Chapter 13.11 INDUSTRIAL WASTE

“Director” means the Director of Public Works of the City of Palmdale or an authorized deputy, agent, representative or inspector designated by the Director of Public Works. (Ord. 1408 § 5, 2010; Ord. 1376 § 4 (Exh. A), 2009)

13.11.020 Discharge of offensive or damaging substances prohibited.

No person shall discharge or deposit or cause or suffer to be discharged or deposited at any time or allow the continued existence of a deposit of any material which may create a public nuisance or menace to the public health or safety, or which may pollute underground or surface waters, or which may cause damage to any storm drain channel or public or private property. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.030 Industrial waste permit required.

No person shall discharge or cause to be discharged any industrial wastewater to the public sewer system without first acquiring an industrial waste permit issued pursuant to Article III of this chapter. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.040 Dilution prohibited.

No person shall discharge or cause to be discharged any water or other substance added for the purpose of diluting any industrial waste to achieve compliance with limitations imposed by the provisions of this chapter. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.050 Construction of new industrial buildings – Information required.

Every person applying for an industrial waste permit for construction of a new industrial building, or for a change in use of an industrial building or for an addition or alteration to an existing industrial building shall furnish to the Director such plans, information, data, statements or affidavits as the Director may require for determination of the nature and quantity of industrial waste involved and the facilities to be provided for the disposal thereof. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.060 Construction of new industrial buildings – Building permit issuance prerequisites.

An application for an industrial waste permit to construct a new industrial building, to change the use of an industrial building or for an addition or alteration to an existing industrial building will not be approved until provision has been made for the installation of such pretreatment facilities and disposal methods or both as, in the opinion of the Director, are necessary to carry out the provisions and intent of this chapter. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.070 Permit to discharge industrial waste – Issuance conditions.

(A) The Director may issue a permit containing limitations or conditions, or both, and may modify an existing permit by the addition of or elimination of such conditions and limitations as may be necessary to accomplish the purpose of this chapter as determined necessary by the Director. No person shall discharge industrial waste in violation of the maximum permissible rate of discharge stated in the permit or in violation of any other concentrations or limitations in the permit.

(B) The Director shall impose a permit expiration date not to exceed a term of five years to ensure compliance with all applicable laws and regulations governing the disposal of industrial wastes. Application for renewal of such a permit shall be made not later than 180 days prior to the expiration date of the existing permit. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.080 Revised or renewal of permit – Application required when.

A permittee shall submit to the Director an application for revised industrial waste disposal permit and obtain approval prior to affecting any of the following waste discharge conditions:

(A) Change in method of disposal;

(B) Change in disposal point for nonsewered discharge;

(D) Change in character of the waste discharge; or

(E) Expiration of term of existing industrial waste permit granted pursuant to PMC 13.11.070. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.090 Expiration of application.

An application for an industrial waste disposal permit for which no permit is issued within 180 days following the date of application submittal shall expire by limitation. The application and other information submitted may thereafter be returned to the applicant or destroyed. The City may extend the time for action by the applicant for a period not to exceed 180 days upon written request by the applicant, showing that circumstances directly related to the processing of the application, but beyond the control of the applicant, have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall resubmit all necessary application forms and other data and pay a new application fee and plan review fee. No application shall be extended more than once. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.100 Grant or denial – Notice to applicant.

(A) The Director shall either grant, conditionally grant or deny a permit within a reasonable time after all fees required by this title have been paid and upon the receipt of a complete application with all supplemental data.

(B) The Director shall notify the applicant whenever City grants a permit, conditionally grants a permit, denies a permit, grants a permit subject to special conditions or limitations, or adds to or eliminates any conditions or limitations of an existing permit. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.110 Hearing – Time limit for request.

Any interested person, including the applicant or permittee, may appeal any decision of the Director by filing with the Director a written appeal and request for an appeal hearing within 30 days of notice of the decision. If the permittee does not file an appeal within such time, the permittee will be deemed to have consented to the action of the Director, and to have waived any right to an appeal. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.120 Hearing – Appointment of Administrative Hearing Officer.

Upon receipt of a written demand for an appeal hearing, the City Manager shall, within 15 calendar days, appoint one or more Administrative Hearing Officer(s) to conduct the appeals hearing. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.130 Hearing – Notice requirements.

Not later than 60 days after written demand for an appeal hearing has been requested, the Administrative Hearing Officer shall give notice of the time and place of appeal hearing to the applicant or permittee or any interested person, the Director, and when matters pertaining to public health are involved, not less than 20 days in advance of the date set for such appeal hearing. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.140 Hearing – Conduct – Administrative Hearing Officer determination authority.

