIT (mg/L) (daily average)

CONTRIBUTORY LIMIT A (mg/L) (daily average)

CONTRIBUTORY LIMIT B (mg/L) (daily average)

Ammonia

32

50

 

Biochemical Oxygen Demand (BOD)

226

400

250

Chloride

1523

 

 

Sodium

1200

 

 

Total Dissolved Solids (TDS)

2215

 

 

Total Suspended Solids (TSS)

2346

 

 

Copper

0.14

0.20

 

Zinc

0.17

1.00

0.50

3. Unless otherwise stated in individual discharge permit, the uniform limits shall apply to all dischargers. Application for contributory Limit A or B may be made to the director. The director’s decision shall be the city’s final decision.

4. The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The director may impose mass limitations in addition to the concentration based limitations above.

F. Limitations on wastewater strength in this chapter may be supplemented with more stringent limitations if:

1. The director determines that the limitations listed in this chapter may not be sufficient to protect the operation of the city’s treatment works; or

2. The director determines that the limitations listed in this chapter may not be sufficient to enable the city’s treatment works to comply with water quality standards or effluent limitations specified in the city’s NPDES permit.

G. When the director determines that a user is contributing any of the substances mentioned in subsection A of this section in such amounts as to interfere with the operation of the POTW, the director may:

1. Advise the user of the impact of the contribution on the POTW;

2. Develop effluent limitations for the user to correct;

3. Place limits on rate and time of discharge or requirements for flow regulations and equalization;

4. Require pretreatment of discharge prior to discharge to POTW; or

5. Take any other action necessary to eliminate the interference.

H. Where an industrial user utilizes all or a portion of their domestic water supply from a source other than city of San Luis Obispo potable water, the city may require additional laboratory testing of any potential constituents of concern which may be discharged to the POTW. This testing will be performed by a state of California certified laboratory, at a frequency and length of time determined by the city, at solely the industrial user’s expense.

I. The director may develop best management practices (BMPs), in individual wastewater discharge permits, to implement local limits and the requirements of this chapter.

J. The contents of swimming pools and/or spas (including filter backwash from swimming pools and/or spas) shall only be discharged into the sanitary sewer in the manner specified herein.

1. The water is discharged by pumping and shall not exceed the capacity of the sewer lateral and/or public main.

2. Each swimming pool discharging to a sewer system shall be equipped with an indirect waste connection to preclude any possibility of a backflow of sewage into the swimming pool or piping system. (Ord. 1598 § 1 (part), 2014)

13.08.050 Federal categorical pretreatment standards—Applicability.

Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471. (Ord. 1598 § 1 (part), 2014)

13.08.060 Right of revision.

The city reserves the right to establish, by ordinance or in individual wastewater discharge permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this chapter. (Ord. 1598 § 1 (part), 2014)

13.08.070 Dilution.

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 a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate. (Ord. 1598 § 1 (part), 2014)

Article III. Pretreatment of Wastewater

13.08.080 Pretreatment facilities.

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 13.08.040 within the time limitations specified by EPA, the state, or the 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 and operating procedures shall be submitted to the director for review, and shall be acceptable to the 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. All pretreatment facilities must comply with all other applicable laws. (Ord. 1598 § 1 (part), 2014)

13.08.090 Grease, oil and sand interceptors.

A. Grease, oil and sand interceptors shall be installed for the proper handling of liquid wastes containing grease, flammable wastes, sand or other harmful constituents; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the director in accordance with the Uniform Plumbing Code, and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.

B. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his or her expense, in continuously efficient operation at all times. Those interceptors found to be inadequately sized or insufficiently removing fats, oils, and grease, for any reason, will be required to be repaired or replaced, at owner’s expense. Failure to properly maintain interceptors in continuously efficient operation may be considered sufficient cause for disconnection of premises from the POTW or punitive actions as provided for in this chapter.

C. Where installed, all grease, oil, and sand interceptors must be serviced on a routine basis, determined by usage patterns, and have the wastes properly disposed of in accordance to all applicable rules and regulations.

