SR-6-B (85)
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city Council Meeting 11-7-95 Santa Monica, California
HOV 0 7 as
TO: Mayor and City Council
FROM: city Attorney
SUBJECT: Ordinance of the city Council of the City of Santa
Monica Amending Chapter 5.20 of the Santa Monica
Municipal Code Concerning Industrial Wastewater
Control
At its meeting on October 17, 1995, the City Council
introduced for first reading an ordinance amending Chapter 5.20 of
the Municipal Code concerning industrial wastewater control. The
ordinance is now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance
be adopted.
PREPARED BY: Marsha Jones Moutrie, city Attorney
Joseph Lawrence, Assistant city Attorney
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City council Meeting 11-7-95 Santa Monica, California
ORDINANCE NUMBER 1825 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 5.20 OF THE
SANTA MONICA MUNICIPAL CODE CONCERNING
INDUSTRIAL WASTEWATER CONTROL
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 5.20 of the Santa Monica Municipal Code is
amended to read as follows:
CHAPTER 5.20
INDUSTRIAL WASTEWATER CONTROL
SECTION 5.20.010. General Provisions.
(a) Policy. It is the policy of the City of Santa
Monica to assure that the highest and best use of the
Publicly Owned Treatment Works ("p.a.T.W. It) is for the
collection, treatment, and disposal of domestic
wastewater and that the highest and best use of the storm
drain system is for the collection and disposal of storm
water. The use of either of these systems for industrial
wastewater is a privilege which is subject to the
requirements of this Chapter.
(b) Objectives. This Chapter sets forth uniform
requirements for direct and indirect dischargers to the
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P.O.T.W., the storm drain system, and the waters of the
State. Through a permit and-- ~inspection program
administered under jurisdiction of the City, the city
seeks to ensure the implementation of the following
Objectives:
(1) Prevent any discharge into the P.O.T.W.
which may interfere with the operation thereof.
(2) Prevent any discharge into the p.e.T.W.
inadequately treated, into receiving waters, land, or the
atmosphere, or otherwise be incompatible with the
P.D.T.W.
(3) Prevent any discharge which may interfere
with the operation of the storm drain system or pollute
the waters of the state.
(4) Protect the P.O.T.W., the storm drain
system, and the water of the state from damage by any
pollutants.
(5) Provide the opportunity to recycle and
reclaim sludges from the P.O.T.W., and wastewater 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.e.T.W., the storm drain system,
and waters of the State.
(7) Protect the life, health and safety of
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operating and maintenance personnel.
(8) Preserve hydraulic capacity in the
P.O.T.W.
(9) Ensure the health, safety, and general
welfare of the public.
SECTION 5.20.020. 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 seg.
Approval Authority. The California state Water
Resources Control Board.
Authorized Representative of the Industrial User.
(1) If the industrial user is a corporation,
authorized representative shall mean:
(a) The president, secretary, treasurer, or a
vice-president of the corporation in charge of a
principal business function, or any other person who
performs similar policy or decision-making functions for
the corporation; or
(b) The manager of one or more manufacturing,
production, or operation facilities employing more than
250 persons or having gross annual sales or expenditures
exceeding $25 million (in second-quarter, 1980 dollars) ,
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if authority to sign documents has been assigned or
delegated -to the manager in accordance with corporate
procedures.
(2 ) If the industrial user is a partner-ship,
association, or sole proprietorship, an authorized
representative shall mean a general partner or the
proprietor.
(3) If the individual user is representing Federal,
state or local governments, or an agent thereof, an
authorized representative shall mean a director or
highest official appointed or designated to oversee the
operation and performance of the activities of the
government facility.
(4) The individuals described in paragraphs 1-3
above may designate another authorized representative if
the authorization is in writing, the authorization
specifies the individual or position responsible for the
overall operation of the facility from which the
discharge originates or having overall responsibility for
environmental matters for the company, and the
authorization is submitted to the city.
Average Daily Flow. The number of gallons of
wastewater discharged into the P.D.T.W., storm drain
system, or waters of the state during a twenty-four (24)
hour period.
Biochemical Oxyqen Demand (BOD). The quantity of
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oxygen utilized in the biochemical oxidation of organic
matter in five (5) days at 20 degrees Centigrade
expressed in terms of milligrams per liter (mg / 1) and
analyzed in accordance with 40 CFR 136, as amended.
Building Sewer. A sewer conveying wastewater from
the premises of a user to the P.O.T.W.
Categorical Pretreatment standards or categorical
standards. National Categorical Pretreatment Standards,
~ Pretreatment Standards or any other regulation
containing pollutant discharge limits as promulgated by
the United states Environmental Protection Agency.
city. The city of Santa Monica or- its duly
authorized representatives.
Color. The optical density at the visual wave length
of maximum absorption, relative to distilled water. One
hundred percent (100%) transmittance is equivalent to
zero (0.0) optical density.
Composite sample. The sample resulting from the
combination of individual wastewater samples taken at
selected intervals based on either an increment of flow
or time.
Construction. The acquisition of any and all
rl.ghts-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.
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cooling Water. The water discharged from any use
including,-but not limited to, air-~onditioning, cooling,
or refrigeration, during which the only pollutant added
is heat.
Direct Discharge.. The discharge of wastewater to the
storm drain system or the waters of the State.
Director.. The Director of Environmental and Public
Works Management of the City of Santa Monica or the duly
authorized representative thereof.
Discharge.. The introduction of a liquid or solid
into the P.O.T.W., the storm drain system, or the waters
of the State.
Domestic wastewater (Domestic sewage) .. Water bearing
wastes derived from ordinary living processes, free from
industrial waste, and of such character as to permit
satisfactory disposal to, and treatment in, the P.O.T.W.
Environmental Protection Agency (EPA). The Uni ted
States Environmental Protection Agency, its
Administrator, or its duly authorized representative.
Etiologic Agent. A type of micro-organism, helminth,
or virus which may be expected to produce disease in
healthy persons.
Existing Source. Any source of discharge, the
construction or operation of which commenced prior to the
publication by the EPA of proposed categorical
pretreatment standards in accordance with section 307 of
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the Act.
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.
Holding Tank Waste. Any waste from holding tanks
such as vessels, chemicals toilets, campers, trailers,
septic tanks, and vacuum-pump tank trucks.
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 nischarqe. The discharge of wastewater into
the P.D.T.W.
Industrial User. Any person which is a source of
discharge.
Industrial Waste(s). Any solid, liquid, gaseous or
radioactive substance that is discharged from any
producing, :manufacturing, processing, institutional,
industrial, commercial, agricultural or similar operation
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from the development, recovery or processing of any
material resource which will enter ~he 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.
Industrial Waste Storm Drain connection. Any storm
drain connection carrying or intended to carry industrial
waste from any industrial, manufacturing, processing, or
servicing establishment. These connections may require
NPDES permits.
Industrial Wastewater (Industrial Waste}. Any water
bearing waste, excluding domestic wastewater.
Industrial Wastewater Permit. A permit issued by the
Director, or his or her authorized representative, in
accordance with this Chapter.
Interference. The inhibition or disruption of the
P.D.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 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,
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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.
Medical 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) Pathologic specimens including, but not limited
to, human or animal tissues, blood elements, excreta, and
secretions which contain etiologic agents, and also
include attendant disposable fomites.
(3) Human dialysis waste materials including
arterial lines and dialysate 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
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materials of a disposable 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.
National Categorical 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 pernd t issued pursuant to
section 402 of the Act.
New Source. Any source of a discharge, the
construction or operation of which commenced after the
publication by the EPA of proposed Categorical
Pretreatment standards in accordance with section 307 (c) ,
provided that:
(1.) no other source is located at that site; or
(2) the source completely replaces the process or
production equipment of an existing source at that site;
or
(3) the new wastewater generating process of the
source is substantially independent of an existing source
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at that site, and the construction of the source creates
a new facility rather than modifying an existing source
at that site.
Nondomestic Pollutants. Any substances other than
human excrement and household gray water (shower,
dishwashing operations, etc.). Nondomestic pollutants
include the characteristics of the wastewater ( i . e., pH,
temperature, TSS, turbidity, color, BOD, COD, toxicity,
odor) .
Pass Through. A discharge which exits the treatment
plant effluent into waters of the U.S. in quantities or
concentrations which, alone or in conjunction with an
indirect discharge or discharges from other sources, is
a cause of a violation of any requirement of the city's
NPDES permit (including an increase in the magnitude or
duration of a violation) .
Peak Flow. The maximum five (5) minute rate of
wastewater flow to be generated from the premises as
estimated by the Director.
Person. Any individual, partnership, copartnership,
firm, company, corporation, association, joint stock
company, trust estate, governmental entity or any other
legal entity, or their legal representatives, agents or
assigns. This definition includes all Federal, state or
local governmental entities.
pH. The logarithm (base 10) of the reciprocal of the
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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 Discharqe. 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, solid waste,
incinerator residue, sewage, garbage, sewage sludge,
munitions, medical waste, chemical wastes, industrial
wastes, biological materials, radioactive -materials,
heat, pigment, wrecked or discharged equipment, rock,
sand, cellar dirt, agricultural or other waste.
