O1373
.
e
CA:RMt1:rmW6'1'te
CIty CouncIl Meetlnq ?-77-B6
Santa MonIca, CalIfornIa
ORD 1 NAt-4CE HUt18E.R ~3 73 (CCS)
(CIty CouncIl SerIes)
AN ORDINANCE OF fHE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 4 TO
'iRTICLE () OF THE SANTA MONICA MUNICIPAL
CODE TO ESTABLISH AN INDUSTRIAL WASTEWATER
CONTROL PROGRAM
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4 ]s added to ArtIcle V of the Santa
MonIca MUnIcipal r.ode to read as follow~:
Chapter 4. JLUiustr~~stew~ter_CQD~~.
SECTION '7400. Def...l!l.!..~ I.Qn,p.. For the
purpose of thl~ Chapter, the follOWing
words and phrases shall have the follOWIng
meanings:
Aci.
The Federal Water Pollution
Control Act of 1972, also known as the
Clean Water A~t, as amended, 33 U.S.C.
12'31 ~1. ~.
6EQ.LovaL__fiy_t hOL..Lb!. The Ca 11 fo rn I a
State Water Resources Control Board upon
approval
of
the
State
Pretreatment
1
.
e
Program,
Un I t e d
or
the
AdmInIstrator of
the
States EnvIronment~1
ProtectIon
Agency wIthout an Appra~ed
Pretreatment Program.
AuJporlzed Representative.
State
A
prInCIpal
executIve
offIcer of
at least
the
I eve I
of vice-presIdent,
If
the
dIscharger
IS
a
corporatIon;
a general
partner or proprIetor If the dIscharger IS
a partnershIp or proprIetorship,
respectIvely; or a duly authorized
representatIve of the IndiVIdual
deSIgnated above, IF
such representatIve
IS
responSIbLe for
the overall operation
of the FaCIlIty which contributes
wastewater to the PublIcly Owned Treatment
Works (P.D.T.W.), storm draIn system, or
the waters of the State.
.Average _~l.ly .f-lot.!. The number of
gallons of wastewater discharged Into the
P.D.T.W. storm draIn system, or waters of
the State during a 24 hour perIod.
Blocheffl-liill_lJxygen _ Demand
The quantIty of oxygen utIlIzed
( BOD) .
In the
bIochemical OXIdatIon of organic matter In
t Ive
(? )
days
at 20
degrees centigrade
expressed In terms of mIllIgrams per lIter
2
.
e
(mg/J) and analyzed In accordance wIth the
most rec~nt publicatIon
Methods for the ExamInatIon
of "Standard
of Water and
Wastewater," prepi'lred and publIshed by the
AmerIcan PublIC Health AssocIatIon,
Amerlc-1ln
Water Works ASSOCIation,
and
Water PollutIon Control FederatIon.
Categorlcal___Stand2rds. NatIonal
Categorical Pretreatment Standards or
Pretreatment
Standards as promulgated by
the UnIted States EnvIronmental ProtectIon
Agency.
b;Li~ .
The City of
Santa Monica or
ItS duly authorized representatives.
~qn.~truc<t lOll.
The
acqUISition
of
any and all rights of way or real property
necessary for the performance and
completion
of
the
work
referred
to
l..Jherever
authority
IS given
to the CI ty
for any constructIon under the prOVISions
of this Chapter.
hool1r!9-Water. The water dIscharged
from any use Including, but not limited
to,
all"
condItionIng,
cooling,
or
refrIgeration, durIng
pollutant added 1:5 heat.
whIch
the only
3
. e
Qlrect~_UL~_~~~. The discharge of
wastewater to the storm drain system or
the waters of the State.
Director.
The DIrector
of General
Services of
the
duly
the City of
authorized
Santa 110nlca or
representatIve
thereof.
Ql~,ph<trgE! .
lIquid or solid
The
IntroductIon of
/l
Into the P.D.T.W., the
storm drain sy~tem, or
State.
the waters of the
Domest l_~
Se ~2JJ.~1. . !.da t e r
W~tewat~r _~pmest~c
bearIng wastes derIved
from ordinary liVing processes and of such
character as to permIt satIsfactory
dlsp05al
P.O. T.W.
to,
and
treatment
In,
the
EnVI ronment a 1 __FrotectlQQ_llaenc'V
(EPA)..
The Un It ed
States EnVIronmental
ProtectIon Agency, Its AdmInistrator, or
Its duly authorlzed representatIve.
,E t 10 log I Q..._ ~_n.i . A t yp e 0 f
micro-organism, helmInth, or VIrus whIch
may be expected
healthy persons.
Foml\~5. Inanimate
to produce dIsease In
contamInated With etiologIC
ob)l9cts
agents WhICh
4
.
e
may serve
to
tran<;mlt
those etiologic
agents to humans.
GraQ Sampl~. A sample which 15
taken from a wastewater discharge on a
one-time baSIS without regard to the
volume of flow In the discharge.
Gross Floor Area. The area Included
within
the
e>,terlor
of
the surrounding
wa I 15
of a bUilding
or portions thereof,
exclusive of courtyards.
House
Connection Sewer.
Any sewer
pipeline,
or portion thereof, constructed
In a street, alley, walk, or other publiC
place, or In a sewer easement granted to
the City and connecting, or proposed to
connect, any lot or part of a lot With any
pub I 1 C sen,Je r .
l.ndlrect Dlscharg~. The dl5charge
of wastewater Into the P.O.T.W.
lrLdustrlal Weste_,Sewer CCH'inectJ.QU.
Any house connection sewer, or portIon
thereof, used In the disposal of any and
all lIqUid or waterborne waste from
Industrial
or commercial processes except
domes tiC se~Jage.
Indust r l~_--.Maste
Storm
Drcpn,
Co--'l~ t 1911.
Any storm drain connectIon
<;
.
e
carrying or Intended
to carry IndustrIal
waste from any Industrial, manufacturing,
processing, or servI~lng establishment.
lD~u~trIal Wa5tewat~r ~Industrlal
Wa~te). Any water bearing wa~te,
excluding domestic wastewater.
I n d u s lJ:.J..9-L-~t~~a t e r P_e I" rT) I t. . A
permit Issued by the Director In
accordance With thiS Chapter.
InfectiOUS
Wastt;t.
Any
waste
material
reasonably
etiologic
fo llowlng:
or article which harbors or may
be conSidered to harbor Viable
aqents
and
sha 11
Include the
(1)
Su~nlflcant
laboratory
wastes
Including,
but
not
limIted
to,
cultures of etiologIC agents.
Including,
(2 )
but
PathologiC
not ltmtted
specimens
to, human or
anlmel
tls5ues, blood
~lements, excreta,
and secret Ions
which
contaIn
Include
etiologIC
attendant
agents, and
a150
dIsposable fomites.
(3)
Human
dialySIS
waste
materIals Including
dialysate membranes.
arterIal
lines
and
6
.
.
Including,
l4 )
but
Surgical
not llml tad
specimens
to, human or
an una I
parts
and
tissues
removed
surgically or at an autopsy which contain
etiologiC agents and attendant disposable
fomItes.
(5 )
EqUIpment,
Instruments,
utensl15,
and
other
materials of
a
dlsp05sble nature which may transmit
etiologiC agents from the rooms of humans
or the enclosures of animals WhICh have
been
Isolated With suspected or diagnosed
communicable disease.
(6) Any other materIals
defined by a duly authorized publiC health
officer as potentially InfectiOUS and
reqUired to be managed as an InfectIOUS
waste.
Interfer~nce.
The
Inhibition
or
disruption of
the
P.O.T.W.
process or
operations, or any action or omiSSIon
which may contribute to a Violation of any
requirement of the City of Los Angeles'
National Pollutant Discharge ElimInation
System (NPDES) Permit or the City's JOint
Powers Agreement With the City of Los
Angeles.
The
term
Interference
...150
7
.
.
Includes
prevent 10n of
sewage sludge use
or disposal by the P.O.T.W.
w1th SectIon 405 ~f the
In accordance
Act
or
any
vlolat1on
of
crlter1a,
gUldellnes,
or
regulatlons developed pursuant to the
Sohd Waste Disposal Act (SvJDA), the Clean
Air Act, the ToxIc Substance Control Act,
or Violation of more stringent State
cr1terla (Including those contained 1n any
State sludge management plan prepared
pursuant to Title IV of SWDA) appllcable
to the method of d1sposal or use employed
by the P.O.T.W.
hq1. As defined In Chapter
Article IX of thIS Code.