D. Where installed, all grease, oil, and sand interceptors must have all related maintenance documented. All interceptor cleaning and service records for the previous three years must be kept on site and made immediately available during inspection. (Ord. 1598 § 1 (part), 2014)

13.08.100 Accidental discharge—Slug discharge control plan.

The director shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The director may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the director may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

A. Description of discharge practices, including nonroutine batch discharges;

B. Description of stored chemicals;

C. Procedures for immediately notifying the director of any accidental or slug discharge, as required by Section 13.08.240; and

D. 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 contaminant structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. (Ord. 1598 § 1 (part), 2014)

13.08.110 Prohibition of hauled wastewater.

Any trucked or hauled waste is prohibited from discharge into the POTW, except at specific points designated by the director. (Ord. 1598 § 1 (part), 2014)

Article IV. Compliance Monitoring

13.08.120 Control manhole.

When required by the director, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and flow measurement of the discharge. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the director. The manhole shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times. (Ord. 1598 § 1 (part), 2014)

13.08.130 Measurements and tests.

A. All measurements, tests and analyses of the characteristics of water and wastes shall be determined by the testing procedures specified in 40 CFR Part 136. When required by the director, the industrial user shall provide safe and secure access to the proper sampling point for the determination of compliance with federal categorical standards and/or local discharge limits. This may require the installation of a control manhole as described in Section 13.08.120. All testing shall be performed by an approved laboratory and conducted at the expense of the discharger.

B. When requested by the director, a user must submit information on the nature and characteristics of its wastewater within thirty days of the request. The director is authorized to prepare a form for this purpose and may periodically require users to update this information. (Ord. 1598 § 1 (part), 2014)

13.08.140 Powers and authority of inspectors.

A. Inspection of Premises. The director or other duly authorized employees or representatives of the city bearing proper credentials and identification shall be readily permitted to enter all properties for the purposes of inspection, observation, record examination and copying, measurement, sampling, and testing in accordance with the provisions of this chapter at all reasonable times. If the director, health officer, or other duly authorized employee or representative of the city or the health department has reasonable cause to believe that wastewater discharge conditions on or emanating from a facility are so hazardous, unsafe or dangerous as to require immediate inspection to safeguard public health or safety or the integrity of the POTW, they shall have the right to immediately enter and inspect the property and may use any reasonable means required to effect such entry and make such inspection.

B. The director shall have the right to set up on the user’s property, or require installation of, such devices as necessary to conduct sampling and/or metering of the user’s operations. The director may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be removed by the user at the written or verbal request of the director and shall not be replaced. The costs of clearing such access shall be borne by the user. Unreasonable delays in allowing access to the user’s premises shall be a violation of this chapter.

C. Cost of Inspection. Each discharger shall pay a reasonable inspection fee sufficient to cover the costs of the inspection. Such costs may be incorporated in the industrial user wastewater discharge permit fee.

D. Rights of City Entry. The director or other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the POTW. (Ord. 1598 § 1 (part), 2014)

Article V. Individual Wastewater Discharge Permits

13.08.150 Permit—Required—Term—Transfer—Revocation—Completion of an industrial user’s survey required.

A. Permit Application.

1. Industrial users required to obtain a wastewater discharge permit shall complete and file an industrial wastewater discharge permit application with the city within thirty days of receiving a notice to apply. Proposed new IUs shall apply ninety days prior to actual connection to the municipal sewer.

2. In support of its application, the applicant must submit the information requested in the application form issued by the city.

3. The director will evaluate the data furnished by the IU and may require additional information. Incomplete or inaccurate applications will not be processed and will be returned to the IU for revision. After evaluation and acceptance of the information furnished, the director may issue an industrial wastewater discharge permit subject to the terms and conditions provided herein.

4. All industrial wastewater discharge permit applications, IU reports, and certification statements must be signed by an authorized representative of the IU and contain the certification statement set forth in Section 13.08.300.

5. If the designation of an authorized representative is no longer accurate because a different individual or position has assumed responsibility either for the overall operation of the facility or for the overall environmental matters of the company, a new written authorization satisfying the requirements of this section must be submitted to the director prior to, or together with, any reports to be signed by an authorized representative.

6. A denial of a permit application may be appealed pursuant to the procedures in Section 13.08.480.

B. Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations, user charges and fees established by the city. The conditions of wastewater discharge permits shall be uniformly enforced by the director in accordance with this chapter, and applicable state and federal regulations. Permit requirements may include but not be limited to the following:

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

2. A statement that the industrial wastewater discharge permit is nontransferable;

3. Effluent limits, which may include numerical limits or best management practices based on applicable pretreatment standards;

4. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants or best management practices to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

5. Requirements to control slug discharges, if determined by the director to be necessary;

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

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

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

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

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

11. A statement that compliance with the industrial 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 industrial wastewater discharge permit;

12. Other conditions as deemed appropriate by the director to ensure compliance with this chapter and state and federal laws, rules, and regulations; and

13. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.

