CHAPTER 1
SEWERS1

SECTION:

Article 1. General Provisions

8-1-101:    General Provisions; Purpose and Policy

8-1-102:    Definitions and Abbreviations

8-1-103:    Applicability

8-1-104:    Liquid Waste Disposal Policy (General)

8-1-105:    Industrial Wastewater Disposal; General Provisions

8-1-106:    Minimum Standards for Sewage Plants

8-1-107:    Maintenance of Sewers, Clarifiers, Private Sewage and Industrial Waste Pretreatment System and Appurtenances

8-1-108:    Burbank Fee Resolution

8-1-109:    Rules, Policies and Guidelines

Article 2. Administration and Enforcement

8-1-201:    Administration by Director

8-1-202:    Adoption of Rules, Policies and Guidelines

8-1-203:    Entry and Inspection on Private Property

8-1-204:    Purpose of Inspections

8-1-205:    Sewer Enterprise Fund

8-1-206:    Reserve Accounts

Article 3. Connection to Public Sewers

8-1-301:    Permit

8-1-302:    Excavations

8-1-303:    When Easement Required

8-1-304:    Excessive Discharge of Sewage

8-1-305:    Environmental Impact Report

8-1-306:    Sewage Discharged From Animals

8-1-307:    Fees

8-1-308:    Specification and Grade

8-1-309:    Building Sewers to Serve Only One Lot

8-1-310:    Disconnection of Unlawful Connection

8-1-311:    Cost of Repair to Public Sewer

8-1-312:    Cost of Repair to Building Sewer

8-1-313:    Backwater Valves

Article 4. Discharge Into Maintenance Hole

8-1-401:    Opening Maintenance Hole

Article 5. Industrial Waste and Disposal

8-1-501:    General Discharge Requirements

8-1-501.1:    Discharge Prohibitions

8-1-501.2:    National Categorical Pretreatment Standards

8-1-501.3:    State Pretreatment Standards

8-1-501.4:    Local Limits

8-1-501.5:    City’s Right of Revision

8-1-501.6:    Dilution

8-1-502:    Pretreatment of Wastewater

8-1-502.1:    Pretreatment Facilities

8-1-502.2:    Additional Pretreatment Measures

8-1-502.3:    Accidental Discharge/Slug Control Plans

8-1-502.4:    Hauled Wastewater

8-1-503:    Wastewater Discharge Permit Application

8-1-503.1:    Wastewater Analysis

8-1-503.2:    Control Mechanism Requirement

8-1-503.3:    Issuing Control Mechanisms; Existing Connections

8-1-503.4:    Issuing Control Mechanisms; New Connections

8-1-503.5:    Wastewater Discharge Permit Application Contents

8-1-503.6:    Application Signatories and Certification

8-1-503.7:    Control Mechanism Decisions

8-1-504:    Control Mechanism Issuance Process

8-1-504.1:    Control Mechanism Duration

8-1-504.2:    Control Mechanism Contents

8-1-504.3:    Wastewater Discharge Permit Appeals

8-1-504.4:    Wastewater Discharge Permit Modification

8-1-504.5:    Wastewater Discharge Permit Transfer

8-1-504.6:    Wastewater Discharge Permit Revocation

8-1-504.7:    Wastewater Discharge Permit Reissuance

8-1-504.8:    Regulation of Waste Received From Other Jurisdictions

8-1-505:    Reporting Requirements

8-1-505.1:    Baseline Monitoring Reports

8-1-505.2:    Compliance Schedule Progress Reports

8-1-505.3:    Reports on Compliance with Categorical Pretreatment Standard Deadline

8-1-505.4:    Periodic Compliance Reports

8-1-505.5:    Reports of Changed Conditions

8-1-505.6:    Reports of Potential Problems

8-1-505.7:    Reports from Unpermitted Users

8-1-505.8:    Notice of Violation/Repeat Sampling and Reporting

8-1-505.9:    Notification of the Discharge of Hazardous Waste

8-1-505.10:    Analytical Requirements

8-1-505.11:    Sample Collection

8-1-505.12:    Timing

8-1-505.13:    Record Keeping

8-1-506:    Compliance Monitoring

8-1-506.1:    Right of Entry; Inspection and Sampling

8-1-506.2:    Inspection Warrants

8-1-507:    Confidential Information

8-1-508:    Publication of Users In Significant Noncompliance

8-1-509:    Administrative Enforcement Remedies

8-1-509.1:    Notification of Violation

8-1-509.2:    Consent Orders

8-1-509.3:    Show Cause Hearing

8-1-509.4:    Compliance Orders

8-1-509.5:    Cease and Desist Orders

8-1-509.6:    Administrative Fines

8-1-509.7:    Emergency Suspensions

8-1-509.8:    Termination of Discharge

8-1-510:    Judicial Enforcement Remedies

8-1-510.1:    Injunctive Relief

8-1-510.2:    Civil Penalties

8-1-510.3:    Criminal Prosecution

8-1-510.4:    Remedies Nonexclusive

8-1-511:    Supplemental Enforcement Action

8-1-511.1:    Performance Bonds

8-1-511.2:    Liability Insurance

8-1-511.3:    Water Supply Severance

8-1-511.4:    Public Nuisances

8-1-512:    Affirmative Defenses to Discharge Violations

8-1-512.1:    Upset

8-1-512.2:    Prohibited Discharge Standards

8-1-512.3:    Bypass

Article 6. Unauthorized Disposal

8-1-601:    Reserved

Article 7. Sewer Service Charge

8-1-701:    Purpose

8-1-702:    Reserved

8-1-703:    Imposition of Charge

8-1-704:    Determination of Sewer Service Charge

8-1-705:    Collection of Charge

8-1-706:    Joint Occupancy

8-1-707:    Discontinuance of Service

8-1-708:    Application for Exemption

8-1-709:    Appeal for Adjustment of Charge

8-1-710:    Debt; Penalty for Nonpayment

Article 8. Sewer Facilities Charge

8-1-801:    Reserved

8-1-802:    Sewer Facilities Charge

8-1-803:    Sewer Facilities Charge for Subdivisions; Exceptions

8-1-804:    When Subdivision Cannot Be Connected to City Sewer

8-1-805:    Community Redevelopment

8-1-806:    Changes or Increases in Occupancy

8-1-807:    Installation by Subdivider of Off-Site Sewers at Own Expense

8-1-808:    Owner or Occupant May Be Required To Submit Data

Article 9. Sale of Reclaimed Water

8-1-901:    Definition

8-1-902:    Sale of Reclaimed Water

Article 10. Storm Water and Runoff Pollution Control

8-1-1001:    Definitions

8-1-1002:    General Provisions

8-1-1003:    Discharge to The Storm Drain System

8-1-1004:    Runoff Management Requirements

8-1-1005:    Violations and Enforcement

8-1-1006:    Reserved

8-1-1007:    Authority of Directors of Public Works and Community Development to Implement Standard Urban Storm Water Mitigation Plan and Storm Water Pollution Control Measures for Development Planning

ARTICLE 1. GENERAL PROVISIONS

8-1-101: GENERAL PROVISIONS; PURPOSE AND POLICY:

A.    Purpose: This chapter sets forth uniform requirements for discharges to the publicly owned treatment works (POTW), sewer system and storm drain system for the City of Burbank and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code 1251 et seq.) and the general pretreatment regulations (40 Code of Federal Regulations Part 403).

B.    Objectives: The objectives of this chapter are:

1.    To prevent the introduction of pollutants into a POTW that will interfere with its operation;

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

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

4.    To promote reuse and recycling of industrial wastewater and sludge from a POTW;

5.    Prevent any discharge which may interfere with the operation of the storm drain system or pollute the waters of the State;

6.    To provide for fees, charges, and penalties for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW, related programs, and the storm drain system;

7.    To provide for monitoring and enforcement activities; and

8.    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 and storm drain system are subject. [Formerly numbered Section 25-2. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

8-1-102: DEFINITIONS AND ABBREVIATIONS2:

A.    DEFINITIONS: Unless explicitly indicated otherwise, for the purpose of this article, the following words and phrases are defined and shall be defined as follows:

ACT or the ACT: Shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.

APPROVAL AUTHORITY: Shall mean the California Environmental Protection Agency, State Water Resources Control Board, and the California Regional Water Quality Control Board - Los Angeles Region. If any of these agencies changes its name, the authority granted in this code will be transferred to the newly named agency.

AUTHORIZED REPRESENTATIVE: Of the User shall mean:

(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 operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual 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 government facility, or their designee.

(4)    The individuals described in paragraphs 1 through 3, above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.

AVERAGE DAILY FLOW: Shall mean the number of gallons of sewage discharged into the public sewers during a twenty-four (24) hour period.

BEST MANAGEMENT PRACTICES: or BMPs: Shall mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions set forth in Section 8-1-501.1-3. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

BIOCHEMICAL OXYGEN DEMAND or BOD: “Shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20° Celsius, measured in milligrams per liter as described in Standard Methods for the Examination of Water and Wastewater, a joint publication of the American Public Health Association, the American Water Works Association, and the Water Environment Federation.

BUILDING SEWER: Shall mean that part of the sewer piping beginning two (2) feet from the exterior wall of a building structure or foundation and extending to a connection with the public sewer.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD: Shall mean any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C.1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

CESSPOOL: Shall mean an excavation or underground structure which receives any discharge of a drainage system and is constructed to retain organic matter and solids discharged therein, but which permits the liquids to seep through the bottom and sides.

CHIMNEY: Shall mean a vertical section of a sewer pipe extending either from a tee set ninety (90) degrees to the main line, or from a wye. All Chimneys will be suitably reinforced with concrete. Chimneys constructed with a wye shall include a one-eighth bend set vertically.

CITY: Shall mean the City of Burbank or its duly authorized representatives.

CLARIFIER: Shall mean a device or structure which separates and retains suspended solids, settleable solids, deleterious, or undesirable matter from wastes prior to discharge into the public sewer.

CONTROL MECHANISM: Shall mean wastewater discharge permit, wastewater discharge authorization, or special agreement.

DIRECTOR: Shall mean the Public Works Director of the City of Burbank or their designee.

DOMESTIC WASTEWATER (DOMESTIC SEWAGE): Shall mean water bearing wastes derived from the ordinary living processes and of such character as to permit satisfactory disposal to, and treatment in, a POTW.

EFFLUENT: Shall mean the liquid flowing out of any facility operated for treatment of sewage or industrial waste.

ENVIRONMENTAL PROTECTION AGENCY or EPA: Shall mean the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

EXISTING SOURCE: Shall mean any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

FOOD SERVICE ESTABLISHMENT: Shall mean a facility engaged in preparing food for consumption by the public such as a restaurant, commercial kitchen, caterer, hotel, school, hospital, prison, correctional facility, or care institution.

GRAB SAMPLE: Shall mean a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.

GREASE INTERCEPTOR: Shall mean an interceptor of at least 750 gallons capacity to serve one or more fixtures and which shall be remotely located.

GREASE TRAP: Shall mean a device designed to retain grease from one to a maximum of four fixtures.

GROSS FLOOR AREA: Shall mean the area included within the exterior of the surrounding walls of a building or portions thereof, exclusive of courts.

INDIRECT DISCHARGE: Shall mean the introduction of pollutants into a POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.

INDUSTRIAL WASTE PRETREATMENT: Shall mean any works or device for the treatment of industrial waste prior to discharge into the public sewer.

INDUSTRIAL WASTEWATER (INDUSTRIAL WASTE): Shall mean any water bearing waste excluding domestic wastewater.

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT: Shall mean the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERCEPTOR SEWER: Shall mean a collecting sewer that intercepts and collects the sewage from a number of building sewers or local public sewers.

INTERFERENCE: Shall mean a discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts a POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

LOT: Shall mean any piece or parcel of land, as bounded, defined or shown upon the latest map, plat or deed recorded in the office of the County Recorder of Los Angeles County, provided, however, that in the event any building or improvements appurtenant to said building covers more area than a “lot,” as herein defined, the term “lot” shall be deemed to be and include all such pieces or parcels of land upon which said buildings or improvements are wholly or partly located.

MAINTENANCE HOLE: Shall mean an access structure to a public sewer or storm drain, usually located in a street, alley or right-of-way, usually covered by a flat metal hatch.

MEDICAL WASTE: Shall mean cultures and stocks of infectious agents and associated biologicals, including cultures from medical and pathological laboratories, cultures and stocks

of infectious agents from research and industrial laboratories, wastes from the production of biologicals, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix cultures; pathological wastes, including tissues, organs, and body parts that are removed during surgery or autopsy; waste human blood and products of blood, including serum, plasma, and other blood components; sharps that have been used in patient care or in medical, research, or industrial laboratories, including hypodermic needles, syringes, pasteur pipettes, broken glass, and scalpel blades; contaminated animal carcasses, body parts, and bedding of animals that were exposed to infectious agents during research, production of biologicals, or testing of pharmaceuticals; wastes from surgery or autopsy that were in contact with infectious agents, including soiled dressings, sponges, drapes, lavage tubes, drainage sets, underpads, and surgical gloves; laboratory wastes from medical, pathological, pharmaceutical, or other research, commercial, or industrial laboratories that were in contact with infectious agents, including slides and cover slips, disposable gloves, laboratory coats, and aprons; dialysis wastes that were in contact with the blood of patients undergoing hemodialysis, including contaminated disposable equipment and supplies such as tubing, filters, disposable sheets, towels, gloves, aprons, and laboratory coats; discarded medical equipment and parts that were in contact with infectious agents; biological waste and discarded materials contaminated with blood, excretion, exudates or secretion from human beings or animals who are isolated to protect others from communicable diseases; and such other waste material that results from the administration of medical care to a patient by a health care provider and is found to pose a threat to human health or the environment.

MUNICIPAL SERVICE BILL: Shall mean a bill that is sent to a person for any municipal services rendered to that person, property, or location.

NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD or STANDARD: Shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the Act, which applies to Industrial Users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES PERMIT): Shall mean a permit issued pursuant to Section 402 of the Act.