3 of
Natlon!'LL
Categorical
Pretreatment
~t~ndard
regulation
(National
St1;lndards) .
Any
contalnlng pollutant discharge
limits promulgatged by the EPA 1n
accordance With SectIon 307(b) and ~c) of
the Act.
NatIonal --E~..LLy_tant ,_O_lscharg.e
~ltmtnat 1..QJl..,_,S:-,stem Per!!!..t t (NPQI;:El. Perml t).
A permit Issued pursuant to SectIon 402 of
the Act.
P~ak ~~. The maximum fIve mInute
rate of wastewater flow to be g~nerated
8
.
.
from
the premIses
as
estImated by the
DIrector.
.Rl:! .
The
logarithm (base 10! of the
recIprocal of
hydrogen 10m;
equivalents per
PI.9-ment.
the
concentration
of
expressed
In
gram
lIter of solutIon.
A substance
that Imparts
black
or
wh 1 t e
or
a
color
to
other
materIals.
POl!lt "Qi.._ Dlsch<;lr~. Any phYSIcal
location at whIch a dIscharger, dIrectly
or
Indirectly, disposes
wastewater.
The
term pOint of dIscharge also Includes, but
15 not llmlred to, dIsposal to ponds,
Injection
spreading.
Po llutant.
wells, leach fields, or surface
Any dredged spOIl, solid
waste,
garbage,
chemical
Incinerator reSidue, sewage,
sewage sludge, munitIons,
waste",
biological
materials,
radioactIve
materials,
heat,
pigment,
wrecked or dIscharged equIpment, rOCK,
sand, cellar dirt, or other waste.
Pret re~tment. The reduct Ion of the
amount of pollutants,
pollutants, or the
the elimination of
alteration of the
nature
of
pollutant
propertIes
In
9
.
.
pollutante
to a lees polluted etate prlor
11'1 lleu of discharging such
Into the P.O. T.W., storm drain
wastewater
to or
system,
or
the
wat~rs
of
the State.
Pretreatment can be obtained by phYSical,
chemical, or bIologIcal processes, or
process changes by other means, e~cept as
prohIbited
by
40
Code
of
Federal
R~gulatIon (C.F.R.) at Section 403.6(dl.
Pretre<!ltment
ReQulrem~nts.
Any
eubstantIve
or
procedur'3l
reqUirement
related to pretreatment, other than a
National CategorIcal Pretreatment Standard
promulgated by EPA.
Private Sewage D~sposal Syst~. Any
e~stem which dIsposes of sewage other than
to a P.O.T.W.. storm drain, or waters of
the State.
P1.J..P llC 1 Y _Owned._ Trea Unl;'n t WorJ<..s
(P.O. T.IJ. l (Silnl,tar\,_ Sewer ,... :;.ysteml.
Treatment works as defined by Sectlon 212
of the Act, which 15 wholly or partlally
owned by the Clty or t~e Clty of Los
Angeles. ThiS InclurJes any publIC sewers
that convey wastewater to the P.O.T.W.,
treatment
plan t ,
land.
appurtenances,
10
.
.
pumping
statlons,
trf'atment
"Jorks,
or
equipment.
Sharp:;}.
hypodermiC
5yrlng<'5,
blades,
needles,
and broken
Hc)podermlC
glass.
Sh!':lrps
also Include
any device,
Instruments,
or other
objects whlch have
acute
rigid
corners,
edges,
or
protuberanCl'35.
Slqnlflcant" [becharger. Any
discharger who has tOXIC pollutants In his
wastewater or IS found by the City, State
Water Resources Control Board, or the
Env 1 ronmen t a I
Prote~tlon Agency to have a
with
elther Singly or In
other contributing
Significant
combination
Impact,
dischargers, on the P.D.T.W. the quality
of the P.O. T.W. '5 effluent or sludge, all"
emiSSions generated by the P.D.T.W., or
the health, safety. or general welfare of
per50ns
maintaining
or
operating
the
P.D.T.W.
Soeclal
D.!:J!.!.nage___.kon,neC ~ Ion.
Any
house
connection
s e we I"
or
storm drain
connection
from any sWimming pool, wading
pool,
fountain,
pond,
tank,
vat,
or
receptacle which receives
or disposes of
r81n water or surface water.
11
.
.
S'p~I Hou~e Con~tlQn 5el.-Jer,. Any
hOllse connect Ion sewer from o!l lot, or part
of a lot, which does not have a public
sewer dIrectly In front, rear, or at the
Side of such lot, or part of such lot, and
which has not been directly assessed for a
publiC sewer.
Standard
Industrial
Cla~slL.t~t^\m
($.IC) .
Cl1'l5Slflcatlon
pursuant
to
the
Standard Jndustrlal. Clas,51.flcatlon Manual
Issued by the Executive Office of the
PresIdent,
Office
of
Management
and
Budget, 1972, or subsequent reVlSIons.
2ta~. The State of CaliFornia.
Storm
Drain ____Connect~.
Any
pipeline, or portIon thereof, constructed
In a 5treet, alley, walk, or other publIC
place, or In an easement granted to the
City, and connecting or proposed to
connect any lot or part of a lot wlth any
storm dr.;lln.
~torm, Ora In ,. System. All of the
property Involved In the operatIon of the
storm drainage collection and dlsposal
system of the CIty of Santl'l MonlCl'l,
whether operated by
the
City or other
publlc agency, IncludIng conduits, natural
12
.
.
or artificial drains, channels, and
watercQur~es, tQgether wIth appurtenances,
pumping stations, and equipment.
Suspended SolIds [5S). rhe total
nonfIltrable residue In water, wastewater,
or other liquIds, which
accordance WIth the
15 removable In
most
recent
publlcatlon
ExamInation
of
StandaLd. Methods
for the
of
Water
and Wa~tewater,
prepared and
published bv the AmerIcan
PubliC Health Association, American Water
Works ASSOCiation, and the Water Pollution
Control FederatIon.
ToxIc Pollutant. Any pollutant or
combination of pollutants listed as tOXIC
In regulations promulgated by the
Administrator of EPA under the prOVISIons
of Section 307 of the Act, the City's
TOXIC Chemical
DIsclosure OrdInance, or
other Federal or State statutes, rules, or
regulations.
].Jastew~Utr..
The
liqUid
and
water-borne
Industrial or domestic wastes
from faCilItIes IncludIng, but not limIted
to, dwellIngs, commerCial
Industrial facilities,
bUilding!!>,
agrIcultural
activities, hospitals, me~lcal faCilities}
13
.
e
and other InstItutions, together with
other wastes whIch may be present) whether
treated or untreated, whIch enter the
P.O.T.W.,
the storm draIn
system, or the
waters of the State.
waters,
streams,
the S,t ate. A it 5011 n e
lakes, ponds, marshes,
Waters of
watercourses,
waterways,
wells, sprIngs,
reserVOlrs,
aquIfers, IrrigatIon systems,
dralnage
systems, and all other bodies or
accum'.J lat 10115
of
water,
surface
or
underground, natural or artIfICial, publIC
or
private,
whIch are contained Within,
flow through, or border upon the State of
CalifornIa or any portIon thereof.
SECTION '340 1. Ab~1'~Ylat 1..01)5.
Acronyms or sets of letters set forth In
thIS SectIon, when used In thiS Chapter,
shall stand for and be understood and may
be
accepted or used
as abbreViations for
those
each:
terms or phrases set forth Opposlte
I?OD.
_CFl~ .
COO.
BIochemIcal Oxygen Demand.
Code of Federal RegulatIons_
Chemical Oxygen Demand.
14
.
.
gPA.
Agency.
mg.
mg'" l.
O&M.
NCPS.
Environmental
Protection
Mllllgrams.
Milllgrams per Liter.
Operatlon and Malntenance.
Natlonal
Categorical
Pretreatment Standards.
NPDES. Natlonal Pollutant Discharge
Ellmlnatlon System.
P.O.T.W~ Publlcly Owned Treatment
Works.
~E.
Stand..rd
Industrial
CIElSSiflcatlon.
S5. Susp~nded Solids.
SWDA. Solid Waste Dlsposal Act, 42
U.S.C. 6901 ~ ~eq.
USC. United States Code.
SECTION '5402. General ProvlslQn~.
( a) Pp Ii C y.