C. Permit Modification.

1. The director may modify any industrial 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 IU’s operation, processes, or wastewater volume or character since the time of the industrial wastewater discharge permit issuance;

c. To add information indicating that the permitted discharge poses a threat to the city’s POTW, personnel, or the receiving waters;

d. In light of a violation of any terms or conditions of the industrial wastewater discharge permit;

e. In light of misrepresentations or failure to fully disclose all relevant facts in the industrial wastewater discharge permit application or in any required reporting;

f. To correct typographical or other errors in the industrial wastewater discharge permit.

2. An IU shall be informed of any proposed changes in its permit at least thirty calendar days prior to the effective date of the change.

D. Duration of Permits. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period of less than one year or may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modification and change by the director during the life of the permit as limitations or requirements as identified in this chapter are modified and changed. The user shall be informed of any proposed changes in his or her permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

E. Transfer of a Permit. Wastewater discharge permits are issued to a specific user for a specific operation. An industrial 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; provided, that if in the opinion of the director, the sale or transfer of an operation does not result in a change in use, the permit may be reassigned.

F. Revocation of Permit. Any user who violates any of the conditions of this chapter, or applicable state and federal regulations, or any of the following conditions, is subject to permit revocation:

1. Failure to notify the director of significant changes to the IU’s operations, systems, or wastewater prior to the changed discharge;

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

3. Falsifying self-monitoring reports and certification statements;

4. Tampering with monitoring equipment;

5. Refusing to allow the director timely access to facility premises and records;

6. Failure to meet effluent limitations;

7. Failure to pay fines;

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

9. Failure to meet compliance schedules; or

10. Violation of any pretreatment standard or requirement or of any terms of the industrial wastewater discharge permit or of this chapter.

G. Industrial wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All industrial wastewater discharge permits issued to an IU are void upon the issuance of a new industrial wastewater discharge permit to that IU. (Ord. 1598 § 1 (part), 2014)

Article VI. Reporting Requirements

13.08.160 Reporting requirements for permittees.

A. Any discharger of nondomestic wastewater may be required to submit to the director a report indicating the nature, concentration and daily flows of all limiting pollutants. The report shall also state whether the applicable pretreatment standards and requirements are being consistently met.

B. After meeting the requirements set forth in subsection A of this section, the user shall submit self-monitoring reports, as required by the director, to assess and assure continued compliance with pretreatment standards and requirements, including, but not limited to, the reports required in 40 CFR 403.12. These reports shall contain the results of sampling and analysis of the discharge, done in accordance with the procedures approved by the POTW.

C. Reports, such as those identified in subsections A and B of this section but not limited to, shall be signed and certified by an authorized representative of the discharging facility.

D. All industrial users shall be required to retain for a minimum of three years any records and/or reports of monitoring activities or results and shall make such records/reports available for inspection and copying by the POTW. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user.

E. Notification of the Discharge of Hazardous Waste.

1. Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve months. All notifications must take place no later than one hundred eighty days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self monitoring requirements of this article.

2. Dischargers are exempt from the requirements of subsection A of this section during a calendar month in which they discharge no more than fifteen kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

3. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the director, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within ninety days of the effective date of such regulations.

4. In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

5. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law. (Ord. 1598 § 1 (part), 2014)

13.08.170 Baseline monitoring reports.

A. Within either one hundred eighty days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to, or scheduled to discharge to, the POTW shall submit to the director a report containing the information listed in subsection C of this section.

B. At least ninety days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the director a report containing the information listed in subsection C of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants to be discharged.

C. IUs described above shall submit the information set forth below:

1. Identifying Information. The IU shall submit the name and address of the facility including the name of the operator and owners.

2. Permits. The IU shall submit a list of any environmental control permits held by or for the facility.

3. Description of Operations. The IU shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such IU. This description shall include a schematic process diagram that indicates points of discharge to the POTW from the regulated processes.

