Chapter 5. Nonresidential Waste

Article 1. General Provisions

Sec. 5-5.101 Purpose and Policy.

This Chapter sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the City of Hercules and enables the City to comply with all applicable State and Federal laws. The objectives of this Chapter are:

(a) To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

(b) To prevent the introduction of pollutants into the municipal wastewater system which will pass into the receiving waters, the atmosphere or otherwise be incompatible with the system;

(c) To improve the opportunity to recycle and reclaim wastewaters and sludge from the system;

(d) To provide for equitable distribution of the cost of the municipal wastewater system.

This Chapter provides for the regulation of the contributors to the municipal wastewater system through the issuance of permits to certain users and through enforcement of general requirements for other users, authorizes monitoring and enforcement activities, requires user reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the program established in this Chapter.

Although this Chapter applies generally to industrial users, it shall nevertheless apply to any domestic or commercial discharger who, in the sole opinion of the City Manager, is discharging wastes not in conformance with Article 2 of the Chapter.

This Chapter shall apply to the City of Hercules and to persons outside the City who are, by contract or agreement with the City, users of the Hercules and/or Pinole Sewage Treatment Plant. This Chapter is a supplement to Chapter 4 of this title of this code. This Chapter also supplements the Joint Powers Agreement (JPA) between Pinole and Hercules dated January 23, 2001, wherein said Joint Powers Agreement supersedes the February 9, 1983 agreement. This Chapter also incorporates Chapter 13.05 of the Pinole Municipal Code, “Regulation of Waste Discharge into Pinole/Hercules Water Pollution Control Plant and Pinole Collection System”. Should any parts of the Pinole Regulation be inconsistent or conflicting with this ordinance, then the more stringent interpretation between the two (2) documents shall apply.

Except as otherwise provided in this Chapter, the City Manager of the City of Hercules shall administer, implement, and enforce the provisions of this Chapter and the aforementioned Pinole Regulations as said provisions relate to Hercules. In administering, implementing and enforcing the Pinole Regulations, the Hercules City Manager shall meet and confer with the City Manager of Pinole and his staff to determine any discharge requirements that may be required of any Hercules dischargers as said dischargers relate to the Pinole POTW. (Ord. 366 § 1, 2001: Ord. 201 § 1.1, 1985)

Sec. 5-5.102 Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Chapter, shall have the meanings hereinafter designated:

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

(b) Approval Authority. The director in an NPDES state with an approved state pretreatment program.

(c) Authorized Representative of Industrial User. An authorized representative of an industrial user may be: (1) a principal executive officer of at least the level of vice president if the industrial user is a corporation; (2) a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (3) a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

(d) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20° centigrade expressed in terms of weight and concentration (milligrams per liter (mg/1))

(e) Building Sewer. A sewer connecting wastewater from the premises of a user to the City of Hercules sewer system.

(f) Categorical Standards. National Categorical Pretreatment Standards or pretreatment standard.

(g) Chemical Oxygen Demand (COD). The measure of chemically decomposable material in domestic or industrial wastewater as represented by the oxygen utilized as determined by the appropriate procedure described in “Standard Methods.”

(h) City. The City of Hercules or the City Council of Hercules.

(i) City Manager. The person designated by the City to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.

(j) Cooling Water. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

(k) Control Authority. The term “control authority” shall refer to the “approval authority” defined in this Section.

(l) Diluting Waters. Water from cooling water sources, domestic sewage, potable water which is not normally from industrial processes and which does not contain constituents requiring pretreatment.

(m) Direct Discharge. The discharge of treated or untreated wastewater directly to the waters of the State of California.

(n) Environmental Protection Agency, or EPA. The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of the agency.

(o) Grab Sample. A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

(p) Holding Tank Waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks, and sometimes referred to as septage.

(q) Indirect discharge. The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307 (b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system).