I t
is the pollcyof
the City of Santa Monica to assure that
the highest and best use of the P.O.T.W.
is
for
the collection,
treatment, and
dIsposa! of dom8~tlc
the hlghest and best
wastewater and that
use of
the storm
d r a 1 n 5 ys t e m is
for the collectlon and
disposal of storm water.
The use of
1'5
.
.
either
of
these
S~J5 t ems
for IndustrIal
wastewater 15 a privilege which 15 subject
to the requirements of
(b) Db Ject Ive,~.
thl5 Chapter.
ThiS Chapter ~ets
forth
uniform requirements tor direct and
Indirect dischargers to the P.D.T.W., the
storm drain system, and the waters of the
State. Through a permIt and InspectIon
program
admInIstered
under
the
JurIsdIctIon
of the' City,
the Cl ty 5eeks
to
ensure
the
ImplementatIon
of
the
follOWing ObjectIve5:
(1) Prevent any d15charge
Into the P.D.T.W. which may Interfere WIth
the operation thereof.
(2) Prevent any dIscharge
Into the P.D.T.W. which Will pass through
the P.D.T.W., Inadequately treated, Into
receIVing waters, land, or the atmosphere,
or
otherWIse be
InrompatIble WIth
the
P.O. T.W.
(3) Prevent any dIscharge
whIch may Interfere WIth the operatIon of
the storm drain system or pollute the
waters of the State.
16
.
-
(4)
Protect the P.O." .W., the
storm draln system, and the waters of the
State from damage by any pollutants.
(5) ProVide the opportunlty
to recycle ~nd reclaIm sludges from the
P.O. T.I,J., and wasteweter from the P.O. T.W.
and the storm drain system.
(6)
PrOVIde
for
recovery of
costs, including administration,
Implementation, and enforcement of the
program established hereIn, assOCiated
WIth the discharge of wastewater to the
P.O. T .W.,
the
storm drain
system,
and
waters of the State.
(7) Protect t~e life, health,
and safety of operating
personnel.
and maintenance
(8 )
Pr~serve
hydrau lic
capaclty in the P.O T.W.
(9) Insure the health, safety
and general welfare of the publiC.
(c) Jo int_PoWer-E. Agre~me'1...t. The
City of Santa Monica and
Angeles have entered Into
the City of Los
a JOint Powers
Agreement,
governIng
dated
February
21,
1964,
the
transportation, treatment,
and
disposal of sewage.
ThIS Chapter IS
17
.
.
10tended to ensure the CIty's complIance
wIth the JOInt Powers Agreement.
(d) Scope. ThIS Chapter prOVIdes
for th~ regulatIon of dIschargers to the
P.o.T.I.!., the storlT, drl'lln system, and
waters of the State through the Issuance
of
IndustrIal
Waste'.later
PermIts
contaInIng speCIfIC dIscharge
and through enforcement
and
enforcement
requIrements
of general
authorIzes
actIVItIes;
dlscharge
monItorIng
prohIbItIons;
Imposes reportIng
permIttees; and
reqUIrements on speCIfIC
requIres fees for the
recovery of program costs. ThIS Chapter
shall apply to all dIschargers WIthIn the
CIty of Santa MonIca.
(e) AdmInIstratIon
Except
as
otherWIse prOVIded hereIn, the DIrector of
General
ServIces
",hall
admlnl5ter,
Implement, and enforce the provIsIon::. of
thIS Chapter. In so dOIng, the DIrector
may contract WIth any person to perform
the DIrector's dutls5 under thIS Chapter.
SECTION ':>403. Dljlcharge
Proh~tlon~. Except as expressly allowed
In an IndustrIal Wastewater PermIt, no
18
.
.
the P.D.T.W.,
dIscharge the FollowIng to
the storm draIn ~Yotem, or
per50n shall
the w~ters of the State:
(a) GasolIne, mercury, total
IdentIFIable ~hlorlnated hydrocarbons,
xylene,
naphtha,
ethers,
benzene,
alcohol15,
toluene,
ketones,
ker05ene,
aldehydes, perOXIdes, chlorates,
perchlorates, bromates, carbIdes,
hydrldes, solvents, pesticides, or Jet
Fue I.
whIch
(b)
by
Any lIqUIds, solIds,
reason of theIr
or gases
nature or
quantity
explOSIve,
are
Flammable,
reactIve,
corrOSIve, or
radIoactIve, or
by InteractIon With other materIals could
result In fIre, explosion, or In)IJry.
(c) Any solid or VISCOUS materials
WhICh could cause obstruction to the flow
or operatIon of the P.O.T.W.
draIn sys.em.
or the storm
(d)
Any
tOXIC
pollutant5
In
suffiCIent quantIty to InjUre or Interfere
WIth any wastewater treatment process, to
constitute
a hazard
or cause
InjUry to
human,
anImal, plant, or fIsh liFe, or to
19
.
.
exceed
an:."
lUflltatlon set
forth In th IS
Section.
(e)
Any
nOYlous
or
malodorous
lIquids,
gases,
or solids
In suffiCIent
quantity,
either singly or by Interaction
wIth other materials, to create a public
nUISance, hazard to life, or to prevent
entry of any person to the P.O.T W. or the
storm drain system.
(f)
Any
materIal
of
sufficIent
quantity
treatment
to
Interfere with any P.D.T.W.
plant prncess or
to render any
product thereof unSUItable for reclamation
i3nd reu<;e.
(g)
quantity
An~'
material
In
suffiCIent
to
CauSe the P.D.T.W.
to be In
criteria,
gUidelines,
or
use or dlsposel
regulatIons In
noncomplIance
wlth sludge
connectIon with SectIon 405 of the Act,
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.
(h) Any material ",.hldl Will cause
the P.D.T.W. to vIolate Its NPDES Permit,
or applIcable Federal
rules, or regulations.
or State statutes,
20
.
.
( I ) Any
pigment which
wa"tewater
containing
IS
not
removed
In
the
ordinary P.D.T.W.
treatment
process and
which
creates a VIsual
contrast with the
materIal
appeararce
of
the P.D.T.W.
discharge observable at the pOint of the
P.D.T.W. dIscharge, prOVided that In no
ev~nt shall any wastewater contaInIng
plgment be dIscharged to either the storm
drain system or to waters of the State.
( ] )
Any wastewater haVIng
a heat
content
In
such
quantities
that
temperature
of
the
wastewater
at
the
Its
introduction Into any P.O.T.W. treatment
plant exceeds 40 degrees Centigrade (104
degrees Fahrenheit), prOVided
that In no
event
she 11
any wastewater haVing
a
temperature
In exceS5
of
37.8
degrees
centigrade (100 degrees FahrenheIt) be
discharged to the storm drain system or to
waters of the State.
(k) Any pollutants, Including
oxygen demanding pollutants, relea~ed at a
flow rate or pollutant ~Dncentratlon which
Will cause or contribute to Interf~rence.
21
.
.
( 1 )
Any storm water
collected and
discharged to the P.O.T.W., except as
specifically authorIzed by the Director.
(m) Single pass coolIng water in
excess of 200 gallons per day discharged
to the P.D.T.W. However, the blowdown or
bleedoff
from coo ling
tOI,jers or
other
evaporative coolers may be accepted In the
P.O.T.W.
(n)
An~J
wastewater
human,
an 1 me I ,
p lent,
causes
or fish
whIch
Injury to
11fe, or
constitutes
a hazard or
creates a publiC nUisance.
(0 )
RecognIzable portions of
the
human or animal anatomy.
(p)
Floatable
materIal
which
IS
readIly r~movable.
(q)
An"
material
of
suffiCient
quantity, wh1ch by interaction WIth other
materials, Interferes With the P.D.T.W.
treatment
plant
process
or
renders <'lny
product thereof unSUItable for reclamatIon
and reuse, causes the P.D.T.W. to be 1n
non-comp liar-Ice,
or which constitutes
a
hazard
to
Dr Wh1ch may cause Injury to
human,
an I ma I ,
plant, or
fish I1fe.
In
the
event
of
such
discharge,
aS5umlng
22
.
e
the Ylo!ator shall
VIolatIon of no other ~rOV1510n hereof,
be subject only to
ImpositIon of fwrther permIt condltl8ns,
orders. permIt suspenSion, or revocation.
SECTION 9404.
No person shall dIscharge
ful.eclflc Pollutc,nt,.