4. Flow Measurement. The IU shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

a. Regulated process streams; and

b. Other streams as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e). The city may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

5. Measurement of Pollutants.

a. The IU shall identify the pretreatment standards applicable to each regulated process; and

b. The IU shall submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration shall be reported. The sample shall be representative of daily operations.

c. A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, twenty-four-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The city may waive flow-proportional composite sampling for any IU that demonstrates that flow-proportional sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the IU demonstrates that this will provide a representative sample of the effluent being discharged.

d. The IU shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this section.

e. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment facility exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the IU shall measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the city.

f. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the director determines that the 40 CFR Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the city or other parties, and approved by the director.

g. The city may allow the submission of a baseline report that utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

h. The baseline report shall indicate the time, date, and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

6. Compliance Certification. The IU shall submit a statement, reviewed by an authorized representative of the IU (as defined in Section 13.08.160 and certified to by a qualified professional) indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the IU to meet the pretreatment standards and requirements.

7. Compliance Schedule. If additional pretreatment and/or O and M will be required to meet the pretreatment standards, the IU shall submit the shortest schedule by which the IU will provide such additional pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule shall meet the requirements set forth in Section 13.08.180.

8. All baseline monitoring reports must be certified in accordance with this section and be signed by an authorized representative as defined in Section 13.08.160. (Ord. 1598 § 1 (part), 2014)

13.08.180 Compliance schedule.

A. The schedule shall contain progress increments 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 IU to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

B. No increment referred to above shall exceed nine months;

C. The IU shall submit a progress report to the director no later than fourteen days following each date in the schedule and the final date of compliance, including in such progress report, at a minimum, whether it complied with the increment of progress, the reason for any delay, and if appropriate, the steps taken by the IU to return to the established schedule; and

D. In no event shall more than nine months elapse between submissions of such progress reports to the director. (Ord. 1598 § 1 (part), 2014)

13.08.190 Reports on compliance with categorical pretreatment standard deadline.

Within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the director a report containing the information described in 40 CFR 403.12(d). (Ord. 1598 § 1 (part), 2014)

13.08.200 Periodic compliance reports.

A. All SIUs must, at a frequency determined by the director, submit no less than twice per year, in June and December or on other dates specified, reports indicating the nature and concentration of pollutants in the discharge that are limited by pretreatment standards, and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the SIU must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the SIU. The director may modify the months during which the above reports are to be submitted.

B. All periodic compliance reports must be signed and certified in accordance with Section 13.08.160. (Ord. 1598 § 1 (part), 2014)

13.08.210 Reports of changed conditions.

A. All IUs must promptly notify the director in advance of any substantial changes to the IU’s operations or system which might alter the nature, quality, or volume of its wastewater.

B. SIUs are required to notify the director immediately of any changes at its facility affecting the potential for a slug discharge. (Ord. 1598 § 1 (part), 2014)

13.08.220 Reports from unpermitted users.

All users not required to obtain an individual wastewater discharge permit shall provide reports to the director as the director may require. (Ord. 1598 § 1 (part), 2014)

13.08.230 Notice of violation—Repeat sampling and reporting.

If sampling performed by an IU indicates a violation, the IU must notify the director within twenty-four hours of becoming aware of the violation. The IU shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within thirty days of becoming aware of the violation. Where the city has performed the sampling and analysis in lieu of the IU, the city must perform the repeat sampling and analysis unless it notifies the IU of the violation and requires the IU to perform the repeat analysis. Resampling is not required if:

A. The city performs sampling for the IU at a frequency of at least once per month, or

B. The city performs sampling for the IU between the time the initial sampling was conducted and the time the IU or the city receives the results of this sampling. (Ord. 1598 § 1 (part), 2014)

13.08.240 Accidental discharge and slug control plan.

A. Each IU shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Facilities shall be provided to prevent accidental discharges of prohibited materials and shall be maintained at the IU’s expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted by the IU when requested, to the city for the city’s review, and shall be approved by the director before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the IU from the responsibility to modify its facility as necessary to meet the requirements of this chapter or of any other applicable rule, regulation, order or ordinance of a governmental authority.

B. Any direct or indirect connection to the IU’s plumbing or drainage system that allows the discharge of wastes to the public sewer system in violation of this chapter, shall be eliminated. Where such action is impractical or unreasonable, as determined by the city, the IU shall appropriately label such entry points to warn against discharge of such wastes.

C. A notice shall be permanently posted on the IU’s bulletin board or other prominent place advising employees who could cause such a discharge to occur, of the emergency notification procedure. (Ord. 1598 § 1 (part), 2014)

13.08.250 Analytical requirements.

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the director or other parties approved by the EPA. (Ord. 1598 § 1 (part), 2014)

13.08.260 Sample collection.

A. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analyses performed during the period covered by the report and be representative of conditions occurring during the reporting period.

