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O2461City Council Meeting: July 8, 2014 Santa Monica, California ORDINANCE NUMBER 2461 (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 UPDATING INDUSTRIAL WASTEWATER CONTROL REGULATIONS WHEREAS, the City consists of just eight square miles of coastal land which is home to 90,000 residents, the job site of 300,000 workers, and a destination for as many as 500,000 visitors on weekends and holidays; and WHEREAS, the City is committed to protecting the health and safety of the public by ensuring that the wastewater collection systems and treatment plants are not unduly impacted by discharges from industrial and commercial users; and WHEREAS, untreated waste generated by industrial and commercial users can present a danger not only to humans and the environment, but to wastewater treatment facilities as well: and WHEREAS, Federal law, including the Federal Clean Water Act, requires the implementation of pretreatment programs, which regulates industrial and commercial facilities' discharge of wastewater to publicly owned treatment works; and WHEREAS, Federal law authorizes local governments to issue industrial waste discharge permits, provided that the participating local governments adopt an industrial 1 pretreatment program which complies with minimum federal standards; and WHEREAS, the City has been a participating local government for many decades; and WHEREAS, the City's industrial pretreatment program sets forth standards for industrial and commercial waste discharge, authorizing appropriate monitoring of the waste water discharged by industrial and commercial users, and creates enforcement mechanisms to achieve compliance with federal, state and local laws; and WHEREAS, because the City contracts with the City of Los Angeles for sewage treatment and disposal services, the City must adopt an industrial pretreatment program that is at least as stringent as the program adopted by the City of Los Angeles; and WHEREAS, recently changes in Federal laws and associated Environment Protection Agency regulations necessitate that the City update its industrial pretreatment program regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.20 of the Santa Monica Municipal Code is hereby amended to read as follows: Chapter 5.20 INDUSTRIAL WASTEWATER CONTROL 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.O.T.W.) 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 stormwater. 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 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.O.T.W. inadequately treated, into receiving waters, land, or the atmosphere, or otherwise be incompatible with the P.O.T.W.; (3) Prevent any discharge which may interfere with the operation of the storm drain system or pollute the waters of the State; (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 in this Chapter, associated with the discharge of wastewater to the P.O.T.W., the storm drain system and waters of the State; '47 (7) Protect the life, health and safety of 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. 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 USC 1251 et seq. 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, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having authority to make major capital investment recommendations, initiate and direct comprehensive measures to assure long -term environmental compliance with environmental laws and regulations, and assure that necessary systems are established to comply with industrial wastewater discharge permit requirements. (2) If the industrial user is a partnership, association or sole proprietorship, an authorized representative shall mean a general partner or the proprietor. 12 (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 subsections 1 through 3 of this definition 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.O.T.W., storm drain system or waters of the State during a twenty- four -hour period. Best Management Practices (BMPs). Practices or physical devices or systems activities, prohibitions of practices, maintenance procedures, pollution prevention techniques, and other management practices designed to prevent or reduce pollutants in discharges. BMPs include, but are not limited to, treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter in (5) five days at twenty degrees Centigrade expressed in terms of milligrams per liter (mg /1) and analyzed in accordance with 40 CFR 136, as amended. Biohazardous Waste. Laboratory waste of human or animal specimen cultures from medical and pathology laboratories; or cultures and stocks of infectious agents from 5 medical, research or, industrial laboratories; or wastes from the production of bacteria, viruses, spores, and discarded vaccines; or human surgery specimens or tissues which may contain infectious agents; or animal parts, tissues, fluids, or carcasses which may contain infectious agents, waste blood products, waste containing materials contaminated liquid waste from humans or animals that may be infectious, and human surgery specimens or tissues with fixatives or contaminated with chemotherapeutic agents including but not limited to gloves, disposable gowns, towels, intravenous solution bags and attached tubing when empty. Blood. Human or animal blood, human or animal blood components and or products made from human or animal blood. Blood -borne Pathogens. Pathogenic micro - organisms that are present in human or animal blood and can cause disease in humans. Building Sewer. A sewer conveying wastewater from the premises of a user to the P.O.T.W. system. Bypass. The intentional diversion of wastestreams from any portion of a discharger's process or treatment facility. Categorical Pretreatment Standards or Categorical Standards. National Categorical Pretreatment Standards, Pretreatment Standards or any other regulation containing pollutant discharge limits promulgated by the United States Environmental Protection Agency. City. The City of Santa Monica or its duly authorized representatives. R Clean Water Act. (aka the Act or CWA) The federal Water Pollution Control Act, enacted in 1972, by Public Law 92 -500, and as amended by the Water Quality Act of 1987. Color. The optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density. Commercial Establishment. A private establishment such as a restaurant, hotel, laundry, store, filing station, recreational facility, or a nonprofit private or government entity such as a church, school, hospital, military facility, correctional institution or a facility owned and operated by a charitable organization. 