Llmltatlon5.
the followIng to the P.D.T.W., the storm
(a)
Waste'-"ater
drain svstem, or the waters of the State:
the
following lImitatIons:
Arser'llc
CadmIum
Copper
Cyanide (Total)
Cyanide (Free)
Dissolved SulfIdes
Lead
Nickel
pH Range
5 I lye r
Total ChromIum
Zinc
Dl~persed OIl and
Grease (Total)
Floatable Oil and
Grease
Temperature
that exceeds
3 mg/L
IE? rr,g/L
15 mg/L
10 mg/L
2 mg/L
.1 mg/L
7 mg/L
12 rng/L
7.5 - 11
5 '1\g/L
10 mg/L
25 mg/L
600 mg/L
None VISible
140 Degrees
FahrenheIt
23
. .
The above 11m] tat lons shall not apply
where more restrIctive limitatIons are
Imposed by perrolt or NatIonal CategorIcal
Pretreatment Standards.
(b ) Ra d I 0" c t I ve
Radioactive wastes, except
AdminIstrative
State
Code,
Walitl;ilS.
In accordance
California
wIth
the
of
TI tIe
17. Publ1c
Bureau of
Health, Regulations
RadiologIcal Health.
of the
(0)
Infect I()US
Wastes.
InfectIOUS
Wi'lste,
unless
such waste 15 grQund In a
grInder
whIch
meets
the
Director's
fineness of
grind
requIrements
and
15
dl~charged to the P.D.T.W. Entry to the
grinding mechanIsm shall be restricted to
a 6 Inch by 9 Inch opening. The materIal
shall be segregated from other solid
wastes and shall be contained In plastiC
bags or other SUItable dl5po5~ble
contaIners which shall not exceed five (~)
gallons capacIty and shall be colored red
for IdentIfIcation. ContaIner and
contents
sha II
be weighed and recorded
prIor to dIsposal.
These records shall be
made
avaIlable
to
the DIrector
for
Inspection.
Recognizable portions of the
24
.
.
human or animal anatomy shall not be
ground or discharged to the P.D.T.W.
(dJ Commercial _-E9~_ ~astes.
Commercial garbage, food market wastes, or
food plant wastes, except after sWltable
grindIng. The followIng fineness of grind
requIrements for all typ~s of g~lnder5
sha II be met at a II times:
(1) At least 40% '5ha II pass a
No. B SIeve.
(2) At least 67% sha 11 pass a
No. 3 s 1 e ~Je ~
(3 ) 100% sha 11 pass a 1/2
Inch 5 le'..)e.
(e) ShaJ-p? . No person sha II
discharge sharps unless ground In an
appro'.;ed grinder capable of meet Ing the
Director's fineness of grInd requirements
and discharged to the P.D.T.W. Sharps
shall be ground by an approved grInder not
exceeding five (5) horsepower.
SECTIDN 5405.
Sep~~ Tanks. Seepage
PI t 5.,
~nd CessDoQ..L~gll!'l.~ctJOr:t~ (Private
Sewaae D1S005ql Systl;lffiS). No prIvate
sewage disposal systems shall be permitted
Within the CIty. All such system~ must be
2'?
.
e
removed and
the
lots
thereto attached
connected to the public sewer system. The
connectIon to the publiC sewer system 1n
accordance WIth ArtIcle VII, Chapter 1,
and this Chapter of this Code, must be
completed by Jul~ 1, 1987. The removal of
the Private Sewage Disposal Sy~tem must be
completed by October 1, 1987.
SECT ION 5406.
National Categorical
Pretre~tment Stan_dards ll'lCPS). iJpon the
promulgation of mqndatory NCPS for any
Industrlal subcategory, the NCPS, If more
restrIctIve than limitations Imposed under
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
revocation. Those dIschargers subject to
NCPS
sha II
comply With all
reportIng
requirements
In
accordance
WI th
the
for
General
Pretreatment
Regulations
EXistIng and New Sources of Pollutlon
(Title 40, Code of Federal Regulations,
Part 403).
26
.
.
SECTION 7407. DIlutl9n. No
discharger 0hall use any water to dllute
any pollutant to achieve compliance wIth
the discharge
thIS Chapter.
Ilml tat ions
contained
in
SECTION
5408.
ContainmE'mt
of
Un~ontrolled Disc~arges. Upon wrItten
notificatIon by the Director, dIschargers
shall prOVide spIll contalnment for
uncontrolled discharges of prohibited
material or other suhstances regulated by
thiS Chapter. FaCilitIes to contain
spills shall be prOVided and maIntained at
the discharger's Qwn cost and expense.
DIschargers reqUIred by the Director to
prOVide spill containment shall prOVIde
detaIled spill contaInment plans,
Including
procedures}
faclllt 185
and
operatIng
to
thE' Director
for revIew.
Such
plans
shall
before
be
approved by
commencement
the
of
Director
constructIon of the f~clllty.
Construction shall be completed WIthin the
time period deSignated by the DIrector.
ReView and approval of spill containment
plans and operating procedures shall not
27
.
.
re lleve the
re"'panslblllty
dlscharger from the
to modify Its facIllty as
necessary to meet the requIrements of this
Chapter.
SECTION
5409.
Not If lC<tt Ion
9f
f"Lncol"J t ro ll.ed 0 15cha rges.
la) In the event of an uncontrolled
dlscharge,
the
dIscharger
aha 11
lmmedlately notIFy
the Director of the
InCIdent
by telephone.
The notIfIcation
shall
Include location of dIscharge, type
of materIal, concentration and volume, and
correctIve actIons taken.
(b)
WithIn
ten (10) days follOWing
the uncontrolled discharge, the discharger
shall submit to the Director a detailed
wrItten report descrlblng the cause of the
discharge, correctIve action taken, and
measures
to
be
taken to prevent future
OccLJrrences.
The report shall
be In the
form reqUired by the Director.
(c) A legible, understandable and
conspIcuously plRced
permanently posted on
bulletin board or other
no t loe sha 1 I be
the discharger's
promInent place
adVISIng
employees to call the Dlrector}
28
.
.
In the event of en uncontrolled dl5charge,
as soon as possible or within one hour of
th~ dIscharge, and to p~ovlde at least the
Information
required
In
thiS
Section.
Employers
sha II
ensure that all employees
to ca'Jse or allow an
In a pOSitIon
uncontrolled discharge to occur are
adVised of thiS notification procedure.
In the event a substantial number of the
discharger's employees u~e a language
other than EnglIsh as a primary language,
the notice shall be worded In both English
and the language or languages Involved.
The notIce shall set forth the current
telephone number
sha II Ident 1 Fy
of
the
the DIrector,
follOWing as
and
the
minimum necessary InformatIon which 15 to
be prOVided to the Director:
( 1)
TIme,
location,
concentratIon,
diP-charge.
and
volume
of
type,
the
(2 )
The
corrective
aC't Ion
taken.
(d)
Notification does
not relIeve
the discharger of llablllty or fines under
thIS Chapter.
29
.
.
SECTION '7410.
In~ustrlal Wa5~~water
Pe un It.
(a) No person 5hall discharge
IndU5trlal wastewater to the P.D.T.W., the
storm draIn system, or the waters of the
State
Without
an
Industrial
Wastewater
Permit.
The PermIt shall
not be Issued
until a determInation has been made by the
Director that the wastewater to be
dIscharged wIll not Violate any prOVISions
of thIS Code, and any regulation adopted
pursuant
thereto,
the
Wo!lter
qualJty
oblectlves
for
receiVIng
~Jaters
Bst'3bllshed
by
the
CalIfornIa Water
QualIty Control Board, Los Angeles Region,
or any applIcable Federo!ll or State
statutes,
rules,
or
regulatIons.
Such
determinatIon
sha II
be
made
from
the
InformatIon set forth
for PermIt.
In the applIcatIon
(b)
A
separate PermIt
sha 11
be
reqUired for each pOint of discharge to
the P.D.T.W., to the storm drain system,
and to the waters of the State.
SECTION
5411.
BJ2Qllcatlon.
An
arpllcatlon
for an
IndustrIal Wastewater
30
.
.
Perml t
e.ha 11
contain
the
followIng
InformatIon when required by the Director:
(a) The name and address of the
applIcant.
(b) The name and address of the
discharger.
(c) The address or locatIon of the
premu;es where
place.
the
dIscharge will take
(d)
The
Standard
Indus t r HI I
ClaSSificatIon (SIC) of the discharger.