Potential Discharge. Any area of waste or
contamination which, by virtue of its location or
condition, may discharge to the storm drain, whether by
act of omission, commission, or act of nature.
pretreatment. The reduction of the amount of
pollutants, the elimination of pollutants, or the
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
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processes, or process changes by other means, except as
prohibited by 40 Code of Federal Regulation (C.F.R.) at
section 403.6(d).
Pretreatment Requirements. Any substantive or
procedural requirement related to pretreatment, other
than a National Categorical Pretreatment standard
promulgated by EPA.
Private Sewage Disposal system. Any system which
disposes of sewage other than to a P.O. T. W., storm drain,
or waters of the state.
Prohibited Discharge standards or Prohibited
Discharges. Absolute prohibitions against the discharge
of certain defined types of industrial wastewater. These
prohibitions appear in Section 5.20.040 of this
Ordinance.
Publicly Owned Treatment Works (P.O.T.W.).
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.
Receiving stream. Waters of the state, as defined
herein.
Residential Users. Persons only contributing
domestic sewage wastewater to the municipal wastewater
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system.
sewage. Human excrement and-gray water (household
showers, dishwashing operations, etc. )
Sharps. Hypodermic needles, hypodermic syringes,
blades, and broken glass. Sharps also include any device,
instruments, or other objects which have acute rigid
corners, edges, or protuberances.
siqnificant Industrial User. Industrial users
subject to categorical pretreatment standards and any
other industrial user that: (a) discharges an average of
25,000 gpd or more of process wastewater, (b) contributes
a process wastestream which makes up five (5) percent or
more of the average dry weather hydraulic or organic
capacity of the treatment plant or, ( c) is designated as
significant by the city on the basis that the industrial
user has a reasonable potential for causing pass through
or interference or for violating any pretreatment
standard or requirement.
Sluq Discharqe (Slug Load, uncontrolled Discharqe).
Any pollutant (including BOD) released in a discharge at
a flow rate or concentration which will cause a violation
of the specific discharge prohibitions of this Chapter.
Special Drainage 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
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water.
Special Bouse Co"nection 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
d1rectly assessed for a public sewer.
Standard Industrial classification (SIC).
Classification pursuant to the standard Classification
Manual issued by the Executive Office of the President,
Office of Management and Budget, 1972, or subsequent
revisions.
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 or
County, 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.
storm Water. Any flow occurring during or following
any form of natural precipitation and resulting
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therefrom, including snowmelts.
Suspended solids (SS). The total nonfilterable
residue in water, wastewater, or other liquids, which is
removable in accordance with 40 C. F. R. Part 136, as
amended.
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.
Treatment Plant. That portion of the P.D.T.W.
designed to provide treatment of sewage and industrial
waste.
Treatment Plant Effluent. Any discharge of
pollutants from the municipal wastewater system into
waters of the state.
Uncontrolled Discharqe. Any pollutant (including
BOD) released in a discharge at a flow rate or
concentration which will cause a violation of the
specific discharge prohibitions of this ordinance.
User. Any person who contributes, or causes or
allows the contribution of sewage or industrial
wastewater into the municipal wastewater system, storm
drain system, or waters of the state, including persons
who contribute such wastes from mobile sources.
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Wastewater. The liquid and water-borne 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 5.20.030. Abbreviations.
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 terms or phrases set forth
opposite each:
BOD. Biochemical Oxygen Demand.
CFR. Code of Federal Regulations.
COD. Chemical Oxygen Demand.
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EPA. Environmental Protection Agency.
gpd. - Gallons Per Day.
LCst. Lethal Concentration for Fifty Percent (50%) of
the Test organisms.
1. Liter.
mg. Milligrams.
mg/l. Milligrams per Liter.
NCPS. National Categorical Pretreatment standards.
NPDES . National Pollutant Discharge Elimination
System.
O&M. Operation and Maintenance.
P.O.T.W. Publicly Owned Treatment Works.
RCRA. Resource Conservation and Recovery Act.
SIC. Standard Industrial Classification.
SS. Suspended Solids.
SWDA. Solid Waste Disposal Act, 42 D.S.C. 6901 et
seq.
Tas. Total Suspended Solids.
use. United states Code.
SECTION 5.20.040. Prohibited Discharge standards.
(1) No person shall contribute or cause to be
contributed, directly or indirectly to the P.O.T.W., the
storm drain system or the waters of the State, any
pollutant or wastewater which may cause interference or
pass through. These general prohibitions apply to all
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users of the P.O.T.W. and storm drain system whether or
not the user is subject to categorical pretreatment
standards or any other national, state or local
pretreatment standards or requirement. Furthermore, no
person may contribute the following substances to the
F.O.T.W. , storm drain system or waters of the state:
(a) Gasoline, mercury, total identifiable
chlorinated hydrocarbons, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbides,
hydrides, petrochemical or carbon-based solvents,
pesticides, or jet fueL
(b) Any liquids, solids or gases which by
reason of their nature or quantity are or may be,
sufficient, either alone or by interaction with other
substances, to cause fire or explosion or be injurious in
any other way to the F.O.T.W. or storm drain system.
Included In this prohibition are waste streams with a
closed cup flashpoint of less than 140 degrees Fahrenheit
(60 degrees Centigrade). At no time shall two successive
readings on an explosion hazard meter at the point of
discharge into the system or at any point in the system
be more than five percent (5%) nor any single reading
over ten percent (10%) of the lower explosive limit (LEL)
of the meter.
(c) Any solid or viscous substances in amounts
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which could cause interference with the flow or operation
of the P.O.T.W. or the storm drain-system, but in no case
solids greater than one half inch (1/2") (1.27
centimeters) in any dimension.
(d) Any fats or greases, including but not
limited to petroleum oil, nonbiodegradable cutting oil,
or products of mineral oil origin, in amounts that will
cause interference or pass through;
(e) Any wastewater having a pH less than 5.5
or more than 11.0, or that otherwise could cause
corrosive structural damage to the P.O.T.W. system,
injure City personnel or damage equipment.
(f) Any wastewater containing pollutants in
sufficient quantity (flow or concentration) , either
singly or by interaction with other pollutants, to pass
through or interfere with the P.D.T.W. process, or
constitute a hazard to human, animal, plant or fish life,
or to exceed any limitation set forth in this section.
(g) Any noxious or malodorous liquids, gases,
solids, or other wastewater which, either singly or by
interaction with other materials, are sufficient to
create a public nuisance or hazard to life or to prevent
entry of any person into the P.D.T.W. or the storm drain
system.
(h) Any substance which may cause the P.O.T.W.
treatment plant effluent or any other residues, sludges,
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or scums, to be unsuitable for reclamation and reuse or
to interfere with the reclamation process. In no case
shall a substance discharged to the P.O.T.W. or storm
drain system cause the P.O.T.W. to be in noncompliance
with sludge use or disposal regulations, guidelines or
permits issued under section 405 of the Act, the Solid
Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act, or other state requirements
applicable to the sludge use and disposal practices being
used.
(i) Any substance which will cause the P.O.T.W.
to violate its NPDES Permit, or applicable Federal or
state statutes, rules, or regulations.
(j) Any wastewater which imparts color which
cannot be removed in the ordinary P.O.T.W. treatment
process such as, but not limited to, dye wastes and
vegetable tanning solutions, which consequently imparts
color to the P.O.T.W. by violating the P.O.T.W.'s NPDES
permit. Color (in combination with turbidity) shall not
cause the P.D.T.W. plant effluent to reduce the depth of
the compensation po~nt for photosynthetic activity by
more than 10 percent from the seasonably established norm
for aquatic life.
(k) Any wastewater having a temperature greater
than 140 degrees Fahrenheit (60 degrees Centigrade), or
which will inhibit biological activity in the p.e.T.W.
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treatment plant resulting in interference, but in no case
waste.vater which causes the-- temperature at the
introduction into the P.O.T.W. treatment plant to exceed
104 degrees Fahrenheit (40 degrees Centigrade) . In no
event shall any wastewater having a temperature in excess
of 37.80 Centigrade (100 deqrees Fahrenheit) be
discharged to the storm drain system or to waters of the
state.
el) Any wastewater containing any radioactive
wastes or isotopes except as specifically approved by the
Director in compliance with applicable state or Federal
regulations.
(m) Any pollutants which result in the
presence of toxic gases, vapors or fumes within the
P.O.T.W. or the storm drain system in a quantity that may
cause worker health and safety problems.
en) Any trucked or hauled pollutants, except at
discharge points designated by the city in accordance
with section 5.20.170.
(0) storm water, surface water, ground water,
artesian well water, roof runoff and subsurface drainage
collected and discharged to the P.O.T.W., unless
specifically authorized by the Director.