(r) Industrial Wastewater. All water-carried wastes and wastewater of the community excluding domestic wastewater and uncontaminated water; and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes of non-human origin.

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

(t) Institution and Institutional Establishment. Any school, church, hospital, lodge, club, fire department, library, memorial building or similar establishment.

(u) National Categorical Pretreatment Standard or Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307 (b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.

(v) National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Any regulation developed under the authority of Section 307 (b) of the Act and 40 CFR, Section 403.5.

(w) New Source. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307 (c) (33 U.S.C. 1317) Categorical Pretreatment Standard which will be applicable to such source, if such standard is thereafter promulgated within one hundred twenty (120) days of proposal in the “Federal Register”. Where the standard is promulgated later than one hundred twenty (120) days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.

(x) National Pollution Discharge Elimination System or NPDES Permit. A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

(y) Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include feminine, the singular shall include the plural where indicated by the context.

(z) pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

(aa) Pollution. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

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

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

(dd) Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment.

(ee) Publicly Owned Treatment Works) (POTW). A treatment works as defined by Section 212 of the Act, (33 U.S.C. 1292) which is owned in this instance by the City of Pinole. It shall also include any plant owned by Hercules. This definition includes any sewers and pumps that convey wastewater to the POTW, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this Chapter, POTW shall also include any sewers and pumps that convey wastewaters to the POTW from persons outside the City of Hercules who are, by contract or agreement with the City, users of the Hercules POTW or Pinole POTW.

(ff) POTW Treatment Plant. That portion of the POTW designed to provide treatment to wastewater.

(gg) Shall is mandatory; May is permissive.

(hh) Significant User. Any user of the City’s wastewater disposal system who (1) has a discharge flow of twenty-five thousand (25,000) gallons or more of equivalent domestic sewage per average work day; or (2) has in its wastes, toxic pollutants as defined in Article 2 of this Chapter and pursuant to Section 307 of the Act of California Statutes and Rules; or (3) is found by the City, State of California Regional Water Quality Control Board, or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing dischargers, on the wastewater treatment system, the quality of the sludge, the system’s effluent quality, or air emissions generated by the system. Significant users shall be determined solely by the City Manager and may include domestic or commercial dischargers.

(ii) State. State of California including the Regional Water Quality Control Board (RWQCB).

(jj) Standard Industrial Classification (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

(kk) Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom.

(ll) Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.

(mm) Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307 (a) or other Acts or in Article 2 of this Chapter.

(nn) User. Any person who contributes, causes or permits the contribution of wastewater into the City’s POTW.

(oo) Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is permitted to enter the POTW.

(pp) Waters of the State. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within.

(qq) Wastewater Contribution Permit. As set forth in Section 5-5.402 of this Chapter. (Ord. 201 § 1.2, 1985)

Sec. 5-5.103 Abbreviations.

The following abbreviations shall have the designated meanings:

BOD    Biochemical Oxygen Demand

CFR    Code of Federal Regulations

COD    Chemical Oxygen Demand

EPA    Environmental Protection Agency

l    Liter

mg    Milligrams

mg/l    Milligrams per liter

NPDES    National Pollutant Discharge Elimination System

POTW    Publicly Owned Treatment Works

SIC    Standard Industrial Classification

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

USC    United States Code

TSS    Total Suspended Solids

(Ord. 201 § 1.3, 1985)

Article 2. Regulations

Sec. 5-5.201 General Discharge Prohibitions.

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

A user may not contribute the following substances to any POTW:

(a) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system, (or at any point in the system) be more than five percent, (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, and any other substances which the City, the State, or EPA has notified the user is a fire hazard or a hazard to the system.

(b) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch (72") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.

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

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

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

(f) Any substance which will cause the POTW to violate its NPDES and/or State

Disposal System Permit or the receiving water quality standards.

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

(h) Any wastewater having a temperature which will inhibit biological activity or exceeds 150° F at the point of entry into the POTW.

(i) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or quantities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour flow, concentration, or quantities during normal operation.

