SR-505-002 (8)
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SEP 2 6 1989
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CA:RMM:rmd928bjhpca
City council Meeting 9-26-89
Santa Monica, california
STAFF REPORT
TO:
Mayor and City Council
FROM:
city Attorney
SUBJECT:
Ordinance Amending Santa Monica Municipal Code
sections 5400, 5403, 5404, 5423, and 5429 and
Adding Sections 5429A, 5432, 5433, 5434 and 5414A
to the Municipal Code to Clarify the Industrial
Wastewater Control Program and to Ensure its
Compliance with the Federal Clean Water Act
At its meeting on september 19, 1989, the City Council
introduced for first reading an ordinance amending the City's
Industrial Wastewater Control Program to clarify its provisions
and to bring it into compliance with the Federal Clean Water Act.
The ordinance is now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, city Attorney
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SEP 2 6 1989
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CA:RMM:rmd927/hpca
city council Meeting 9-26-89
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTIONS 5400, 5403, 5404, 5423, AND 5429
AND ADDING SECTIONS 5429A, 5432, 5433, 5434, and 5414A
TO THE MUNICIPAL CODE TO CLARIFY THE INDUSTRIAL
WASTEWATER CONTROL PROGRAM AND TO ENSURE ITS COMPLIANCE
WITH THE FEDERAL CLEAN WATER ACT
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1 .
Santa Monica Municipal Code Section 5400 is
amended to read as follows:
SECTION 5400.
Definitions.
For the purpose
of this Chapter, the following words and phrases
shall have the following meanings:
Act. The Federal Water Pollution Control Act
of 1972, also known as the Clean Water Act, as
amended, 33 U.S.C. 1251, et seq.
Approval Authority.
The California state
Water Resources Control Board upon approval of the
state Pretreatment program, or the Administrator of
the United States Environmental Protection Agency
without an Approved state Pretreatment Program.
Authorized
Representative.
A
principal
executive officer of at least the level of vice
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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.O.T.W.), storm
drain system, or waters of the state.
Averaqe Daily Flow. The number of gallons of
wastewater discharged into the P.O.T.W., storm drain
system, or waters of the state during a twenty-four
(24) hour period.
Biochemical Oxyqen Demand (BOD). The quantity
of oxygen utilized in the biochemical oxidation of
organic matter in five (5) days at 20 degrees
centigrade expressed in terms of milligrams per
liter (mgjl) and analyzed in accordance with the
most recent publication of "Standard Methods for the
Examination of Water and Wastewater," prepared and
published by the American Public Health Association,
American Water Works Association, and Water
Pollution Control Federation.
Cateqorical Standards. National Categorical
Pretreatment Standards or Pretreatment standards as
promulgated by the United states Environmental
Protection Agency.
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City. The City of Santa Monica or its duly
authorized representatives.
construction. The acquisition of any and all
rights of way or real property necessary for the
performance and completion of the work referred to
wherever authority is given to the City for any
construction under the provisions of this Chapter.
Cooling Water. The water discharged from any
use including, but not limited to, air conditioning,
cooling, or refrigeration, during which the only
pollutant added is heat.
Direct Discharqe. The discharge of wastewater
to the storm drain system or the waters of the
State.
Director. The Director of General services of
the city of Santa Monica or the duly authorized
representative thereof.
Discharqe. The introduction of a 1 iquid or
solid into the P.D.T.W., the storm drain system, or
the waters of the State.
Domestic Wastewater
bearing wastes derived
(Domestic Sewaqe).
from ordinary
character as to
and treatment
Water
living
permit
in, the
processes and of such
satisfactory disposal to,
P.O.T.W.
Environmental Protection Agency (EPA). The
United states Environmental Protection Agency, its
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Administrator, or its duly authorized
representative.
Etiologic Aqent. A type of micro-organism,
helminth, or virus which may be expected to produce
disease in healthy persons.
Fomites. Inanimate objects contaminated with
etiologic agents which may serve to transmit those
etiologic agents to humans.