NEW SOURCE: Shall mean:

(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 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 or wastewater generating processes of the building, structure, facility, or installation are 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 Section (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.

(3)    Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

(a)    Begun, or caused to begin, as part of a continuous onsite 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 which is necessary for the placement, assembly, or installation of new source 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 paragraph.

NONCONTACT COOLING WATER: Shall mean water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE: Shall mean a classification pursuant to the North American Industry Classification System Manual issued by the United States Office of Management and Budget.

PASS THROUGH: Shall mean a discharge which exits a 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 City’s NPDES permit, including an increase in the magnitude or duration of a violation.

PEAK FLOW: Shall mean the maximum thirty (30) minute rate of wastewater flow to be generated from the premises as estimated by the Director.

PERSON: Shall mean any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

PH: Shall mean a measure of the acidity or alkalinity of a solution, expressed in standard units.

PHENOLS: Shall mean all organic compounds which contain a phenolic group as measured and detected by EPA Method 420.1.

POLLUTANT: Shall mean 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, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, toxicity, or odor).

POLLUTION: Shall mean an impairment in the quality of the underground or surface waters by sewage or industrial waste which adversely affects the use of such waters for domestic, industrial, agricultural, or other beneficial purposes.

PRETREATMENT: Shall mean 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 a 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.

PRETREATMENT REQUIREMENTS: Shall mean any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES: Shall mean absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 8-1-501 of this chapter.

PUBLIC SEWER: Shall mean any sewer, other than a portion of building sewer within the street or public right of way, which has been constructed in a public street, alley, walk, or other public place, or in an easement.

PUBLICLY OWNED TREATMENT WORKS or POTW: Shall mean a TREATMENT WORKS, as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the City. 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.

RULES, POLICIES AND GUIDELINES: Shall mean rules, policies and guidelines prescribed by the Director governing the disposal of industrial wastewater to the sanitary sewer, storm drain systems of the City of Burbank or to the Waters of the State.

SEPTIC TANK: Shall mean a watertight receptacle which receives the discharge from a sewer system, which retains solids, digests organic matter, and permits the liquids to discharge into the soil through a cesspool, leach-field or other method.

SEPTIC TANK WASTE: Shall mean any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

SEWAGE: Shall mean human excrement and gray water (household showers, dishwashing operations, etc.).

SANITARY SEWER: Shall mean the conduit that carries wastewater in the sanitary sewer system.

SANITARY SEWER SYSTEM: Shall mean all of the property involved in the collection, treatment and disposal of wastewater of the community including land, sewers and appurtenances, pumping stations, treatment works and equipment.

SIGNIFICANT INDUSTRIAL USER: Shall mean:

(1)    A user subject to categorical pretreatment standards; or

(2)    A user that:

(a)    Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW or public sewer (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

(b)    Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW; or

(c)    Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

(d)    All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N

(3)    The Control Authority may determine that an Industrial User subject to categorical Pretreatment Standards under § 403.6 and 40 CFR chapter I, subchapter N is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met:

(i)    The Industrial User, prior to the Control Authority’s finding, has consistently complied with all applicable categorical Pretreatment Standards and Requirements;

(ii)    The Industrial User annually submits the certification statement required in § 403.12(q) together with any additional information necessary to support the certification statement; and

(iii)    The Industrial User never discharges any untreated concentrated wastewater.

(4)    Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting a POTW’s operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

SIGNIFICANT NONCOMPLIANCE: Shall mean a violation by a significant industrial user that meets one or more of the following criteria, or any user whose violation(s) meets criteria (3), (4) or (8):

(1)    Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter during a 6 month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);

(2)    Technical Review Criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a 6 month period equal or exceed the product of the numeric Pretreatment Standard or Requirement including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(3)    Any other violation of a Pretreatment Standard or Requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Director 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 pollutants that have caused imminent endangerment to human health, welfare or to the environment or has resulted in the Director’s exercise of their emergency authority under Section 8-1-509.7 to halt or prevent such a discharge;

(5)    Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(6)    Failure to provide, within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7)    Failure to accurately report noncompliance; or

(8)    Any other violation or group of violations, which may include a violation of Best Management Practices, which the Director determines will adversely affect the operation or implementation of the local Pretreatment program.

SLUG LOAD or SLUG: Shall mean any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the City’s regulations, local limits or permit conditions.

SOLID WASTES: Shall mean wastes that are not water-carried and that are suitable for disposal with refuse at sanitary landfill refuse disposal sites.

STANDARD LABORATORY PROCEDURE: Shall mean the procedures as set forth in the Standard Methods for the Examination of Water and Wastewater, a joint publication of the American Public Health Association, the American Water Works Association, and the Water Environment Federation.

STATE: Shall mean the State of California.

STORM DRAIN SYSTEM: Shall mean all of the property involved in the operation of the storm drainage collection, treatment and disposal system in the City of Burbank, including conduits, natural or artificial drains, channels and watercourses, together with appurtenances, pumping stations and equipment.

STORM WATER: Shall mean any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including storm water runoff, surface runoff, snowmelt runoff and drainage.

SUSPENDED SOLIDS: Shall mean the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering, measured in milligrams per liter as described in Standard Methods for the Examination of Water and Wastewater, a joint publication of the American Public Health Association, the American Water Works Association, and the Water Environment Federation.

TAP: Shall mean the forming of a connection to a public sewer after the sewer is in place.

TRADE SECRETS: Shall mean any formulas, plans, processes, tools, mechanisms, procedures, compilations of information, or other materials or methods which are not patented, which are known only to certain individuals within a commercial concern and are used to fabricate, produce or compound an article of trade or a service having commercial value, and which provide an opportunity for a business advantage over competitors.

USER or INDUSTRIAL USER: Shall mean a source of indirect discharge.

WASTEWATER DISCHARGE AUTHORIZATION: Shall mean the revocable permission to discharge wastewater to the public sewer subject to technically based limits on wastewater constituents and characteristics.

WASTEWATER DISCHARGE PERMIT: Mean the periodically renewable, revocable permission to discharge non-residential wastewater to the public sewer subject to technically based limits on wastewater constituents and characteristics.

WASTEWATER: Shall mean 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 a POTW.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT: Shall mean that portion of a POTW which is designed to provide treatment of municipal sewage and industrial waste.

WATERCOURSE: Shall mean a natural or artificial channel for the flow of storm or surface waters.

WATERS OF THE STATE: Shall mean all saline waters, streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State of California or any portion thereof.

WYE SADDLE: Shall mean a short pipe fitting with a shoulder at one end to allow the application of a fitting to a hole tapped in the public sewer forming a forty-five (45) degree angle to the public sewer pipe.

B.    ABBREVIATIONS: The acronyms of sets of letters set forth in this subsection, when used in this chapter, shall stand for and be understood and may be accepted or used as abbreviations for those terms or phrases set forth opposite each:

BOD

-

Biochemical Oxygen Demand

CFR

-

Code of Federal Regulations

CRWQCB

-

California Regional Water Quality Control Board

EPA

-

U.S. Environmental Protection Agency

gpd

-

gallons per day

mg/l

-

milligrams per liter

NPDES

-

National Pollutant Discharge Elimination System

POTW

-

Publicly Owned Treatment Works

RCRA

-

Resource Conservation and Recovery Act

NAICS

-

North American Industry Classification System

TSS

-

Total Suspended Solids

U.S.C.

-

United States Code.

[Formerly numbered Section 25-1. Amended by Ord. No. 16-3,889, eff. 1/20/17; 13-3,848, 3784, 3739, 3721, 3677, 3137, 3035, 2589.]

8-1-103: APPLICABILITY:

A.    Facilities: This chapter shall apply to all sanitary sewer and storm drain facilities in the City, including public sewers, building sewers, industrial/commercial connection sewers, interceptors, the storm drain system, sewage and industrial waste treatment plants, sewage pumping plants, and their appurtenances.

B.    Discharges: This chapter shall apply to all discharges to the sanitary sewer or storm drain system of the City. [Formerly numbered Section 25-2.1. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035; 2589.]

8-1-104: LIQUID WASTE DISPOSAL POLICY (GENERAL):

A.    General: Liquid wastes originating within the City shall be removed by the City sanitary sewer system unless the wastes damage structures, create nuisances such as odors, menace public health, safety and welfare, impose unreasonable collection, treatment or disposal costs on the City, violate requirements prescribed by government agencies, interfere with wastewater treatment processes, or detrimentally affect the environment, as determined by the Director. No person shall introduce or cause to be introduced into the POTW or public sewer any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW and/or public sewer whether or not they are subject to categorical pretreatment standards or any other Federal, State, or local pretreatment standards or requirements.

B.    Sewer Connection Required: Every building or structure in which plumbing fixtures are installed, and every premises having piping thereon which conveys wastewater or other liquid waste, shall be connected to the sanitary sewer system.

C.    Highest and Best Use: The highest and best use of the City sewer system is the conveyance, treatment and disposal of domestic wastewater.

D.    Water Reclamation: In compliance with requirements of applicable Federal and State agencies, the City is committed to a policy of wastewater reclamation and reuse in order to provide an alternate source of water for nonpotable use and to reduce costs of wastewater treatment and disposal. [Formerly numbered Section 25-2.3. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

8-1-105: INDUSTRIAL WASTEWATER DISPOSAL; GENERAL PROVISIONS:

A.    Policy: It is the policy of the City of Burbank to assure that the highest and best use of the POTW and public sewer system is for the collection, treatment and disposal of domestic wastewater, and that the highest and best use of the storm drain system is for the collection and disposal of storm water. The use of the sanitary sewer system for industrial wastewater is a privilege which is subject to the requirements of this article, and all applicable Federal, State, or local regulations.

B.    Scope: This section provides for the regulation of dischargers to the POTW, the public sewers, the storm drain system, and waters of the State through the issuance of control mechanisms containing specific discharge requirements and through enforcement of general discharge prohibitions; authorizes monitoring and enforcement activities; imposes reporting requirements on specific permittees; and sets fees for the recovery of program costs. This section shall apply to all dischargers within the City of Burbank and to all persons outside the City of Burbank who discharge to the City’s sewer system. Except as otherwise provided herein, the Director shall administer, implement and enforce the provisions of this section. [Amended by Ord. No. 3677, eff. 8/20/05; 3137.]

8-1-106: MINIMUM STANDARDS FOR SEWAGE PLANTS:

Private sewage and industrial waste pretreatment systems and facilities shall produce effluents for discharge to the City sanitary sewer that meet requirements of the Director as described in this chapter and/or a wastewater discharge permit. If the discharge is to a storm drain system, the requirements of the CRWQCB and applicable sections of this code must be met. [Formerly numbered Section 25-105. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

8-1-107: MAINTENANCE OF SEWERS, CLARIFIERS, PRIVATE SEWAGE AND INDUSTRIAL WASTE PRETREATMENT SYSTEM AND APPURTENANCES:

All building sewers, clarifiers, sewage and industrial waste pretreatment facilities, sewage pumping plants and their appurtenances shall be maintained in good operating condition and in conformity with applicable law by the owner of the property which such facilities serve. [Formerly numbered Section 25-106. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

8-1-108: BURBANK FEE RESOLUTION:

All fees, penalties, refunds, reimbursements, and charges of any kind collected by the City pursuant to the provisions of this chapter shall be specified in the Burbank Fee Resolution, as amended by the Council from time to time. Whenever applicable throughout this chapter, reference shall be made to the Burbank Fee Resolution in lieu of any reference to specific fee amounts. [Added by Ord. No. 3035. Amended by Ord. No. 3677, eff. 8/20/05; 3137.]

8-1-109: RULES, POLICIES AND GUIDELINES:

The Director may prescribe from time to time as the Director deems necessary or desirable, rules, policies and guidelines, not in conflict with this chapter, relating to conditions of service and application, administration, and interpretation of rates in the Burbank Fee Resolution, and the provisions set forth in this chapter. Upon any failure to comply with the rules, policies and guidelines of the Director, or to pay rates or to pay any fee, charge, or penalty prescribed by this chapter or as may be provided in the Burbank Fee Resolution, sewer service may be disconnected until the rules, policies and guidelines have been complied with and all appropriate fees, charges, or penalties have been paid. [Added by Ord. No. 3035. Amended by Ord. No. 3677, eff. 8/20/05; 3137.]

ARTICLE 2. ADMINISTRATION AND ENFORCEMENT

8-1-201: ADMINISTRATION BY DIRECTOR3:

The Director shall administer and enforce the provisions of this chapter and supervise the construction of public sewers and storm drains in streets and public easements owned by the City. Nothing in this section shall be construed as limiting or otherwise affecting the powers and duties of the Health Officer. [Formerly numbered Section 25-7. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

8-1-202: ADOPTION OF RULES, POLICIES AND GUIDELINES:

The Director may prescribe rules, policies and guidelines not inconsistent with this chapter as are reasonably necessary for the lawful and efficient operation of the sewer system of the City. Such rules, policies and guidelines shall become effective when adopted by the Director. [Formerly numbered Section 25-8. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

8-1-203: ENTRY AND INSPECTION ON PRIVATE PROPERTY:

A.    Entry: Except as otherwise provided in Article 5 of this chapter, in administering and enforcing the provisions of this chapter, the Director may at any reasonable hour enter upon any premises, subject to approval of the occupant, or if refused, after obtaining an appropriate warrant.

B.    Emergency Entry; Denial Constitutes Misdemeanor: Notwithstanding the foregoing, if the Director has reasonable cause to believe that there are violations of this chapter occurring that are so hazardous, unsafe or dangerous as to require immediate inspection to protect the public health or safety, they shall have the right to immediately enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property is occupied, they shall first present proper credentials to the occupant and demand entry, explaining their reasons therefor and the purpose of their inspection. Failure or refusal to permit inspection shall constitute a misdemeanor.

C.    Inspection: Except as otherwise provided in Article 5 of this chapter, inspection of every facility involved with the discharge of wastewater of the City sewer system may be made by the Director. These facilities shall include, but not be limited to, sewers, sewage pumping plants, pollution control plants, all industrial processes, industrial wastewater generation, conveyance and pretreatment facilities, and similar facilities. Inspections may be made to determine whether such facilities comply with the provisions of this chapter.