The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.090. Within 30 days after the close of the appeal hearing, the Administrative Hearing Officer will issue a written decision to:

(A) Confirm the action of the Director in denying a permit or issuance of a permit subject to special conditions and limitations; or

(B) Instruct the Director to issue a permit without conditions or limitations or with such special conditions and limitations as the Administrative Hearing Officer may designate; or

(C) Continue suspension of an existing permit invoked by the Director pending correction of objectionable conditions by the permittee; or

(D) Remove the suspension of an existing permit invoked by the Director pending correction of objectionable conditions by the permittee; or

(E) Deny that objectionable conditions exist and reinstate an existing permit; or

(F) Revoke an existing permit on any of the following grounds:

(1) Failure of the permittee to correct conditions as required by the Director;

(2) Conditions which would justify the denial of a permit;

(3) Fraud or deceit was employed in the obtaining of a permit;

(4) Any other violation of this chapter or of any permit, license or exception granted hereunder; or

(G) Take any other appropriate action regarding the appealed permit, license, condition, limitation or exception. (Ord. 1605 § 28, 2023; Ord. 1376 § 4 (Exh. A), 2009)

13.11.150 Decision of the Administrative Hearing Officer final.

The written decision of the Administrative Hearing Officer when issued will constitute the final administrative decision on the matter. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.160 Failure to obtain permit deemed violation when.

A person who does not have an industrial waste permit and who has been notified by the Director that he is required to obtain an industrial waste permit pursuant to the provisions of this chapter shall immediately submit to the Director an application and all fees as required by this chapter for such permit, and shall rectify and cure all such violations. Failure to do so shall constitute a willful violation of this chapter. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.170 Successor in interest – New permit required.

The change of owner, operator or possessor, including a change in ownership of a majority of stock in any corporation, of a premises for which a permit had previously been granted shall file with the Director a new permit application, in accordance with the provisions of PMC 13.11.370 or 13.11.610, within 30 days after assumption of such title or interest, and shall furnish plans and data as may be required by the Director. If it appears from the application, data, and/or inspection of the facility that the succeeding operation and disposal practices comply with the provisions of this chapter, the Director, upon receipt of the fees hereinafter required, may issue a new industrial waste permit. The Director may issue an interim permit pursuant to PMC 13.11.180 to allow continued operations during the permit processing period. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.180 Interim permit – Ongoing discharge.

Upon determination that any person is discharging industrial wastewater directly or indirectly to a facility regulated by this chapter without a valid permit or upon receipt of an application for a permit for an ongoing discharge, an interim permit may be issued by the Director to allow the continuation of such discharge during the application review period, subject to such conditions, limitations, restrictions, and other provisions or requirements which the Director determines are necessary or advisable to protect the City sewage collection system and to assure compliance with all federal, state and local laws and that the continuation of such discharge will not be detrimental to the public health and safety. An interim permit is revocable by the Director at any time. Any person whose interim permit is revoked shall immediately cease and desist all unpermitted discharge of industrial waste. Unless revoked by the Director, the interim permit shall be enforceable until such time as a permit is issued or denied by the Director and shall be subject to annual inspection fees pursuant to PMC 13.11.310. The discharger shall immediately comply with all of the provisions and requirements of such interim permit and, if the discharger has not already applied for a permit, shall apply for a permit within 30 days from the issuance of the interim permit. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.190 Permit not transferable from one location to another.

Permits issued under this chapter are not transferable from one location to another, and discharge of wastes shall be made strictly in accordance with all provisions contained in the permit, at the location specifically designated therein. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.200 Monitoring and sampling – Prenotification.

Any permittee or discharger required by the Director, by permit or otherwise, to engage in periodic, stand alone, backup, follow-up, compliance or confirmation monitoring or sampling of a discharge shall notify the Director by telephone or other authorized means, at least 48 hours in advance of any monitoring or sampling to be done. Prior to the commencement of any sampling or monitoring, the Director may request that the permittee furnish the Director a split sample and all supporting data. Notification is not required for internal monitoring and sampling by a discharger for the purpose of process and pretreatment controls unless so requested by the Director. However, such procedures, results and records shall be made available to the Director upon request. Sample acquisition and monitoring shall be performed at a location or sampling point as designated in any permit or as specified by the Director. The Director may require installation of a secured sampling facility to be designated as the sampling point. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto. Dischargers to a public sewer system subject to an approved pretreatment program administered by the POTW shall submit to the Director, at minimum, all conditions required by 40 CFR 403.12 as may be amended unless otherwise directed. Each permittee or discharger, regardless of industrial waste disposal method, shall submit to the Director, certified under penalty of perjury by the permittee or discharger, all required monitoring and sampling reports or other requested data within the times specified in the permit. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.210 Notice to correct violations.

(A) The Director may serve notice of violation upon the person owning or operating premises describing the conditions and requiring prompt correction thereof, when they find that:

(1) Industrial waste, effluent, or any other material is being maintained, discharged or deposited in such a manner as to create, or if allowed to continue will create, any one or more of the following conditions:

(a) A public nuisance;

(b) A menace to the public safety;

(d) Adverse effect or damage to any public sewer, storm drain, channel, or public or private property; or

(2) The permittee has failed to conform to conditions or limitations of any permit issued in accordance with this chapter; or

(3) The industrial waste disposal permit was issued in error, or on the basis of incorrect information supplied, or in violation of any ordinance, law or regulation.

(B) Failure to comply with such notice shall constitute a willful violation of this chapter. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.220 Investigation of complaints – Correction of violations.

The Director shall promptly investigate every complaint charging violation of any of the provisions of this chapter, and shall take action to correct any violation discovered. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.230 Suspension of permit – Conditions.