(p) Any industrial wastes containing floatable
fats, waxes, grease or oils, or which become floatable at
the wastewater temperature at the introduction to the
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P.O.T.W. treatment plant during the winter season; but in
no case, industrial wastewater containing more than 600
mg/l emulsified oil or grease.
(q) Nonbiodegradable cutting oils, commonly
called soluble oils, which form a persistent water
emulsion, and nonbiodegradab1e complex carbon compounds.
(r) Any sludges, screenings, or other residues
from the pretreatment of industrial wastes.
(s) Any medical wastes, except as specifically
authorized by the Director in a wastewater permit and
found in conformity with section 5.20.050(C).
(t) Any material containing ammonia, ammonia
salts, or other chelating agents which will produce
metallic complexes in amounts that could interfere with
the P.D.T.W. or storm drain system.
(u) Any material identified as hazardous waste
according to 40 CFR Part 261 except as may be
specifically authorized by the Director.
(v) Any wastewater causing the P.O.T.W.
treatment plant effluent to show a lethal concentration
of fifty percent (LCso) as determined by a toxicity test
of ninety-six (96) hours or less, using a percentage of
the discharge and aquatic test species chosen by the
Director.
(w) Recognizable portions of the human or
animal anatomy.
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(x) Any wastes containing detergents, surface
active agents, or other substance"S which may cause
excessive foaming in the P.O.T.W. or storm drain system.
(2) Wastes prohibited by this section shall not be
processed or stored in such a manner that these wastes
could be discharged to the P.O.T.W or storm drain system.
All floor drains located in process or materials storage
areas must discharge to the industrial user's
pretreatment facility before connecting with the system.
SECTION 5.20.050. Specific Pollutant Limitations.
(1) 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 5.5-1.1 mg/l
Silver 5 mg/l
Total Chromium 10 mg/l
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Zinc 25 mqjl
Dispersed Oil and
Grease (Total) 600 mq/l
Floatable Oil and Grease None Visible
concentrations apply at the point where the
industrial waste is discharged to the municipal
wastewater system. All concentrations of metallic
substances are for "total II metal. At the Director's
discretion, mass limitations may be imposed in addition
to or in place of the concentration based limitations
above. Compliance with all parameters may be determined
from a single grab sample or a composite sample.
The above limitations shall not apply where
more restrictive limitations are imposed by permit or
National Categorical Pretreatment standards.
(b) Radioactive 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) Medical Wastes. Medical 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
25
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contained in plastic bags or other suitable disposable
containers- which 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:
(1) At least 40% shall pass a No. S
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.
(2) Dilution. No person shall use any water to
dilute any pollutant to achieve compliance with the
discharge limitations contained in this section.
26
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SECTION 5.20.060. septic tanks, seepage pits, and
cesspool connections (private sewage disposal systems).
No private sewage disposal systems shall be
permitted within the city. All such systems must be
removed and the lots thereto attached connected to the
public sewer system. The connection to the public sewer
system in accordance with Article 7, Chapter 7.04, and
this Chapter of this Code, must be completed by July 1,
1987. The removal of the private sewage disposal system
must be completed by October 1, 1987.
SECTION 5.20.070. Pretreatment Facilities.
Industrial users shall provide necessary wastewater
treatment as required to comply with this Chapter and
shall achieve compliance with all categorical
pretreatment standards, local limits and the prohibitions
set out in Section 5.20.040 above, within the time
limitations specified by the Director. Any facilities
required to pretreat wastewater to a level acceptable to
the City shall be provided, operated, and maintained at
the industrial user's expense. Detailed plans showing the
pretreatment facilities and operating procedures shall be
submitted to the city for review, and shall be acceptable
to the City before construction of the facility
commences. The review of such plans and operating
procedures will in no way relieve the user from the
27
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,
responsibility of modifying the facility as necessary to
produce a . discharge acceptable to the City under the
provisions of this Chapter.
SECTION 5.20.080. Additional Pretreatment Heasures.
(a) Whenever deemed necessary, the Director may
require industrial users to restrict the industrial
user's discharge during peak flow periods, designate that
certain wastewater be discharged only into specific
sewers, relocate and/or consolidate points of discharge,
separate sewage wastestreams from industrial
wastestreams, and such other conditions as may be
necessary to protect the P.O.T.W. and storm drain system
and determine the industrial user's compliance with the
requirements of this Chapter.
(b) Each person discharging into the P.O.T.W. or
storm drain greater than 100,000 gallons per day or
greater than five percent (5%) of the average daily flow
in the system, whichever is lesser, shall install and
maintain, on his or her property and at his or her
expense, a suitable storage and flow control facility to
ensure equalization of flow over a twenty-four (24) hour
period. The facility shall have a capacity for at least
fifty percent (50%) of the daily discharge volume and
shall be equipped with alarms and a rate of discharge
controller, the regulation of which shall be directed by
28
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.
the Director. A wastewater permit may be issued solely
for flow equalization.
(c) Pretreatment Devices.
(l) In order to ensure that proper
pretreatment of different types of discharges and
pollutants can be achieved, the Director shall develop
regulations to establish the type, size, placement, and
connections of pretreatment devices, such as clarifiers,
separators, interceptors and chemical and electro--
chemical treatment devices for each type of discharges
and pollutants.
(2) Any person discharging industrial
wastewater from a gas station, auto repair and auto
refinishing, auto washing, other automotive related
facility, underground parking structure, or parking lot,
may be required by the Director to install g pretreatment
clarifier, or oil-water separator, and stormwater
diverter system. The type, size, placement, and
connection of the clarifier, separator, or diverter
system may be specified by the Director, consistent with
regulations developed pursuant to section 5.20.070(c) (1).
(3) Any person discharging industrial
wastewater from an underground parking structure or
parking lot may be required, by the Director, to install
any other chemical destruction devices deemed necessary
in order to pretreat the septic component of the waste
29
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stream. The type, size, placement, and connection of the
device maybe specified by the Director, consistent with
the regulations developed pursuant to Section
5.20.070(c) (1).
(4) Any person discharging industrial
wastewater from a restaurant, catering, or other
commercial kitchen facility may be required, by the
Director, to install a grease interceptor with a static
holding capacity equal to a 30-minute peak wastewater
flow from the subject facility. The type, size, and
placement of the interceptor may be specified by the
Director, consistent with the regulations developed
pursuant to section 5.20.070(c) (1).
(5) Any person discharging industrial
wastewater from a printing or photofinishing facility may
be required, by the Director, to install pretreatment
devices including, but not be limited to:
(a) clarifiers for organic pollutants
such as inks and dyes, or acids such as etchantsj
(b) desilvering devices for photo
developing waste streams containing greater than 5 mgjl
silver in accordance with Section 5.20.050; and
(c) sample boxes whenever deemed
necessary. The type, size, placement, and connection of
these devices may be specified by the Director,
consistent with the regulations developed pursuant to
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Section 5.20.070(C) (1).
SECTION 5.20.090. spill Prevention Plan..
Industrial users shall provide protection from
uncontrolled discharge of materials which may interfere
with the P.O.T.W. or storm drain system by developing
spill prevention plans. Facilities necessary to implement
these plans shall be provided and maintained at the
owner's or industrial user's expense. Spill prevention
plans, including the facilities and the operating
procedures shall be approved by the Director within
ninety (90) days after the issuance of an Industrial
Wastewater Permit. These industrial users must store at
least twenty-five (25) pounds of absorbent material on
location.
SECTION 5.20.100. Good Housekeeping Provision.
No person shall leave, deposit, discharge, dump, or
otherwise expose any chemical or septic waste in an area
where discharge to city streets or storm drain system may
occur. This section shall apply to both actual and
potential discharges.
SECTION 5.20.110. Requirements for restaurants and
other commercial cooking facilities.
All restaurants and other commercial cooking
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I
facilities must conduct operations in a manner which
avoids causing grease blockages to-the city sewer. All
restaurants and other commercial cooking facilities are
required to use grease rendering companies for recycling
of their waste cooking oil and grease. Waste cooking oil
and grease must be disposed of in containers provided by
grease rendering companies, not in city or private trash
dumpsters.
Restaurants and other commercial cooking facilities
are prohibited from installing food waste disposal units
which discharge to the City sewer system. Existing
facilities which discharge excessive grease to the city
sewer may have to eliminate food waste disposal units
after receiving a written notice of violation by the
Director.
All restaurants and other commercial cooking
facilities must have a wash area designed for washing
floor mats, with wastewater discharge directed to the
city sewer. Wastewater from floor mat washing cannot be
discharged to the storm drain system. Restaurants may be
required to implement best management practices to
eliminate excessive grease discharges or other
violations, as designated by the Director.
SECTION 5.20.120. Tenant Responsibility.
Any person who shall occupy the industrial user's
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.
premises as a tenant under any rental or lease agreement
shall be jointly and severally responsible for compliance
with the provisions of this Chapter in the same manner as
the Owner.