Access to such facilities shall be given to authorized personnel of the City at all reasonable times and whenever emergency conditions exist. Any obstruction to access to the sewage facility to be inspected shall promptly be removed by the facility user or owner at the written or verbal request of the Director and shall not be replaced.

No person shall interfere with, delay or refuse entrance to authorized City personnel attempting to inspect any facility connected directly or indirectly to the City sewer system. [Formerly numbered Section 25-205. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

8-1-204: PURPOSE OF INSPECTIONS:

In addition to provisions relating to the inspection of industrial wastewater facilities as set forth herein, the Director may enter private property to exercise any power vested in them by this chapter, including, but not limited to, the power to determine:

A.    The size, depth and location of any connection with a public sewer or storm drain;

B.    The quantity, quality and nature of industrial waste, sewage or surface waters being discharged into a public sewer, storm drain or watercourse;

C.    The effectiveness of any device used to prevent waste prohibited by this chapter from entering any sewer, storm drain or watercourse;

D.    The location of roof, swimming pool and surface drains, and whether they are connected to street gutter, storm drain or sewer;

E.    The nature and quantity of flow in any open watercourse or storm drain;

F.    The nature of liquids and the condition of processing equipment which are a potential hazard to the City sewer system;

G.    Whether there is compliance with the provisions of this chapter. [Formerly numbered Section 25-206. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

8-1-205: SEWER ENTERPRISE FUND:

All fees received by the City under this chapter shall be deposited in a Sewer Enterprise Fund maintained by the City Treasurer. The monies received and interest thereon shall be used for the operation, maintenance, and expansion of the City sanitary sewer and storm drain system except as limited by Section 8-1-206 of this article. [Formerly numbered Section 25-212. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

8-1-206: RESERVE ACCOUNTS:

The Sewer Enterprise Fund shall include several restricted use accounts including replacement account, capital account, and operations reserve account.

A.    Replacement Account: Monies added to the replacement account each year shall be equal to the amount of depreciation regularly accounted in the books of the Sewer Enterprise Fund. Monies accumulated in the replacement account shall be expended on capital replacement, including equipment acquisition and facilities construction whether by contract or by force account.

B.    Capital Account: Monies added to the capital account shall be revenue generated by sewer facilities charges. Monies accumulated in the capital account shall be expended on capital expansion projects.

C.    Operations Reserve Account: Monies added to the operations reserve account shall be the amount budgeted each year to be funded from revenue generated from sewer service charges. Monies accumulated in the operations reserve account are intended to cover extraordinary operation and maintenance cash requirements and monies may be transferred out of the operations reserve account by the Director at any time. [Added by Ord. No. 3035. Amended by Ord. No. 3677, eff. 8/20/05; 3137.]

ARTICLE 3. CONNECTION TO PUBLIC SEWERS4

8-1-301: PERMIT:

A.    PERMIT REQUIRED.

No person shall construct new public sewers or portions of building sewer within the street or public right of way or connect to, repair, or tap an existing public sewer or portion of building sewer within the street or public right of way of this City or maintain a connection or tap to such sewer without obtaining approval from the Director. A condition of approval may include an approved study demonstrating that sufficient capacity exists in the sewer system to handle the new connection. Approval may be given through a permit process or by signature on engineered plans.

B.    PLANS AND SPECIFICATIONS.

Sewerage construction shall meet all design requirements as established by the Director. [Formerly numbered Section 25-18. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035.]

8-1-302: EXCAVATIONS:

No permit to connect to or tap a public sewer shall be issued unless a permit is also obtained under Chapter 13, Article 2 of this Code, if applicable. [Formerly numbered Section 25-19. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035.]

8-1-303: WHEN EASEMENT REQUIRED:

No permit shall be issued to connect a building sewer to a public sewer if the connection or any portion thereof is in, under, or on a lot not owned by the person whose building is to be connected and no recorded easement exists authorizing the connection of such lot. [Formerly numbered Section 25-20. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

8-1-304: EXCESSIVE DISCHARGE OF SEWAGE:

The Director may require a discharger to restrict discharge until sufficient capacity is available, or to construct a public sewer to provide sufficient capacity. The City may refuse service to persons locating facilities in areas where their proposed quantity or quality of sewage or industrial wastewater is unacceptable, as determined by the Director. A condition of approval for redevelopment may include an approved study demonstrating that sufficient capacity exists in the sewer system to handle the proposed discharge increase. [Formerly numbered Section 25-21. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

8-1-305: ENVIRONMENTAL IMPACT REPORT:

No permit to connect to or tap a public sewer shall be issued if the proposed use of the public sewer may have a significant effect on the environment until an environmental impact report is prepared, processed and considered in accordance with the provisions of Title 9, Chapter 3, Article 1, of this Code. [Added by Ord. No. 2383. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035.]

8-1-306: SEWAGE DISCHARGED FROM ANIMALS:

This section shall apply to all animal care, animal boarding, animal washing or grooming facilities, and all similar types of facilities. All wastewater such as animal excretions, flushing water from areas accessible to animals shall be discharged into the City sewers. Rainfall and runoff waters from unpaved areas shall not be discharged into the City sewers. Before causing any such discharge, a wastewater discharge permit shall be obtained from the Director. [Added by Ord. No. 2589. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035.]

8-1-307: FEES5:

Except as otherwise provided in this chapter, no permit to connect to or tap a public sewer shall be issued until the prescribed sewer connection fee has been paid to the City. [Formerly numbered Section 25-22. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

8-1-308: SPECIFICATION AND GRADE:

Connections to public sewers shall comply with the following:

A.    Portions of building sewers within the street or public right of way shall be made with vitrified clay pipe, or other material, approved by the Director.

B.    The portions of building sewers within the street or public right of way shall be laid in a straight alignment and at a uniform slope, and shall have a fall of at least one (1) foot in fifty (50) feet unless the Director determines that an exception is warranted.

C.    The pipe must be at least five (5) feet below curb grade and where it crosses the property line at least three and one-half (3 1/2) feet below the established grade of the street on the date of installation.

D.    The alignment of the portion of the building sewer within the street or public right of way must be at right angles from the connection to the public sewer unless the Director determines that an exception is warranted.

E.    A collar wye or tee saddle shall be installed in tapped public sewers by cutting a properly proportioned hole in the public sewer and fitting the saddle snugly in place. Wye saddles shall be placed in the side of the public sewer with the wye branch so pointed as to direct the flow from the building sewer downstream at approximately a forty-five (45) degree angle with the public sewer, and tilted upward at approximately forty-five (45) degrees from the horizontal. Tee saddles shall be used for the construction of chimney pipes and for connections to twelve (12) inch diameter and larger public sewers and tilted upward at approximately forty- five (45) degrees from the horizontal or as approved by the Director.

F.    No building or industrial waste connections to a public sewer shall be made, except through a wye or tee branch, without written permission from the Director.

G.    A City approved maintenance hole must be constructed by the developer for the connection of any building sewer that is 8" in diameter or larger unless otherwise approved by the Director.

H.    A City approved maintenance hole must have a maintenance hole lid diameter of a minimum of 30 inches unless otherwise approved by the Director.

I.    All construction must comply with the most recent version of the Standard Specifications for Public Works Construction unless otherwise approved by the Director.

J.    Final horizontal and vertical alignment shall be approved by the Director.

K.    Any building sewer 8" in diameter or greater must comply with public sewer design guidelines approved by the Director. [Formerly numbered Section 25-30. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

8-1-309: BUILDING SEWERS TO SERVE ONLY ONE LOT:

No more than one (1) lot shall be connected to any one (1) building sewer unless approved by the Director. [Formerly numbered Section 25-31. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035.]

8-1-310: DISCONNECTION OF UNLAWFUL CONNECTION:

The Director may disconnect any building sewer installed or maintained in violation of the provisions of this chapter. Reconnection of such a disconnected sewer shall be made only upon issuance of a permit as provided in this chapter. Before such permit is issued, the applicant shall reimburse the City for the cost of the disconnection. [Formerly numbered Section 25-35. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

8-1-311: COST OF REPAIR TO A PUBLIC SEWER:

Any person who obstructs, damages, destroys or removes any public sewer, the POTW, or appurtenance thereof, shall reimburse the City for the reasonable costs of the necessary flushing, cleaning, repairing, reconstructing and maintenance of the sewer within thirty (30) days after written request from the Director to do so. [Formerly numbered Section 25-36. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035.]

8-1-312: COST OF REPAIR TO A BUILDING SEWER:

The City may reimburse a property owner for the cost to repair or replace that portion of a building sewer that has been crushed or moved out of alignment by the root system of a city parkway tree if the property owner can show to the satisfaction of the Public Works Director or their designee that the city tree root was the cause of the crushed or misaligned sewer provided that reimbursement will only be allowed if the proper permit(s) are obtained and inspection is made by the Director prior to the removal of any damaged pipe. Reimbursement will be limited to that amount designated in the Burbank Fee Resolution. In all other respects, the obligation to maintain and repair the building sewer remains the obligation of the property owner to which said sewers are appurtenant per Sec. 8-1-107. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-313: BACKWATER VALVES:

New and remodeled properties are required to install, operate, and maintain an approved backwater valve on their building sewer unless it can be shown that all fixtures contained therein have flood level rim elevations above the elevation of the next upstream maintenance hole cover of the public sewer serving the property, or a conditional waiver is granted by the Director. All buildings to be newly constructed are subject to backwater valve requirements. Existing buildings with planned modifications having a building permit valuation of $50,000 or more are also subject to backwater valve requirements. Existing buildings having building sewers replaced, or having building sewers repairs made with an aggregate length in excess of 10', are also subject to backwater valve requirements. The backwater valve shall be installed in a concrete box or other material approved by the City Building Department and shall be readily accessible at all times. [Added by Ord. No. 3677, eff. 8/20/05.]

ARTICLE 4. DISCHARGE INTO MAINTENANCE HOLE

8-1-401: OPENING MAINTENANCE HOLE:

No person shall open, enter, or allow to remain open, any maintenance hole in any public sewer without a permit from the Director. [Formerly numbered Section 25-37. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]

ARTICLE 5. INDUSTRIAL WASTE AND DISPOSAL

8-1-501: GENERAL DISCHARGE REQUIREMENTS:

8-1-501.1: DISCHARGE PROHIBITIONS:

A.    GENERAL PROHIBITIONS: No person 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 and public sewers whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements.

B.    SPECIFIC PROHIBITIONS: No user shall introduce or cause to be introduced into the POTW or public sewer the following pollutants, substances, or wastewater:

(1)    Pollutants which create a fire or explosive hazard in the POTW or public sewer, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140°F(60°C) using the test methods specified in 40 CFR 261.21;

(2)    Wastewater having a pH less than 5.0 or more than 11.0 following Federal Standards for unpermitted Industrial Users, or otherwise causing corrosive structural damage to the POTW, public sewer, or equipment;

(3)    Wastewater having a pH less than 5.5 or more than 9.5 following Local Limits for permitted Industrial Users, or otherwise causing corrosive structural damage to the POTW, public sewer, or equipment;

(4)    Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW and/or public sewer resulting in interference but in no case solids greater than three-eighths inch(es) (3/8") or one centimeter (1 cm) in any dimension;

(5)    Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with a POTW;

(6)    Wastewater having a temperature greater than 140°F (60°C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104°F (40°C);

(7)    Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

(8)    Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

(9)    Trucked or hauled pollutants, except at discharge points designated by the Director in accordance with Section 8-1-502.4 of this chapter;

(10)    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;

(11)    Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the City’s NPDES permit;

(12)    Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;

(13)    Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Director;

(14)    Sludges, screenings, or other residues from the pretreatment of industrial wastes;

(15)    Medical wastes, except as specifically authorized by the Director in a wastewater discharge permit;

(16)    Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test;

(17)    Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;

(18)    Any waste or wastewater, if in the opinion of the Director, the discharge may have an adverse or harmful effect on the sewerage system, sewers, maintenance personnel, wastewater treatment plant personnel or equipment, treatment plant effluent quality, or public or private property, or may otherwise endanger ecological systems or create a public nuisance.

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 and/or public sewer. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 16-3,889, eff. 1/20/17; 3721.]

8-1-501.2: NATIONAL CATEGORICAL PRETREATMENT STANDARDS:

The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated into this chapter.

A.    Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

B.    When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Director may impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).

C.    A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

D.    A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-501.3: STATE PRETREATMENT STANDARDS:

State pretreatment standards located at California Water Code Section 13000 et seq., are hereby incorporated. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-501.4: LOCAL LIMITS:

Local limits listed below apply at the point where the wastewater is discharged to the POTW and/or public sewer. All concentrations for metallic substances are for “total” metal unless indicated otherwise. The Director may impose mass limitations in addition to, or in place of, the concentration based limitations.

Except where more restrictive limitations are imposed by permit or national categorical pretreatment standards, no person shall introduce wastewater to the POTW that exceeds the following limitations at all times. The local limits are instantaneous maximum limits.

Arsenic

3 mg/l

Cadmium

15 mg/l

Chloride

275 mg/l

Chromium (hexavalent)

3 mg/l

Chromium (total)

10 mg/l

Copper

15 mg/l

Cyanide (total)

10 mg/l

Cyanide (free)

2 mg/l

Dissolved sulfides

0.1 mg/l

Lead

5 mg/l

Nickel

12 mg/l

pH range

5.5-9.5 s.u.

Phenols

1.5 mg/l

Selenium

1 mg/l

Silver

5 mg/l

Sulfate

420 mg/l

Suspended solids (shall not include hydroxide of heavy metals and toxicants)

1,000 mg/l

Total dissolved solids

1,200 mg/l

Zinc

25 mg/l

Dispersed oil and grease (total)

300 mg/l

Floatable oil and grease

None visible

[Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 19-3,927, eff. 1/17/20; 3784.]