(e) Information with respect to
constituents to be discharged. SamplIng
and analYSIS shall be performed In
accordance With procedures establIshed by
the EPA pursuant to Section 304(g) of the
Act and contained In 40 C.F.R. Part 136,
as amended, and by laboratories certified
by
the
State of
CalifornIa.
In
the
absence
of a State certifIcatIon process,
the Director may certify a laboratory to
perform necessary sampling and analySIS,
(f)
Time
and
duration
of
the
proposed discharge or discharges.
Cg) Average dally and 5-mlnute peak
wastewater flow rates, IncludIng dally,
monthly, and seasonal variations, If any.
31
.
.
(h)
Slte plans, floor plans,
and plumbing plans and detaIls
all sewers and storm draIns,
mechanIcal
to show
connectIons,
and appurt~nance5 by theIr
Size, location, and elevation.
( I )
Description
of
actiVities,
faCIlIties,
and plant
processes
on thl'3
applicant's premIses, IncludIng all
pollutants which could be dI5char~ed.
(J) Detailed plans shOWing
pretreatment faCilItIes, samplIng
faCilities, uncontrolled discharge
contaInment
procedures.
faCilities,
and '.)per~t Ing
(~ )
IdentificatIon
of
the nature
and concentration of any pollwtant located
at the premIses of the discharger (and/or
applicant, If dIfferent) If discharge of
that pollutant IS prohlblted or regulated
under SectIon 54D4, plu~ a statement
speCifYing whether the speCifiC
limitations
set forth In Section ?404 are
being
met,
and, If
not, what additIonal
Operation
and
MaIntenance
(O&M)
or
pretreatment IS proposed by the discharger
to cal/se compllanrc8.
32
.
.
which
the
discharger
additional
WIll
schedule by
provide the
(J)
The short~5t time
necessary
pretreatment,
If
addItional
pretreatment
or O&M Will be
reqUired
to
meet
the
regulatIons
In
Section 7404. Any completion date In such
a proposed schedule shall not be later
than
the complIance date
estab llshed by
The schedule
the ~pplIcable regulatIon.
shall prOVide for reporting
Increments of
progress
In
the
and
form of
dates
for
commencement
completion of
ma Jor
events
leading
to
the
construction and
operatIon
necessary
of additional
for the discharger
pretreatment
to mee t the
applIcable regulatIon (e.g., hiring an
engIneer, completIng preliminary and final
plans, executIng contract for major
components,
commencing construction, and
completing construction).
After
Pe- rm It
IS6uance,
proqres5
report6
shall
be
submItted
DIrector.
at
SLlch times
reqUired by the
Time limits speCIfied pursuant
to
thiS
Section
for
reporting,
commencement,
and completion of
major
eve n t S I e a dIn 9
operatIon of
to
the
construction and
additional
pretreatment
33
.
.
r~qulred ~or the dl~ch~rg~r to meet the
applIcable requlatlons may be extended by
mutual consent of the discharger and the
DIrector, but In no event shall any such
date be extended beyond the compliance
date establIshed by the applicable
regulation.
(m) Each product of the dIscharger
by type, amount, and rate of production.
(n) Type and amount of raw
materIals proce~sed by the dl~charger
(average and maximum per day).
(0) Number of employees, hours of
operation of plant, and hours of operation
of the proposed pretreatment system.
(p) Copies of any current
City
8usIness
License,
NPDES PermIt,
South
Coast Air Quallty Management Dlstrlct
Permit, Regional Water Quallty Control
Board Permit, and State Department of
Health SerVices Permit for the subject
premises.
(q) The name, bUSiness address, and
motor vehicle driver's license number of
the Authorized RepresentatIve and a 24
hour telephone number.
34
~
e
(r) Any ot~er Information deemed by
th~ DIrector to be necesaary to evaluate
the Permit application.
(s) The application shall be signed
under pen~lty of perjury by the Authorized
Representative of the dIscharger.
SECTION
Ap P ll'dl t II) n_.
(a) After evaluation and acceptance
5412.
Appro'.,.~ I
of
oft he
IS5ue
data furnished, the Dlr~ctor may
an Industrial Wastewater Permit
subject to terms and condltlons Imposed by
the Director pursuant to thiS Chapter.
Granting of the permit shall not relIeve
the discharger from the responSibILity for
compliance With all provIsions of thIS
Chapter.
(bJ By acceptance of a permit, the
applicant agrees to comply With all
prOVIsIons of thIS Chapter and the terms
and conditions of the permIt.
(c) All permItted discharges must
commence WIthIn J80 days from the
effectIve date of the permit or the permIt
IS deemed VOid.
3">
.
.
Industrial
Wastewater
Permit
lS
An
not
SEeTI ON
'3413.
sxemD~ Ions."
required for the followIng dIschargers or
discharges to the P.D.T.W.:
(a) Lots consIstIng of residential
units not reqUired to file ToxIc Chemical
Disclosure Forms under Article V, Chapter
3 of thiS Code.
(b)
Commercial
and Industrial lots
where
the Ind I rect
dIscharge consists of
domestIc wastewater
only and
the direct
dIscharge consIsts of storm water only.
(c)
Bleed-off
or
blowdown
from
cooling towers, evaporation condensors, or
other
reCIrculating
water devices
WI th
rated capacity of 25 tons or less.
(d) Self-serVice laundries
WI th
washing machines of 20 pounds maximum
capacity, With further allowance that the
taclllty may also have a maximum of two
machines With maXimum 50 pound capacity
each.
(e)
Discharges
from establishments
wherein
the
Industrial
wastewater
discharge IS less than 200 gallons per day
19pd) and pretreatment IS not required.
36
.
.
SECTION ?414.
Perml t
ConditiOnE>.
Industrial
Wastewater
Permits
sha II
be
5ub,ect to all provlslons of thiS Code,
all other applIcable statutes, rules, and
regulatlons, end fees and charges
establIshed by the City. The Director
shall have authority to Impose permit
conditions Including the follOWing:
(a) Limits on th~ average and
maximum
wastewater
c;,nst I tuents
and
characteristics.
(b)
Limits on average
and maximum
rate and tIme of discharge.
(c)
LimIts
regardlng the discharge
of speCifiC pollutants.
(d)
ReqUirements
~or
InstallatIon
and maintenance of
facIlltles and
Inspection and sampling
~ncontrolled dIscharge
contaInment facilltles.
(e)
ReqUirements
whIch may Include
speCifiC
samp II ng ,
sampling locations, frequency of
tImes
of sampling,
number,
typ~s} test standards, and reporting
5chedules for monitoring programs.
(f) ComplIance schedules.
(g)
ReqUirements
for submiSSion of
technical or discharge reports.
~7
e
e
(h) ReqUIrements for maintainIng
and affordIng CIty aeee55 to plant records
re~atIng to dlscharg~5.
( 1 )
the
RequIremert5
for notificatIon
of
City of any
n61..) IntroductIon of
wastewater constituents or any substantIal
change
1n the volume
or character of the
wastewater constituents.
( J )
Requ1rements
for
notIfIcatIon
of slug dIscharges.
(k)
Other
condItIons
deemed
approprIate by the DIrector
complIance WIth thIS Chapter.
to
ensure
SECTiUN 541'5.
Chgr:lge
o f 1j!,~me t'sh 1 P
qr
Loca t 101'1.
An
IndustrIal
Wastewater
Pe.. m I t
sha 11
not
be
transferable,
by
operatIon of law or otherWIse, either from
one
location
to
another,
or
from one
person
to another.
For
purpose5 of thIS
SectIon, statutory merqers or name changes
shall
not
constitute
a
transfer
or
a
change
In ownershIp.
FollOWIng a change
applIcatIon for a
of ownershIp, and upon
new
Indu:strlal
Waste PermIt,
an InterIm
permIt may be Issued by the DIrector for a
58
e
e
perIod of no more than
180 dayo pendIng
the Issuance or a new permIt.
SECT! ON ~416.
Change of Wastewater
CharacterIstics. No wastewater dIscharge
5hall be commenced In which there has been
a change of char~cterlstlCs whIch cause5
it to
allowed
be different from that expressly
under the permI t Issued. WI thout
notIfIcatIon
to
and approval
by the
Director.
Upon such
notIficatIon,
the
DIrector, In his or her discretIon, may
req~lre that a new Rppllcatlon be flIed
and
new
pe rm 1 t
obtained befor~ any
Involving the changed
wastewater discharge
characterIstIcs takes place.