SECTION 5.20.130. separation of Domestic and
Industrial Wastestreams.
All new domestic wastewater sources from rest rooms,
showers, drinking fountains, and similar uses shall be
kept separate from all industrial wastewaters until the
industrial wastewaters have passed through a required
pretreatment system and the industrial user's monitoring
facility. When directed to do so by the Director,
industrial users must separate existing domestic
wastestreams from industrial wastestreams.
SECTION 5.20.140. Rules and Regulations.
The Director shall adopt rules and regulations
consistent with this Chapter to effectuate its purpose
and intent.
SECTION 5.20.150. Vandalism.
No person shall maliciously, willfully or
negligently break, damage, destroy, uncover, deface,
tamper with or prevent access to any structure,
appurtenance or equipment, or other part of the P.O.T.W.
33
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or storm drain system.
- - -
SECTION 5.20.160. Wastewater Survey.
When requested by the Director all industrial users
must submit information on the nature and characteristics
of their wastewater by completing a wastewater survey
prior to commencing their discharge. The Director is
authorized to prepare a form for this purpose and may
periodically require industrial users to update the
survey. Failure to complete this survey shall be
reasonable grounds for terminating service to the
industrial user and shall be considered a violation of
this Chapter.
SECTION 5.20.170. Industrial Wastewater Permit.
(a) No person shall discharge industrial wastewater
to the P.O. 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 water quality
objectives for receiving waters established by the
California Water Quality Control Board, Los Angeles
Region, or any applicable Federal or State statutes,
rules, or regulations. Such determination shall be made
34
.
from the information set forth in the application for
permit.
(b) Any violation of the terms and conditions of a
wastewater permit shall be deemed a violation of this
Chapter and subjects the industrial user to the sanctions
set out in sections 5.20.490 through 5.20.620. Obtaining
a wastewater permit does not relieve a permittee of its
obligation to obtain other permits required by Federal,
state or local law.
( c) A separate permit shall be required for each
point of discharge, or potential discharge to the
P.O.T.W., to the storm drain system and to the waters of
the state.
(d) No permit shall authorize, and no person shall
discharge, any industrial wastewater into the storm drain
system or the waters of the state of California.
(e) A zero discharge permit may be issued to an
industrial user, where available technology allows the
industrial user to treat wastewater on-site or Off-site,
without any process wastewater discharge into the City
sewer or storm drain system. The permit must be approved
before operations have begun.
SECTION 5.20.180. Application.
In order to be considered for a wastewater permit,
all industrial users required to have a permit must
35
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submit the following information on an application form
approved 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 premises where
the discharge will take place.
(d) The Standard Industrial Classification ( SIC)
for processes or subprocesses of the discharger.
(e) Wastewater constituents and characteristics,
including any pollutants in the discharge which are
limited by any Federal, state, or local standards;
pretreatment standards applicable to each regulated
process; and nature and concentration (or mass if
pretreatment standard requires) of regulated pollutants
in each regulated process (daily maximum and average
concentration or mass when required by a pretreatment
standard) . Sampling and analysis will be undertaken in
accordance with 40 CFR Part 136, as amended.
(f) Time and duration of the proposed discharge or
discharges.
(g) Measured average daily and maximum daily flow,
in gallons per day, to the municipal system from
regulated process streams and other streams as necessary
to use the combined wastestream formula in 40 CFR
403.6(e) .
(h) site plans, floor plans, mechanical and
36
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.
plumbing plans and details to show all sewers and storm
drains, connections, and appurtenances by their size,
location, and elevation, and all points of discharge.
(i) Description of activities, facilities, and
plant processes on the premises, including a list of all
raw materials and chemicals on the premises which are or
could accidentally or intentionally be discharged to the
municipal system.
(j) Detailed plans Showing pretreatment facilities,
sampling facilities, uncontrolled discharge containment
facilities, and operating procedures.
(k) Identification of the nature and concentration
of any pollutant located at the premises of the
discharger (and/or applicant, if different) if discharge
of that pollutant is prohibited or regulated under
section 5.20.050 and other applicable regulations, plus
a statement specifying whether the specific limitations
set forth Section 5.20.050 and other applicable
regulations are being met, and, if not, what additional
operation and maintenance (O&M) or pretreatment is
proposed by the discharger to cause compliance.
(1) The shortest time schedule by which the
discharger will provide the necessary additional
pretreatment, if additional pretreatment or O&M will be
required to meet the regulations in Section 5.20.050 and
other applicable regulations. Any completion date in
37
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,
such a proposed schedule shall not be later than the
compliance- date established by the-applicable regulation.
The schedule shall provide for reporting increments of
progress in the form. of dates for coltlInencement and
completion of major events leading to the construction
and operation of additional pretreatment necessary for
the discharger to meet the applicable regulation (e.g. ,
hiring an engineer, completing preliminary and final
plans, executing contract for major components,
commencing construction, and completing construction).
After permit issuance, progress reports shall be
submitted at such times required by the Director. Time
limits specified pursuant to this Section for reporting,
commencement, and completion of major events leading to
the construction and operation of additional pretreatment
required for the discharger to meet the applicable
regulations 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,
process or processes and rate of production.
(n) Type and amount of raw materials processed by
the discharger (average and maximum per day).
(0) Number of employees, hours of operation of
plant, and hours of operation of the proposed
38
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pretreatment system.
(p) copies of any current city Business License,
NPDES Permit, South Coast Air Quality Management District
Permit, Regional Water Quality Control Board Permit, and
state Department of Health Services Permit and all other
environmental control permits held by and for the
facility.
(q) The name, business address, and motor vehicle
driver's license number of the authorized representative
and a twenty-four (24) hour telephone number.
(r) Any other information deemed by the Director to
SECTION 5.20.190. Certification statement for Permit
Applications and Reports.
All permit applications and industrial user reports
must contain the following certification statement and be
signed by an authorized representative of the industrial
user:
"I certify under penalty of perjury that this
document and all attachments were prepared under my
direction or supervision in accordance with a
system designed to assure that qualified personnel
properly gather and evaluate the information
submitted. Based on my inquiry of the person or
persons who manage the system, or those persons
directly responsible for gathering the information,
39
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the information submitted is, to the best of my
knowledge and belief, true, -accurate, and complete.
I am aware that there are significant penalties for
submitting false information, including the
possibility of fine and imprisonment for knowing
violations."
SECTION 5.20.200. Approval of Application.
(a) After evaluation and acceptance of the data
furnished, the Director may issue an Industrial
wastewater Permit subj ect to terms and conditions imposed
by the Director pursuant to this Chapter. Granting of the
permit shall not relieve the discharger from the
responsib11ity for compliance with all provisions of this
Chapter.
(b) 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
one hundred eighty (180) days from the effective date of
the permit or the permit is deemed void.
SECTION 5.20.210. Exemptions.
An Industrial Wastewater Permit is not required for
the following dischargers or discharges to the P.O.T.W.:
( a) Lots consisting of residential units not
40
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required to file Toxic Chemical Disclosure Forms under
Article V, Chapter 3 of this Code.
(b) Where no portion of water supplied to any
premises and industrial waste stored on the premises,
discharges or has the potential to discharge to the
P.O.T.W. , storm drain system, or waters of the state.
SECTION 5.20.220. Permit Conditions.
Industrial Wastewater Permits shall be SUbject to
all provisions of this Code, all other applicable
statutes, rules, and regulations, and fees and charges
established by the city.
(a) The Director shall have authority to impose
permit conditions including, without limitation, the
following:
(1) Limits on the average or maximum rate of
discharge, time of discharge, or requirements for flow
regulation and equalization.
(2) Limits on the instantaneous, daily and
monthly average or maximum concentration, mass, or other
measure of identified wastewater pollutants or
properties.
(3) Requirements for the installation of
pretreatment technology or construction of appropriate
containment devices, designed to reduce, eliminate, or
prevent the introduction of pollutants into the treatment
41
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.
works.
(4) Development and impl-ementation of spill
control plans or other special conditions including
management practices necessary to adequately prevent
accidental, unanticipated, or routine discharges.
(5) Development and implementation of waste
minimization plans to reduce the amount of pollutants
discharged to the municipal wastewater system.
(6) The unit charge or schedule of user charges
and fees for the management of the wastewater discharged
to the system.
(7) Requirements for installation and
maintenance of inspection and sampling facilities and
equipment.
(8) Specifications for monitoring programs
which may include sampling locations, frequency of
sampling, number, types, and standards for tests, and
reporting schedules.
(9) Requirements for immediate reporting of
any instance of noncompliance and for automatic
resampling and reporting within thirty (30) days where
self-monitoring indicates a violation(s).
(10) Compliance schedules for meeting
pretreatment standards and requirements.
( 11) Requirements for submission of periodic
self-monitoring or special notification reports.
42
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.