8-1-501.5: CITY’S RIGHT OF REVISION:

The City reserves the right to establish, by municipal code, resolution, or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW and public sewer. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-501.6: 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. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-502: PRETREATMENT OF WASTEWATER:

8-1-502.1: 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 8-1-501.1 of this article 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 and/or acceptance 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. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-502.2: ADDITIONAL PRETREATMENT MEASURES:

A.    Whenever deemed necessary, the Director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect a POTW or public sewer and determine the user’s compliance with the requirements of this chapter.

B.    The Director may require any person discharging into the POTW and/or public sewer to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

C.    Grease interceptors or traps, oil separators, and/or grit interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or grit; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors, traps, and/or separators shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.

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

E.    Food service establishment (FSE) requirements. FSEs are required to install, operate, and maintain an approved type and adequately sized, remotely located and readily accessible, grease interceptor, unless a conditional waiver is granted by the Director. All FSEs to be newly constructed are subject to grease interceptor requirements. Existing FSEs with planned modifications having a building permit valuation of fifty thousand dollars ($50,000.00) or more are also subject to grease interceptor requirements.

All grease interceptors must be approved by the Director. At the sole discretion of the Director, an FSE determined to have no immediate adverse impact on the public sewer may be granted a conditional waiver from grease interceptor installation requirements. The Director may, at any time, revoke this conditional waiver and require the FSE to install a grease interceptor. If an FSE can demonstrate that installation of a grease interceptor is not feasible due to space constraints or other considerations, the Director may issue a variance from grease interceptor requirements and authorize the installation of alternative grease removal devices. Alternative grease removal devices include, but are not limited to, devices that are used to trap, separate and hold grease from wastewater and prevent it from being discharged into the public sewer. All alternative grease removal devices must be approved by the Director, on a case by case basis. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-502.3: ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS:

The Director may evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Director may develop such a plan for any user. An accidental discharge/slug 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 505.6 of this chapter; 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 containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-502.4: HAULED WASTEWATER:

Hauled wastewater, except for recreational vehicles disposed in an approved dump location, may not be disposed to the POTW or public sewer. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-503: WASTEWATER DISCHARGE PERMIT APPLICATION:

8-1-503.1: WASTEWATER ANALYSIS:

When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-503.2: CONTROL MECHANISM REQUIREMENT:

A.    No significant industrial user shall discharge wastewater into the POTW and/or public sewer without first obtaining a wastewater discharge permit from the Director, except that a significant industrial user that has filed a timely application pursuant to Section 8-1-503.3 of this article may continue to discharge for the time period specified therein.

B.    The Director may require other users to obtain control mechanisms as necessary to carry out the purposes of this chapter.

C.    Any violation of the terms and conditions of a control mechanism shall be deemed a violation of this chapter and subjects the user to the sanctions, fines, or penalties set out in Sections 8-1-509 through 8-1-511 of this article. Obtaining a control mechanism does not relieve a user of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-503.3: ISSUING CONTROL MECHANISMS; EXISTING CONNECTIONS:

Any user required to obtain a control mechanism who was discharging wastewater into the POTW and/or public sewer prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the Director for a control mechanism in accordance with Section 8-1-503.5 of this article, and shall not cause or allow discharges to the POTW and/or public sewer to continue after ninety (90) days of the effective date of this chapter except in accordance with a control mechanism issued by the Director. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-503.4: ISSUING CONTROL MECHANISMS; NEW CONNECTIONS:

Any user required to obtain a control mechanism who proposes to begin or recommence discharging into the POTW or public sewer must obtain such control mechanism prior to the beginning or recommencing of such discharge. An application for this control mechanism, in accordance with Section 8-1-503.5 of this article, must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-503.5: WASTEWATER DISCHARGE PERMIT APPLICATION CONTENTS:

All users required to obtain a control mechanism must submit a wastewater discharge permit application. The Director may require all users to submit as part of an application the following information:

A.    All information required by subsection 8-1-505.1B of this article;

B.    Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW and/or public sewer;

C.    Number and type of employees, and hours of operation;

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

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

F.    Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

G.    Time and duration of discharges; and

H.    Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge application.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-503.6: APPLICATION SIGNATORIES AND CERTIFICATION:

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

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

[Added by Ord. No. 3677, eff. 8/20/05.]

8-1-503.7: CONTROL MECHANISM DECISIONS:

The Director will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge application, the Director will determine whether or not to issue a control mechanism. The Director may deny any application for a control mechanism. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-504: CONTROL MECHANISM ISSUANCE PROCESS:

8-1-504.1: CONTROL MECHANISM DURATION:

A.    A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.

B.    Wastewater discharge authorization shall be issued for an indefinite time period, subject to review and reconsideration at the discretion of the Director.

C.    Special agreements shall be issued for a specified time period, set forth in the terms of the special agreement. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-504.2: CONTROL MECHANISM CONTENTS:

A control mechanism shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW, and/or public sewer.

A.    Wastewater discharge permits must contain:

(1)    A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;

(2)    A statement that the wastewater discharge permit may only be transferred in accordance with Title 8-1-504.5.

(3)    Effluent limitations, including Best Management Practices, based on applicable pretreatment standards.

(4)    Monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, frequency, and sample type based on Federal, State, and local law.

(5)    A statement of applicable civil and criminal penalties for violations 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, and local law.

B.    Waste Discharge Permits may contain, but need not be limited to, the following conditions:

(1)    Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

(2)    Requirements for the installation and maintenance of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the City’s collection system;

(3)    Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;

(4)    Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the City’s collection system;

(5)    The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the City’s collection system;

(6)    Requirements for the installation and maintenance of inspection and sampling facilities and equipment;

(7)    A statement that compliance with the Waste Discharge Permit does not relieve the permittee of responsibility for compliance with all applicable Federal, State pretreatment standards, including those which become effective during the term of the Waste Discharge Permit;

(8)    When the limits in a categorical Pretreatment Standard are expressed only in terms of pollutant concentrations, an Industrial User may request that the Control Authority convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Director. The Director may establish equivalent mass limits only if the Industrial User meets all the following conditions:

(a)    To be eligible for equivalent mass limits, the Industrial User must:

(1)    Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its control mechanism;

(2)    Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical Pretreatment Standard, and not have used dilution as a substitute for treatment;

(3)    Provide sufficient information to establish the facility’s actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility’s long-term average production rate. Both the actual average daily flow rate and long-term average production rate must be representative of current operating conditions;

(4)    Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the Discharge; and

(5)    Have consistently complied with all applicable categorical Pretreatment Standards during the period prior to the Industrial User’s request for equivalent mass limits.

(b)    An Industrial User subject to equivalent mass limits must:

(1)    Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

(2)    Continue to record the facility’s flow rates through the use of a continuous effluent flow monitoring device;

(3)    Continue to record the facility’s production rates and notify the Director whenever production rates are expected to vary by more than 20 percent from its baseline production rates determined in paragraph (B)(8)(a)(3) of this section. Upon notification of a revised production rate, the Director must reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

(4)    Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to paragraph (B)(8)(a)(1) of this section so long as it discharges under an equivalent mass limit.

(c)    If the Director chooses to establish equivalent mass limits, they:

(1)    Must calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the Industrial User by the concentration-based daily maximum and monthly average Standard for the applicable categorical Pretreatment Standard and the appropriate unit conversion factor;

(2)    Upon notification of a revised production rate, must reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

(3)    May retain the same equivalent mass limit in subsequent control mechanism terms if the Industrial User’s actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to paragraph 40 CFR 403.6(d). The Industrial User must also be in compliance with 40 CFR 403.17 (regarding the prohibition of bypass).

(4)    The Director may not express limits in terms of mass for pollutants such as pH, temperature, radiation, or other pollutants which cannot appropriately be expressed as mass.

(9)    The Director may convert the mass limits of the categorical Pretreatment Standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual Industrial Users. The conversion is at the discretion of the Director.

(10)    Once included in its permit, the Industrial User must comply with the equivalent limitations developed in this Section (8-1-504.2) in lieu of the promulgated categorical Standards from which the equivalent limitations were derived.

(11)    Many categorical Pretreatment Standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum Monthly Average, or 4-day average limitations. Where such Standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

(12)    Any Industrial User operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based Standard shall notify the Director within two (2) business days after the User has a reasonable basis to know that the production level will significantly change within the next calendar month. Any User not notifying the Director of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.

(13)    The Director may authorize the Industrial User subject to a categorical Pretreatment Standard to forego sampling of a pollutant regulated by a categorical Pretreatment Standard if the Industrial User has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the Discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the Industrial User. This authorization is subject to the following conditions:

(a)    The Director may authorize a waiver where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical Standard and otherwise includes no process wastewater.

(b)    The monitoring waiver is valid only for the duration of the effective period of the Permit or other equivalent individual control mechanism, but in no case longer than 5 years. The User must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.

(c)    In making a demonstration that a pollutant is not present, the Industrial User must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes. The request for a monitoring waiver must be signed in accordance with 40 CFR 403.12(l) and include the certification statement in 40 CFR 403.6(a)(2)(ii). Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

(d)    Any grant of the monitoring waiver by the Director must be included as a condition in the User’s control mechanism. The reasons supporting the waiver and any information submitted by the User in its request for the waiver must be maintained by the Control Authority for 3 years after expiration of the waiver.

(e)    Upon approval of the monitoring waiver and revision of the User’s control mechanism by the Director, the Industrial User must certify on each report with the statement below, that there has been no increase in the pollutant in its wastestream due to activities of the Industrial User: “Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR _______ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ______ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under 40 CFR 403.12(e)(1).”

(f)    In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the User’s operations, the User must immediately: Comply with the monitoring requirements of 40 CFR 403.12(e)(1) or other more frequent monitoring requirements imposed by the Director, and notify the Director. (g) This provision does not supersede certification processes and requirements established in categorical Pretreatment Standards, except as otherwise specified in the categorical Pretreatment Standard; and

(14)    Other conditions as deemed appropriate by the Director to ensure compliance with this Chapter, and State and Federal laws, rules, and regulations.

C.    Wastewater Discharge Authorizations

(1)    Wastewater discharge authorizations must contain:

(a)    A statement that indicates wastewater discharge authorization duration, which shall be indefinite, subject to review and reconsideration at the discretion of the Director;

(b)    A statement that the wastewater discharge authorization is non-transferable;

(c)    A statement that any discharge of wastewater is subject to technically based limits on constituents and characteristics;

(d)    Reporting, notification, and record-keeping requirements;

(e)    A statement of applicable penalties for violation(s) of this Chapter; and

(f)    A statement that compliance with the wastewater discharge authorization does not relieve the user of responsibility for compliance with all applicable Federal, State, and City pretreatment standards, including those which become effective subsequent to issuance of the authorization.

(2)    Wastewater discharge authorizations may contain:

(a)    Requirements for the development and implementation of spill control or waste minimization plans, or other special conditions necessary to adequately prevent accidental, unanticipated, non-routine discharges and reduce the amount of pollutants discharged to the public sewer; and

(b)    Other conditions as deemed appropriate by the Director to ensure compliance with this Chapter, and State and Federal laws, rules, and regulations.

D.    Special Agreements

(1)    Special Agreements must contain:

(a)    A statement that indicates the purpose and duration of the agreement, including any clauses which may cause the agreement to be prematurely terminated;

(b)    Terms and conditions which the user must comply with during the term of the agreement;

(c)    Services the City will provide the user during the term of the agreement;

(d)    A statement of applicable penalties for violation(s) of the terms of the agreement; and

(e)    The terms and conditions under which the agreement may be extended.

(2)    Special Agreements may contain any and all conditions deemed appropriate by the signatories that are necessary to complete the agreement and ensure compliance with applicable laws, rules, and regulations.

E.    No control mechanism shall waive a user’s requirement to comply with National Categorical Pretreatment Standards, as set forth in 40 CFR 405-471, as amended.

F.    A control mechanism may, under the provisions of 8-1-512.3 Bypass, set forth Interim Limits for pollutants regulated solely under 8-1-501.4 Local Limits designed to minimize adverse effects. Interim Limits may be less stringent than Local Limits provided discharges meeting said Interim Limits do not result in upset of, interference to, and pass-through by the Burbank Water Reclamation Plant. Interim limits may be in effect for a period not to exceed 60 calendar days. Any exceedance of interim limits shall be deemed a discharge violation subject to the enforcement provisions of this Ordinance and the City’s Enforcement Response Plan. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3784, eff. 7/30/10; 3739, 3721.]

8-1-504.3: WASTEWATER DISCHARGE PERMIT APPEALS:

The Director may provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Director to reconsider the terms of a wastewater discharge permit within thirty (30) days of notice of its issuance.

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

B.    In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for any objections, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

C.    The requirements of the wastewater discharge permit shall not be stayed pending the appeal.

D.    If the Director fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit may be appealed according to Section 2-1-1501 of this code. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-504.4: WASTEWATER DISCHARGE PERMIT MODIFICATION:

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

A.    To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;

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

C.    A change in the POTW and/or public sewer that requires either a temporary or permanent reduction or elimination of the authorized discharge;

D.    Information indicating that the permitted discharge poses a threat to the City’s POTW and/or public sewer, City personnel, or the receiving waters;

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

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

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

H.    To correct typographical or other errors in the wastewater discharge permit; or

I.    To reflect a transfer of the facility ownership or operation to a new owner or operator. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-504.5: WASTEWATER DISCHARGE PERMIT TRANSFER:

Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the Director and the Director approves the wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which:

A.    States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;

B.    Identifies the specific date on which the transfer is to occur; and

C.    Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-504.6: WASTEWATER DISCHARGE PERMIT REVOCATION:

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

A.    Failure to notify the Director of significant changes to the wastewater prior to the changed discharge;

B.    Failure to provide prior notification to the Director of changed conditions pursuant to Section 8-1-505.5 of this ordinance;

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

D.    Falsifying self-monitoring reports;

E.    Tampering with monitoring equipment;

F.    Refusing to allow the Director timely access to the facility premises and records;

G.    Failure to meet effluent limitations;

H.    Failure to pay fines;

I.    Failure to pay sewer charges;

J.    Failure to meet compliance schedules;

K.    Failure to complete a wastewater survey or the wastewater discharge permit application;

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

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

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-504.7: WASTEWATER DISCHARGE PERMIT REISSUANCE:

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 8-1-503.5 of this article, a minimum of forty five (45) days prior to the expiration of the user’s existing wastewater discharge permit. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-504.8: REGULATION OF WASTE RECEIVED FROM OTHER JURISDICTIONS:

If another municipality, or user located within another municipality, contributes wastewater to the POTW and/or public sewer, the Director may enter into an inter-municipal agreement with the contributing municipality. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-505: REPORTING REQUIREMENTS:

8-1-505.1: BASELINE MONITORING REPORTS:

A.    Within either one hundred eighty (180) 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 industrial users subject to such categorical pretreatment standards currently discharging to or scheduled to discharge to the POTW and/or public sewer shall submit to the Director a report which contains the information listed in subsection B of this section.