SECTION
tj417.
Reoorj, ~911ow\nq
Spec I f Ie Po l..l L!.tan t
Adqpt Ion n of u t"ew C1 ty
h.l.rn I tat Ion s .
promulgatIon
WithIn
180
d"3Ys after
of
a new CIty SpeCifiC
Pollutant
thereof
LImitatIon
and notification
by
the Director
to speCifiC
dischargers
discharger,
affected
sub lect to
thereby, any
such I1mltatlons.
shall
subrrll t
to
the DIrector a report
contalnlng:
39
e
e
(a) T~e name and address of the
dlscherger.
(b) The address or location of the
premIses where the dIscharge does or wIll
take place.
(c) The nature, average productIon
rate,
and
Standard
Industrial
ClaSSIficatIon of the operatlon~ carrIed
aut by the dIscharger.
(d) Th~ average and maXImum flow of
the dIscharge In gallons per day.
(e) The nature and concentratIon of
pollutants
In
the dIscharge
from each
regulated process and
applIcable limitations_
IdentifIcation of
The concentr~tlon
she 11
be reported BS a maXimum or average
~s prOVIded In applicable lImItatIons_ If
eqUIvalent
calculated
Ilmltatlon.
concentratIon lImIts have been
In
accordance
WIt h
the
thIS adJusted concentration
lImIt shall also be submitted.
(n
A statement,
rev i ewed by' an
AuthorIzed RepresentatIve
and certIfIed
under penalty of perJury by a person WIth
prImary responsibility for the operatIon
whIch
contributes
to
the dIscharge,
llml tat Ions are
lndIcatlng whether
the
40
- e
beIng met, and, If nDt, what operatIon and
meInten~nce Improvements or addItIonal
p~etreatment 15 reqUIred for compllanca.
(g1
The>
shortest
schedule
under
whIch
any
~ddltlonal
pretreetment:
or
operatIon
requIred
and
maIntenance
a result
Improvements,
aeo
of
the
new
lImItatIon:=.
completed.
or
reqUIrements,
WIll
be
(1)
The
completIon
date
In
such
a
schedule shall not
be later than
the
comp 11 anes
date established
for the
applIcable lImItatIon.
(2) The
provIde
progress
for reportIng
In thl" form
schedule shall
Incrementa of
of dates
for the
commencement
and
completIon
of
major
evpn t 5 1 e~(h ng
operatIon of any
to
the constructIon and
additIonal pretreatment
necessary
completIng
(e.g.,
hIring
an engIneer,
final plans,
prelIminary and
executIng
contracts for maJor components,
commenCIng
construct lon,
and
completlng
constructIon).
(}) ThF dIscharger shall also
5ubm 1 t
a
written progre55
report to the
Dlrector. not later than 14 days follOWIng
41
e
e
each
Increoment
of progress date In the
the fInal date for
schedule and
camp 11 ance .
That
report
shall
st(;lte
whether
the dIscharger 15
In compll~nce
wIth the scheduled Increment of progreS5.
If complIance was not achIeved, the report
shall
state
the
date by whIch
the
the
the
dlscharqer
scheduled
expect~ to comply wIth
Increm~nt of progress,
reason for the faIlure to comply, and the
steps beIng taken by the dIscharger to
maintaIn the e5tablI~hed complIance
schedule.
ln
thIs
(4) The tIme lImIts speCifIed
SectIon for operatIon or
malntenance
pretreatment
DIrector.
Improveme~ts or additIonal
may
be extended by the
SECTION 5418.
AddItIo~al ReportIn9
Requlremenll.
The Director may
Impose
addItIonal
reporting
reqUIrements
by
permIt condItIon or otherWIse.
SECTION 5&19. ~onltQrlng
f~CIlltl~5. The UIrector may reqUIre to
be prOVIded, operated,
and maIntaIned at
42
e
e
th~ dIscharger's
expense,
separate and
seclJred monItorIng
faCilitIes
to
all 0 l.-J
Inspection, samplIng, and flow measurement
of
the
dIscharge.
The
monItoring
faCilities
sha 11
be sItuated
on
the
dl~charger'5 premises
and In said event
the DIrector shall be granted total and
unr~strlcted access thereto and use
thereof by the discharger as a condItion
of that dIscharger's permit. The DIrector
may allow monitorIng faCIlities to be
constructed off-premI5~s.
SECTION ?420. Mo_nltQ_ong and
SamplIng - P~e-NotlflcatI9n.
(a) Any dIscharger may be reqUIred
by the Director, by permIt Dr otherWIse,
to engage
5ampllng of
discharger
In
periodiC monitoring
Its discharge. Where
and
a
IS
reqUired
to mO'"ll tor
or
5ample~ the discharger shall notify the
D Ire c tor by tel e ph 0 n e <:i tie as t 48 h 0 U r 5 In
advance of any monitorIng or
be done. NotIfIcatIon shall
sampling to
Include the
date,
tIme, and locatIon of the proposed
monItorIng Dr
s""mp lIng sha 11
sampling.
Manlto"Ing and
be
carrIed aut
durIng a
43
e
.
rerlod af normal operatIons.
PrIor to the
commencement
of
any
sa mp 1 I n 9
or
monltorlrJg}
the DIrector may request that
the dIscharger furnIsh to
the 01rector a
sp 11 t
sample
Clnd all
supportIng data
(1.e.)
strIp
methodology, flow measurIng data,
r:hart
recordIngs,
and
other
pertInent
Informat Ion).
The Director
reserves the rIght to refuse any data
developed from the monItorIng or samplIng
actIvIty If the dIscharger falls to comply
WIth the pre-notIfIcatIon procedure.
(b) Each dIscharger shall submIt to
the DIrector, certIfIed under penalty of
perjury by the dIscharger, Its monItorIng
and samplIng reports or other requested
data.
(c)
Samples
shall
represent
the
normal
wi;lstewater
flow to
the P.D.T.W.
over a 24 hour perIod. CompOSIte samples
shall be collected accordIng to flow, WIth
at least one sample collected hourly.
Samples may be collected eIther manually
or
by
automatIC
Integrated
samp 11 ng
eqUIpment approved by the DIrector.
(d) The handllng~ storaqe~ and
analY515 of all samples taken for the
44
e
e
determInatIon
of
the characterIstIcs of
wastewater dlscharged shall be performed
by laboratorIes certIfIed by the State of
C.3lIfornIa
and
In
accordance
WI th
procedures establIshed by the EPA pursuant
to SectIon 304(a) of the Act and contaIned
In
40
C.F.R., Part
absence of a
136,
as amended. In
the
State
CertItIcatlon
process,
the
DIrector
may cert 1 f..J a
any necessary
laboratory to perform
5~mpllng and analysIs.
SECTION
fullnp 11 n9.
5421.
-InspectIon
an!;!.
(8)
Whenever
I t
15 necessary to
make an Inspect10n to enforce any of the
prOVIsIons of or perform any duty Imposed
by thIS Chapter or other applIcable law,
or whenever
the DIrector has reasonable
cause
to belIeve that
there eXIsts upon
any
premIses
any
VIolatIon
of
the
prOVISIons
of
thIS Chapter or other
or any condItIon whIch
applIcable
law,
makes such premIses hazardous, unsafe} or
dangerous}
the DIrector
15 authorIzed to
enter such property at ~~y reasonable tIme
and lnspect the seme and perform anv duty
4'?
e
e
Imposed upon the DIrector by thIS Chapter
or other applIcable law as follows:
(1)
If
the
property
15
occupIed. the Dlrector shall fIrst present
proper
reqtJest
therefor.
credentIals
to
the occupant and
entry
explaIning
the
re.3s0ns
(2) If the property 15
unoccupIed, the DIrector shall fIrst make
a reasonable effort to locate the owner or
other
persons haVIng charge or control of
the property and request entry, explaIn1ng
the reasons therefor. If such entry 15
refused or cannot be obtaIned because the
owner
or
other person haVing charge or
control of the property cannot be found
after due dIligence, the D1rector shall
ha~)e
recourse to every remedy provided by
law to secure lawful entry and Inspect the
property.
t b)
NQthwlthstandlng
subsection
(a ) }
to
If the D1rector has reasonable cause
be lleve
that
wastewater dIscharge
condItions on or emanatIng from the
premIses are 50 ha?ardous, unsafe, or
dahgerou5
InspectIon
as
to
reqUIre
lmmedlate
to safeguard th~ publl~ health
46
e
e
o~ safety. the DIrector shall have the
rIght to ImmedIately enter and Inspect the
property, and may use any reasonable m~an5
requIred
to effect
such entry and make
such InspectIon, whether the property 15
occupIed or unoccupIed and whether or not
formal permIsSIon to Inspect has been
obtained. If the property IS occupIed,
the DIrector shall fIrst
pre5ent proper
c.redentIals
to
the occupant
and demand
entry, explaInIng the reasons therefor and
the purpose of the InspectIon.