(12) Requirements for maintaining and retaining
plant records relating to wastewater discharge and
affording the Director, or his representatives, access
thereto.
(13) Requirements for prior notification and
approval by the Director of any new introduction of
wastewater pollutants or of any significant change in the
volume or character of the wastewater prior to
introduction in the system.
(14) Requirements for the prior notification
and approval by the Director of any change in the
manufacturing or pretreatment process used by the
permittee.
(15) Requirements for immediate notification of
excessive, accidental, or slug discharges, or any
discharge which could cause any problems to the system.
( 16) A statement that compliance with a permit
does not relieve the permittee of responsibility for
compliance with all applicable Federal and state
pretreatment standards, including those which become
effective during the term of the permit.
(17) Other conditions as deemed appropriate by
the Director to ensure compliance with this Chapter, and
state and Federal laws, rules, and regulations; the term
of the permit.
(b) The Director may modify the permit for good
43
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.
cause including, but not limited to, the following:
(~) To incorporate any l1ew or revised Federal,
state, or local pretreatment standards or requirements.
(2) To address significant alterations or
additions to the industrial user's operation, processes,
or wastewater volume or character since the time of
permit issuance.
(3) A change in the municipal wastewater
system that requires either a temporary or permanent
reduction or elimination of the authorized discharge.
(4) Information indicating that the permitted
discharge poses a threat to the city's municipal
wastewater system, City personnel, or the receiving
waters.
(5) Violation of any terms or conditions of
the wastewater permit.
(6) Misrepresentation or failure to disclose
fully all relevant facts in the permit application or in
any required reporting.
(7) Revision of or a grant of variance from
categorical pretreatment standards pursuant to 40 CFR
403.13.
(8) To correct typographical or other errors
in the permit.
(9) To reflect a transfer of the facility
ownership and/or operation to a new owner/operator.
44
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.
SECTION 5.20.230. Wastewater Permit Reissuance.
A significant industrial user shall apply for permit
reissue by submitting a complete permit application in
accordance wi th Section 5.20.170, a minimum of ninety
(90) days prior to the expiration of the user's existing
permit.
SECTION 5.20.240. Com.pliance.
All dischargers designated by the Director as
requiring an Industrial Wastewater Permit shall make
application for said permit within thirty (30) days of
notification by the Director. All changes in operation
procedures, improvements to facilities, and any other
conditions of the Industrial Wastewater Permit shall be
fully implemented within one hundred eighty (180) days of
issuance of the permit.
SECTION 5.20.250. Governmental User Permits.
In the event another governmental entity contributes
all or a portion of its wastewater to the city's
wastewater system, the City may require this governmental
entity to apply and obtain a governmental user permit.
(a) A governmental user permit application shall
include:
(1) A description of the quality and volume of
its wastewater at the point it enters the City's system;
45
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(2) An inventory of all industrial users
discharging to the governmental entity;
(3) Such other information as may be required
by the Director.
(b) A governmental user permit shall contain the
following conditions:
(1) A requirement for the governmental user to
adopt both a sewer use ordinance, code, or law, and local
limits which are at least as stringent as those set out
in Section 5.20.050.
(2) A requirement for the governmental user to
submit a revised industrial user inventory on at least an
annual basis;
(3) Requirements for the governmental user to
conduct Pretreatment implementation activities including
industr ial user permit issuance, inspection and samp1 ing ,
and enforcement as needed;
(4) A requirement for the governmental user to
provide the City with access to all information that the
governmental user obtains as part of its pretreatment
activities;
(5) Limits on the nature, quality and volume
of the governmental user's wastewater at the point where
It discharges to the municipal wastewater system;
(6) Requirements for monitoring the
governmental user's discharge.
46
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.
(c) Violation of the terms and conditions of the
governmental user's permit subjects the municipal user to
the sanctions set out in Sections 5.20.490 through
5.20.620.
SECTION 5.20.260. Requirements for Floor Drains and
Curb connections.
(a) Floor Drains. Any business which uses a floor
drain in which chemical or waste discharge may be washed
or discharged is required to do one of the following:
(1) Install a clarifier or other type of
pretreatment device as determined by the Director.
(2) Seal the drain.
(b) Curb connections. All curb connections through
WhlCh 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.
SECTION 5.20.270. Change of ownership or Location.
An Industrial Wastewater Permit shall not be
transferable, by operation of law or otherwise, either
from one location to another, or from one person to
another. For purposes of this Section, statutory mergers
or name changes shall not constitute a transfer or a
change in ownership. Following a change of ownership, and
47
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.
upon application for a new Industrial Waste Permit, an
interim permit may be issued by the Director for a period
of no more than one hundred eighty (180) days pending the
issuance of a new permit.
SECTION 5.20.280. Chanqe of Wastewater
Characteristics.
No wastewater discharge shall be commenced in which
there has been a change of characteristics which causes
it to be different from that expressly allowed under the
permit issued, without notification to and approval by
the Director. Upon such notification, the Director, in
his or her discretion, m.ay require that a new application
be filed and new permit obtained before any wastewater
discharge involving the changed characteristics takes
place.
SECTION 5.20.290. Baseline Monitoring Reports.
(a) Within one hundred eighty (laD) days after the
effective date of a categorical pretreatment standard, or
one hundred eighty (180) days after the final
administrati ve decision on a category determination under
40 CFR 403.6(a) (4), whichever is later, existing
significant industrial users SUbject to such categorical
pretreatment standards and currently discharging to or
scheduled to discharge to the municipal system shall be
48
.
.
required to submit to the City a report which contains
the information listed in paragraph (b), below. At least
ninety (90) days prior to commencement of their
discharge, new sources, including existing users which
have changed their operation or processes so as to become
new sources, shall be required to submit to the City a
report which contains the information listed in paragraph
(b) . A new source shall also be required to report the
method of pretreatment it intends to use to meet
applicable pretreatment standards. A new source shall
also give estimates of its anticipated flow and quantity
of pollutants discharged.
(b) The information required by this Section
includes:
(1) Identifying Information. The user shall
submit the name and address of the facility including the
name of the operator and owners.
(2) Permits. The user shall submit a list of
any environmental control permits held by or for the
facility.
(3) Description of operations. The user shall
submit a brief description of the nature, average rate of
production, and standard industrial classification of the
operation(s) carried out by such an industrial user. This
description should include a schematic process diagram
which indicates points of discharge to the system from
49
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.
the regulated processes.
(4) Flow Measurement. -~he user shall submit
information showing the measured average daily and
maximum daily flow, in gallons per day, to the system
from regulated process streams and other streams as
necessary to allow use of the combined wastestream
formula set out in 40 CFR 403.6(e).
(5) Measurement of Pollutants.
A. The industrial user shall identify
the categorical pretreatment standards applicable to each
regulated process.
B. The industrial user shall submit the
results of sampling and analysis identifying the nature
and concentration (and/or mass, where required by the
standard or City) of regulated pollutants in the
discharge from each regulated process. Instantaneous,
daily maximum and long term average concentrations (or
mass, where required) shall be reported. The sample shall
be representative of daily operations and shall be
performed in accordance with procedures set out in 40 CFR
Part 136.
C. A minimum of four (4) grab samples must
be used for pH, cyanide, total phenols, oil and grease,
sulfide, and volatile organics. All other pollutants will
be measured by composite samples obtained through flow
proportional sampling techniques. If flow proportional
50
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composite sampling is infeasible, samples may be obtained
through time proportional sampling techniques or through
four (4) grab samples if the user proves such a sample
will be representative of the discharge.
(6) Special certification. A statement,
reviewed by an authorized representative of the
industrial user and certified to be a qualified
professional, indicating whether pretreatment standards
are being met on a consistent basis, and, if not, whether
additional operation and maintenance (O&M) or additional
pretreatment is required in order to meet the
pretreatment standards and requirements.
(7) Compliance Schedule.. If additional
pretreatment or O&M will be required to meet the
pretreatment standards, the shortest schedule by which
the industrial user will provide such additional
pretreatment or O&M. The completion date in this schedule
shall not be later than the compliance date established
for the applicable pretreatment standard. A compliance
schedule pursuant to this section must meet the
requirements set out in section 5.20.210 of this
ordinance.
(8) All baseline monitoring reports must be
signed and certified in accordance with Section 5.20.180.
SECTION 5.20.300. compliance Deadline Reports..
51
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Within ninety (90) days following the date for final
compliance with applicable categorical pretreatment
standards, or in the case of a new source, following
commencement of the introduction of wastewater into the
municipal wastewater system., any industrial user subject
to such pretreatment standards and requirements shall
submit to the City a report containing the information
described in Section 5.20.280. For industrial users
subject to equivalent mass or concentration limits
established in accordance with the procedures in 40 CFR
403.6(c), this report shall contain a reasonable measure
of the user's long term production rate. For all other
industrial users subject to categorical pretreatment
standards expressed in terms of allowable pollutant
discharge per unit of production (or other measure of
operation) , this report shall include the user's actual
production during the appropriate sampling period. All
compliance reports must be signed and certified in
accordance with section 5.20.180.