Grab Sample. A sample which is 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 exterior of the surrounding walls 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 public
sewer.
Indirect Discharge. The di$charge of
wastewater into the P.O.T.W.
Industrial Waste Sewer Connection. 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
domestic sewage.
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Industrial Waste storm Drain Connection. Any
storm drain connection carrying or intended to carry
industrial waste from any industrial, manufacturing,
processing, or servicing establishment.
Industrial Wastewater (Industrial Waste). Any
water bearing waste, eXCluding domestic wastewater.
Industrial Wastewater Permit. A permit issued
by the Director in accordance with this Chapter.
Infectious Waste. Any waste material or
article which harbors or may reasonably be
considered to harbor viable etiologic agents and
shall include the following:
(1) Significant laboratory wastes
including, but not limited to, cultures of etiologic
agents.
(2)
not limited to,
elements, excreta,
etiologic agents,
disposable fomites.
(3) Human dialysis waste materials
inClUding arterial lines and dis1ysate membranes.
(4) Surgical specimens including, but
not limited to, human or animal parts and tissues
removed surgically or at an autopsy which contain
etiologic agents and attendant disposable fomites.
(5) Equipment, instruments, utensils,
and other materials of a disposable nature which may
pathologic specimens including, but
human or animal tissues, blood
and
and
secretions which contain
also include attendant
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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.
Interference. 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 ci ty of Los Angeles' National
Pollutant Discharge Elimination System (NPDES)
Permit or the City's Joint Powers Agreement with the
ci ty of Los Angeles. The term interference also
includes prevention of sewage sludge use or disposal
by the P.O. T. w. in accordance with Section 405 of
the Act or any violation of criteria, guidelines, or
regulations developed pursuant to the Solid Waste
Disposal Act (SWDA), the Clean Air Act, the Toxic
Substance Control Act, the Marine Protection,
Research and Sanctuaries Act, or violation of more
stringent state criteria (including those contained
in any State sludge management plan prepared
pursuant to Title IV of SWDA) applicable to the
method of disposal or use employed by the P.O.T.W.
Lot. As defined in Chapter 3 of Article IX of
this Code.
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National cateqorical Pretreatment Standard
(National standards). Any regulation containing
pollutant discharge limits promulgated by the EPA in
accordance with section 307(b) and (c) of the Act.
National Pollutant Discharge Elimination
System Permit (NPDES permit). A permit issued
pursuant to Section 402 of the Act.
Peak Flow. The maximum of five minute rate of
wastewater flow to be generated from the premises as
estimated by the Director.
Qtl. The logarithm (base 10) of the reciprocal
of the concentration of hydrogen ions expressed in
gram equivalents per liter of solution.
Pigment. A substance that imparts black or
white or a color to other materials.
Point of Discharge. Any physical location at
which a discharger, directly or indirectly, disposes
wastewater. The term point of discharge also
includes, but is not limited to, disposal to ponds,
injection wells, leach fields, or surface spreading.
Pollutant. Any dredged spoil, sol id waste,
incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials,
radioactive materials, heat, pigment, wrecked or
discharged equipment, rock, sand, cellar dirt, or
other waste.
Pretreatment. The reduction of the amount of
pollutants, the elimination of pollutants, or the
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alteration of the nature of pollutant properties in
wastewater to a less polluted state prior to or in
lieu of discharging such pollutants into the
P.O.T.W., storm drain system, or the waters of the
State. Pretreatment can be obtained by physical,
chemical, or biological processes, or process
changes by other means, except as prohibited by 40
Code of Federal Regulation (C.F.R.) at Section
403.6(d) .
Pre-Treatment Requirements. Any substantive
or procedural requirement related to pretreatment,
other than a National Categorical Pretreatment
Standard promulgated by EPA.
Private Sewaqe Disposal System. Any system
which disposes of sewage other than to a P.O. T. W. ,
storm drain, or waters of the state.
Publicly Owned Treatment Works (P.O.T.W.)