At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director a report which contains the information listed in subsection B of this section. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards.

B.    Users described above shall submit the information set forth below. New sources shall give estimates of the information requested in subsections B4 and B5 of this section:

(1)    Identifying Information: The user shall submit the name and address of the facility including the name of the operator and owners;

(2)    Permits: The user shall submit a list of any environmental control permits held by or for the facility;

(3)    Description of Operations: The user shall submit a brief description of the nature, average rate of production, and NAICS of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(4)    Flow Measurement: The user 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 wastestream formula of Section 403.6(e). (See subsection B5e of this section.)

The Director may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

(5)    Measurement of Pollutants:

(a)    The user shall identify the pretreatment standards applicable to each regulated process;

(b)    In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the Director) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations;

(c)    A minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, twenty four (24) hour composite samples must be obtained through flow proportional composite sampling techniques where feasible. The Director may waive flow proportional composite sampling for any user 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 (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.

(d)    The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.

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

(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 EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the EPA;

(g)    The Director may allow the submission of a baseline report which 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)    Certification: A statement, reviewed by an authorized representative of the user (as defined by 40 CFR 403.12(l)) 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 and/or additional pretreatment is required for the user to meet the pretreatment standards and requirements; and

(7)    Compliance Schedule: If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards; the shortest schedule by which the user will provide such additional pretreatment and/or operation and maintenance. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

(a)    Where the user’s categorical pretreatment standard has been modified by a removal allowance (40 CFR Section 403.7), the combined wastestream formula (40 CFR Section 403.6(e)), and/or a fundamentally different factors variance (40 CFR Section 403.13) at the time the user submits the report required by this subsection B, the information required by subsection B6 of this section and this subsection B7 shall pertain to the modified limits.

(b)    If the categorical pretreatment standard is modified by a removal allowance (40 CFR Section 403.7), the combined wastestream formula (40 CFR Section 403.6(e)), and/or a fundamentally different factors variance (40 CFR Section 403.13) after the user submits the report required by this subsection B, any necessary amendments to the information requested by subsection B6 of this section and this subsection B7 shall be submitted by the user to the director within sixty (60) days after the modified limit is approved. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3784, eff. 7/30/10.]

8-1-505.2: COMPLIANCE SCHEDULE PROGRESS REPORTS:

The following conditions shall apply to the compliance schedule required by subsection 8-1-505.1B7 of this article:

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 user 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 (9) months;

C.    The user shall submit a progress report to the Director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

D.    In no event shall more than nine (9) months elapse between such progress reports to the Director. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-505.3: REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARD DEADLINE:

Within ninety (90) 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 and/or public sewer, any user subject to such pretreatment standards and requirements shall submit to the Director a report containing the information described in subsections 8-1-505.1B4 through B6 of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user’s long term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 8-1-503.6 of this article. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-505.4: PERIODIC COMPLIANCE REPORTS:

A.    All Significant Industrial Users shall submit to the Director at least once every six months (on dates specified by the Director) a description of the nature, concentration, and flow of the pollutants required to be reported by the Director. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described 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 EPA determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other persons, approved by the EPA. This sampling and analysis may be performed by the Director in lieu of the significant industrial user. Where the Director collects all the information required for the report, the significant industrial user will not be required to submit the report. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (or pollution prevention alternative), the User shall submit documentation required by the Director or the Pretreatment Standard necessary to determine the compliance status of the User. At the discretion of the Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Director may modify the months during which the above reports are to be submitted.

B.    If a User 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 prescribed in Sections 8-1-505.10 and 8-1-505.11 of this chapter, the results of this monitoring shall be included in the report.

C.    All periodic compliance reports must be signed and certified in accordance with Section 8-1-503.6 of this chapter. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3784, eff. 7/30/10; 3721.]

8-1-505.5: REPORTS OF CHANGED CONDITIONS:

Each user must promptly notify the Director of any planned significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater in advance of the change.

A.    The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 8-1-503.5 of this article.

B.    The Director may issue a wastewater discharge permit under Section 8-1-503.7 of this article or modify an existing wastewater discharge permit under Section 8-1-504.4 of this article in response to changed conditions or anticipated changed conditions.

C.    For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent (20%) or greater, and the discharge of any previously unreported pollutants. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-505.6: REPORTS OF POTENTIAL PROBLEMS:

A.    In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW and/or public sewer, the user shall immediately telephone and notify the Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

B.    Within five (5) days following such discharge, the user shall, unless waived by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW and/or public sewer, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.

C.    A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection A of this section. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

D.    Significant Industrial Users are required to notify the Director immediately of any changes at its facility affecting the potential for a Slug Discharge. [Added by Ord. No. 3739, eff. 5/23/08; 3677.]

8-1-505.7: REPORTS FROM UNPERMITTED USERS:

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as the Director may require. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-505.8: NOTICE OF VIOLATION/REPEAT SAMPLING AND REPORTING:

If sampling performed by a user indicates a violation, the user must notify the Director within 24 hours of becoming aware of the violation. The User shall also repeat the

sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. Where the Director has performed the sampling and analysis in lieu of the Industrial User, the Director must perform the repeat sampling and analysis unless it notifies the User of the violation and requires the User to perform the repeat analysis. Resampling is not required if the Director performs sampling at the Industrial User at a frequency of at least once per month, or the Director performs sampling at the User between the time when the initial sampling was conducted and the time when the User or the Director receives the results of this sampling. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-505.9: NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE:

A.    The discharge of hazardous waste is prohibited unless specific authorization is given by the Director.

B.    In the event of a discharge of hazardous waste, the discharger shall notify the City, 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 (100) kilograms of such waste 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, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences.

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

D.    This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3784, eff. 7/30/10.]

8-1-505.10: 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, 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, sampling and analyses must be performed in accordance with procedures approved by EPA. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-505.11: SAMPLE COLLECTION:

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

A.    Except as indicated in subsection B of this section, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Director may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

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

[Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3784, eff. 7/30/10.]

8-1-505.12: TIMING:

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-505.13: RECORD KEEPING:

Users 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 and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name 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. In addition, users implementing Best Management Practices (BMPs) must document all BMP activities, and retain these records. All of these records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Director. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 16-3,889, eff. 1/20/17; 3721.]

8-1-506: COMPLIANCE MONITORING:

8-1-506.1: RIGHT OF ENTRY; INSPECTION AND SAMPLING:

The Director shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

A.    Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director will be permitted to enter without delay for the purposes of performing specific responsibilities.

B.    The Director shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.

C.    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. All devices used to measure wastewater flow and quality shall be calibrated semiannually to ensure their accuracy.

D.    Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly 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.

E.    Unreasonable delays in allowing the Director access to the user’s premises shall be a violation of this chapter. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-506.2: INSPECTION WARRANTS:

If the Director has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Director may seek issuance of an inspection warrant. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-507: CONFIDENTIAL INFORMATION:

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, 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 by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-508: PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE:

The Director may publish annually, in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW of Industrial Users which, at any time, during the previous 12 months, were in significant noncompliance with applicable Pretreatment requirements. The term Significant Noncompliance is defined in Section 8-1-102. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-509: ADMINISTRATIVE ENFORCEMENT REMEDIES:

8-1-509.1: NOTIFICATION 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 requirement, the Director may serve upon that user a written notice of violation. Within fifteen (15) days of the receipt of this 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. A user may contest the finding(s) set forth in the notice of violation. Submission of a plan or contesting the finding(s) in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-509.2: CONSENT ORDERS:

The Director may enter into consent orders, assurances of voluntary compliance, or other similar arrangements or plans establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 8-1-509.4 and 8-1-509.5 of this article and shall be judicially enforceable. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-509.3: SHOW CAUSE HEARING:

The Director may order a user which 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, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least thirty (30) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-509.4: 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, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated to the satisfaction of the Director. Compliance orders also may 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. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-509.5: CEASE AND DESIST 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, or that the user’s past violations are likely to recur, the Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

A.    Immediately comply with all requirements; and

B.    Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-509.6: ADMINISTRATIVE FINES:

A.    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 fine such user in an amount not to exceed one thousand dollars ($1,000.00). Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.

B.    Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of five percent (5%) of the unpaid balance, and interest shall accrue thereafter at a rate of five percent (5%) per month. A lien against the user’s property will be sought for unpaid charges, fines, and penalties.

C.    Users desiring to dispute such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the Director may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

D.    Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-509.7: EMERGENCY SUSPENSIONS:

The Director may immediately suspend a user’s discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial

endangerment to the health or welfare of persons. The Director may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW and/or public sewer, or which presents, or may present, an endangerment to the environment.

A.    Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW and/or public sewer, its receiving stream, or endangerment to any individuals. The Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings in Section 8-1-509.8 of this article are initiated against the user.

B.    A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Director prior to the date of any show cause or termination hearing under Section 8-1-509.3 or 8-1-509.8 of this article.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-509.8: TERMINATION OF DISCHARGE:

In addition to the provisions in Section 8-1-504.6 of this article, any user who violates the following conditions is subject to discharge termination:

A.    Violation of wastewater discharge permit conditions;

B.    Failure to accurately report the wastewater constituents and characteristics of its discharge;

C.    Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

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

E.    Violation of the pretreatment standards in Section 8-1-501 of this article.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 8-1-509.3 of this article why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the user. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-510: JUDICIAL ENFORCEMENT REMEDIES:

8-1-510.1: INJUNCTIVE RELIEF:

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 petition the Court through the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-510.2: CIVIL PENALTIES:

A.    A discharger who 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 may be liable to the City for the maximum civil penalty provided by law but not more than $1,000.00 per violation, per day. In the case of a monthly or other long term average discharge limit, penalties shall accrue for each day during the period of the violation.

B.    The Director may recover reasonable attorney fees, Court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

C.    In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

D.    Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 16-3,889, eff. 1/20/17; 3784.]

8-1-510.3: CRIMINAL PROSECUTION:

A.    A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of $1,000 per violation, per day, or imprisonment for not less than one year, or both.

B.    A user who willfully or negligently introduces any substance into the POTW and/or public sewer which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of $1,000, or be subject to imprisonment for not less than one year, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

C.    A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of $1,000 per violation, per day, or imprisonment for not less than one year, or both.

D.    In the event of a second conviction, a user shall be punished by a fine of $1,000 per violation, per day, or imprisonment for not less than one year, or both. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 16-3,889, eff. 1/20/17; 3721.]

8-1-510.4: REMEDIES NONEXCLUSIVE:

The remedies provided for in this chapter are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City’s enforcement response plan. However, the Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 3721, eff. 6/23/07.]

8-1-511: SUPPLEMENTAL ENFORCEMENT ACTION:

8-1-511.1: PERFORMANCE BONDS:

The Director may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-511.2: LIABILITY INSURANCE:

The Director may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW and/or public sewer caused by its discharge. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-511.3: WATER SUPPLY SEVERANCE:

Whenever 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, water service to the user may be severed. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-511.4: PUBLIC NUISANCES:

A violation of any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Director. Any person(s) creating a public nuisance shall be subject to the provisions of Section 1-1-108 of this code. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-512: AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS:

8-1-512.1: 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 in compliance with applicable operation and maintenance procedures; and

(3)    The user has submitted the following information to the Director within twenty four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within 5 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 will 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. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-512.2: PROHIBITED DISCHARGE STANDARDS:

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in subsection 8-1-501.1A of this article or the specific prohibitions in subsection 8-1-501.1B of this article 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. [Added by Ord. No. 3677, eff. 8/20/05.]

8-1-512.3: BYPASS:

A.    Definitions: For the purposes of this section:

BYPASS: The intentional diversion of wastestreams from any portion of a user’s treatment facility.

SEVERE PROPERTY DAMAGE: 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.    Essential Maintenance: 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.    Approved Bypass:

(1)    If a user knows in advance of the need for a bypass, it shall submit prior notice to the Director, at least ten (10) 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 (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) 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 (24) hours.

D.    Unapproved 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 backup 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 (3) conditions listed in subsection D1 of this section.

E.    Bypass Causing Damage: In the event of a bypass by a user causing damage to the public sewers or POTW, the user will be liable for all cost to repair such facility. In the event of a bypass by a user that results in the need for increased maintenance of the public sewer or POTW, the user will be liable for all cost to repair such facility. [Added by Ord. No. 3677, eff. 8/20/05.]

ARTICLE 6. UNAUTHORIZED DISPOSAL

8-1-601: RESERVED:

[Deleted by Ord. 13-3,848, eff. 1/17/14.]

ARTICLE 7. SEWER SERVICE CHARGE

8-1-701: PURPOSE:

The purpose of this article is to provide sufficient funds for the operations, maintenance, replacement, and expansion of the sanitary sewer and storm drain system by imposing a fair and equitable service charge upon the users of these facilities. Charges imposed pursuant to the provisions of this article are fees for services and are not taxes. [Added by Ord. No. 2310. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]

8-1-702: RESERVED:

[Added by Ord. No. 2310. Deleted by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2552, 2541, 2461, 2348.]

8-1-703: IMPOSITION OF CHARGE:

Every person discharging sewage, effluent, industrial waste, or other waste matter into a public sewer shall pay a sewer service charge to the City in an amount as specified in the Burbank Fee Resolution. This charge shall be in addition to any other fees imposed by this chapter. [Added by Ord. No. 2310. Amended by Ord. No. 3677, eff. 8/20/05; 3035, 2935.]