B. Except as indicated in subsections C and D below, the IU must collect wastewater samples using twenty-four-hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the director. Where time proportional composite sampling or grab sampling is authorized by the director, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

C. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

D. For sampling required in support of baseline monitoring reports and ninety-day compliance reports pursuant to Sections 13.08.170 and 13.08.510 (40 CFR 403.12(b) and (d)), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the director may authorize a lower minimum. For the reports required by Section 13.08.200 (40 CFR 403.12(e) and (h)), the IU is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

E. If an IU subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the director, using the procedures set forth in Section 13.08.270, the results of this monitoring shall be included in the report.

F. All required sampling shall be done at the IU’s expense. (Ord. 1598 § 1 (part), 2014)

13.08.270 Representative wastewater samples.

All wastewater samples must be representative of the IU’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of an IU to keep its monitoring facility in good working order shall not be grounds for the IU to claim that sample results are unrepresentative of its discharge. (Ord. 1598 § 1 (part), 2014)

13.08.280 Date of receipt of reports.

Written reports will be deemed to have been submitted on the date postmarked. For reports that are not mailed, postage prepaid, from a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. (Ord. 1598 § 1 (part), 2014)

13.08.290 Recordkeeping.

Any IUs subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the IU independent of such requirements, and documentation associated with best management practices established under Section 13.08.040. Records shall include the date, exact place, method, time of sampling, the name(s) of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years or during the pendency of any litigation. (Ord. 1598 § 1 (part), 2014)

13.08.300 Certification statements.

A. Certification of Permit Applications and User Reports. The following certification statement is required to be signed and submitted by IUs submitting baseline monitoring reports pursuant to Section 13.08.170, SIUs submitting reports in compliance with the categorical pretreatment standard deadlines pursuant to Section 13.08.190, IUs submitting periodic compliance reports required by Section 13.08.200. The following certification statement must be signed by an authorized representative as defined in Section 13.08.020, Definitions:

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.

(Ord. 1598 § 1 (part), 2014)

Article VII. Confidential Information

13.08.310 Confidentiality—Public disclosure.

A. Process and product information collected during inspection of premises may be kept confidential at the request of the business owner or his or her representative, insofar as such confidentiality is allowed pursuant to applicable law. All records compiled pursuant to the pretreatment program shall be accessible at time of inspection. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the director’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 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 at 40 CFR 2.302, shall not be recognized as confidential information and shall be available to the public without restriction.

B. Notification of significant violators and significant noncompliance shall be published at least once every twelve months in the major local newspaper. (Ord. 1598 § 1 (part), 2014)

Article VIII. Publication of Users in Significant Noncompliance

13.08.320 Publication of industrial users in significant noncompliance.

A. The director shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the IUs which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be applicable to all SIUs (or any other IU that violates subsection (A)(3), (4) or (8) of this section) and shall mean:

1. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined by 40 CFR 403.3(1);

2. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

3. Any violation of a pretreatment effluent limit (daily maximum or longer term average) that the city determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);

4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority as stated in this chapter to halt or prevent such a discharge;

5. Failure to meet, within ninety days after schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

6. Failure to provide, within thirty days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

7. Failure to accurately report noncompliance;

8. Any other violation or group of violations which the city determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 1598 § 1 (part), 2014)

Article IX. Sewer Connection

13.08.330 Fee required prior to permit issuance for newly annexed territory.

Before a permit shall be issued for a sewer connection in any area now outside the city limits which shall hereafter be annexed to the city, the owner or applicant shall pay to the city for such privilege a sum of money to be the property’s share of the cost of the existing sewerage facilities of the city to be used by the property. (Ord. 1598 § 1 (part), 2014)

13.08.340 Computation of fee.

The sum shall be the equivalent of the cost to similar properties then within the city which have paid for the facilities so to be used. (Ord. 1598 § 1 (part), 2014)

13.08.350 Exemption of outstanding bonds from fee determination.

The sum shall not include any amounts from which bonds of the city are then outstanding and to which the property shall become subject upon annexation. (Ord. 1598 § 1 (part), 2014)

13.08.360 Main extensions to customers other than subdivisions—Terms and conditions.

A. Sewer mains may be extended by developers or other interested parties that would benefit by their extension, at their cost, providing the improvements are designed to current city standards and policy and are approved by the director of public works and director of utilities.