When the conditions described in PMC 13.11.210 are so aggravated that immediate cessation of operation is necessary and the Director so finds, the Director shall suspend the permit. The Director shall serve notice of such suspension on the permittee. The Director may also suspend a permit if objectionable conditions listed in a notice to correct, served in accordance with PMC 13.11.210, are not corrected within the time specified in such notice. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.240 Discontinuance of discharge or deposit required when.

A person whose industrial waste permit has been suspended, or who has been notified of violation, as provided in this chapter, shall immediately discontinue the deposit or discharge of industrial waste, sewage, or effluent, or use of any described facility, and shall not resume such deposit or discharge, or use of the described facility, until a permit has been issued or reinstated by the Director or Administrative Hearing Officer as hereinafter provided. Failure to do so shall constitute willful violation of this chapter. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.250 Rights of permittee following notice of violation or suspension.

Within the time specified in the notice of violation or suspension, the permittee shall:

(A) Correct and remedy the conditions so specified, to the satisfaction of the Director; or

(B) File with the Director a denial that all of the conditions so specified exist, request an appeal hearing, and correct the conditions which the permittee admits do exist. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.260 Reinstatement of suspended permit.

The Director shall reinstate a suspended permit when all violations are corrected and all fees required by this chapter have been paid. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.270 Cancellation of permit and facility closure – Conditions.

(A) A person owning or operating premises containing industrial waste treatment or disposal facilities operated under a valid industrial waste permit issued under the provisions of this chapter may file a written application with the Director to cancel such permit upon termination of operations and/or closure of the permitted facility. Upon receipt of such an application, the Director shall investigate and cancel the permit if it is determined that:

(1) All industrial waste producing operations have ceased;

(2) Any industrial waste treatment facilities have been removed or rendered inoperable to prevent further use;

(3) All permits to abandon or disconnect, as may be required by the Palmdale plumbing code, have been obtained;

(4) Any industrial wastes remaining on the premises have been removed to a legal point of disposal;

(5) All fees required by Article II of this chapter due up to the date of closure of the facility have been paid;

(6) The applicant has demonstrated that no environmental contamination has occurred by the previous operation of the treatment facility or that any contamination found has been mitigated.

(B) Should the Director deny an application for a permit cancellation or closure of the facility, the owner or operator of any facilities required by the permit shall maintain these facilities in good operating condition and pay all fees required by this chapter to maintain a valid permit. (Ord. 1376 § 4 (Exh. A), 2009)

Article II. Fees and Deposits – Industrial Waste

13.11.280 Industrial waste related fees and charges.

The City Council shall establish by resolution the amounts of the fees and charges listed below to reimburse the City for the cost of review and processing industrial waste permits, plan review, inspections and the administration of all permits issued by the City. All fees and charges shall be set based upon the direct and indirect cost of personnel, materials, equipment and outside support services necessary to provide services related to the permitting and servicing of industrial waste disposal permits.

(A) Industrial waste disposal permit application fee.

(B) Change in ownership or operation application fee.

(D) Plan reinstatement fee.

(E) Annual inspection fee.

(F) Annual industrial waste permit fee.

(G) Annual wastewater sampling and analysis fee.

(H) Fee for each additional wastewater sampling and analysis.

(I) Extraordinary services fee. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.290 Fees are not refundable.

All such fees described in PMC 13.11.280 are separate and apart from any fee or deposit paid for industrial waste plan review or imposed under provisions of the Palmdale plumbing code. Application fees shall not be refundable even though the application be denied except as provided in PMC 13.11.330. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.300 Discharges covered by national categorical pretreatment standards.

Industries subject to national categorical pretreatment standards (NCPS) and not regulated by a joint permit pursuant to this title shall have fee amounts governed by the NCPS facility designations. Where an industry or process falls into more than one fee class category, the higher fee shall prevail unless the Director determines a lesser amount is appropriate. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.310 Classes of businesses, processes and industries for plan review and inspection fee.

Plan review and inspection classes shall be established pursuant to Table 13.11.310. The classes for any business, process, industry or connection not listed in Table 13.11.310 shall be determined by the Director using Table 13.11.310 as a guide.