SECTION 5.20.310. Periodic Compliance Reports.
(a) Any significant industrial user subject to a
pretreatment standard shall, at a frequency determined by
the Director but in no case less than twice per year,
submit a report indicating the nature and concentration
of pollutants in the discharge which are limited by such
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pretreatment standards and the measured or estimated
average and maximum daily flows for the reporting period.
All periodic compliance reports must be signed and
certified in accordance with Section 5.20.180.
(b) All wastewater samples must be representative of
the industrial user's discharge. Wastewater monitoring
and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working
order at all times. The failure of an industrial user to
keep its monitoring facility in good working order shall
not be grounds for the industrial user to claim that
sample results are unrepresentative of its discharge.
(c) In the event an industrial user's monitoring
results indicates a violation has occurred, the
industrial user must immediately notify the Director and
resample its discharge. The industrial user must report
the results of the repeated sampling within thirty (30)
days of discovering the first violation.
SECTION 5.20.320. Report of Changed conditions.
(a) Each industrial user is required to notify the
Director of any planned significant changes to the
industrial user's operations or pretreatment systems
which might alter the nature, quality or volume of its
wastewater.
(b) The Director may require the industrial user to
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submit such information as may be deemed necessary to
evaluate the changed condition, including the submission
of a wastewater permit application under Section
5.20.180, if necessary.
(c) The Director may issue a wastewater permit under
section 5.20.160 or modify an existing wastewater permit
under section 5.20.210.
(d) No industrial user shall implement the planned
changed condition(s) until and unless the Director has
responded to the industrial user's notice.
(e) For purposes of this requirement, flow
increases of ten percent (10%) or greater and the
discharge of any previously unreported pollutants shall
be deemed significant.
SECTION 5.20.330. Reports of Potential
Problems/Slug Control Plans.
(a) Each industrial user shall provide protection
from accidental or intentional discharges of prohibited
materials or other substances regulated by this Chapter.
Facilities to prevent the discharge of prohibited
materials shall be provided and maintained at the owner's
or user's own cost and expense. Detailed plans showing
facilities and operating procedure to provide this
protection shall be submitted to the City for review and
shall be approved by the City before construction of the
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facility commences. Review and approval of such plans and
operating procedures shall not relieve the industrial
user from the responsibility to modify the user's
facility as necessary to meet the requirements of this
Chapter.
(b) No industrial user which commences contribution
to the system after the effective date of this Ordinance
shall be permitted to introduce pollutants into the
system until accidental discharge procedures have been
approved by the City.
(c) In the case of an accidental or other discharge
which may cause potential problems for the P.O.T.W. or
storm drain system, it is the responsibility of the user
to immediately telephone and notify the City of the
incident. This notification shall include the location of
discharge, type of waste, concentration and volume, if
known, and corrective actions taken by the user.
(d) within five (5) days following an accidental
discharge, the user shall, unless waived by the Director,
submit a detailed written report describing the cause(s)
of the discharge and the measures to be taken by the user
to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage,
or other liability which may be incurred as a result of
damage to the system, natural resources, or any other
damage to person or property; nor shall such notification
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relieve the user of any fines, civil penalties, or other
liability which may be imposed by this Chapter.
(e) Failure to notify the city of potential problem
discharges shall be deemed a separate violation of this
Chapter.
(f) In addition to any other remedies provided by
this Code, any discharger who fails to provide
notification of uncontrolled discharges as required by
this Section shall be liable in a civil action for a
civil penalty in the amount of Five Hundred Dollars
($500.00) for each day the uncontrolled discharge has not
been reported and reasonable attorneys' fees and costs as
determined by a court of competent jurisdiction.
(g) A notice shall be permanently posted on the
user's bulletin board or other prominent place advising
employees whom to call in the event of a discharge
described in paragraph (c), above. Employers shall ensure
that all employees who may cause or suffer such a
discharge to occur are advised of the emergency
notification procedure. In the event a substantial number
of the discharger's employees use a language other than
English as a primary language, the notice shall be worded
in both English and the language or languages involved.
(h) At least every two years the Director shall
evaluate whether each Significant Industrial User needs
a slug control plan as required in 40 CFR
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4032 . 8 (F) (2) (V) . The user may be required to develop,
submit for approval, and implement such a plan.
SECTION 5.20.340. Reports fro. Noncateqorical Users.
All industrial users not subject to categorical
pretreatment standards and not required to obtain a
wastewater permit shall provide appropriate reports to
the city as the Director may require.
SECTION 5.20.350. Ti.inq.
Written reports will be deemed to have been
transmitted at the time of deposit, postage prepaid, into
a mail facility serviced by the United states Postal
Service.
SECTION 5.20.360. Report Following Adoption of New
City specific Pollutant Liaitations.
within one hundred eighty (180) days after
promulgation of a new City Specific Pollutant Limitation
and notification thereof by the Director to specific
dischargers affected thereby, any discharger, subject to
such limitations, shall submit to the Director a report
containing:
(a) The name and address of the discharger.
(b) The address or location of the premises where
the discharge does or will take place.
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(c) The nature, average production rate, and
standard Industrial Classification of the operations
carried out by the discharger.
(d) The 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
identification of applicable limitations. The
concentration shall be reported as a maximum or average
as provided in applicable limitations. If equivalent
concentration limits have been calculated in accordance
with the limitation, this adjusted concentration limit
shall also be submitted.
(f) A statement, reviewed by an authorized
representative and certified under penalty of perjury by
a person with primary responsibility for the operation
which contributes to the discharge, indicating whether
the limitations are being met, and, if not, what
operation and maintenance improvements or additional
pretreatment is required for compliance.
(g) The shortest schedule under which any
additional pretreatment or operation and maintenance
improvements, required as a result of the new limitations
or requirements, will be completed.
(1) The completion date in such a schedule
shall not be later than the compliance date established
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for the applicable limitation.
(2) The schedule shall provide for reporting
increments of progress in the form of dates for the
commencement and completion of major events leading to
the construction and operation of any additional
pretreatment necessary (e.g. , hiring an engineer,
completing preliminary and final plans, executing
contracts for major components, commencing construction,
and completing construction).
(3) The discharger shall also submit a written
progress report to the Director, not later than fourteen
(14) days following each increment of progress date in
the schedule and the final date for compliance. That
report shall state whether the discharger is in
compliance with the scheduled increment of progress. If
compliance was not achieved, the report shall state the
date by which the discharger expects to comply with the
scheduled increment of progress, the reason for the
failure to comply, and the steps being taken by the
discharger to maintain the established compliance
schedule.
(4) The time limits specified in this section
for operation or maintenance improvements or additional
pretreatment may be extended by the Director.
SECTION 5.20.370. Monitoring and Sampling --
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Pre-Notification.
(a) Any discharger may be required by the Director,
by permit or otherwise, to engage in periodic monitoring
and sampling of its discharge. Where a discharger is
required to monitor or sample, the discharger shall
notify the Director by telephone at least forty-eight
(48) hours in advance of any monitoring or sampling to be
done. Notification shall include the date, time, and
location of the proposed monitoring or sampling.
Monitoring and sampling shall be carried out during a
period of normal operations. Prior to the commencement of
any sampling or monitoring, the Director may request that
the discharger furnish to the Director a split sample and
all supporting data (i.e. , methodology, flow measuring
data, strip chart recordings, and other pertinent
information) . The Director reserves the right to refuse
any data developed from the monitoring and sampling
activity if the discharger fails to comply with the
prenotification 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 wastewater
flow to the P.O.T.W. over a twenty-four (24) hour period.
Composite samples shall be collected hourly. Samples may
be collected either manually or by automatic integrated
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sampling equipment approved by the Director.
Cd) The handling, storage, and analysis of all
samples taken for the determination of the
characteristics of wastewater discharged shall be
performed by laboratories certified by the state of
California and in accordance with the procedures
established by the EPA pursuant to Section 304(a) of the
Act and contained in 40 C.F.R., Part 136, as amended. In
the absence of a state Certification process, the
Director may certify a laboratory to perform any
necessary sampling and analysis.
SECTION 5.20.380. Additional Reporting
Requirements.
The Director may impose additional reporting
requirements by permit condition or otherwise.
SECTION 5.20.390. Sample Collection.
(a) Except as indicated in subsection (b) , below,
wastewater samples collected for purposes of determining
industrial user compliance with pretreatment standards
and requirements must be obtained using flow proportional
composite collection techniques. In the event flow
proportional sampling is infeasible, the Director may
authorize the use of time proportional sampling.
(b) Samples for oil and grease, temperature, pH,
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cyanide, phenols, toxicity, sulfides, and volatile
organic chemicals must be obtained using grab collection
techniques.
SECTION 5.20.400. Analytical Requirements.