B. The owner or developer who installs improvements which abut property other than that being developed, or in a greater size or capacity than that required for the development of the property under consideration, may be reimbursed as provided in Section 16.20.110. (Ord. 1598 § 1 (part), 2014)

13.08.370 Use of existing sewer.

A. Payment of Costs Prior to Sewer Connection Permit Issuance. Before a permit shall be issued for a sewer connection in any areas within the city, which property shall use any existing city sewerage facilities which were constructed by a developer under a reimbursement agreement for which such property shall not have made full payment of its share of the cost thereof, the owner or applicant shall pay to the city a sum of money for such privilege in the same manner as provided in this chapter.

B. Installation of Water Meters on Private Wells Serving Commercial Properties for Determining Sewer Service Charges. All commercial properties where private well water is used and discharged to the existing sewer system shall install a water meter on the well in order to determine the appropriate sewer charges. Installation of the water meter shall be in accordance with the standards established by the city engineer. (Ord. 1598 § 1 (part), 2014)

13.08.380 Design standards—Conformance with required.

All sewers whether built on public streets or in public easements shall be designed by a registered engineer and shall conform to the uniform design standards adopted by the city. (Ord. 1598 § 1 (part), 2014)

13.08.390 Drainage below curb and below main sewer level.

A. Drainage Piping Serving Fixtures. Drainage piping serving fixtures, the flood level rims of which are located below the elevation of the curb or property line, at the point where the building sewer crosses under the curb or property line, and above the crown level of the main sewer, shall drain by gravity into the main sewer, and shall be protected from backflow of sewage by installing an approved type backwater valve, and each such backwater valve shall be installed only in that branch or section of the drainage system which receives the discharge from fixtures located below the elevation of the curb or property line. If the drainage piping is lower than the next upstream manhole, the property owner may be required to install a backwater valve.

B. Director Empowered to Stop Overflow. If the property owner fails to install and maintain a backwater trap or backwater valve in good working condition, when required under this section, the director may order and require the plumbing fixture to be disconnected and removed and the outlet plugged or capped. In the event that the property owner fails to disconnect and plug or cap the sewer connection within ten days after written notice by the director, then the director shall arrange for such disconnection and capping, the cost of which may be collected by court action or may be declared to be a lien by action of the council after public hearing and notice of the property owner and shall be added to and collected as part of the tax roll.

C. Alternate Right to Terminate Water Service. As an alternate to the procedure set forth in subsection B of this section, if the property owner fails to install and maintain a backwater trap valve in good working condition when requested under this chapter, the director may order and require termination of water service to the parcel and all structures connected to the sewer outlet subject to overflow. The water service shall not be reinstated until the maintenance or installation of the backwater trap or backwater valve has been approved by the director.

D. Maintenance of House Sewer Connections. The property owner will be responsible for all construction, maintenance, improvements and repairs of the sewer lateral including all house connections, industrial sewers, private sewage disposal systems and appurtenances thereto, now existing or hereafter constructed. Laterals shall be maintained by the owner of the property in a safe and sanitary condition; and all devices or safeguards which are required for the operation thereof shall be maintained in a good working order. If a property owner fails to maintain the abovementioned wastewater facilities in a safe and sanitary condition, the director may order and require termination of water service to the parcel and all structures connected to the sewer outlet subject to these conditions. The water service shall not be reinstated until the maintenance or installation of appropriate wastewater disposal facilities has been approved by the director. (Ord. 1598 § 1 (part), 2014)

Article X. Charges and Fees

13.08.400 Determination—User classification.

A. A schedule of charges and fees shall be adopted by the city by resolution and may be amended from time to time which will enable the city to comply with the revenue requirements of the State Clean Water Grant Program. Charges and fees shall be determined in a manner consistent with regulations of the grant program.

B. All users shall be classified by assigning each one to a user classification (significant industrial user, Class I user or Class II user) category according to the principal activity conducted on the user’s premises and appropriate nonindustrial classifications as determined by the city. The purpose of such classification is to facilitate the regulation of wastewater discharges based on wastewater constituents and characteristics to provide an effective means of source control, and to establish a system of user charges and industrial user wastewater discharge permit fees which will ensure an equitable recovery of the city’s cost for operation of the pretreatment program.

C. The charges for each wastewater constituent and characteristic shall be established by the city and set forth in the city’s schedule of charges and fees, which may include, but shall not be limited to:

1. User classification charges.

2. Fees for monitoring and inspections.

3. Charges and fees based on wastewater constituents and characteristics to include industrial cost recovery provisions of the Federal Act (i.e., PL 92-500).