Table 13.11.310
Business Class	Plan Review Class	Inspection Class
Agricultural Production, Food Processing and Handling
Animal slaughtering (except fowl)	3	D
Bakery plants	2	C
Beverages, canning and bottling	2	C
Breweries, wineries, and distilleries	3	D
Canned and preserved fruits and vegetables	3	B
Cold storage and refrigeration plants	1	A
Dairies and dairy products	2	D
Food markets	1	A
Frozen foods	2	B
Hydroponic farms	2	B
Poultry	3	E
Prepared meat, poultry and fish products	2	C
Public eating places and plant cafeterias	1	A
Rendering	3	C
Schools, institutions, and public eating places that serve but do not prepare food	1	S
Sugar and confectionery products	1	A
Vegetable fats and oils	2	B
Vegetable packing	3	D
Mining, Manufacturing and Processing
Aircraft	3	C
Aircraft engines, parts and accessories	3	C
Ammunition and explosives	2	D
Asphalt and asphalt products	4	E
Battery manufacturing, servicing and reclaiming	3	E
*NCPS facilities	4	M
Blast furnaces, steel works, rolling and finishing mills	4	E
*NCPS facilities	5	M
Carpet mills with dyeing	4	D
*NCPS facilities	5	E
Carpet mills without dyeing	1	A
Cement manufacturing	3	B
Ceramics	2	D
Chemical milling	5	E
*NCPS facilities	6	M
Chemical plants	5	E
*NCPS facilities	6	M
Coating, electroplating, engraving and related services	4	E
*NCPS facilities	5	M
Concrete batch plants	2	D
Cut stone and stone products	2	A
Electric power generation plants except waste-to-energy facilities	3	B
*NCPS facilities	4	E
Enameled products	2	B
*NCPS facilities	4	E
Guided missiles, space vehicles, space vehicle propulsion units and propulsion unit parts	4	D
Iron and steel foundries and heat treating	4	D
*NCPS facilities	5	E
Linoleum, asphalt-felt-base and other hard-surface floor covering	2	B
Metal fabrication (no chemical wastes)	1	B
Metals – with chemical wastes (not otherwise classified)	3	D
*NCPS facilities	4	E
Metals – with no chemical wastes (not otherwise classified)	1	B
Motor vehicle parts and accessories	2	B
Motor vehicles, vehicle bodies and trailers	3	B
Musical instruments (metal)	2	C
Nonmetals – with no chemical wastes (not otherwise classified)	3	D
*NCPS facilities	4	E
Nonmetals – with chemical wastes (not otherwise classified)	1	A
Oil field production	2	C
*NCPS facilities	3	D
Paint manufacturing	3	D
*NCPS facilities	4	E
Paper manufacturing	3	C
*NCPS facilities	4	E
Paper products	2	B
*NCPS facilities	4	E
Pesticides	4	D
*NCPS facilities	5	E
Petroleum refining and processing	5	E
*NCPS facilities	6	M
Pharmaceuticals	4	D
*NCPS facilities	5	E
Photographic equipment and supplies	2	C
Pottery, china, earthenware, porcelain and related products	2	C
Primary smelting and refining of nonferrous metals	3	B
*NCPS facilities	4	E
Printed circuit boards	4	E
*NCPS facilities	5	M
Quarrying and rock crushing	4	D
Railroad equipment	2	B
Rolling, drawing and extruding nonferrous metals	2	C
*NCPS facilities	3	D
Rubber and plastics products	3	C
*NCPS facilities	4	E
Sand and gravel washing and screening	3	D
Secondary smelting and refining of nonferrous metals	2	C
*NCPS facilities	3	D
Semiconductor and related devices	3	D
*NCPS facilities	4	E
Silverware, plated ware and stainless steel ware	5	M
*NCPS facilities	5	M
Spray-painting shops	1	A
Steel springs manufacturing	3	E
*NCPS facilities	4	M
Tanning and wool pulling	3	D
*NCPS facilities	4	E
Textile mills, treating and dyeing	4	D
*NCPS facilities	5	E
Wood fabrication (no chemical wastes)	1	A
Retail Trade and Services
Airports, flying fields and airport terminal services	1	B
Automotive repair	1	A
Bottle and can washing	2	B
Car wash	1	C
Chemical laboratories	1	B
Cleaners, retail	1	B
Commercial laundries (not coin-operated)	2	B
Cooperages	3	D
Dry cleaning plants	2	D
Film processing plants	2	C
Film processing, retail	1	A
Kennels, dog and cat hospitals	1	A
Marine service	2	C
Schools, churches and institutions	1	A
Service stations – incidental car washing, repairs and maintenance	1	A
Tank truck interior washing	2	D
*NCPS facilities	3	E
Truck repair and exterior washing	1	C
Waste Disposal Facilities
Cogeneration facilities (not otherwise classified)	2	C
Hazardous waste treatment, recycling, storage and transfer facilities	6	M
Injection wells, non-oilfield wastes (liquids)	3	M
Landfill gas recovery facilities	6	M
Liquid waste storage and transfer facilities, nonhazardous	4	E
Solid-waste transfer, recycling and composting facilities	3	D
Solid-waste incinerators	6	M
Waste-to-energy facilities	6	M
Miscellaneous
Facilities jointly permitted through Los Angeles County Sanitation Districts	1	A
Facilities with multiple industrial waste dischargers	1	T
Groundwater cleanup	1	A
Open facilities, not used	1	A
Residences (per septic tank)	no charge	no charge
Sanitary dump station	1	A
Storm water monitoring	1	A
Storm water treatment BMP approval/monitoring	1	A

S – Special: Business operation only requires inspection upon new permit issuance/once every five years.

T – Tenant: Property owner/operator operates property grease trap/interceptor and each tenant is responsible for operation of tenant business.

(Ord. 1614 § 4 (Exh. I), 2023; Ord. 1428 § 2, 2012; Ord. 1376 § 4 (Exh. A), 2009)

13.11.320 Annual fee, wastewater sampling and analysis fee and miscellaneous service fee – Payment time – Penalties for delinquency.