(c) No person shall fall or refuse,
after proper demand ha5 been made upon
that
p~r50n as prOVIded
In thIS SectIon,
to promptly permIt the DIrector to make
any
InspectIon
prOVIded
for by thIS
SectIon.
(d) The applIca~t, by acceptIng any
permIt Issued pursuant to thIS SectIon.
does
thereby consent
and agr-ee
to the
entry up~n the premIses, descrIbed ln the
permIt)
by Department personnel
for the
followlng purposes as requlred by thIS
SectIon or other applIcable laws. The
CIty shall be affor~ed access at all
reasonable tImes:
47
e
It
(1)
For
the
purposes
of
InspectIon}
<sampllng.
flow measurement,
and
examinatIon
of
re-cords
in
the
performance of other authorized duties.
(2)
To
set
up
on
the
dIscharger's
property such deVices as are
necessary to conduct sampling In5pections,
comp Ii ance
monItoring, flow measuring, or
metering operatIons.
(3 )
To
Inspect and copy any
records~
reports. test
results, or other
InformatIon requIred to carry
prOVIsIons of thIS SectIon.
out the
,
l4)
To photograph
an\! waste,
waste
contaIner, vehIcle, waste treatment
process. discharge locatinn, or vIolation
dIscovered durIng an Inspection.
(e)
Where
a
di5ch>!lrger
h>!ls
instItuted
securIty
measures
reqUiring
proper IdentIfIcation and clearance before
entry onto
the premIses,
the dIscharger
shall make all necessary arrangements With
Its securIty
presentatIon
guards
of such
In order that, upon
identlficatlon, CIty
peraonnel shall be p~rmItted to enter the
premises WIthout delay far the purpose of
performing theIr authorIzed dutIes.
48
e
e
SE.cT ION
17422.
PJJbllc
Access
~o
Informat 19n._
InformatIon and dIscharge
data provIded to
dIscharger shall be
the CI ty
eva I lab Ie
by
the
the
to
publIC WIthout restrIctIon,
except where
there 15 a claIm of confIdentIalIty by the
dIscharger.
All othe-r
InformatIon which
15 submItted by t~e dIscharger to the CIty
shall be available to the- publiC, at least
to the extent orovIded by 40 C.F.R. 2.302.
WIth the exceptIon of governmental
agenCIes,
Bny
person
requestIng
th U5
InformatIon from the CIty ~hall be
reqUired, prIor to receIpt of the
costs
of
to
data
pay
the
requested
reasonable
InformatIon,
reproductIon,
and transmISSIon
gatherIng,
Incur-red by
the CIty.
SECTION 5423. Conf Ident.!~.ll ty. Any
InformatIon and dlscharqe data submitted
to
the CIty pursuant
to thIS Chapter may
be clauned
conf Ident 103 1.
by the d15~harger to be
Any such claIm must be
asserted
at the tIme of submISSIon of the
InformatIon
or da t a
to
the C 1 t Y .
The
claIm may be asserted bv stampIng the
49
e
e
words
"confidential business Information"
on each page containing such Information)
or
by other means.
However~ If no claim
IS asserted at the time of submiSSion, the
City may make the Information available to
the pub llc
Without
further
notice.
If
such
a claim IS asserted, the Information
Will
be
treated
In accordance With the
procedure set
forth In 40
C.F,R. Part 2
(Pub llc Informat Ian).
SECTION
7424 falSifYing
person shall knOWingly
Informatl~n. No
make
any false statement, representation,
or certificatIon
In
any application,
or other document
record,
report,
plan,
f 1 1 ad
With the Director or reqUired to be
maintained pursuant to thiS Section, or
tamper With or knOWingly render Inaccurate
any monitoring deVIce reqUired under thiS
Section.
SECTION S42S. Rules
R~Bulatlon5. The Director shall
and
adopt
rules and regulations consistent WIth thiS
Chapter
Intent.
to
effectuate
Its purpose
and
50
e
e
SECTION 5426.
fe~s and Char~~.
(a)
Pu rposB anQ.._Dl,l:i:DOS 1 t 1 on.
It 15
the purpose of thIS SectIon to provIde for
the re~overy of CIty costs assocIated wIth
the
dIscharge
of
wastewater
to
the
P.O.T.W.,
storm draIn system,
and to the
waters of the State.
All fees and money
collected
by
of
the
CIty
pursuant
to the
prOVISIons
thIS
SectIon shall be
deposIted Into the Sewer Fund.
(b) fjppl,lc,Cltlon Fee An
applIcatIon for an IndustrIal Wastewater
PermIt shall be accompanIed by an
applIcatIon
fee.
1 he
applIcatIon
fee
shall
be
In
the amount
establl5hed and
from time to tIme amended by resolutIon of
the CI ty Counc I I. No app Ilcat Ion 5ha II be
processed until the InItIal fee has been
duly paId and receIved by the CltV.
(c)
W5pec t Ion F elE..
An InspectIon
fee shall be paId annually In advance by
each
permIttee
In posseSSIon of a valId
IndustrIal
Wastewater
PermIt.
The
InspectIon
establIshed
fee she 11
be
In
the amount
and from tlme to tIme amended
by resolutlon of the CIty CounCIl.
'?1
.
e
(d) Indus t r \<,d ___Waste _ qua_l1 ty
Surcharge Fee. An Industr1al Waste
QualIty Surcharge Fee shall be paId as
requIred by Santa MonIca MunIcIpal Code
Sect10n 71438.
(e) Wastewater SamplIng and AnalysIs
Fee.
Each perm1ttee In pos5e5s1on of a
va 1 1 d
IndustrIal Wastewater PermIt shall
pay a fee for the samplIng and analysIs of
wastewater
samples
taken
from
the
dIscharger.
fhe
fee :shall
be
1n
the
amount establIshed and from t1me to tIme
amended by resolutIon of the CIty Councll.
MonIes collected pursuant to thlS SectIon
shall be deposIted Into the Sewer Fund.
(f) pus Dates.
(1) Paymet"lt
of
annual
InspectIon fees shall be due on one of the
four dates durIng the year, as shown on
the schedule below:
Date;"of PermIt I'3'Suance
Due Date of
Annual Fee
January 1 through March 31
Ap r 1 1 1
AprIl 1 through June 30
July 1
July 1 through September 30
nctober 1
October 1 through December 31
January 1
!j2
e
e
(9) ~llnquency - Addl1;Jon;l~..Ch9rge.
If the fees are not paId On or before the
last day of the month In whIch they are
clue, an addItIonal charge equal to 10% of
the requIred fees, but not less than
$10.00,
shall be added
to saId f~e5, ~nd
5tJch
C'lddItlonal
charges
shall
become a
part of the fees requIred by thIS SectIon
to be payable for saId perIod. If saId
fees and addItIonal charges are not paId
on or before the 3uth day ImmedIately
follOWIng the fInal date upon whIch
pavment of the prescrIbed fees may be made
WIthout an addItIonal charge, a~ above
prOVIded,
revocatIon
as prOVIded In
be subject to
thIS Chapter.
the permIt shall
Before
the
DIrector may grant
any new
pe r m 1 t
thereafter,
all
outstanding
de IInquent fees
must be paId.
and addItIonal charges
If the InVOIces for saId
fees
are not maIled before the dUB date,
such
untIl
35
sha 11
days
not
become delinquent
fees
follOWIng
the
InVDIce
malllng date,
at
WhICh tIme,
such fees
shall became delInquent and the addItIonal
charges and tIme payment factors as
prOVIded above shall apply.
'33
e
e
SECT ION 54'?)'.