4. In case a residence or place of business becomes vacant, the minimum sewer charge shall be collected until the city is requested to shut off the water.

5. All charges for such sewage service shall be paid at the same time as water charges are paid to the city and shall be billed upon the same water bill sent to the user; and both amounts must be paid or the city may, in addition to other remedies, shut off the water service.

6. Any person failing to pay the sewer service charge when due, and if the water service has been disconnected, shall pay the water restoration-reconnection charge provided for in Section 13.04.060.

D. When user classification charges are established, they shall be based upon a minimum basic charge for each premises, computed on the basis of wastewater from a domestic premises. (Ord. 1598 § 1 (part), 2014)

13.08.410 Use of revenues.

Revenue derived by the city under the provisions of the ordinance codified in this chapter shall be used for the operation, acquisition, construction, reconstruction and maintenance of the sanitary sewer system and shall be applied to the retirement of any bonded indebtedness which was incurred to improve the sanitary sewer system. (Ord. 1598 § 1 (part), 2014)

Article XI. Rules and Regulations Governing the Disposal of Septic Tank Cleanings

13.08.420 Unlawful to dump on land.

It is unlawful for any person to dump or discharge raw or chemically treated sewage from any source onto the surface of any lands within the city, except such lands as the city utilizes in connection with the operation of its wastewater treatment plant. (Ord. 1598 § 1 (part), 2014)

13.08.430 Unlawful to dump into city collection system except as provided in this chapter.

It is unlawful for any person to dump or discharge into the city sewer collection system septic tank cleanings or any raw or chemically treated sewage from septic tanks or any industrial or unidentified liquid waste or any hazardous waste except as provided in this article. (Ord. 1598 § 1 (part), 2014)

13.08.440 Dumping regulations.

Raw or chemically treated sewage from chemical toilets may be discharged or dumped into the city sewer collection system only at the places designated by the director. (Ord. 1598 § 1 (part), 2014)

13.08.450 Dumping permit and fees.

Each person dumping or discharging raw or chemically treated sewage into the facilities of the city shall pay the appropriate fees established in accordance with the criteria set forth in Section 13.08.400. (Ord. 1598 § 1 (part), 2014)

Article XII. Administration and Enforcement Remedies

13.08.460 Unlawful discharges.

A. Notification of Discharge.

1. Users shall notify the director immediately upon discharging wastes in violation of this chapter to enable countermeasures to be taken by the city to minimize damage to the community sewer, treatment facility, treatment process, treatment personnel and the receiving waters.

2. This notification shall be followed within fifteen days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence.

3. Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment plant, or treatment process, or for any fines imposed on the city by any public entity on account thereof.

B. Notices to Employees. In order that employees of users be informed of city requirements, users shall make available to their employees copies of this chapter, together with such other wastewater information and notices which may be furnished by the city from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the user’s bulletin board advising employees whom to call in case of an accidental discharge in violation of this chapter.

C. Preventive Measures. Any direct or indirect connection or entry point for persistent or deleterious wastes to the user’s plumbing or drainage system should be eliminated. Where such action is impractical or unreasonable, the user shall appropriately label such entry points to warn against discharge of such wastes in violation of this chapter. (Ord. 1598 § 1 (part), 2014)

13.08.470 Authority of director.

A. Notice of Violation. When the director finds that a user has violated or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or wastewater requirement of the city, state or federal government, or is found to have improperly used or maintained sewers, the director may serve that user a written notice of violation. Within thirty days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.

B. Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without issuing a notice of violation; however, such notice of violation shall be issued as soon as possible.

C. Consent Orders. The director may enter into consent orders, assurances of compliance, or other similar agreements with any user responsible for noncompliance. Such agreement shall include specific actions to be taken by the user to correct the noncompliance within the time period specified in the agreement. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 13.08.500 and 13.08.510 and shall be judicially enforceable.

D. Compliance Orders. When the director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, water service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation.