8-1-704: DETERMINATION OF SEWER SERVICE CHARGE:

A.    Fee Resolution: The Burbank Fee Resolution shall provide for a sewer service charge to be charged monthly to dischargers. The sewer service charge shall incorporate all costs of wastewater and runoff collection treatment and disposal, including administrative and general expenses and certain capital costs.

B.    Allocation Of Costs: All sewer service charges shall be calculated so as to allocate the costs to the dischargers in accordance with sewage quantity (flow) and quality (indicated by BOD and SS concentration), including, but not limited to, costs incurred by the City of Los Angeles in treating and disposing of any effluent generated by the dischargers. [Added by Ord. No. 3035. Amended by Ord. No. 13-3,848, eff. 1/17/14; 3677.]

8-1-705: COLLECTION OF CHARGE:

A.    By Municipal Service Bill: The charge imposed by this article shall be collected by adding the same to the municipal service bills rendered by the Burbank Water and Power

Department of the City. The period covered by each billing shall be the same period for which the municipal service bill is rendered and shall be paid at the same time and in the same manner as the municipal service bill.

B.    By Director: Whenever it is not practicable to add the sewer service charge to the municipal service bill rendered by the Burbank Water and Power Department, the Director shall bill and collect for such charge.

C.    Delinquencies: Bills for sewer service charges set forth on municipal service bills shall be delinquent if not paid when the municipal service bill is due; otherwise, within fifteen (15) days from the date the bill is delivered or mailed.

D.    Deposits: The City, at the discretion of the Financial Services Director or the designee of the Financial Services Director, may require a deposit from anyone contracting with the City, equal to twice the estimated amount of the monthly or billing period bill. Deposits shall be mandatory in instances where service was terminated due to delinquent payment of bills and in instances of habitual delinquency in paying bills. Service will be furnished to any consumer who fully and truly sets forth all the purposes for which water may be required and who agrees to and conforms with all rules and regulations governing the service; provided the purposes set forth comply with all the City’s rules, and that the system of building sewers and pipes extends to the point where service is desired, and is adequate to supply the services applied for. [Added by Ord. No. 2310. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]

8-1-706: JOINT OCCUPANCY:

When there is more than one dwelling unit, business, industry, or other use on any premises serviced by a single water meter, the sewer service charge may be billed to the owner or lessor of the property, who shall collect such charges and transmit them to the City. If the owner or lessor fails to collect such charges and remit the same to the City, they shall be liable to the City for the payment thereof. [Added by Ord. No. 2310. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]

8-1-707: DISCONTINUANCE OF SERVICE:

In case of delinquency in payment of the sewer service charge, water service may be turned off until the amount of sewer service charge due is paid. An amount as specified in the Burbank Fee Resolution shall be paid to the Burbank Water and Power Department for the expense of turning the utility service off and on. [Added by Ord. No. 2310. Amended by Ord. No. 3677, eff. 8/20/05; 3035, 2935.]

8-1-708: APPLICATION FOR EXEMPTION:

Where no portion of the water supplied to any premises enters a public sewer of the City, no charges shall accrue under this article if an application for exemption is filed with the Director and they find that there is no discharge of any sewage, effluent, industrial waste or other waste matter from such premises into a public sewer of the City. [Added by Ord. No. 2310. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]

8-1-709: APPEAL FOR ADJUSTMENT OF CHARGE:

A.    Filing of Appeal: In any case where it is believed that a sewer service charge imposed by this article is excessive, the person responsible for paying such charge may apply to the Director for an adjustment by filing with the Director, within thirty (30) days from the date of service of such charge, a written dated affidavit containing:

(1)    A description, or address of the property involved in the appeal.

(2)    The name or names and mailing addresses, of all the appellants participating in the appeal.

(3)    A brief statement setting forth the legal interest of each of the appellants in the building or land involved in the notice and order.

(4)    A statement in ordinary and concise language of the facts supporting the adjustment.

(5)    A statement of any material facts supporting the contentions of the appellants, specifically statements alleging discriminatory, unreasonable, or unfair charges.

B.    Collection of Additional Information: The Director may make a determination based upon the request for adjustment or request a hearing to gather additional information. Based upon this determination, the applicant may waive the opportunity for a hearing of the appeal.

C.    Notice of Hearing: Provided that the opportunity for appeal has not been waived by the applicant, and as soon as practicable after receipt of any appeal filed pursuant to this section, the Director shall set the date for hearing the appeal. Such date shall be not less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the Director. The Director shall give written notice of the time and place of the hearing to each appellant by causing a copy of such notice to be delivered personally or by mailing a copy thereof, postage prepaid to the address shown on the appeal.

D.    Determinations: If the Director determines that the charge is excessive, they shall adjust the charge so that it is fair, reasonable, and nondiscriminatory. If the charge has already been paid, they shall order a refund of the excess paid during the year immediately preceding the date of application for adjustment. Charges which are delinquent for more than ninety (90) days shall not be subject to adjustment.

E.    Hearing Procedures: The hearing shall be informally conducted and the technical rules of evidence shall not apply, except that irrelevant evidence shall be excluded. Oral evidence shall be received only on oath or affirmation. During the course of the hearing the Director may visit and inspect any building or premises involved in the proceedings, and may there receive oral testimony of any sworn witness. The appellant may be represented by an attorney or other representative. The hearing may be recorded.

F.    Order Of The Director: At the conclusion of the hearing, the Director may affirm, reverse, modify, or set aside the order or action appealed. The decision of the Director shall be final. [Added by Ord. No. 2318. Amended by Ord. No. 3677, eff. 8/20/05; 3035, 2589.]

8-1-710: DEBT; PENALTY FOR NONPAYMENT:

The sewer service charge imposed by this article shall constitute a debt due to the City and in the event any bill for sewer services is not paid in accordance with the provisions of this article, the Burbank Fee Resolution, or the rules and regulations of the Director, the amount of such unpaid bill may become a lien upon the real property and be collected at the same time and in the same manner as all taxes on real property in the City. [Added by Ord. No. 2310. Amended by Ord. No. 3677, eff. 8/20/05; 3035, 2318.]

ARTICLE 8. SEWER FACILITIES CHARGE

8-1-801: RESERVED:

[Added by Ord. No. 2589. Deleted by Ord. No. 3677, eff. 8/20/05; 3035, 2935.]

8-1-802: SEWER FACILITIES CHARGE:

A sewer facilities charge shall be imposed upon all newly constructed or expanded facilities and such charge shall be as designated in the Burbank Fee Resolution. [Added by Ord. No. 2589. Amended by Ord. No. 3677, eff. 8/20/05; 3035, 2935.]

8-1-803: SEWER FACILITIES CHARGE FOR SUBDIVISIONS; EXCEPTIONS:

The sewer facilities charge shall apply to all subdivisions processed under Title 11 of this code and the installation of sewers by the subdivider shall not relieve the subdivider from paying the required charges for occupancies within the proposed subdivision, except that where it is determined by the Director that a particular tract is being subdivided or redivided for the purpose of absorbing a vacated street or reverting an earlier tract to acreage and such subdivision or redivision is not for development purposes such tract shall be exempt from a sewer facilities charge. If the occupancies in a subdivision are not known or are undetermined when the sewer facilities charge is due, the subdivider shall pay the City an amount as specified in the Burbank Fee Resolution and when the tract is developed the sewer facilities charge shall be determined and an adjustment made in accordance with the rates then prevailing. [Added by Ord. No. 2589. Amended by Ord. No. 3677, eff. 8/20/05; 3035, 2935.]

8-1-804: WHEN SUBDIVISION CANNOT BE CONNECTED TO CITY SEWER:

When the Director determines that a subdivision cannot be connected to the City sewer due to land contours or other existing conditions, payment of the sewer facilities charge shall be deferred until connection can be made, at which time the sewer facilities charge shall be paid in accordance with the rates then prevailing. [Added by Ord. No. 2589. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]

8-1-805: COMMUNITY REDEVELOPMENT:

When a subdivision or reversion to acreage is processed under the City’s community redevelopment program, payment of the sewer facilities charge shall be deferred until the property is developed, at which time the sewer facilities charge shall be paid in accordance with the rates then prevailing. [Added by Ord. No. 2589. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]

8-1-806: CHANGES OR INCREASES IN OCCUPANCY:

When there is a change or increase in occupancy of an existing structure or parcel of land, a sewer facilities charge shall be imposed:

A.    For the additional gross floor area created when an addition is made to an existing commercial building.

B.    For the additional gross floor area created or for the increase in the use of an industrial connection or for an increased peak flow when an addition is made to an existing industrial building; whichever is greater.

C.    For the new use or occupancy of an existing building when such use or occupancy is changed, provided that a credit shall be allowed for any sewer facilities charge previously paid for such property and for any off site sewers previously paid for either in cash or by construction thereof to serve such property, not to exceed the sewer facilities charge imposed for the new use or occupancy.

D.    For the new structure where an existing structure is completely or substantially replaced, provided that a credit shall be allowed for any sewer capacity rights previously paid for such property and for any off site sewer capacity right previously paid for either in cash or by construction thereof to serve such property, not to exceed the sewer facilities charge imposed on the new structure, the provisions of this subsection shall not apply. Credit shall only be given based on the immediately preceding use and gross floor area.

No sewer facilities charge shall be imposed for a replacement structure if the replacement is of a structure which was wholly or substantially destroyed by fire, flood, landslide, earthquake or similar cause and is replaced by the party who owned the destroyed structure and the replacement is for the same use and is approximately the same area or will contain approximately the same number of units, dwelling units, rooms, seats, beds or students, or will generate approximately the same peak flow, whichever measure is applicable to the particular occupancy.

E.    For any use or occupancy that increases the expectant flow or pollutant discharge. [Added by Ord. No. 2589. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2935.]

8-1-807: INSTALLATION BY SUBDIVIDER OF OFF SITE SEWERS AT OWN EXPENSE:

The Director may permit a property owner, subdivider or developer to install off site sewers at their own expense. [Added by Ord. No. 2589. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]

8-1-808: OWNER OR OCCUPANT MAY BE REQUIRED TO SUBMIT DATA:

The Director may require a property owner or occupant to submit such plans and other information as may be needed to determine the sewer facilities charge imposed under this article. [Added by Ord. No. 2589. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]

ARTICLE 9. SALE OF RECLAIMED WATER

8-1-901: DEFINITION:

For the purpose of this article, the term “reclaimed water” means tertiary level treated effluent from any sewage treatment facility owned or operated by the City. [Added by Ord. No. 3035. Amended by Ord. No. 3677, eff. 8/20/05.]

8-1-902: SALE OF RECLAIMED WATER:

Unless otherwise provided in this chapter, any contract external to the City regarding the sale of reclaimed water shall be accomplished by Burbank Water and Power. Rates shall be established by a Burbank Fee Resolution approved by the City Council. Any contract for the sale of reclaimed water to a user whose property is substantially outside the corporate limits of the City, may be approved by the Burbank Water and Power, so long as the terms of each such contract are substantially similar to contracts for sale of reclaimed water to users within the corporate limits of the City of Burbank. The authority granted Burbank Water and Power under this section shall include agreements for studies or consultant services relative to potential sales to users substantially outside the corporate limits of the City. [Added by Ord. No. 3035. Amended by Ord. No. 3677, eff. 8/20/05.]

ARTICLE 10. STORM WATER AND RUNOFF POLLUTION CONTROL

8-1-1001: DEFINITIONS:

The following words, phrases and terms as used in this article shall have the meanings ascribed to them:

ACT: Means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

ADVERSE IMPACT: Means a detrimental effect upon water quality or beneficial uses caused by a discharge or loading of a pollutant or pollutants.

BASIN PLAN: Means a water quality control plan for a specific watershed area or areas adopted by a California Regional Water Quality Control Board.

BENEFICIAL USES: Means existing or potential uses of receiving waters as defined in a basin plan.

BEST MANAGEMENT PRACTICE (BMP): Means practices or physical devices or systems designed to prevent or reduce pollutant loading from storm water or non-storm water discharges to receiving waters, or designed to reduce the volume of storm water or non-storm water discharged to the receiving water (Source: Order No. R4-2012-0175).

CITY: Means the City of Burbank.

CITY COUNCIL: Means the Burbank City Council.

CODE OF FEDERAL REGULATIONS (CFR): Means the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government of the United States.

COMMERCIAL ACTIVITY: Means any public or private activity not defined as an industrial activity in 40 CFR 122.26(b)(14), involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or nonprofessional services.

CONSTRUCTION ACTIVITY: Means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See “Routine Maintenance” definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage by the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Storm Water Discharges Associated with Construction Activities is required if more than one acre is disturbed or the activities are part of a larger plan (Source: Order No. R4-2012-0175).

DEPARTMENT: Means the Public Works Department of the City of Burbank, the Community Development Department of the City of Burbank, or the Burbank Water and Power Department.

DIRECTOR: Means the Public Works Director or the Community Development Director of the City of Burbank, or their authorized deputy, agent, representative or inspector.

DISCHARGE: Means any release, spill, leak, pumping, flow, escape, dumping, or disposal of any gas, liquid, semi-solid, or solid substance.

ENFORCEMENT ACTION: Means an action taken by an Enforcement Official to remedy a violation or threatened violation of this Article.

ENFORCEMENT OFFICIAL: Means Public Officers Authorized to Issue Citations as defined in BMC 1-1-105.C.

GENERAL MANAGER: Means the General Manager for Burbank Water and Power.

GOOD HOUSEKEEPING PRACTICE: Means a best management practice related to the transfer, storage, use, or cleanup of materials performed in a regular manner that minimizes the discharge of pollutants to the storm drain system and/or receiving waters.

HAZARDOUS MATERIAL: Means any material defined as hazardous by Chapter 6.95 of the California Health and Safety Code or any substance designated pursuant to 40 CFR 302. This also includes any unlisted hazardous substance which is a solid waste, as defined in 40 CFR 261.2, which is not excluded from regulation as a hazardous waste under 40 CFR 261.4(b), or is a hazardous substance under Section 1321 of the Act, if it exhibits any of the characteristics identified in 40 CFR 261.20 through 261.24.