(j) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by applicable State or Federal regulations.

(k) Any wastewater which causes a hazard to human life or creates a public nuisance or damage to the POTW.

(l) Any rainwater, storm water, ground water, swimming pool backwash, street drainage, subsurface drainage, roof drainage, yard drainage, water from yard fountains, ponds or lawn sprays or any other uncontaminated water.

If approval is granted for the discharge of such water into the sewer system, the user shall pay the applicable wastewater service charges and fees and meet such other conditions that may be required by the City.

(m) Any diluting waters added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations.

(n) Prohibition on holding tank wastes. Liquid wastes that have been collected and held in tanks or containers shall not be discharged into the city sewer system. Wastes of this category include but are not limited to:

(1) Septic tank pumpings;

(2) Chemical toilet wastes;

(3) Trailer, camper, housecar, or other recreation vehicle wastes;

(4) Pleasure boat washes;

(5) Waste collected in containers or tanks for off-site disposal.

When the City Manager determines that any user (industrial, commercial, or residential) is contributing to the POTW any of the above enumerated substances in such amounts as to interfere with the operation of the POTW, the City Manager shall: (1) advise the user of the impact of the contribution on the POTW; and (2) develop effluent limitations for such user to correct the interference with the POTW. (Ord. 201 § 2.1, 1985)

Sec. 5-5.202 Federal Categorical Pretreatment Standards.

Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The City Manager shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12. (Ord. 201 § 2.2, 1985)

Sec. 5-5.203 Modification of Federal Categorical Pretreatment Standards.

Where the City’s wastewater treatment system achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the City may apply to the Regional Water Quality Control Board for modification of specific limits in the Federal Pretreatment Standards. Samples shall be taken in accordance with the following:

(a) Influent and effluent operational data shall be representative of yearly and seasonal conditions to which the POTW is subjected for each pollutant for which a discharge limit revision is proposed.

(b) The data shall be representative of the quality and quantity of normal effluent and influent flow of the system;

(c) The data shall be obtained through a composite sample taken on each of three (3) consecutive days during each season. Each composite sample will contain a minimum of twelve (12) discrete samples taken at equal time intervals over the twenty-four (24) hour period and proportional to the flow. More than the minimum number of discrete samples may be required where necessary to determine consistent removal;

(d) Where a composite sample is not an appropriate sampling technique, a grab sample may be taken. Grab samples will be required, for example, where the parameters being evaluated are those, such as cyanide and phenol, which may not be held for any extended period because of biological, chemical, or physical interactions which take place after sample collection and affect the results. A grab sample is an individual sample collected over a period of time not exceeding fifteen (15) minutes. Once prior approval is obtained from the Regional Water Quality Control Board, the City may then modify the pollutant discharge limits in the Federal Pretreatment Standards if the requirements contained in 40 CFR, Part 403, Section 403.7, are fulfilled and prior approval from the approval authority is obtained. (Ord. 201 § 2.3, 1985)

Sec. 5-5.204 Specific Pollutant Limitations.

(a) Table 5-5.204 represents the “Average Concentration” and “Mass Discharge Limitation for Aggregate Discharges” as allowed.

(b) Any water or waste which contains more than 100 parts per million (ppm), by weight, of oil or grease of petroleum origin; which contains more than 300 ppm, by weight, of fat, oil, or grease of animal or vegetable origin; or which contains grease or oil or other substances that will solidify or become discernible viscous at temperatures between 32° F to 104° F.

(c) Having a pH lower than 6.0 or greater than 9.0 or wastewater having any corrosive property capable of causing damage or hazard to the POTW or City personnel.