E. Cease and Desist Orders. When the director finds that a violation of this chapter has occurred, or appears imminent, and the violation appears to present an imminent endangerment to the health or welfare of persons, or the environment, or which threatens to interfere with the operation of the POTW or cause pass-through, the director may, after informal notice to the violator, issue an order to cease and desist and direct those persons not complying with this chapter to:

1. Comply forthwith; or

2. Comply in accordance with a time schedule set forth by the director; or

3. Take appropriate remedial or preventive action in the event of a threatened violation.

F. When the director finds that a discharge of wastewater has taken place, in violation of prohibitions or limitations prescribed in this chapter, or wastewater source control requirements, effluent limitations or pretreatment standards, or the provisions of a wastewater discharge permit, the director may require the user to submit to the appropriate POTW representative a report containing methods to eliminate illegal discharges, a time schedule for the commencement and completion of any equipment installation or maintenance necessary to comply with discharge limitations and methods of assurance of continued compliance. (Ord. 1598 § 1 (part), 2014)

13.08.480 Appeals.

A. Any user, permit applicant, or permit holder affected by any decision, action or determination, including cease and desist orders, made by the director, interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the city clerk a written appeal within ten days of such decision, action or determination, setting forth in detail the facts supporting the appeal.

B. The written appeal shall be heard by the council within thirty days from the date of filing. The council shall make a final ruling on the appeal within ten days of the close of the meeting. Pending final determination on the appeal by the council, the decision appealed from shall remain in full force and effect. (Ord. 1598 § 1 (part), 2014)

13.08.490 Use of provisions.

The actions and remedies available to the director in the sections set forth in this article may be utilized separately or in combination by the director as it deems appropriate. (Ord. 1598 § 1 (part), 2014)

13.08.500 Injunctive relief.

The director is authorized to seek injunctive relief to halt the noncompliance by any industrial user with any pretreatment standard or requirement under this chapter, or permit issued hereunder. (Ord. 1598 § 1 (part), 2014)

13.08.510 Assessment of cost.

Any person who discharges or causes to be discharged any water or wastewater in violation of this chapter and such discharge, either singly or by interaction with other discharges, results in damage to or is otherwise detrimental to or adversely affects the POTW, storm drain system or waters of the state shall be liable to the city for expenses necessary to correct that damage, detriment or adverse effect. The expenses may include, but are not limited to, costs for labor, material, inspection and overhead. Any expenses resulting from the investigation of unlawful discharges shall be collected from the responsible party. In addition, any monetary penalties imposed against the city shall also be costs for which the violator is liable to the city. (Ord. 1598 § 1 (part), 2014)

13.08.520 Falsifying information.

Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the director, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall be guilty of a misdemeanor. (Ord. 1598 § 1 (part), 2014)

13.08.530 Termination of service.

The director may revoke any wastewater discharge permit, or terminate or cause to be terminated wastewater and/or water service to any premises if a violation of any provision of this chapter is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance as defined in this chapter. This provision is in addition to other statutes, rules or regulations, authorizing termination of services for delinquency in payment. (Ord. 1598 § 1 (part), 2014)

Article XIII. Affirmative Defenses to Discharge Violations

13.08.540 Upset.

A. For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

B. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection C of this section are met.

C. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

1. An upset occurred and the user can identify the cause(s) of the upset;

2. The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and

3. The user has submitted the following information to the director within twenty-four hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):

a. A description of the indirect discharge and cause of noncompliance;

b. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

D. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

E. Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

F. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (Ord. 1598 § 1 (part), 2014)

13.08.550 Prohibited discharge standards.

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 13.08.040(A) or the specific prohibitions in Sections 13.08.040(B) through (J) if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

A. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

B. No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (Ord. 1598 § 1 (part), 2014)

13.08.560 Bypass.

A. For the purposes of this section:

1. Bypass means the intentional diversion of wastestreams from any portion of a user’s treatment facility.

2. Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

B. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections C and D of this section.

C. Bypass Notifications.

1. If a user knows in advance of the need for a bypass, it shall submit prior notice to the director, at least ten days before the date of the bypass, if possible.

2. A user shall submit oral notice to the director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The director may waive the written report on a case by case basis if the oral report has been received within twenty-four hours.

D. Bypass.

1. Bypass is prohibited, and the director may take an enforcement action against a user for a bypass, unless:

a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

c. The user submitted notices as required under subsection C of this section.

2. The director may approve an anticipated bypass, after considering its adverse effects, if the director determines that it will meet the three conditions listed in subsection (D)(1) of this section. (Ord. 1598 § 1 (part), 2014)

Article XIV. Miscellaneous Provisions

13.08.570 Severability.

If any section, subsection, sentence, clause or phrase in this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of these chapters. The city council hereby declares that it would have passed the ordinance codified in this chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this chapter would be subsequently declared invalid or unconstitutional. (Ord. 1598 § 1 (part), 2014)