HAZARDOUS WASTE: Means a hazardous material which is to be discharged, discarded, recycled, and/or reprocessed.

ILLICIT CONNECTION: Means any human-made conveyance that is connected to the storm drain system without a permit, excluding roof drains which convey only storm water.

ILLICIT DISCHARGE: Means any discharge to the storm drain system that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. Illicit discharge includes all non-storm water discharges except discharges pursuant to an NPDES permit or discharges that are exempted or conditionally exempted from prohibition by such permit.

INDUSTRIAL ACTIVITY: Means any public or private activity which is in any of the 11 categories of activities defined in 40 CFR 122.26(b)(14) and which is required to obtain an NPDES permit.

INDUSTRIAL/COMMERCIAL FACILITY: Means any public or private facility involved and/or used in either the production, manufacture, storage, transportation, distribution, exchange, or sale of goods and/or commodities, and any facility involved and/or used in providing professional and nonprofessional services. This category of facility includes, but is not limited to, any facility defined by the North American Industry Classification System (NAICS).

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): Means the conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, human-made channels, or storm drains):

(1)    Owned or operated by a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States;

(2)    Designed or used for collecting or conveying storm water;

(3)    Which is not a combined sewer; and

(4)    Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR §122.2.

(40 CFR § 122.26(b)(8)) (Source: Order No. R4-2012-0175)

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT: Means a permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board or a California Regional Water Quality Control Board pursuant to the Act that authorizes discharges to waters of the United States.

NON-STORM WATER DISCHARGE: Means any discharge to the storm drain system and/or receiving waters that is not composed entirely of storm water.

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS): Means a classification pursuant to the current edition of the North American Industry Classification System Manual issued by the Executive Office of the President of the United States, Office of Management and Budget, and as the same may be periodically revised.

PARKING LOT: Means land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of 5,000 square feet or more of surface area, or with 25 or more parking spaces (Source: Order No. R4-2012-0175).

POLLUTANT: Shall have the same meaning as set forth in Section 502(6) of the Act or as incorporated into the California Water Code Section 13373. Pollutants include, but are not limited to the following:

(1)    Commercial and industrial waste (such as fuels, solvents, chemicals, detergents, plastic pellets, hazardous materials or substances, hazardous wastes, fertilizers, pesticides, soot, slag, ash, and sludge);

(2)    Metals (such as cadmium, lead, zinc, copper, silver, nickel, and chromium) and nonmetals (such as arsenic, carbon, chlorine, fluorine, phosphorous and sulfur);

(3)    Petroleum hydrocarbons (such as fuels, oils, lubricants, surfactants, waste oils, solvents, coolants, and grease);

(4)    Eroded soils, sediment, and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora, or fauna of the state;

(5)    Animal wastes (such as discharges from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities);

(6)    Substances having acidic or corrosive characteristics such as a pH of less than six or greater than nine; and

(7)    Substances having unusual coloration or turbidity, levels of fecal coliform, fecal streptococcus, or enterococcus, which may adversely affect the beneficial use of the receiving waters, flora, or fauna of the state.

RECEIVING WATERS: Means all surface water bodies within the City that are identified by a regional board in a basin plan.

REGIONAL BOARD: Means a California Regional Water Quality Control Board.

RUNOFF: Means any storm water or non-storm water discharge from any surface and/or drainage area that reaches the storm drain system and/or receiving waters.

STATE BOARD: Means the State Water Resources Control Board.

STORM DRAIN SYSTEM: Means any street, gutter, conduit, natural or artificial drain, channel and watercourse, and/or other facility or any combination thereof, that is owned and/or operated by the City or by Los Angeles County and used for the purpose of collecting, storing, transporting, and/or disposing of runoff.

STORM WATER: Means any water which originates from atmospheric moisture (rainfall or snowmelt) and falls onto land, water, and/or other surfaces.

STORM WATER POLLUTION PREVENTION PLAN (SWPPP): Means a plan required by and for which the contents are specified in an NPDES permit.

STORM WATER RUNOFF: Means that part of precipitation which travels across any surface to the storm drain system and/or receiving waters.

STRUCTURAL BMP: Means any permanent facility constructed to control, treat, store, divert, neutralize, dispose of, and/or monitor runoff in order to reduce or measure pollutants.

UNCONTROLLED DISCHARGE: Means any discharge, intentional or accidental, occurring in such a manner that the discharger is unable to determine or regulate the quantity, quality or effects of the discharge.

U.S. EPA: Means the United States Environmental Protection Agency.

WET WEATHER EROSION CONTROL PLAN: Means a plan required by the City when construction is to commence not later than 30 days prior to and/or will continue into the rainy season (November 1 through April 15). This plan supplements a construction SWPPP. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 13-3,848, eff. 1/17/14; 3721.]

8-1-1002: GENERAL PROVISIONS:

A.    SHORT TITLE: The ordinance codified in this article shall be known as the “storm water and runoff pollution control ordinance of the City of Burbank” and may be referred to as such.

B.    PURPOSE AND INTENT: The purpose of this article is to protect the health and safety of the residents of the City by protecting the beneficial uses, marine habitats, and ecosystems of receiving waters within the City from pollutants carried by storm water and non-storm water discharges. The intent of this article is to enhance and protect the water quality of the receiving waters of the City and the United States, consistent with the Act.

C.    APPLICABILITY OF THIS ARTICLE: The provisions of this article shall apply to the discharge, deposit or disposal of any storm water and/or runoff or other materials to the storm drain system and/or receiving waters within the City of Burbank.

D.    STANDARDS, GUIDELINES AND CRITERIA: The Director or General Manager may establish uniform minimum standards, guidelines, and/or criteria for specific discharges, connections, and/or BMPs. The provisions of this section shall not prohibit the Director or General Manager from requiring a discharger or permittee from taking additional measures to achieve the objectives of this article or any permit.

E.     EMPLOYER RESPONSIBILITY: Any person or entity (i.e., an employer) employing another person (i.e., an employee) to perform work shall have a duty to train such employee and supervise such work to ensure compliance with the Article. It shall be unlawful for any such employer to direct, supervise, permit or allow any other person to violate the provisions of this Article. [Added by Ord. 3677, eff. 8/20/05; Amended by Ord. No. 13-3,848, eff. 1/17/14; 3721.]

8-1-1003: DISCHARGE TO THE STORM DRAIN SYSTEM:

A.    ILLICIT DISCHARGES PROHIBITED: No person shall direct, supervise or otherwise cause any discharge to enter the storm drain system unless such discharge:

(1)    Consists entirely of storm water;

(2)    Consists of non-storm water that is authorized by an NPDES permit issued by the U.S. EPA, the State Board, or the Los Angeles Regional Board or authorized by U.S. EPA pursuant to sections 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);

(3)    Is associated with emergency fire fighting activities;

(4)    Consists of natural flows including springs, flows from riparian habitats or wetlands, diverted streams authorized by the State Board or a Regional Board, uncontaminated ground water infiltration, and rising groundwater or seepage;

(5)    Consists of a conditionally exempt non-storm water discharge in compliance with the conditions identified in Section 8-1-1004, or

(6)    Is otherwise in compliance with the requirements of this article.

B.    INSTALLATION OR USE OF ILLICIT CONNECTIONS PROHIBITED: No person shall permit, allow, install, maintain or use any connection to the storm drain system or shall cause non-storm water to be discharged or conveyed through a connection to the storm drain system unless the connection has been permitted by the Director or General Manager.

C.    REMOVAL OF ILLICIT CONNECTION: If any person fails to remove an illicit connection upon notification by an Enforcement Official, or upon revocation of a connection permit, the Director or General Manager may remove such connection from the storm drain system pursuant to Section 8-1-1002 of this article. The Director or General Manager may pursue the recovery of costs for such removal pursuant to Section 8-1-1002 of this article.

It is unlawful for any person, firm, corporation, municipality or district to interfere with, cause damage to, destroy or use in any manner whatsoever any flood control, storm drain or water conservation structure, facility, appurtenance, or any other property owned, constructed, maintained or controlled by or on behalf of the City of Burbank, without having received a written permit, which shall be revocable whenever, in the opinion of the Director or General Manager, the public interest and welfare require the revocation thereof. Application for the use of any property of the City shall be made to the Director or General Manager, setting forth the particular use desired and the purpose and duration thereof, and the Director or General Manager shall investigate such application and may impose such terms and conditions as may be necessary to insure the proper maintenance of the property for the purpose for which it was constructed, acquired or maintained. This section does not apply to any entry or use in the course of duty by any peace or police officer, or by a duly authorized employee of the City of Burbank.

D.    POLLUTING OR DAMAGING SUBSTANCES PROHIBITED:

(1)    No person shall direct, supervise or otherwise cause any refuse, rubbish, food waste, garbage, or any other discarded or abandoned objects to be littered, thrown, deposited, placed, left, accumulated, maintained or kept in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit, drainage structure, place of business, or upon any public or private property except when such materials are placed in containers, bags, recycling bins, or other lawfully established waste disposal facilities protected from storm water or runoff.

(2)    No person shall direct, supervise or otherwise cause the disposal of hazardous materials or wastes into trash containers used for municipal trash disposal.

(3)    No person shall direct, supervise or otherwise cause to be discharged to the storm drain system any pesticide, fungicide, or herbicide prohibited by the U.S. EPA or the California Department of Pesticide Regulation.

(4)    No person shall direct, supervise or otherwise cause the accumulation of pollutants, leaves, dirt, or other landscape debris into a street, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain, or any fabricated or natural conveyance.

(5)    No person shall direct, supervise or otherwise cause the disposal of sanitary or septic waste or sewage into the storm drain system from any property or residence or any type of recreational vehicle, camper, bus, boat, holding tank, portable toilet, vacuum truck or other mobile source of waste holding tank, container or device.

(6)    No person shall direct, supervise or otherwise discharge, cause, permit, or contribute to the discharge to the storm drain system or receiving waters any pollutant that injures or constitutes a hazard to human, animal, plant or aquatic life, or creates a public nuisance.

(7)    No person shall direct, supervise or otherwise discharge, cause, permit, or contribute to the discharge to the storm drain system or receiving waters any noxious or malodorous liquid, gas, or solid in sufficient quantity, either singly or by interaction with other materials, which creates a public nuisance, hazard to life, or inhibits authorized entry of any person into the storm drain system.

E.    STORM WATER AND RUNOFF POLLUTION MITIGATION FOR CONSTRUCTION ACTIVITY: No person shall commence any construction activity for which a permit is required by Title 9 Chapter 3 of this code without implementing all storm water and runoff pollution mitigation measures required by such permit.

F.    PROHIBITED DISCHARGES FROM INDUSTRIAL OR COMMERCIAL ACTIVITY: The following discharges from industrial or commercial activities are prohibited unless the discharge is in compliance with an NPDES permit:

(1)    Discharge of wash waters to the storm drain system from the cleaning of gas stations, auto repair garages, or other types of auto repair facilities;

(2)    Discharge of wastewater to the storm drain system from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;

(3)    Discharge to the storm drain system from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluids or coolants is undertaken;

(4)    Discharge to the storm drain system from storage areas for materials containing grease, oil, or hazardous materials, or uncovered receptacles containing hazardous materials, grease, or oil;

(5)    Discharge of swimming pool filter backwash to the storm drain system;

(6)    Discharge from the washing of toxic materials from paved or unpaved areas to the storm drain system;

(7)    Discharge from the washing out of concrete trucks, concrete mixers or other construction equipment to the storm drain system; or

(8)    Discharge from the washing or rinsing of mats, grates, floor coverings, equipment or garbage bins or cans from any commercial kitchen, or from any other commercial food preparation or processing activity into the storm drain system.

(9)    Discharge of untreated runoff from the washing of impervious surfaces into the storm drain system. This provision shall apply unless the washing is specifically required by State codes and is conducted in accordance with Section 8-1-1004.

G.    INDUSTRIAL/COMMERCIAL FACILITY SOURCES REQUIRED TO OBTAIN AN NPDES PERMIT: Any industrial or commercial facility required to have an NPDES permit shall retain on-site and, upon request, make immediately available to the Director the following documents as evidence of compliance with permit requirements, as applicable:

(1)    A copy of the NPDES permit issued for the activity or the notice of intent to comply with a general permit to discharge storm water associated with industrial activity as submitted to the State Board or report of waste discharge as submitted to a Regional Board of jurisdiction;

(2)    A waste discharge identification number issued by the State Board or copy of the NPDES permit issued by a Regional Board;

(3)    A SWPPP and a monitoring program plan or group monitoring plan;

(4)    Storm water quality data; and

(5)    Evidence of facility self-inspection.

H.    PUBLIC FACILITY SOURCES REQUIRED TO OBTAIN AN NPDES PERMIT: Any public facility required to have an NPDES permit shall retain on-site and, upon request, make immediately available to the Director the following documents as evidence of compliance with permit requirements, as applicable:

(1)    A copy of the NPDES permit issued for the activity or the notice of intent to comply with a general permit to discharge storm water associated with industrial activity as submitted to the State Board or report of waste discharge as submitted to a Regional Board of jurisdiction;

(2)    A waste discharge identification number issued by the State Board or copy of the NPDES permit issued by a Regional Board;

(3)    A SWPPP and a monitoring program plan or group monitoring plan;

(4)    Storm water quality data; and

(5)    Evidence of facility self-inspection.

I.    NOTIFICATION OF UNCONTROLLED DISCHARGES REQUIRED:

(1)    Upon the discovery of an uncontrolled discharge to the storm drain system, the discharger or permittee shall immediately notify the Director of the incident by telephone in addition to any other notifications to public agencies as may be required by law. The notification shall include location of the discharge, type of materials discharged, estimated concentration and volume of the discharge, and corrective actions taken to contain or minimize the effects of the discharge.