(Sanitary Sewer System). Treatment works as defined
by Section 212 of the Act, which is wholly or
partially owned by the City or the City of Los
Angeles. This includes any pUblic sewers that
convey wastewater to the P.O.T.W., treatment plant,
land, appurtenances, pumping stations, treatment
works, or equipment.
Sharps. Hypodermic needles,
syringes, blades, and broken glass.
include any device, instruments, or
hypodermic
Sharps also
other obj ects
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which
have
acute
rigid
corners,
edges,
or
protuberances.
Siqnificant Discharqer. Any discharger who
has toxic pollutants in his waste\<Jater or is found
by the city, state Water Resources Control Board, or
the Environmental Protection Agency to have a
significant impact, either singly or in combination
with other contributing dischargers, on the
P.O.T.W., the quality of the P.O.T.W.'s effluent or
sludge, air emissions generated by the P.O.T.W., or
the health, safety, or general welfare of persons
maintaining or operating the P.D.T.W.
Special Drainaqe Connection. Any house
connection sewer or storm drain connection from any
swimming pool, wading pool, fountain, pond, tank,
vat, or receptacle which receives or disposes of
rain water or surface water.
Special House Connection Sewer. Any house
connection sewer from a 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 Classification (SIC).
Classification pursuant to the Standard Industrial
Classification Manual issued by the Executive Office
of the President, Office of Management and Budget,
1972, or subsequent revisions.
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state. The state of California.
storm Drain Connection. Any pipeline, or
portion thereof, constructed in a street, 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 with any storm
drain.
storm Drain System. All of the property
involved in the operation of the storm drainage
collection and disposal system of the City of Santa
Monica, whether operated by the City or other public
agency, including conduits, natural or artificial
drains, channels, and watercourses, together with
appurtenances, pumping stations, and equipment.
Suspended Solids (SS). The total nonfiltrable
residue in water, wastewater, or other liquids,
which is removable in accordance with the most
recent publication of Standard Methods for the
Examination of Water and Wastewater, prepared and
published by 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.
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Wastewater. The liquid and waterborne
industrial or domestic wastes from facilities
including, but not limited to, dwellings, commercial
buildings, industrial facilities, agricultural
activities, hospitals, medical facilities, 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 of the state. All saline waters,
streams, lakes, ponds, marshes, watercourses,
waterways, wells, springs, reservoirs, aquifers,
irrigation systems, drainage systems, and all other
bodies or accumulations of water, surface or
underground, natural or artificial, public or
private, which are contained within, flow through or
border upon the state of California or any portion
thereof.
SECTION 2. Santa Monica Municipal Court Section 5403 is
amended to read as follows:
SECTION 5403. Discharge Prohibitions. Except
as expressly allowed in an Industrial Wastewater
Permit, no person shall discharge the following to
the P.O.T.W., the storm drain system, or the waters
of the State:
(a)
chlorinated
Gasoline, mercury,
hydrocarbons,
total identifiable
kerosene, naphtha,
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benzene, toluene, xylene, ethers, alcohols, ketones,
aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides, solvents, pesticides,
or jet fuel.
(b) Any liquids, solids, or gases which by
reason of their nature or quantity are flammable,
reactive, explosive, corrosive, or radioactive, or
by interaction with other materials could result in
fire, explosion, or injury.
(c) Any solid or viscous materials which
could cause obstruction to the flow or operation of
the P.O.T.W. or the storm drain system.
(d) Any toxic pollutants 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
exceed any limitation set forth in this section.
(e) Any noxious 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 to
interfere with any P.O. T . w. treatment plant process
or to render any product thereof unsuitable for
reclamation and reuse.
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(g) Any material in sufficient quantity to
cause the P.D.T.W. to be in noncompliance with
sludge use or disposal criteria, guidelines, or
regulations in 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 which will cause the
P.O.T.W. to violate its NPDES Permit, or applicable
federal or state statutes, rules, or regulations.