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 rights -of -way or real property necessary for the performance and completion of the work referred to wherever authority is given to the City for any construction under the provisions of this Chapter. Cooling Water. The water discharged from any use including, but not limited to, air- conditioning, cooling or refrigeration, during which the only pollutant added is heat. Direct Discharge. The discharge of wastewater to the storm drain system or the waters of the State. Director. The Director of the Public Works Department of the City of Santa Monica or the duly authorized representative thereof. 7 Discharge. Unless otherwise specific in a permit, the introduction of any pollutant 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 United States Environmental Protection Agency, its Administrator, or its duly authorized representative. 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 the Act. Food Service Establishment. A facility engaged in preparing food for consumption by the public such as, but not limited to, a restaurant, bakery, commercial kitchen, caterer, hotel, school, hospital, correctional facility or care institution. 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. Gravity Grease Interceptor (GGI). Unless otherwise approved by the Director, an approved device with a minimum volume of 300 gallons that is specifically designed to separate, trap, and hold non - petroleum fats, oil and grease (FOG) from an industrial wastewater discharge, and which, unless otherwise approved by the City, shall be remotely located from where food is handled, and is identified by the following: volume, a minimum retention time of 30 minutes, baff le(s), a minimum of two compartments, and gravity separation. r� Graywater. A wastewater discharge that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Graywater includes, but is not limited to, wastewater from domestic bathtubs, showers, bathroom washbasins, clothes washing machines and laundry tubs, but does not include wastewater from toilets, kitchen sinks or dishwashers. Grease Interceptor. See Gravity Grease Interceptor. Grease Trap. See Hydromechanical Grease Interceptor. 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, chemical 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. Hydromechanical Grease Interceptor (HGI). An approved device that is installed in an industrial drainage system to separate, trap, and hold non - petroleum fats, oil and grease (FOG) from a wastewater discharge and is identified by flow rate, retention time and separation efficiency. HGI design incorporates, in combination or separately, air entrainment, hydromechanical separation, interior baffling, internal barriers, and sample 76 Indirect Discharge. The discharge of wastewater into the P.O.T.W. 0 Industrial User or Discharger or User or Permitee. Any person which is the source of a non - domestic discharge to the P.O.T.W. system, the storm drain or waters of the State and is subject to an Industrial Wastewater Permit. 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 from the development, recovery or processing of any material resource which will enter the P.O.T.W. Industrial Waste Sewer Connection. Any house connection sewer, or portion thereof, used in the disposal of any and all liquid or waterborne waste from industrial or commercial processes except domestic sewage. 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. Interceptor Sewer. A collecting sewer that intercepts and collects the sewage from a number of lateral or local pubic sewers. Interference. The inhibition or disruption of the P.O.T.W. process or operations, or any action or omission which may contribute to a violation of any requirement of the 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 10 includes prevention of sewage sludge use or disposal by the P.O.T.W. in accordance with Section 405 of the Act or any violation of criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substance Control Act, the Marine Protection, Research and Sanctuaries Act, or violation of more stringent State criteria (including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the P.O.T.W. Lot. As defined in Chapter 9.20 of Article IX of this Code. Medical Waste. Medical Waste shall have the same meaning as defined by California Health and Safety Code Section 117690. Medical waste is: (1) biohazardous waste; or (2) sharps waste; or (3) trauma scene waste; or (4) waste which contains material that is generated or produced as a result of any of the following actions: (A) Diagnosis, treatment, or immunization of human beings or animals. (B) Research pertaining to the activities specified in subparagraph (A). (C) The production or testing of biologicals. Biologicals means medicinal preparations made from living organisms and their products, including, but not limited to, serums, vaccines, antigens, and anti - toxins. waste. (D) The accumulation of properly contained home - generated sharps (E) Removal of a blood or infectious materials from a trauma scene. 11 National Categorical Pretreatment Standard (National Standards, NCPS). Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act. National Pollutant Discharge Elimination System Permit ( NPDES Permit). A permit issued pursuant to Section 402 of the Act. 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 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 graywater (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 to the P.O.T.W. into waters of the State in quantities or concentrations which, alone or in conjunction with discharge(s) from other source(s), is a cause of a violation of any requirement of the P.O.T.W.'s NPDES permit (including an increase in the magnitude or duration of a violation). 