(2)    Within 10 calendar days after the first discovery of the uncontrolled discharge, the discharger or permittee shall submit to the Director a detailed written report describing the cause of the discharge, corrective action taken and measures to be taken to prevent future occurrences, and measures taken to remediate the effects of the discharge. Such notification shall not relieve the discharger or permittee from liability or fines incurred as a result of the uncontrolled discharge. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 13-3,848, eff. 1/17/14; 3721.]

8-1-1004: RUNOFF MANAGEMENT REQUIREMENTS:

A.    Good Housekeeping Provisions: An owner or occupant of any property shall comply with the following good housekeeping requirements:

(1)    No person shall leave, deposit, discharge, dump, or otherwise expose any chemical, fuel, animal waste, garbage, batteries, and/or septic waste in an area where actual or potential discharge to the City streets or the storm drain system may occur. Any spills, discharge, or residues shall be removed as soon as possible and disposed of properly.

(2)    Objects, such as motor vehicle parts, containing grease, oil, or other hazardous materials, and unsealed receptacles containing hazardous materials, shall not be stored in areas exposed to storm water or otherwise susceptible to runoff.

(3)    Any machinery or equipment which is to be repaired or maintained in areas exposed to storm water or otherwise susceptible to runoff shall be provided with containment areas to control leaks, spills, or discharges.

(4)    All motor vehicle parking lots with more than twenty five (25) parking spaces and located in areas exposed to storm water or otherwise susceptible to runoff shall have all debris removed by regular sweeping or other equally effective measures. Such debris shall be collected and properly disposed of.

B.    Conditionally Exempt Non-Storm water BMPs: No person shall direct, supervise or otherwise cause any of the following discharges to enter the storm drain system unless such discharge meets all specified conditions or as otherwise approved by the Director or General Manager.

(1)    Discharges from essential non-emergency fire fighting activities must implement appropriate BMPs based on CAL FIRE, Office of the State Fire Marshal’s Water-Based Fire Protection Systems Discharge Best Management Practices Manual (September 2011) for water-based fire protection system discharges, and based on Riverside County’s Best Management Practices Plan for Urban Runoff Management (May 1, 2004) or equivalent BMP manual for fire training activities and post-emergency fire fighting activities.

(2)    Discharges from drinking water supplier distribution systems, where not otherwise regulated by an NPDES permit must implement appropriate BMPs based on the American Water Works Association (California-Nevada Section) Guidelines for the Development of Your Best Management Practices (BMP) Manual for Drinking Water System Releases (2005) or equivalent industry standard BMP manual.

(a)    Discharges from drinking water supplier distribution systems greater than 100,000 gallons must obtain a permit from the Director or General Manager.

(3)    Discharges from swimming pools or spas must obtain a permit from the Director and demonstrate the following;

(a)    The discharge must be neutralized, dechlorinated, and debrominated.

(b)    The discharge must not contain other chemicals, including salts from salt water pools, that would have detrimental effect on the storm drain system or the receiving waters.

(4)    Discharges from the following sources must comply with guidance and conditions established by the Director or General Manager including if directed to obtain a permit.

(a)    Dewatering of lakes

(b)    Landscape irrigation

(c)    Dewatering of decorative fountains

(d)    Non-commercial car washing by residents or by non-profit organizations;

(e)    Street/sidewalk wash water

(5)    Permits:

(a)    Each application for a permit shall be accompanied by a permit fee in an amount designated in the Burbank Fee Resolution to cover the cost of investigation, inspection, and processing the permit together with a cash deposit in an amount deemed sufficient by the Director or General Manager to reimburse the City for any expense it may incur as a result of such use of the street.

(b)    Pursuant to Section 8-1-1002, the Director or General Manager may establish standards and conditions in the permit for such discharges, including but not limited to the monitoring, record keeping, and reporting requirements.

C.    Best Management Practices for Construction Activity: All BMPs required as a condition of any permit for construction activity granted pursuant to Title 9, Chapter 3 of this code shall be maintained in full force and effect during the term of the project, unless otherwise authorized by the Director.

D.    Best Management Practices For Industrial And Commercial Facilities: All industrial and commercial facilities shall implement BMPs to the maximum extent practicable. Minimum BMPs applicable to all industrial and commercial facilities include, but are not limited to:

(1)    Termination of all nonstorm water discharge to the storm drain system that is not specifically authorized by an NPDES permit;

(2)    Exercising general good housekeeping practices;

(3)    Incorporating regular scheduled preventive maintenance into operations;

(4)    Maintaining spill prevention and control procedures;

(5)    Implementing soil erosion control;

(6)    Posting on site private storm drains to indicate that they are not to receive liquid or solid wastes;

(7)    Implementing regular cleaning of the on site private storm drain system; and

(8)    Ensuring that storm water runoff is directed away from operating, processing, fueling, cleaning and storage areas.

E.    Installation of Structural BMPs: No person shall install a structural BMP for the purpose of treating, neutralizing, disposing of, monitoring or diverting to the sanitary sewer system any runoff without the approval of the Director. Such facilities may be subject to plan review, application and issuance of operating permits pursuant to Article 5 of this chapter.

F.    BMPs to Be Consistent with Environmental Goals: No person shall install or implement a BMP that transfers pollutants to air, ground water, surface soils and/or other media in a manner inconsistent with applicable environmental laws and regulations. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 13-3,848, eff. 1/17/14.]

8-1-1005: VIOLATIONS AND ENFORCEMENT:

A.    ENFORCEMENT -- DIRECTOR’S POWERS AND DUTIES: The Director shall have primary responsibility for the enforcement of the regulations in this article and shall have the power to render interpretations of this article and to adopt and enforce rules and regulations supplemental to this article as may be deemed necessary to clarify the application of the provisions of this ordinance. The Director may enter into agreements with other departments for the purpose of implementing this article.

B.    IDENTIFICATION FOR INSPECTORS AND MAINTENANCE PERSONNEL: The Director shall provide means of identification to inspectors and storm drain system maintenance personnel which shall identify them as such. Inspectors and storm drain system maintenance personnel shall identify themselves upon request in the performance of their duties under this article.

C.    OBSTRUCTING ACCESS TO FACILITIES PROHIBITED: No object, whether a permanent structure, a temporary structure, or any object which is difficult to remove, shall be located on any storm drain easement or placed in such a position as to interfere with the ready and easy access to any facility conveying storm water or runoff as described in this article unless authority is granted by the Director. Upon notification by the Director, any such obstruction shall be immediately removed by the responsible party at no expense to the City, and shall not be replaced.

D.    INSPECTION TO ASCERTAIN COMPLIANCE - ACCESS REQUIRED:

(1)    Industrial or Commercial facilities shall be subject to inspection by the Director to assess whether applicable BMPs are being implemented.

Approval as a result of an inspection shall not be construed to be an approval of a violation of this ordinance or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this ordinance or of other ordinances of the jurisdiction shall not be valid.

When timely compliance with this Title and minimum standards, guidelines, and/or criteria for specific discharges, connections, and/or BMPs specified by the Director is not achieved by the facility, the inspector shall document observations of potential violations or violation and provide notification to the Regional Water Quality Control Board of the possible violations and the location of the facility.

(2)    The Director may at any reasonable hour enter upon any premises, subject to approval of the occupant, or if refused, after obtaining an appropriate warrant to inspect any publicly or privately owned storm drain, storm drain connection, street, gutter, yard, plant, storage facility, building, BMP, NPDES permit, SWPPP, storm water management plan, construction activity or other facility to ascertain whether such facilities, plans, or protective measures are in place, maintained and operated in accordance with the provisions of this article.

(3)    In the course of such inspection, the Director may:

(a)    Inspect, sample, make flow measurements of any runoff, discharge or threatened discharge;

(b)    Place on the premises devices for runoff or discharge sampling, monitoring, flow measuring or metering;

(c)    Inspect, copy, or examine any records, reports, plans, test results or other information required to carry out the provisions of this article, to the extent allowed by law; and

(d)    Photograph any materials, storage areas, waste, waste containers, BMP, vehicle, connection, discharge, runoff and/or violation discovered during an inspection.

E.    INTERFERENCE WITH INSPECTOR PROHIBITED: No person shall, during reasonable hours, refuse, restrict, resist or attempt to resist the entrance of the Director into any building, factory, plant, yard, construction project or other place or portions thereof in the performance of their duty within the powers conferred upon them by law.

F.    ENFORCEMENT REMEDIES: When work is being done contrary to this article, the Director may order the work be corrected to achieve compliance with the provisions of this article. Failure to comply with the terms and conditions of an enforcement action shall constitute a violation of this article, and may result in escalation of the enforcement action. Remedies include those identified in this article and administrative enforcement provided by BMC 8-1-509.2-509.5, BMC 1-1-108.1, as well as judicial remedies provided by BMC 8-1-510.1, BMC 8-1-510.2, and BMC 1-1-105.

If a person fails to comply with an enforcement action issued under this section to remove an illicit connection, source or pollution, illegal discharge, obstruction, or other encroachment to the storm drain system, the Director may perform the work as provided in Section 8-1-1005.H. of this article. The person(s) responsible for directing, supervising, installing and/or operating such a facility shall be liable to the City for the cost of such work, including reasonable attorneys fees and other costs of enforcement, to be recovered in a civil action in any court of competent jurisdiction.

1.    A Verbal Warning, in response to threatened violations. Verbal warnings are documented and attached to the inspection file. Verbal warnings must include:

a.    A description of the threatened violation.

b.    A specific time frame for correcting the problem.

c.    A follow-up inspection date.

2.    A Written Warning in response to threatened violations or a minor violation. Written warnings are documented and attached to the inspection file. The Written Warning shall include:

a.    The name and location of the project.

b.    The name and address of the owner and contractor

c.    A description of the violation.

d.    A specific time frame for correcting the problem.

e.    A follow-up inspection date.

3.    A Compliance Meeting may be arranged to discuss the nature of a violation with the responsible party prior to initiation of a more formal enforcement action.

4.    A Notice of Violation (NOV) in response to a significant violation, multiple minor violations or repeat violations. The NOV shall include:

a.    The name and location of the project.

b.    The name and address of the owner and contractor

c.    A description of the violation, including the code section violated.

d.    A specific time frame for correcting the problem.

e.    A follow-up inspection date.

G.    VIOLATION A PUBLIC NUISANCE: Any discharge in violation of this article, any illicit connection, and/or any violation of runoff management requirements shall constitute a threat to public health and safety and is declared and deemed a public nuisance.

H.    NUISANCE ABATEMENT -- DIRECTOR TO PERFORM WORK WHEN - COSTS: Whenever a nuisance shall be found to exist on any premises, the Director may summarily abate such nuisance upon determination that the nuisance constitutes an immediate threat to public health or safety, or the Director may notify in writing the person(s) having control of or acting as agent for such premises to abate or remove such nuisance within such time as is stated on the notice. Upon the failure or refusal of such person(s) to comply with the notice, the Director may abate such nuisance in the manner provided by law. The person(s) having control of such premises, in addition to the penalties provided by this article, shall be liable to the City for any costs incurred by the City for such abatement, including reasonable attorneys fees and other costs of enforcement, to be recovered in a civil action in any court of competent jurisdiction.

I.    VIOLATION - PENALTY: In addition to any other remedy set forth in this Article, any person, firm, corporation, municipality or district or any officer or agent of any firm, corporation, municipality or district violating any provision of this article shall be guilty of a misdemeanor. Such violation shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the City jail for a period not to exceed six months, or by both such fine and imprisonment. Each day during any portion of which such violation is committed, continued or permitted shall constitute a separate offense and shall be punishable as such.

J.    PENALTIES NOT EXCLUSIVE: Penalties under this article are in addition to, and do not supersede or limit, any and all other penalties or remedies provided by law.

K.    CONFLICTS WITH OTHER CODE SECTIONS: The provisions of this article shall control over any inconsistent or conflicting provisions of this code.

L.    SEVERABILITY: If any portion of this article or the application thereof to any person or circumstances is held invalid, the remainder of this article, and the application of such provisions to other persons or circumstances, shall not be affected thereby. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 13-3,848, eff. 1/17/14; 3721.]

8-1-1006: RESERVED:

[Deleted by Ord. 13-3,848, eff. 1/17/14.]

8-1-1007: AUTHORITY OF DIRECTORS OF PUBLIC WORKS AND COMMUNITY DEVELOPMENT TO IMPLEMENT STANDARD URBAN STORM WATER MITIGATION PLAN AND STORM WATER POLLUTION CONTROL MEASURES FOR DEVELOPMENT PLANNING:

The Directors of Public Works and Community Development shall make rules and regulations when necessary to interpret the Standard Urban Storm Water Mitigation Plan (SUSMP) and development planning standards fairly. Such rules shall be published and maintained at the Office of the City Clerk. Such rules may include the adoption of a fee to pay for the City’s expenses related to the implementation of the SUSMP and development planning standards. If so, such fee shall not be effective until it is set forth in the City’s Fee Resolution.

The Community Development Director has the authority to enter into covenants, on behalf of the City, to assure that proper maintenance of the BMPs which shall be recorded with the Los Angeles County Recorder’s Office, and run with the land. Such covenant may require annual self-certification by the developer, landowner, or other responsible party of compliance with the ongoing maintenance obligations. Such covenant may be released if alternative BMPs have been substituted into the project, or are otherwise no longer necessary. [Added by Ord. 3552. Amended by Ord. No. 13-3,848, eff. 1/17/14; 3677.]


1

State law reference: As to sewer maintenance districts, see Health & S.C. §§ 4860-4927. As to sewer revenue bonds, see Health & S.C. §§ 4950-5072. As to Municipal Sewer and Water Facilities Law of 1911, see Health & S.C. §§ 4600-4650.


2

State law reference: As to definitions, see Health & S.C. § 5410.


3

State law reference: As to construction of sewers, see Gov.C. § 38900.


4

State law reference: As to provisions relating to compulsory connection with sewage system, see Gov.C. § 54352; Health & S.C. §§ 4762, 5463.


5

State law reference: As to lien for work done in making connection to sewer, see Health & S.C. § 5463.