All pollutant analyses, including sampling
techniques, to be submitted as part of a permit
application or report shall be performed in accordance
with the techniques prescribed in 40 CFR Part 136, as
amended, or, if 40 CFR Part 136 does not contain sampling
or analytical techniques for the pollutant in question,
in accordance with procedures approved by the EPA and the
city.
SECTION 5.20.410. Monitoring Charges.
The Director may recover the City's expenses
incurred ln collecting and analyzing samples of the
industrial user's discharge by adding the costs to the
industrial user's sewer charges.
SECTION 5.20.420. Falsifying Inforaation.
No person shall knowingly make any false statement,
representation, or certification in any application,
record, report, plan, or other document filed with the
Director or required to be maintained pursuant to this
Section, or tamper with or knowingly render inaccurate
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any monitoring device required under this section.
SECTION 5.20.430. Inspection and samplinq.
(a) Whenever it is necessary to make an inspection
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 applicable law, or
any condition which makes such premises hazardous,
unsafe, or dangerous, the Director is authorized to enter
such property at any reasonable time and inspect the same
and perform any duty imposed upon the Director by this
Chapter or other applicable law as follows:
(1) If the property is occupied, the Director
shall first present proper credentials to the occupant
and request entry explaining the reasons therefor.
(2) If the property is 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, explaining the reasons
therefor. If such entry is 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 Director shall have recourse to every
remedy provided by law to secure lawful entry and inspect
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the property.
(b) Notwi thstanding Subsection {a), if the Director
has reasonable cause to believe that wastewater discharge
conditions on or emanating from the premises are so
hazardous, unsafe, or dangerous as to require immediate
inspection to safeguard the public health or safety, the
Director shall have the right to immediately enter and
inspect the property, and may use any reasonable means
required to effect such entry and make such inspection,
whether the property is occupied or unoccupied and
whether or not formal permission to inspect has been
obtained. If the property is occupied, the Director shall
first present proper credentials to the occupant and
demand entry, explaining the reasons therefor and the
purpose of the inspection.
( c) No person shall fail or refuse, after proper
demand has been made upon that person as provided in this
Section, to promptly permit any inspection provided for
by this Section.
(d) The applicant, by accepting any permit issued
pursuant to this Section, does thereby consent and agree
to the entry upon the premises, described in the permit,
by Department personnel for the following purposes as
required by this section or other applicable laws. The
City shall be afforded access at all reasonable times:
(1) For the purposes of inspection, sampling,
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flow measurement, and examination of records in the
performance of other authorized duties.
(2) To set up on the discharger's property
such devices as are necessary to conduct sampling
inspections, compliance monitoring, flow measuring, or
metering operations.
(3) To inspect and copy any records, reports,
test results, or other information required to carry out
the provisions of this section.
(4) To photograph any waste, waste container,
vehicle, waste treatment process, discharge location, or
violation discovered during an inspection.
(e) Where a discharger has instituted security
measures requiring proper identification and clearance
before entry onto the premises, the discharger shall make
all necessary arrangements with its security guards in
order that, upon presentation of such identification,
city personnel shall be permitted to enter the premises
without delay for the purpose of performing their
author1zed duties.
SECTION 5.20.440. Honitorinq Facilities.
The Director may require to be provided, operated,
and maintained at the discharger's expense, separate and
secured monitoring facilities to allow inspection,
sampling, and flow measurement of the discharge. The
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monitoring facilities shall be situated on the
discharger.J's premises and in said - event the Director
shall be granted total and unrestricted 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 premises.
SECTION 5.20.450. Search Warrants.
If the Director has been refused access to a
building, structure or property or any part thereof, and
if the Director has probable cause to believe that there
may be a violation of this Chapter or that there is a
need to inspect as part of a routine inspection program
of the City designed to protect the overall public
health, safety and welfare of the community, then upon
application by the City Attorney, the Municipal Court
Judge of the city shall issue a search and/or seizure
warrant describing therein the specific location subject
to the warrant. The warrant shall be served at reasonable
hours by the Director in the company of a uniformed
police officer of the City. In the event of an emergency
affecting public health and safety, or if the industrial
user consents, inspections shall be made without the
issuance of a warrant.
SECTION 5.20.460. Public Access to information.
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Information and discharge data provided to the City
by the discharger shall be available to the public
without restriction, except where there is a claim of
confidentiality by the discharger. All other information
which is submitted by the discharger to the city shall be
available to the public, at least to the extent provided
by 40 C.F.R. 2.302. with the exception of governmental
agencies, any person requesting this information from the
city shall be required, prior to receipt of the requested
information, to pay the reasonable costs of data
gathering, reproduction, and transmission incurred by the
city.
SECTION 5.20.470. Confidentiality.
Any information, with the exception of discharge
data as defined in 40 C.F.R. Section 403 et seq . ,
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 informationU 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 accordance
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with the procedure set forth in 40 C.F.R. Part 2 (Public
Information) .
SECTION 5.20.480. Pees and Charges.
(a) Purpose and Disposition. It is the purpose of
this Section to provide for the recovery 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 the City pursuant
to the provisions of this Section shall be deposited into
the Sewer Fund.
(b) Application Fee. An application for an
Industrial Wastewater Permit shall be accompanied by an
application fee. The application fee shall be in the
amount established and from tim.e to time amended by
resolution of the city council. No application shall be
processed until the initial fee has been duly paid and
received by the City.
(c) Inspection Fee. An inspection fee shall be
paid annually in advance by each permittee in possession
of a valid Industrial Wastewater Permit. The inspection
fee shall be in the amount established and from time to
time amended by resolution of the City Council.
(d) Industrial Waste Sewage strenqth Charge. An
Industrial Waste Sewage Strength Charge shall be paid as
required by Santa Monica Municipal Code Section 7.04.540.
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(e) Wastewater Sampling' and Analysis Pee. Each
permittee in possession of a valid Industrial Wastewater
Permit shall pay a fee for the sampling and analysis of
wastewater samples taken from the discharger. The fee
shall be in the amount established and from time to time
amended by resolution of the City Council. Monies
collected pursuant to this Section shall be deposi ted
into the Sewer Fund.
( f) Billing - COllection - Payment of Charges.
(1) Billing of annual fees shall be determined
by the Director.
SECTION 5.20.490. Publication of Users in
significant Noncompliance.
The Director shall publish annually, in the largest
daily newspaper published in the municipality where the
P.O.T.W. is located, a list of the users which, during
the previous twelve (12) months, were in significant
noncompliance with applicable pretreatment standards and
requirements. The term significant noncompliance shall
mean:
(a) Chronic violations of wastewater discharge
limits, defined here as those in which sixty-six percent
(66%) or more of wastewater measurements taken during a
six (6) month period exceed the daily maximum limit or
average limit for the same pollutant parameter by any
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amount.
(b) Technical Review Criteria (TRC) violations,
defined here as those in which thirty-three percent (33%)
or more of wastewater measurements taken for each
pollutant parameter during a six (6) month period equals
or exceeds the product of the daily maximum limit or the
average limit multiplied by applicable criteria (1.4 for
BOD, TSS, fats, oils and grease, and 1. 2 for all other
pollutants except pH).
( c) Any other discharge violation that the Director
believes has caused, alone or in combination with other
discharges, interference or pass through, including
endangering the health of P.O.T.W. personnel or the
general public.
(d) Any discharge of pollutants that has caused
imminent endangerment to the pUblic or to the
environment, or has resulted in the Director's exercise
of its emergency authority to halt or prevent such a
d~scharge.
(e) Failure to meet, within ninety (90) days of the
scheduled date, a compliance schedule milestone contained
in a wastewater discharge permit or enforcement order for
starting construction, completing construction, or
attaining final compliance.
( f) Failure to provide within thirty (30 ) days
after the due date, any required reports, including
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baseline monitoring reports, reports on compliance with
categorical pretreatment standard deadlines, periodic
self-monitoring reports, and reports on compliance with
compliance schedulesj
(g) Failure to accurately report noncompliance.
(h) Any other violation{s) which the Director
determines will adversely affect the operation or
implementation of the local pretreatment program.
SECTION 5.20.500. Notice of violation.
Whenever the Director finds that any industrial user
has violated or is violating this Chapter, a wastewater
permit or order issued hereunder, or any other
pretreatment requirement, the Director or his or her
agent may serve upon said user a written Notice of
violation. within ten (10) days of the receipt of this
notice, an explanation of the violation and a plan for
the satisfactory correction and prevention thereof, to
include specific required actions, shall be submitted to
the Director. Submission of this plan in no way relieves
the user of llability for any violations occurring before
or after receipt of the Notice of Violation. Nothing in
this Section shall limit the authority of the City to
take emergency action without first issuing a Notice of
violation.
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SECTION 5.20.510. Consent Orders.