12 Peak Flow. The maximum five minute rate of wastewater flow to be generated from the premises as estimated by the Director. Person. Any individual, partnership, co- partnership, firm, company, corporation, association, joint stock company, trust estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all Federal, State or local governmental entities. pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in gram equivalents per liter of solution. Pharmaceutical Waste. A prescription or over - the - counter human or veterinary drug or process waste from the testing, formulating or manufacturing of human or veterinary pharmaceutical drugs. Pigment. A substance that imparts black or white or a color to other materials. Point of Discharge. Any physical location at which a discharger, directly or indirectly, disposes wastewater. The term point of discharge also includes, but is not limited to, disposal to ponds, injection wells, leach fields or surface spreading. Pollutant. Any liquid, gas, vapor, 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. Pollution Prevention (132), Source Reduction. Pollution prevention means "source reduction," as defined under the Pollution Prevention Act (42 U.S.C. § 13101 et seq.), and other practices that reduce or eliminate the creation of pollutants through increased efficiency in the use of raw materials, energy, water, or other resources, or protection of IN natural resources by conservation, thus lessening the hazards to public health and the environment. 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 processes, or process changes by other means, except as prohibited by 40 Code of Federal Regulations (CFR) 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 (PSDS). Any system such as a septic tank, cesspool, seepage pit, leach field or any other receptacle, or any combination thereof, which receives any wastewater not discharged to a public sewer.. 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 Chapter. 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 m 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. Public Sewer. Any sewer, other than a house connection sewer, which has been constructed in a public street, alley, walk or other public place, or in a sewer easement, and is part of the P.O.T.W. Receiving Waters. Waters of the State, as defined in this Section. Residential Users. Persons only contributing domestic sewage wastewater to the municipal wastewater 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. Significant Change. Alterations to the discharger's operation, process, pretreatment systems, or production, or alterations to the nature, quality, or volume of the dischargers wastewater that affect, or have the potential to affect, pretreatment standards or requirements since the issuance of the subject Industrial Wastewater Permit. Significant Industrial User. Industrial users subject to categorical pretreatment standards and any other industrial user that: (a) discharges an average of twenty -five thousand (25,000) gallons per day or more of process wastewater, (b) contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the treatment plant or, (c) is designated as significant by 15 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. Slug Discharge (Slug Load, Uncontrolled Discharge). Any discharge of a non- routine, episodic nature, including but not limited to an accidental spill or a non - customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the P.O.T.W.'s regulations, local limits or permit conditions. 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 rainwater or surface water. Special House Connection Sewer. Any house connection sewer from a lot, or part of a lot, which does not have a public sewer directly in front, rear, or at the side of such lot, or part of such lot, and which has not been directly assessed for a public sewer. Standard Industrial Classification (SIC). Classification pursuant to the Standard 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, 16 channels and watercourses, together with appurtenances, pumping stations and equipment. Stormwater. Any discharge, drainage or runoff occurring as a result of natural precipitation including snowmelts. Suspended Solids (SS). The total nonfilterable residue in water, wastewater, or other liquids, which is removable in accordance with the most recent publication of Standard Methods for the Examination of Water and Wastewater, prepared and published by the American Public Health Association, American Waterworks Association, and the Water Pollution Control Federation.. Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of EPA under the provisions of Section 307 of the Act, the City's Toxic Chemical Disclosure Ordinance, or other Federal or State statutes, rules or regulations. Treatment Plant. That portion of the P.O.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 Discharge. 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. 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. do Wastewater. The liquid and waterborne industrial or domestic wastes from facilities including, but not limited to, dwellings, commercial buildings, industrial facilities, agricultural activities, hospitals, medical facilities, and other institutions, together with other wastes which may be present, whether treated or untreated, which enter the P.O.T.W., the storm drain system or the waters of the State. Waters of the State. All saline waters, streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State of California or any portion thereof. 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: BMR Baseline Monitoring Report. BOD. Biochemical oxygen demand. CFR. Code of Federal Regulations. COD. Chemical oxygen demand. CWA. Clean Water Act EPA. Environmental Protection Agency. GGI. Gravity Grease Interceptor gpd. Gallons per day. LC50. Lethal concentration for fifty percent of the test organisms. W. I. 