(d) Effluent limitations promulgated by the Federal Act shall apply in any instance where they are more stringent than those in this chapter. The limitations on wastewater strength in this chapter may be supplemented with more stringent limitations under the following circumstances:

(1) If the City Manager determines that the limitations in any section of this chapter may not be sufficient to protect the operation of the City’s or Pinole’s sewerage system; or to comply with the POTW’s NPDES permit;

(2) If the City Manager determines that the limitations in subsection (b) or (c) of this section may not be sufficient to enable the City’s Water Pollution Control Plant to comply with water quality standards or effluent limitations specified in the City’s NPDES permit.

(e) Any discharge which exceeds twenty percent (20%) of the mass discharge limitations listed in Table 5-5.204.

Should the POTW’s current flows exceed these mass flow quantities for any toxicant, then the City Manager may decrease the allowable concentration for that respective toxicant to any prospective user. Conversely, if the POTW’s flows are less than the mass flow quantities for any toxicant, then the City Manager may increase the allowable concentration for the respective toxicant to any prospective user.

The increase in allowable concentration may take the form of a “bubble concept” permit whereby several dischargers or discharge points are considered for their aggregate concentration of constituents. Individual dischargers would be permitted to exceed the allowable concentration (see Table 5-5.204) as long as the sum concentration for the group does not exceed allowable levels. (Ord. 201 § 2.4, 1985)

TABLE 5-5.204


Allowable Average* Concentration Milligrams/Liter

Mass Discharge Limitation for Aggregate Discharges Kg/Day for Industrial Flow of .4 mgd








Chlorinated Hydrocarbons used for control of plants, insects, etc.



Chromium, total


















Total toxic organics, excluding phenols



Phenolic compounds









* Flow weighted concentration for a six (6) consecutive month period.


Sec. 5-5.205 State Requirements.

State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this chapter. (Ord. 201 § 2.5, 1985)

Sec. 5-5.206 City’s Right of Revision.

The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in Section 5-5.101 of this Chapter. (Ord. 201 § 2.6, 1985)

Sec. 5-5.207 Excessive Discharge.

No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the City or State. (Ord. 201 § 2.7, 1985)

Sec. 5-5.208 Accidental Discharges.

Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Chapter. Facilities to prevent accidental discharge of prohibited materials shall be consistent with EPA practice, and shall be provided and maintained at the owner’s or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review, and shall be approved by the City before construction of the facility. No user who commences contribution to the POTW after the effective date of the ordinance codified in this Chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

Written Notice. Within five (5) days following an accidental discharge, the user shall submit to the City Manager a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, groundwater, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.

Notice to Employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. (Ord. 201 § 2.8, 1985)

Article 3. Fees

Sec. 5-5.301 Purpose.

It is the purpose of this Article to provide for the recovery of costs from users of the City’s wastewater disposal system for the implementation of the program established herein. These charges relate solely to the matters covered by this Article and are separate from all other fees chargeable by the City. (Ord. 201 § 3.1, 1985)

Sec. 5-5.302 Items of Work to be Billed to Dischargers on a Time and Materials Basis.

The City Manager may elect to charge the discharger on a time and material basis for the following items:

(a) Reviewing accidental discharge procedures;

(b) Costs related to the setting up and operation of any pretreatment program, including the costs of reviewing the pretreatment process and construction plans;

(c) Filing appeal;

(d) Costs to City relating to the consistent removal of pollutants subject to Federal Pretreatment Standards;

(e) Preparing and processing requests relative to consistent removal of pollutants subject to Federal Pretreatment Standards;

(f) Monitoring, inspection and surveillance, including periodic sampling by the City to insure that self-monitoring programs are accurately recording wastewater discharge conditions;

(g) All costs and fees charged to Hercules by Pinole with respect to each discharger;

(h) All costs relating to the processing of permits for significant users when such costs exceed the permit application fee;

(i) Other charges as the City may deem necessary to carry out the requirements contained herein. (Ord. 256 Div. 1, 1987: Ord. 201 § 3.2, 1985)

Sec. 5-5.303 Items of Work to be Included in Permit Application Fee.