All annual fees, wastewater sampling and analysis fees and any other fees required by PMC 13.11.280 shall be due and payable on the billing date as established by the Director. Fees not paid within 30 calendar days from the billing or invoice date shall be considered delinquent. Delinquent fees shall be subject to a late fee established by resolution of the City Council. Permits for which the annual fee is delinquent for 60 days or more are subject to suspension as provided in PMC 13.11.230. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.330 Annual fee – Refund conditions.

Upon cancellation of a permit pursuant to PMC 13.11.270, and upon written request of the permittee, the Director shall refund a portion of the annual fee as determined from the table below:

Days from Previous Payment Date	Percent Required
1 – 60	75%
61 – 150	50%
151 – 240	25%
241 or more	0%

(Ord. 1376 § 4 (Exh. A), 2009)

13.11.340 Annual review of fees.

Beginning on July 1, 2009, and thereafter on each succeeding July 1st, the amount of each fee in this chapter shall be adjusted as follows: calculate the percentage movement between April of the previous year and March of the current year in the Consumer Price Index (CPI) for all urban consumers in the Los Angeles, Anaheim, Riverside areas, as published by the United States Government Bureau of Labor Statistics, adjust each fee by said percentage amount and round off to the nearest $1.00; provided, however, that no adjustment shall decrease any fee, and no fee shall exceed the reasonable cost of providing the services. When it is determined that the amount reasonably necessary to recover the costs of providing the services is in excess of this adjustment, the Director may present fee proposals to the City Council for approval. (Ord. 1376 § 4 (Exh. A), 2009)

Article III. Discharge of Industrial Waste to Public Sewers

13.11.350 Application of article provisions.

The provisions of this article shall pertain to the disposal of industrial waste to the public sewer only. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.360 Permit – Required when.

(A) No person may discharge industrial waste to a public sewer without first obtaining an industrial waste permit from the Director.

(B) No industrial waste permit shall be granted unless the Director determines that sufficient capacity exists in the public sewer to allow for such industrial waste.

(D) For the purpose of this Chapter, discharges resulting from garbage grinders powered by motors of less than one and one-half horsepower installed in food service establishments pursuant to the provisions of the Los Angeles County Plumbing Code prior to July 1, 2009, or the City of Palmdale Plumbing Code thereafter, and where such facilities are not required by other provisions of this Chapter, are not considered to be industrial waste discharges.

(E) A person shall obtain an industrial waste permit from the Director to maintain an existing but unused industrial waste connection to the public sewer. The annual fee for such permit shall be as that for Inspection Class A. The connection shall be removed upon the expiration or revocation of such permit pursuant to the criteria established by PMC § 13.11.270 (Cancellation of permit and facility closure – Conditions). (Ord. 1614 § 4 (Exh. I), 2023; Ord. 1376 § 4 (Exh. A), 2009)

13.11.370 Permit – Application forms – Information required.

(A) The Director shall provide printed application forms for the industrial waste permit required by this article, indicating thereon the information to be furnished by the applicant. The application shall be signed under penalty of perjury by the authorized representative of the discharger.

(B) For the purpose of this chapter, the Director may utilize joint permit application forms under agreements established with other public agencies as provided in Chapter 13.08 PMC. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.380 Confidential information – Public access.

Information and data concerning an industrial user obtained from reports, questionnaires, permit applications, permits, monitoring programs and 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 except where the City has a requirement to release information pursuant to the California Public Records Act. Wastewater constituents and characteristics will not be recognized as confidential information. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.390 Permit – Issuance conditions.

If it appears from the application and supporting information submitted for any industrial waste permit required by this chapter that the proposed disposal complies with the provisions of this chapter and other applicable laws and ordinances, the Director, upon receipt of the fees hereinafter required, shall issue such permit. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.400 Determination of type of liquid waste.

Before granting an industrial waste disposal permit to any applicant, the Director shall determine either that the waste is one which will not damage or destroy the public sewer, or cause an unwarranted increase in the cost of maintenance of the public sewer, or retard or inhibit the treatment of the sewage, or is one that can be made acceptable after pretreatment. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.410 Pretreatment – Plans prerequisite to permit issuance when.

In event pretreatment or special facilities are required to make the waste acceptable as provided under the provisions of this chapter, the applicant for an industrial waste disposal permit may be required to furnish plans showing the method of collections and pretreatment proposed to be used, and a permit shall not be issued until said plans or required modification thereof have been checked and approved by the Director. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.420 Permit – Revocation conditions.

By following the procedure set forth in Article I of this chapter, the Director may revoke any permit if, after due investigation, the Director finds:

(A) A failure of the permittee to correct conditions as required by the Director; or

(B) Conditions which would justify the denial of a permit; or

(D) Any other violation of this article or of any conditions of any permit, including the one to be revoked, license or exception granted hereunder. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.430 Public participation – Notification of significant violations.

At least annually, the Director shall provide public notification, 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 significantly violating noncompliance with applicable pretreatment standards or other pretreatment requirements. For the purpose of this section, a significant industrial user (SIU) (or any industrial user which violates subsection (C), (D), or (H) of this section) is in significant noncompliance if its violation meets one of the following criteria:

(A) 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 six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);

(B) 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 six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(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);

(C) 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 a POTW 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);

(D) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in a POTW exercising its emergency authority under

40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;

(E) Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

(F) Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(G) Failure to accurately report noncompliance;

(H) Any other violation or group of violations, which may include a violation of best management practices (BMPs), which the director determines will adversely affect the operation or implementation of the local pretreatment program.