The Director may enter into Consent Orders,
assurances of voluntary compliance or other similar
documents establishing an agreement with any user
responsible for noncompliance. Such documents will
include specific action to be taken by the user to
correct the noncompliance within a time period specified
by the document. such documents shall have the same force
and effect as the administrative orders issued pursuant
to Sections 5.20.520 and 5.20.510 of this Chapter and
shall be judicially enforceable.
SECTION 5.20.520. Show Cause Bearinq.
The Director may order a user which has violated, or
continues to violate, any provision of this Chapter, a
wastewater discharge permit or order issued hereunder, or
any other pretreatment standard or requirement, to appear
before the Director and show cause why the proposed
enforcement action should not be taken. Notice shall be
served on the user specifying the time and place for the
meeting, the proposed enforcement action, the reasons for
such action, and a request that the user show cause why
the proposed enforcement action should not be taken. The
notice of the meeting shall be served personally or by
registered or certified mail. Such notice may be served
on any authorized representative of the user. A show
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cause hearing shall not be a bar against, or prerequisite
for, taking any other action against the user.
SECTION 5.20.530. Compliance Orders.
When the Director finds that a user has violated, or
continues to violate, any provision of this Chapter, a
wastewater discharge permit or order issued hereunder, or
any other pretreatment standard or requirement, the
Director may issue an order to the user responsible for
the discharge directing that the user come into
compliance within a specified time. If the user does not
come into compliance within the time provided, sewer
service may be discontinued unless adequate treatment
facilities, devices, or other related appurtenances are
installed and properly operated. Compliance orders also
may contain other requirements to address the
noncompl1ance, including additional self-monitoring and
management practices designed to minimize the amount of
pollutants discharged to the sewer. A compliance order
may not extend the deadline for compliance established
for a pretreatment standard or requirement, nor does a
compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance
of a compliance order shall not be a bar against, or a
prerequisite for, taking any other action against the
user.
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SECTION 5.20.540. Cease and Desist Orders.
(a) When the Director finds that a user has
violated, or continues to violate, any provision of this
Chapter, a wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or
requirement, or finds that the user's past violations are
likely to recur, the Director may issue an order to the
user directing it to cease and desist all such violations
and directing the user to:
(1) Immediately comply with all requirements;
and
(2) Take such appropriate remedial or
preventative action as may be needed to properly address
a continuing or threatened violation, including halting
operations and/or terminating the discharge.
(b) Issuance of a cease and desist order shall not
be a bar against, or prerequisite for, taking any other
action against the user.
SECTION 5.20.550. Liability for costs of correction
Arising from Unlawful Discharge.
Whenever any discharger introduces or causes to be
introduced wastewater in violation of this Chapter, and
such discharge, either singly or by interaction with
other discharges, results in damage to or is otherwise
detrimental to or adversely affects the P.O.T.W. , the
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storm drain system, or any waters of the state, said
discharger shall be liable to the City for reasonable
costs necessary to correct tha t damage I detriment, or
adverse effect, including, but not limited to, labor,
material, inspection, transportation, overhead, and
incidental expenses associated with the corrective
action. The discharger shall additionally be liable to
the city for the reasonable costs of investigation by the
City arising from the unlawful discharge.
SECTION 5.20.560. Industrial wastewater Permit
suspension or Revocation Order.
(a) The Director may suspend or revoke an
Industrial Wastewater Permit upon a finding of:
(1) Failure to notify the City of significant
changes to the wastewater prior to the changed discharge.
(2) Falsifying self-monitoring reports.
(3) Tampering with monitoring equipment.
(4) Refusing to allow the city timely access
to the facility premises and records.
(5) Failure to meet effluent limitations.
(6) Failure to pay fines.
(7) Failure to pay sewer charges.
(8) Failure to meet compliance schedules.
(9) Failure to complete a wastewater survey.
(10) Failure to provide advance notice of the
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transfer of a permitted facility.
(11) Violation of any pretreatment standard or
requirement or any terms of the permit or this Chapter.
(12) Discharge presents an imminent hazard to
the public health, safety or welfare, or to the local
environment.
(b) Any discharger whose Industrial wastewater
Permit has been suspend or revoked shall immediately
cease and desist all discharge of any wastewater covered
by the permit. The Director may disconnect or permanently
block the discharger's connection if such action is
necessary to ensure compliance with the order of
suspension or revocation.
( c) In the event a violation of this Chapter does
not present an imminent hazard, the Director may serve
the discharger with a notice of intended suspension
order, stating the reasons therefor, the opportunity for
a hearing with respect thereto, and the proposed
effective date of the intended order.
(d) The Director shall reinstate the Industrial
Wastewater Permit upon proof of compliance which ends the
emergency nature of the hazard created by the discharge
that had been the cause for the Director to initiate the
suspension, provided that the Director is satisfied that
all discharge requirements shall be in full compliance
with this Chapter.
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(e) After revocation of a discharger's Industrial
Waste Permit, there shall be no further discharge of
industrial wastewater by that discharger into the
P.O.T.W. , the storm drain system, or the waters of the
state unless there has been a new application filed, all
fees and charges that would be required upon an initial
application and all delinquent fees, charges, penalties,
and other sums owed by the discharger and/or the
applicant to the city have been paid to the city, and a
new Industrial Wastewater Permit has been issued. Any
costs incurred by the City, including administrative
costs and investigative fees, in revoking the permit and
disconnecting the connection, if necessary, shall also be
paid for by the discharger before issuance of a new
Industrial Wastewater Permit.
(f) Any discharger whose Industrial Wastewater
Permit has been suspended or revoked, or who has been
served with a notice of an intended suspension or
revocation order, may appeal to a hearing examiner in
accordance with sections 6.16.010 et seq. of this Code.
SECTION 5.20.570. Disconnection of Non-Peraitted
violators.
(a) The Director may disconnect any connection to
the P.D.T.W. or storm drain system of any person who has
not been issued an Industrial Wastewater Permit when such
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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.,
the storm drain system, or waters of the state.
(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 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 sections
6.16.010 et seq. 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.
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SECTION 5.20.580. Additional Em..rq.ncy Rea.dial
Measures.
The Director shall have full power and authority to
take any necessary precautions including, but not limited
to, decontamination, sewer closure, packaging, diking,
and transportation of materials, in order to protect
life, protect property, or prevent further damage
resulting from a condition that is likely to result in a
discharge which presents an imminent hazard to the public
health, safety, or welfare; or which either singly, or by
interaction with other discharges, is an imminent hazard
to the p.a.T.W.; or which places the City of Los Angeles
in violation of its NPDES Permit. In the pursuit of such
an operation, city personnel, any party contracting with
the city, or duly authorized representative of another
government agency, shall have immediate access to the
premises. The Director may prohibit approach to the scene
of such emergency by any person, vehicle, vessel, or
thing, and all persons not actually employed in the
extinguishment of the condition or the preservation of
lives and property in the vicinity thereof.
SECTION 5.20.590. Injunctive Relief.
When the Director determines that a bus iness has
engaged in, is engaged in, or is about to engage in any
acts or practices which constitute or will constitute a
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violation of this Chapter or any regulation or order
promulgated thereunder, the Director shall report such
determination to the City Attorney, and the city Attorney
may make application to the Superior Court for an order
enjoining 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 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 5.20.600. Civil Liability.
Any business that violates this Chapter shall be
civilly liable to the City for each violation in the
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 5.20.610. Criminal Prosecution.
A user who willfully or negligently violates any
provision of this Chapter, a wastewater discharge permit,
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or order issued hereunder, or any other pretreatment
standard or requirement shall, upon "Conviction, be guilty
of a misdemeanor, punishable by a fine of not more than
Five Hundred Dollars ($500.00) per violation, per day, or
imprisonment for not more than 6 months, or both.
SECTION 5.20.620. Water Supply Severance.
Whenever a user has violated or continues to violate
any provision of this Chapter, a wastewater discharge
permit, or order issued hereunder, or any other
pretreatment standard or requirement, water service to
the user may be severed. Service will only recommence, at
the user's expense, after it has satisfactorily
demonstrated its ability to comply.
SECTION 2. Former Municipal Code Chapter 5.20 and Municipal
Code Section 7.04.603 are hereby repealed in their entirety.
SECTION 3. 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, is
hereby repealed or modified to that extent necessary to affect the
provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
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unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the 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
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5. 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. effective 30 days from its adoption.
APPROVED AS TO FORM:
/1v~4fl~~ )~~f
MARSHA JONaS MOUTRIE
. v
Clty Attorney
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Mayor
State of CalifornIa )
County of Los Angeles) ss
CIty of Santa MOllIca )
I. Mana M Stewart, CIty Clerk of the CIty of Santa MOnIca, do hereby certify that the foregomg
Ordmance No 1825 (CCS) had Its first readmg on October 17 1995 and had Its second readmg
on November 7. 1995 and was passed by the followmg vote
Aves Council members Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstem
Noes CouncIl members None
Abstam CouncIl members None
A.bsent CouncIl members None
ATTEST
~~ ~a.J-
CIty Clerk