U?blllty fQr_CQ~t5
QL--.h9....!:Le c t Ion
Arls~ng
fro m Ulll cll'Jf u 1
Dl,:5chMge. l.Jheneve r ar-y d 15cha rgel'
Introduces or causes to be Introduced
wastewater In VIolatIon of thI5 Chapter,
and 5uch dIscharge, elther Slng!y or by
Interaction With other discharges, results
In damage to or
IS otherwl~e detrImental
'1:0 or adversely <!Iffects tl,e P.O.T.W.) the
storm drdin 5)1S t em. or any waters of the
State, ':>!I1d dIscharger shall be 11 ab Ie to
the CI ty for reasonable costs necessary to
correct that damage, detrIment, or adverse
efrect,
labor,
Including)
but
not
lunIted to,
InspectIon,
and lncIdental
materIal,
transportatIon,
overhead,
expenses assOCIated WIth
the correctIve
actIon. The dlscharger shall addItIonally
be liable to the City for the rea,:>onable
costs of InvestlgatIon by the Clty arlsIng
from the unlawful dIscharge.
SECTION ~428. .sU5p~ouon j;)f
Ind~5trlal Wastewater PermIt.
(a)
Industrlal
fhe DIrector may
Wastewater Permlt
suspend an
when :such
SuspenS10n 15 necessary In order to stop a
174
e
e
dIscharge
whIch
presente.
an
ImmInent
hazard to the publIc health, safety, or
welfare, to the local environment. or
whIch eIther singly or by interaction With
nther dIscharges, 15 an Imminent hazard to
the P.O. T . W.. the :5 t (l r m d r a 1 n :5 ys t em, 0 r
the waters
of
the State,
or places the
City of Los Angeles In vIolation of Its
NPDES Permit. Any dIscharger notIfIed of
a
suspenSIon
of
that
dIscharger's
Industrlal
Wastewater
Pe rm It
sha 11
lmmedlately cease and desIst the dIscharge
of all IndustrIal wastewater to the
P.D.T.W
In the event of a failure of the
dIscharger
to comply voluntarIly wIth the
order, the DIrector may take
suspenSIon
such steps as are reasonably necessary to
ensure compllance.
These Include, but are
not
lImIted
to,
immedIate blockage
or
dlsconnectlon
of
the
dIscharger's
Connectlon to the P.Q.T.W.
(b)
In
the
event
a VIolation of
thiS Chapter does not present an imminent
hazard,
the
Dlrector
may serve
the
discharger wIth
a notIce
of an Intended
order of
therefor,
5uspenSIon, statIng the reasons
the opportunIty for e hearing
5'5
e
e
WI th
respect
thereto}
and
the proposed
effectIve date of the Intended order.
(c) Any dIscharger suspended or
5~rved WIth a notIce of an Intended order
of su~pen5Ion m~y appe~l to a hearIng
examIner In accordance WIth SectIon 6126
of thIs Code.
(d)
The
DIrector shall
reInstate
the
proof'
IndustrIal
Wastewater Permlt
IJpon
at
camp 1 1 anc.e
WhIch ends
the
emergency nature of the hazard created by
the dIscharge that had been cause for the
DIrector
provIded
to
lnlt late
the
suspenSIon,
that
the DIrector
15 sa1: usf led
that all dIscharge reqUIrements shall be
In full complIance WIth thIs Chapter.
SECTION
5429.
RevocatIon
of
IndustrIal-Wastewater PermIt.
l a)
The
DIrector may revoke
an
IndustrIal
Wastewater
Pe rm 1 t
upon
a
fIndIng that the dIscharger has VIolated
any prOVISIon of thIS Chapter.
(b) Any dIscharger whose IndustrIal
Wastewater PermIt has b~en revoked shall
ImmedIately cease and de51st all discharge
of any wastewater covered by the permIt.
1.j6
e
.
The DIrector mav dIsconnect or permanently
block
the dlscha~ger's connectIon If such
actIon
IS necessary to ensure complIance
wIth the order of revocatIon.
(c)
After
revocatIon
of
a
dIscharger's
IndustrIal
Waste
PermIt,
there shall be no further dIscharge of
IndustrIal wastewater by that dIscharger
I n tot he P.O. T . W.. the 5 tor m d r a Ins ys t em}
or the waters of the State unless there
has been a new applIcatIon flIed, all fees
and charges that would be reqUIred upon an
lnltlal
applicatIon and all
delInquent
fees,
charges, penaltIes,
and other sums
owed
by
the
dIscharger and/or the
the CIty have been patd to
a new IndustrIal Wastewater
applIcant to
the City, and
PermIt has
been
Issued.
Incurred
by
the
CIty,
Any costs
IncludIng
admInIstratIve
costs and
InvestIgative
f~es, In revokIng
dIsconnectIng the
connectIon,
and
If
the permIt
necessary, shall also be paId for by the
dIscharger before ISSuance of a new
IndustrIal Wastewater PermIt.
'57
.
.
Bemeqlal
Measures.
~ddltlonal Emergency
The Dlrector shall
SECT I ON ?4~~ O.
helve full pOloJer and authority to take any
necessary precautlons lncludlng, but not
l1mlted
to,
decontamlnatlon.
sewer
closure,
packaging,
dlklng,
and
transportation
of materlal5,
In order to
protect llfe, protect property, or prevent
further damage re5ultlng from a condltlon
1S
l1kely to result
In a d1scharge
hazard to the
that
which
pub It c
whlch
present5 an Imm1nent
health, safety,
elther Singly,
or
welfare; or
or
by 1nteract1on
W1 th
other
d15charges,
15 an
1mm1nent
hazard to the P.O.T.W. or whlch places
the Clty of Los Angeles 1n V1olatlon of
1ts NPDES Permit. In the pur~Ult of such
an operat1on,
Clty personnel,
any party
contracting
authorized
WI th the
Clty,
of
or duly
another
representative
government
agency,
shall
have lmmed1ate
access to the premlses. The Dlrector may
prohlb1t approach to the scene of such
emergency by any person, vehicle, vessel,
or thing, and all persons not actually
employed In the extlngulshment of the
.,8
e e
condItIon O~ the preservatIon of lIves and
property In the vICInIty thereof.
e3ECT ION
5431.
Comp 11 anc~.
All
dIschargers desIgnated by the DIrector as
reqUIrIng an IndustrIal Wastewater PermIt
shall
make applIcatIon
for
send permIt
WIthIn
30 days of
notIflcetlon by the
Director.
procedures,
All
changes
In operatIon
Imrrovernents
to
faCIlItIes,
and any other condItIons of the lndustrlel
Wastewater
Permit
sha 11
be
fully
Implemented WIthIn 180 days Qf Issuance of
the permit.
SECTION 2. Any prnvI5Ion of the Santa MonIca MunIcIpal
Code or appendIces thereto InconSIstent WIth the prOVISIons of
thIS ordInance, to the extent of such InconSIstencIes and no
further.
are
hereby
repealed
or
modIfIed
to
that extent
necessary to affect the prOVISIons of thIS OrdInance.
SECTION 3. If any sectIon, subsection, sentence,
clause, or phrase of thIS OrdInance 15 for any reason held to
be InvalId or unconstItutIonal by a deCISIon of any court of
competent
Jur usd lct Ion.
such deCISIon shall
not affect the
va lId I t Y 0 f
C 1 t Y Counc I 1
the remaInIng portlon~ of
th 15 l1rd I nance. The
hereby declares that It
would have passed thIS
59
.
.
Ordinance and each and every 5~ctlon, subsection, sentence,
clause,
or phrase not declared
Invalid or unconstitutional
W1 thout
regard to whether any portion of this Ordinance would
be subsequently declared Invalid or unconstItutIonal.
SECTION 4.
The Mayor shall sign and the City Clerk
shall attest to the passage of thIS Ordinance.
The CIty Clerk
sha II
cause
the same
to be publIshed once In the offiCial
newspaper WIthIn 1~ days after
1 t S adop t Ion.
ThIS OrdInance
shall become effectIve after 30 days from Its adoption.
APPROVED AS TO FORM:
~ ""'-. ~
ROBERT M. MYERS \J
C1 ty At tornay
60
.
.
Adopted and approved this 10th day of June, 1986.
~Lk-
;I Mayor
I hereby cer tify that the foregolng Ordinance No. 1373 (CCS)
was duly and regularly introduced at a meeting of the City
Council on the 27th day of May 1986; that the said Ordlnance was
thereafter duly adopted at a meeting of the City Council on the
10th day of June 1986 by the followlng Council vote:
Ayes: Councilmembers: Conn, Epstein, Jennings, A. Katz,
Zane and Mayor Reed
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councllmembers: H. Katz
ATTEST:
~?1,~
City Clerk