(i) Any wastewater containing pigment which
is not removed in the ordinary P.O.T.W. treatment
process and which creates a visual contrast with the
material appearance of the P.O. T. W. discharge
observable at the point of the P.O. T. W . discharge,
provided that in no event shall any wastewater
containing pigment be discharged to either the storm
drain system or to waters of the state.
(j) Any waste having a heat content in such
quantities that the temperature of the wastewater at
the introduction of the P.O.T.W. exceeds 60 degrees
centigrade (140 degrees Fahrenheit), or at the
introduction into any P. D. T. W . treatment plant
exceeds 40 degrees Centigrade (104 degrees
Fahrenheit). In no event shall any wastewater
having a temperature in excess of 37.8 degrees
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centigrade (100 degrees Fahrenheit) be discharged to
the storm drain system or to waters of the state.
(k) Any pollutants, including oxygen
demanding pollutants, released at a flow rate or
pollutant concentration which will cause or
contribute to interference.
(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.O.T.W.
However, the blowdown or bleedoff from cooling
towers or other evaporative coolers may be accepted
in the P.O.T.W.
(n) Any wastewater which constitutes a hazard
or causes injury to human, animal, plant, or fish
life, or creates a public nuisance.
(0) Recognizable portions of the human or
animal anatomy.
(p) Floatable material which is readily
removable.
(q) Any material of sufficient quantity,
which by interaction with other materials,
interferes with the P.O.T.W. treatment plant process
or renders any product thereof unsuitable for
reclamation and reuse, causes the P.O.T.W. to be in
noncompliance, or which constitutes a hazard to or
which may cause inj ury to human, animal, plant, or
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fish life. In the event of such discharge, assuming
violation of no other provision hereof, the violator
shall be subject only to imposition of further
permit conditions, orders, permit suspension, or
revocation.
SECTION 3.
Santa Monica Municipal Code Section 5404 is
amended to read as follows:
SECTION 5404. Specific Pollutant Limitations.
No person shall discharge the following to the
P.O.T.W.:
(a) Wastewater that exceeds the following
limitations:
Arsenic 3 mg/L
Cadmium 15 mg/L
Copper 15 mg/L
cyanide (Total) 10 mg/L
Cyanide (Free) 2 mg/L
Dissolved Sulfides .1 mg/L
Lead 5 mg/L
Nickel 12 mg/L
pH Range 5.5 - 11
Silver 5 mg/L
Total Chromium 10 mg/L
Dispersed Oil and
Grease (Total) 600 mg/L
Floatable Oil
and Grease None Visible
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The above limitations shall not apply where more
restrictive limitations are imposed by permit or
National Categorical Pretreatment standards.
(b) Radioact i ve Waste . Radioactive wastes,
except in accordance with the state of California
Administrative Code, Title 17, Public Health,
Regulations of the Bureau of Radiological Health.
(c) Infectious Wastes. Infectious waste,
unless such waste is ground in a grinder which meets
the Director's fineness of grind requirements and is
discharged to the P.O. 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 sui table disposable containers which
shall not exceed five (5) gallons capacity and shall
be colored red for identification. container and
contents shall be weighed and recorded prior to
disposal. These records shall be made available to
the Director for inspection. Recognizable portions
of the human or animal anatomy shall not be ground
or discharged to the P.O.T.W.
(d) Commercial Food Wastes. Commercial
garbage, food market wastes, or food plant wastes,
except after suitable grinding. The following
fineness of grind requirements for all types of
grinders shall be met at all times:
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(1) At least 40% shall pass a No. 8
sieve.
(2) At least 65% shall pass a No. 3
sieve.
(3) 100% shall pass a 1/2 inch sieve.
(e) Sharps. No person shall discharge sharps
unless ground in an approved grinder capable of
meeting the Director's fineness of grind
requirements and discharged to the P.O.T.W. Sharps
shall be ground by an approved grinder not exceeding
five (5) horsepower.