The City Manager may elect to waive any additional charges for the following items in consideration of the permit fee as provided for in Section 5-5.402 (b) of this Chapter.

(a) Costs of setting up and operating the City’s industrial wastes program;

(b) Monitoring, inspections, and surveillance procedures as they relate to general compliance, but not to accidental or non-compliance discharge.

(c) Processing permit applications. (Ord. 201 § 3.3, 1985)

Article 4. Administration

Sec. 5-5.401 Wastewater Dischargers.

It shall be unlawful to discharge, without a permit from the City of Hercules, to any natural outlet within the City of Hercules, or in any are under the jurisdiction of the City, and/or to the POTW any wastewater except as authorized by the City Manager in accordance with the provisions of this Chapter. (Ord. 201 § 4.1, 1985)

Sec. 5-5.402 Wastewater Contribution Permits.

(a) General Permit. All significant users in industrial zone properties proposing to connect to or contribute to the POTW shall obtain a Wastewater Contribution Permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall obtain a Wastewater Contribution Permit within one hundred eighty (180) days after the effective date of this Chapter.

(b) Permit Application. Users required to obtain a Wastewater Contribution Permit shall complete and file with the City, an application in the form prescribed by the City, and accompanied by a fee of One Thousand Dollars ($1,000). Domestic and commercial dischargers which are suspected of not meeting Article 2 of this Chapter shall deposit the One Thousand Dollar ($1,000) fee which may be returned in full or in part if the required data provided by the discharger indicates that the domestic or commercial discharger meets Article 2 of this Chapter and is not a significant user.

All dischargers located in industrial-zoned land shall file a permit application regardless of any question of their discharge flow exceeding the requirements of Article 2 of this Chapter whether or not they are a significant user. All proposed new users, subject to this Chapter, shall apply for a Wastewater Contribution Permit at the time of making application for a Building Permit and/or Tenant Improvement Permit, whichever is sooner, provided, however, if a Use Permit is required, then the Wastewater Contribution Permit application shall be made at the time of application for the Use Permit. If no Building Permit, Tenant Improvement Permit or Use Permit is required, then application for Wastewater Contribution Permit shall be submitted no less than one hundred twenty (120) days prior to the intended date for connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

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

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

(3) Wastewater constituents and characteristics including but not limited to those mentioned in Article 2 of this Chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA;

(4) Average daily wastewater flow rates, including daily, monthly, and seasonal variations, and slug discharges, if any;

(5) Site plans showing all building sewers and appurtenances (manholes, distribution boxes, etc.);

(6) A brief description of activities, facilities, and plant processes on the premises including all materials that are or could be involved in discharges to the sewer,

(7) If additional pretreatment will be required to meet the pretreatment standards, then the applicant shall supply the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard;

(8) Other information as deemed appropriate by the City Manager.

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction);

(9) Submit report in compliance with EPA baseline monitoring reporting documents.

The City will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue a Wastewater Contribution Permit, subject to terms and conditions provided herein.

(c) Permit Conditions. Wastewater Contribution Permits shall be expressly subject to all provisions of this Article and all other applicable regulations, user charges, and fees established by the City. The permit may be modified at any time by the City Manager if the purpose and policy of this Article is not being met. Permits may contain the following:

(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to the POTW.

(2) Limits on the average and maximum constituents and characteristics.

(3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

(4) Requirements for installation and maintenance of inspection and sampling facilities.

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

(6) Compliance schedules.

(7) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, and affording City access thereto.

(8) Requirements for notification of the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

(9) Requirements for notification of accidental slug discharges as per Section 5-5.208 of this Chapter.

(10) Other conditions as deemed appropriate by the City to ensure compliance with this Chapter.