The Director need not provide such notification if a notice meeting all applicable 40 CFR 403 requirements has been published by the POTW operator. The cost of such public notification shall be collected by the Director from the discharger causing such violation and/or notification. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.440 Disconnection following permit revocation.

If a permit is revoked, the Director may disconnect from the public sewer any industrial connection sewer which was connected pursuant to such industrial waste permit. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.450 Pretreatment – Standards and criteria.

The Director may establish uniform minimum standards and criteria for the application of such standards for pretreatment of specific industrial waste discharges. The provisions of this chapter shall not prohibit the Director from requiring additional pretreatment to accomplish the objective of PMC 13.11.400. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.460 FOG disposal systems – Installation required.

Wastewater discharge originating at food service establishments (FSE) from fixtures and equipment which may contain fats, oils and grease (FOG), including but not limited to scullery sinks, pot and pan sinks, soup kettles, automatic vent cleaning devices, and floor drains located in areas where FOG-containing materials may exist, shall be drained into the sanitary waste system through a FOG disposal system approved by the Director. Multiple FOG disposal systems may be required to satisfy the requirements of this section. The Director may waive this requirement for specific fixtures upon determination that compliance may create a health hazard and/or impeded by a physical constraint that is impractical to overcome when retrofitting an existing facility. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.470 Rainwater diversion systems – Authorized when.

The Director may authorize the installation of a rainwater diversion system in lieu of roofing to prevent the discharge of storm waters to the sewer system where roofing is impractical, in conflict with existing laws or regulations, may create a hazardous or unsafe working condition, or may cause undue hardship on the applicant, providing the Director finds that:

(A) The applicant has applied for an industrial waste disposal permit and has submitted all plans and specifications of the proposed system;

(B) The system provides for continuous 24-hour protection to the public sewer system;

(D) Pollution of underground or surface waters, or damage to any streets, gutters, storm drains, channels or any public or private property will not be caused by the diverted storm flows. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.480 Deposit of certain substances prohibited.

No person shall place, throw or deposit, or cause or permit to be placed, thrown, discharged or deposited in any public sewer or mainline sewer:

(A) Any dead animal, offal, or garbage, fish, fruit or vegetable waste, or other solid matters, or materials or obstructions of any kind whatever of such nature as shall clog, obstruct or fill such sewer, or which shall interfere with or prevent the effective use or operation thereof.

(B) Any water or sewage, or liquid waste of any kind containing chemicals, fats, greases, oils, tars or other matters in solution or suspension, which may clog, obstruct or fill the same, or which may in any way damage or interfere with or prevent the effective use thereof, or which may necessitate or require frequent repair, cleaning out or flushing of such sewer to render the same operative.

(C) Any discharge or effluent which may obstruct or cause an unwarranted increase in the cost of treatment of the sewage, or which may introduce into a publicly owned treatment works (POTW) any pollutant(s) which creates a fire or explosive hazard in the sewer or POTW, pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with a pH lower than specified in PMC 13.11.530, pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW, or which may introduce into a POTW any pollutant(s) which may cause pass through or interference.

(D) Stormwater runoff shall not be discharged into a sanitary sewer. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.490 National categorical pretreatment standards (NCPS) – Compliance.

Upon the promulgation of mandatory NCPS for any industrial subcategory, the NCPS, if more restrictive than limitations imposed by this chapter, shall apply. The Director may impose a phased compliance schedule to ensure that affected industries meet the NCPS. Failure to meet the phased compliance schedule may result in permit suspension or revocation. Those dischargers subject to NCPS shall comply with all reporting requirements in accordance with the General Pretreatment Regulations for Existing and New Sources of Pollution (40 CFR 403). Facilities subject to this chapter and regulated by joint permits issued in conjunction with other agencies may meet the requirements of this chapter as set forth in such joint permit and by furnishing such evidence of compliance as may be required by the Director. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.500 Compliance with local limits.

No person shall introduce or cause to be introduced wastewater to the public sewer system or a POTW that exceeds specific local limits which have been developed by the receiving POTW. Said local limits shall not apply where more restrictive limitations are imposed by permit or national categorical pretreatment standards. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.510 Slug discharge control plan – When required.

A slug discharge control plan shall be prepared, implemented and maintained by SIUs discharging to the public sewer system unless determined to be unnecessary by the Director. Such plan shall be submitted in conjunction with an application to discharge industrial waste to a public sewer or within one year of being designated an SIU, whichever comes first. An SIU shall immediately notify the Director of any changes at its facility affecting potential for a slug discharge. At a minimum, the plan shall contain the following elements:

(A) Description of discharge practices, including nonroutine batch discharges;

(B) Description of stored chemicals;

(C) Procedures for immediately notifying the Director of slug discharges, including any discharge that would violate a prohibition under PMC 13.11.480 with procedures for follow-up written notification within five days;

(D) When appropriate, procedures to prevent adverse impact from accidental spills, including maintenance and inspection of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.520 Toxic substances.

All toxic chemical substances shall be retained or rendered acceptable before discharge into the public sewer. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.530 Control of pH.