SECTION 4. Santa Monica Municipal Code section 5423 is
amended to read as follows:
SECTION 5423. confidentiality. Any
information, with the exception of discharge data as
defined in 40 C.F.R. section 403 et seg., submitted
to the City pursuant to this Chapter may be claimed
by the discharger to be confidential. Any such
claim must be asserted at the time of submission of
the information to the City. The claim may be
asserted by stamping the 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
public without further notice. If such a claim is
asserted, the information will be treated in
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accordance with the procedure set forth in 40 C.F.R.
Part 2 (Public Information).
SECTION 5. section 542 9A is added to the Santa Monica
Municipal Code to read as follows:
SECTION 5429A. Disconnection of Non-Permitted
viol.ators.
(a) The Director may disconnect any
connection to the P.O.T.W. or storm drain system of
any person who has not been issued an Industrial
Wastewater Permit when such disconnection is
necessary in order to stop a discharge which is in
violation of this Chapter, or which presents an
imminent hazard to the public health, safety,
welfare, or local environment, or which either
singly or by interaction with other discharges, is
an imminent hazard to the P.O.T.W., the storm drain
system, or the waters of the state, or which places
the City of Los Angeles in violation of its NPDES
Permit. Any discharger notified of a disconnection
shall immediately cease and desist the discharge of
all industrial wastewater to the P.O.T.W. or storm
drain system.
(b) In the event a violation of this chapter
does not present an imminent hazard, the Director
may serve the discharger with a notice of an
intended order of disconnection, stating the reasons
therefor, the opportunity for a hearing with respect
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thereto, and the proposed effective date of the
intended order.
(c) Any discharger disconnected or served
with a notice of an intended order of disconnection
may appeal to a hearing examiner in accordance with
section 6126 of this Code.
(d) Any disconnection order issued pursuant
to this section shall remain in effect until such
time as an Industrial Wastewater Permit has been
issued in accordance with this Chapter.
SECTION 6. Section 5414A is added to the Municipal Code to
read as follows:
SECTION 5414A.
Requirements for Floor Drains
and Curb Connections.
(a) Floor Drains. Any business which uses a
floor drain in which chemicals or waste discharge
may be washed is required to do one of the
following:
(1)
of pretreatment
Director.
Install a clarifier or other type
device as determined by the
(2) Seal the drain.
(b) Curb Connections. All curb connections
through which industrial wastewater is discharged
shall be sealed, effluent shall be pretreated, if
determined to be necessary by the Director, and
redirected to a sewer connection.
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SECTION 7. section 5432 is added to the Municipal Code to
read as follows:
SECTION 5432. civil Liability. Any business
that violates this Chapter shall be civilly liable
to the city for each violation in amount of not more
than One Thousand Dollars ($1,000.00) for each day
in which the violation occurs. If the violation
results in, or significantly contributes to, an
emergency, the business shall also be assessed the
full cost of the emergency response, as well as the
cost of cleaning up and disposing of any hazardous
materials.
SECTION 8. section 5433 is added to the Municipal Code to
read as follows:
SECTION 5433. Injunctive Relief. When the
Director determines that a business has engaged in,
is engaged in, or is about to engage in any acts or
practices which constitute or will constitute a
violation of this Chapter or any regulation or order
promulgated thereunder, the Director shall report
such detennination to the ci ty Attorney, and the
City Attorney may make application to the Superior
Court for an order enj oining the acts or practices
or for an order directing compliance. The City
Attorney may seek the same relief upon the City
Attorney's own motion. As established in Health and
Safety Code Section 25516, a permanent or temporary
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injunction, restraining order, or other appropriate
order may be granted upon a showing that the
business has engaged in, is engaged in, or is about
to engage in the challenged acts or practices.
SECTION 9. section 5434 is added to the Municipal Code to
read as follows:
SECTION 5434. Notification of siqnifieant
violators. The Director will pUblish annually in a
newspaper of general circulation a list of
significant violations in the manner required by
law.
SECTION 10. Any provision 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 11. If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared inval id or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
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SECTION 12. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~ VY".
ROBERT M. MYERS
City Attorney
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