(d) Permit Duration. Permits shall be issued for the specific time period, but in any case, shall be consistent with EPA requirements or Section 5-5.202(c)(10) of this Chapter. All permits may be issued for a period of less than a year or may be stated to expire on a specific date. The City Manager may elect to issue a permit for an indefinite period for those land uses within an industrial general area providing they are not significant users and discharge solely domestic waste. The user shall apply for permit reissuance a minimum of sixty (60) days prior to the expiration of the user’s existing permit. The fee for reissuance of an existing permit where the discharge has not changed shall be Two Hundred Fifty Dollars ($250). If the discharge conditions change, a new permit application and One Thousand Dollar ($1,000) fee shall be required.

The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements as identified in Article 2 of this Chapter are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(e) Permit Transfer. Wastewater Discharge Permits are issued to a specific user for a specific operation. A Wastewater Discharge Permit shall not be reassigned, transferred, or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the City. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

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

Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the City Manager during the months of June and December, unless required more frequently in the pretreatment standard or by the City Manager, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. The City Manager may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate. Reporting requirements shall comply with EPA baseline monitoring requirements.

Additionally, the City may require users, other than those subject to pretreatment standards, to submit periodic self-monitoring reports on the discharge including measured flow rates and the results of a sampling and analysis program to demonstrate compliance with the prescribed industrial waste requirements. The samples shall be analyzed by an independent laboratory approved by the State of California Department of Health Services for such analysis as required. The cost of the report and any analysis required shall be borne by the permittee. (Ord. 256 Div. 2, 1987: Ord. 201 § 4.2, 1985)

Sec. 5-5.403 Monitoring Facilities.

The City shall require to be provided and operated at the user’s own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facilities will normally consist of a monitoring manhole with a permanently installed flow meter and recording device. The flow meter shall be approved by the City. The facility will be designed to allow the periodic installation of a composite sampling device to collect samples for the self-monitoring reports. The City reserves the right to require the permanent installation of a sampling device.

The monitoring facility should normally be situated on the user’s premises, but the City may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

Monitoring facilities may be required by the City Manager even though the discharger may not initially be a significant user or initially be in violation of Article 2 of this Chapter.

The minimum horizontal dimension shall be five feet (5') for manholes in excess of ten feet (10') and shall be four feet (4') for shallower manholes. There shall be ample room in or near such sampling manhole or facility to allow for sampling apparatus and continuous flow measurement in recording devices. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. A 110V power source shall be located within six feet (6') of the facility. The user shall have any sampling apparatus and flow meter instruments calibrated at his own expense at least once every six (6) months, and full-flow calibrated once every three (3) years. This shall be done more frequently if required by the City Manager.

Whether constructed on public or private property, the sampling and monitoring facility shall be provided in accordance with the City’s requirements and all applicable local construction standards and specifications. Construction shall be completed prior to any discharges.

In lieu of continuous measurement, non-significant users may propose the use of water meter readings as a measure of sewer discharge rates. The water meter will be read and recorded as required in the self-monitoring report, and will be used to determine sewer use fees. A monitoring manhole would still be required to allow for periodic wastewater sampling. (Ord. 256 Div. 3, 1987: (Ord. 201 § 4.3, 1985)

Sec. 5-5.404 Inspecting and Sampling.

The City shall inspect the monitoring facilities of any user to ascertain whether the purpose of this Chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access to monitoring facilities at all reasonable times for the purposes of inspection, sampling, and records examination. The City, State, and EPA shall have the right to set up on the User’s property such devices as are necessary to conduct sampling inspection, compliance monitoring, and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, State, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (Ord. 201 § 4.4, 1985)

Sec. 5-5.405 Pretreatment.

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

All records relating to compliance with Pretreatment Standards shall be made available to officials of the State or EPA upon request. (Ord. 201 § 4.5, 1985)

Sec. 5-5.406 Confidential Information.

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

When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Chapter, the National Pollutant Discharge Elimination System (NPDES) Permit, State Disposal System permit and/or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the City as confidential shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten (10) day notification is given to the user. (Ord. 201 § 4.6, 1985)

Article 5. Enforcement

Sec. 5-5.501 Harmful Contributions.