No person shall discharge acids or alkali materials into the public sewer until the pH has been controlled to a level not less than 6.0 nor at or higher than a level which the Director finds excessive. No discharge shall have any corrosive or detrimental characteristics that may cause injury to wastewater treatment, inspection or maintenance personnel or may cause damage to structures, equipment or other physical facilities of the public sewer system. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.540 Temperature restrictions.

A person shall not discharge into the public sewer effluent exceeding a temperature of 140 degrees Fahrenheit or which will exceed 104 degrees Fahrenheit at the point of entry into the POTW treatment plant. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.550 Cooling water.

No uncontaminated cooling water shall be discharged into a public sewer. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.560 Ground garbage.

Garbage resulting from the preparation of food may be discharged into the public sewer if ground to a fineness sufficient to pass through a three-eighths-inch screen. Ground garbage, dishwasher effluent or other ground food wastes shall not be discharged into a FOG disposal system. Excessive or unnecessarily large quantities of water shall not be used to flush ground garbage into the sewer. (Ord. 1376 § 4 (Exh. A), 2009)

Article IV. Other Methods of Disposal

13.11.570 Applicability of article provisions.

The provisions of this article shall pertain to the disposal, discharge or deposit of all industrial waste except where such wastes are discharged to a public sewer in accordance with the provisions of Article III of this chapter. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.580 Depositing or discharging wastes prohibited without permit.

A person shall not maintain a deposit of waste material, or discharge or deposit or cause or suffer to be discharged or deposited, except as otherwise provided in this chapter, any waste material or effluent in or upon lands of the City of Palmdale, or into streams or bodies of surface or subsurface water, or storm drains, or flood control channels, where the same is deposited upon or may be carried through or upon lands of the City without first securing, in the manner provided in this chapter, a permit from the Director, and at all times having an unrevoked permit therefor, unless otherwise exempted by the provisions of this chapter. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.590 Maintenance of existing, unused facility for industrial waste deposit, discharge or storage.

A person shall obtain a permit from the Director to maintain an existing but unused facility designed or formerly used for the deposit, discharge or storage of industrial wastes. The annual fee for such permit shall be the same as that for Inspection Class A.

Exception: Such permit is not required when, to the satisfaction of the Director, compliance with the permit cancellation criteria of PMC § 13.11.270 (Cancellation of permit and facility closure – Conditions) has been provided. (Ord. 1614 § 4 (Exh. I), 2023; Ord. 1376 § 4 (Exh. A), 2009)

13.11.600 Permit – Not required when.

No permit shall be required for the disposal of waste which consists only of domestic sewage into septic tanks or cesspools constructed pursuant to the provisions of the Palmdale Plumbing Code. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.610 Permit – Application – Form and contents.

Any person requiring a permit under the provisions of this article shall make written application therefor to the Director, giving such information as the Director may require. The Director shall provide printed application forms, indicating thereon the information to be furnished by the applicant. The Director may require from the applicant, in addition to the information furnished on the printed form, any additional information including detailed plans and specifications which will enable the Director to determine that the proposed discharge or deposit and plan of operation complies with the provisions of this chapter and other applicable laws and ordinances. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.620 Permit – Plans required with application when.

(A) The Director may require that an application for a permit to dispose of industrial waste other than to a public sewer shall be accompanied by suitable plans showing the proposed method of collection, treatment and disposal, and a permit shall not be issued until said plans or required modification thereof have been checked and approved by the Director.

(B) The Director may submit the application or plans, or both, to any public agency for comment or recommendation. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.630 Use of public property – Permit required when.

Whenever facilities for the discharge of industrial waste connect to structures, or encroach on the property or rights-of-way owned or controlled by a public agency, the Director may either:

(A) Require that the applicant obtain a property use permit, license, easement, or other right to use said properties prior to the issuance of a permit to dispose of industrial waste; or

(B) Issue such permit subject to the execution of a property use permit, license, easement, or other right to use said properties. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.640 Notification of public agencies required.

Whenever an application for permit is filed, the Director shall notify such other public agencies that may be affected, and shall request a prompt reply containing their recommendations. Upon request, the Director shall secure from the applicant and furnish to the affected department or agency such additional plans or information as it may require, relative to such application. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.650 Deposits creating menace to public health – Notice requirements.

When the Director finds that industrial waste or effluent, or any other material, is being discharged or deposited in such manner as to create a menace to the public health, he may serve notice of violation upon the person owning or operating the premises, describing the conditions, and requiring the prompt correction. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.660 Permit – Issuance conditions.