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

Any person notified of a suspension of the wastewater treatment service and/or the Wastewater Contribution Permit shall immediately stop or eliminate the contribution. In the event of failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The City shall reinstate the Wastewater Contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within fifteen (15) days of the date of occurrence. (Ord. 201 § 5.1, 1985)

Sec. 5-5.502. Revocation of Permit.

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

(a) Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

(b) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

(c) Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or

(d) Violation of conditions of the permit. (Ord. 201 § 5.2, 1985)

Sec. 5-5.503. Notification of Violation.

Whenever the City finds that any user has violated or is violating this Chapter, his Wastewater Contribution Permit, or any prohibition, limitation, or requirement contained herein, the City may serve upon such person a written notice stating the nature of the violation.

Within thirty (30) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user. (Ord. 201 § 5.3, 1985)

Sec. 5-5.504. Show Cause Hearing.

(a) The City may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the City Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.

(b) The City Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the City to:

(1) Issue in the name of the City Council, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

(2) Take the evidence;

(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.

(c) At any hearing held pursuant to this Chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

(d) After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate measures are taken to correct the violation(s). Further orders and directives as are necessary and appropriate may be issued. (Ord. 201 § 5.4, 1985)

Sec. 5-5.505 Legal Action.

If any person discharges sewage, industrial wastes or other wastes into the City’s wastewater disposal system contrary to the provisions of this Chapter, state or federal pretreatment requirements, or any order of the City, the City Attorney may commence an action for appropriate legal and/or equitable relief in the courts of Contra Costa County. (Ord. 201 § 5.5, 1985)

Sec. 5-5.506 Appeals.

Any user, permittee, applicant or other person aggrieved by any decision, action, finding, determination, order or directive of the City Manager, made or authorized pursuant to the provisions of this Chapter, may file a written request with the City Manager for reconsideration thereof within ten (10) days of such decision, action, finding, determination, or order, setting forth in detail the facts supporting such user’s or person’s request for reconsideration. The City Manager shall render a final decision within ten (10) days of the receipt of such request for reconsideration.

Any user, permittee, applicant, or other person aggrieved by the final determination of the City Manager may appeal such determination of the City Manager to the City Council within ten (10) days of notification by the City Manager. Written notification of such appeal shall be filed with the City Clerk within ten (10) days after notification of the final determination of the City Manager, and shall set forth in detail the facts and reasons supporting the appeal. The appeal shall set forth in detail the facts and reasons supporting the appeal. The appeal shall be heard by the City Council within thirty (30) days from the date of filing the Notice of Appeal. Upon conclusion of the hearing, the Council may affirm, reverse or modify the final determination of the City Manager as the Council deems just and equitable. During the pendency of any such appeal, the final determination of the City Manager shall remain in force and effect. The Council’s determination on the appeal shall be final. (Ord. 201 § 5.6, 1985)

Article 6. Penalty—Costs

Sec. 5-5.601 Violations.

Any user who is found to have violated an order of the City Council or who wilfully or negligently failed to comply with any provision of this Chapter, and the orders, rules, regulations, and permits issued hereunder, shall, for each offense, be fined not less than One Hundred Dollars ($100) nor more than One Thousand Dollars ($1,000) plus the time and material costs accrued by the City relative to managing, holding of hearings, testing, and collection of data relative to the violation. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover any State fines or penalties imposed by the State or EPA and reasonable attorneys’ fees, court costs, court reporters’ fees, and other expense of litigation by appropriate suit at law against the person found to have violated this Chapter or the orders, rules, regulations, and permits issued hereunder. (Ord. 201 § 6.1, 1985)

Sec. 5-5.602 Falsifying Information.

Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this Chapter, or Wastewater Contribution Permit, 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 not more than One Thousand Dollars ($1,000) or by imprisonment for not more than six (6) months, or by both. (Ord. 201 § 6.2, 1985)