The Director may issue a permit as required by this Chapter only if the Director determines that all of the following conditions have been met:

(A) All fees or deposits hereinafter required have been paid;

(B) Recommendations and conditions of any other public agency, as contained in their reports, if any, have been met and found to be necessary and applicable by the Director;

(C) The material to be discharged or deposited does not or will not, in the opinion of the Director, constitute a potential public nuisance or menace to the public health and safety, and will not violate other provisions of the California Health and Safety Code;

(D) The material to be discharged or deposited does not or will not involve disposal of any toxic materials or chemicals in such manner as to cause pollution of any stream, watercourse, lake, or other body of water, or underground or surface water storage reservoir, either natural or artificial;

(E) The material to be discharged or deposited does not or will not damage or adversely affect any storm drain, channel, or any public or private property; and

(F) Under existing circumstances and conditions it is necessary and reasonable to dispose of such waste matter. (Ord. 1614 § 4 (Exh. I), 2023; Ord. 1376 § 4 (Exh. A), 2009)

Article V. Industrial Waste Treatment Plants and Facilities

13.11.670 Installation – Required when.

Industrial waste treatment plants or facilities shall be installed whenever the Director shall find as a fact that such facilities are required to safeguard the public health; prevent pollution of streams or bodies of surface or underground water; prevent pollution of water wells or storage reservoirs, either natural or artificial; prevent damage or increased maintenance costs in the sewerage system; prevent damage to public or private property; prevent a public nuisance; or to comply with applicable regulations of any other public agency. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.680 Pretreatment – Standards and criteria.

tional pretreatment to accomplish the objective of PMC 13.11.400. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.690 Facilities not required when.

Installation of industrial waste treatment facilities may not be required if the Director determines that:

(A) The waste is prohibited for discharge to the available systems by this chapter or other applicable ordinances or regulations;

(B) The affected industry has guaranteed to separately dispose of any objectionable waste to legal points of disposal;

(C) Adequate facilities are to be provided for the collection and containment of such wastes, and that provisions have been made to prevent intentional or accidental discharge of such wastes to the public sewer system, ground surface, surface or underground water supplies, rivers, channels, storm drains, public streets or gutters;

(D) An application for industrial waste disposal permit has been filed in accordance with Article IV of this chapter; and

(E) All fees required by this chapter have been paid. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.700 Installation – Access of inspection and maintenance.

Interceptors or other industrial waste treatment facilities shall be so installed and constructed that they shall be at all times easily accessible for inspection and maintenance by the City. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.710 FOG disposal systems – Installation requirements.

Each FOG disposal system shall be installed at a location shown on plans approved by the Director in full compliance with PMC Title 8. Such systems shall be located in an area that is at all times easily accessible for inspection, cleaning, maintenance, and removal of the recovered FOG in a manner that does not require entry into a food or utensil handling area as follows:

(A) Hydromechanical grease interceptors shall not be installed in a food or utensil handling area unless specifically approved by the Director. Plumbing fixtures and equipment connected to such device shall be provided with an approved type of flow control so that the total flow through the device or devices shall not be greater than the rated flow of the grease interceptor.

(B) Grease removal devices (GRDs) shall be installed as provided for hydromechanical grease interceptors in subsection (A) of this section with the additional provision that the storage of removed FOG also be outside food and utensil handling areas in a secure location that protects against the accidental spill of grease into floor drains, parking lots, catch basins, storm drains, sidewalks, streets, or gutters and is protected from inundation by stormwater flows.

(C) Gravity grease interceptors shall be installed outside of the structure containing the kitchen, food or utensil handling area(s) in a location affording ease of inspection, maintenance and servicing without entry to the structure unless otherwise approved by the director and the health officer. Such devices shall be designed and sized to retain FOG until accumulations can be removed by pumping the interceptor. When so required by the Director, gravity grease interceptors shall be equipped with an approved sample box. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.720 Separation of domestic and industrial wastes.

All domestic wastes from restrooms, showers, drinking fountains, etc., shall be kept separate from all industrial wastes until the industrial wastes have passed through any required pretreatment facilities. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.730 Operation and maintenance.

All industrial waste treatment facilities and all appurtenances thereto existing as of July 1, 2009, or hereafter constructed under jurisdiction of this chapter shall be maintained by the owner or person having jurisdiction of the property affected in good operating condition and in a safe and sanitary condition at all times. All devices and safeguards which are required by this chapter for the operation thereof, and all records of such operation, shall be maintained in good order and made available to the City upon request. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.740 Inspection and testing.

The Director may make tests of industrial wastes, and/or periodic inspections of industrial waste treatment plants or facilities to determine whether such treatment plants or facilities are maintained in accordance with the requirements of this chapter. The Director shall also make periodic tests on samples of sewage, industrial waste or effluents obtained at the point of discharge or deposit to determine whether such discharges or deposits are made in accordance with the provisions of this chapter. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.750 Right of entry for inspection authorized when.

(A) The Director shall be permitted at all reasonable hours to inspect water pollution control plants and industrial waste treatment plants or facilities, and to enter and inspect the place, enclosure or structure where industrial wastes or effluent are discharged or deposited.

(B) A person shall not refuse to permit, and shall not hinder or obstruct in any way, any reasonable inspection or investigation of such treatment plant or facilities or deposits or discharges by the Director. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.760 Owner’s safety regulations – Compliance by City inspector.

All persons performing inspections on behalf of the City shall comply with any special safety regulations brought to his attention by the owner, discharger or operator. (Ord. 1376 § 4 (Exh. A), 2009)

13.11.770 Test manholes or other structures.

The Director may require the installation of a test manhole or other structure through which all industrial waste shall pass. Said structure shall be so designed that flows may be measured and samples readily obtained therefrom. (Ord. 1376 § 4 (Exh. A), 2009)