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 USC 6901 et seq. TSS. Total suspended solids. UBC. United States Code. (Added by Ord. No. 1825CCS § 1 (part), adopted 11/7/95) 5.20.040 Prohibited discharge standards. (a) 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 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 P.O.T.W., storm drain system or waters of the State: (1) Gasoline, mercury, total identifiable chlorinated hydrocarbons, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, IN chlorates, perchlorates, bromates, carbides, hydrides, plastic or rubber pellets, petrochemical or carbon -based solvents, pesticides or jet fuel; (2) 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 P.O.T.W. or storm drain system.; (3) Any solid or viscous substances in amounts which could cause interference with the flow or operation of the P.O.T.W. or the storm drain system; (4) 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; (5) 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; (6) 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.O.T.W. process, or constitute a hazard to human, animal, plant or fish life, or to exceed any limitation set forth in this Section; (7) Any bypass or non - routine discharge or noxious or malodorous liquids, gases, vapors, 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.O.T.W. or the storm drain system; (8) Any substance which may cause the P.O.T.W. treatment plant effluent or any other residues, sludges or scums, to be unsuitable for reclamation and reuse or to 20 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; (9) Any substance which will cause the P.O.T.W. to violate its NPDES permit, or applicable Federal or State statutes, rules or regulations; (10) 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. effluent, and which creates a visual contrast with material appearance of the P.O.T.W. discharge observable at the point of P.O.T.W. discharge; (11) Any wastewater having a temperature greater than one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Centigrade), or which will inhibit biological activity in the P.O.T.W. treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the P.O.T.W. treatment plant to exceed one hundred four (104) degrees Fahrenheit (forty (40) degrees Centigrade). In no event shall any wastewater having a temperature in excess of thirty -seven and eight- tenths degrees Centigrade (one hundred degrees Fahrenheit) be discharged to the storm drain system or to waters of the State; 21 (12) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the Director in compliance with applicable State or Federal regulations; (13) 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; (14) Any transported pollutants including but not limited to, those transported by commercial vehicles, or private recreational vehicles, except at discharge points designated by the City in accordance with Section 5.20.170; (15) Stormwater, surface water, groundwater, artesian well water, roof runoff and subsurface drainage collected and discharged to the P.O.T.W., unless specifically authorized by the Director; (16) Any industrial wastes containing floatable fats, waxes, grease or oils, or which become floatable at the wastewater temperature at the introduction to the P.O.T.W. treatment plant; (17) Petroleum oil or Nonbiodegradable cutting oils, commonly called soluble oils, which form a persistent water emulsion, and nonbiodegradable complex carbon compounds; (18) Any sludges, screenings, or other residues from the pretreatment of industrial wastes; (19) Any pharmaceutical wastes, any recognizable portions of human or animal anatomy, any medical wastes or sharps, and any human or animal blood known to contain blood -borne pathogen(s); 22 (20) Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes in amounts that could interfere with the P.O.T.W. or storm drain system; (21) Any material identified as hazardous waste according to 40 CFR Part 261 except as may be specifically authorized by the Director; (22) Any wastewater causing the P.O.T.W. treatment plant effluent to show a lethal concentration of fifty percent (LC50) as determined by a toxicity test of ninety -six hours or less, using a percentage of the discharge and aquatic test species chosen by the Director; (23) Recognizable portions of the human or animal anatomy; (24) Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the P.O.T.W. or storm drain system. (b) 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 P.O.T.W. system. 5.20.050 Specific pollutant limitations. (a) No person shall discharge the following to the P.O.T.W.: (1) Wastewater that exceeds the following limitations: Arsenic 3.0 mg /I Cadmium 15.0 mg /I Copper 15.0 mg /I 23 Cyanide (total) 10.0 mg /I Cyanide (free) 2.0 mg /I Dissolved sulfides 0.1 mg /I Lead 5.0 mg /I Nickel 12.0 mg /I pH range 5.5 -11 Silver 5.0 mg /I Total chromium 10.0 mg /l Zinc 25.0 mg /I Dispersed oil and grease (Total) 600.0 mg /I Floatable oil and grease None visible Concentrations apply at the point where the industrial waste is discharged to the P.O.T.W. . The above limitations shall not apply where more restrictive limitations are imposed by permit or National Categorical Pretreatment Standards. The Director may require a Discharger to implement BMPs to achieve the pollutant limitations or other requirements set forth in this Section. (2) Radioactive Waste. Radioactive wastes are prohibited, except in accordance with the State of California Administrative Code, Title 17, Public Health, Regulations of the Bureau of Radiological Health. (3) Medical Wastes. Medical waste is prohibited. The material shall be segregated from other solid wastes and shall be contained in plastic bags or other suitable disposable containers which shall be colored red for identification. Container and 24 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.; (4) Commercial Food Wastes. Commercial garbage, food market wastes or food plant wastes are prohibited. (5) Sharps. Sharps are prohibited. (6) Grinder Waste. Grinder waste is prohibited. (b) Dilution. No person shall use any water to dilute any pollutant to achieve compliance with the discharge limitations contained in this Section. (c) National Categorical Pretreatment Standards (NCPS). Upon the promulgation of mandatory NCPS for any industrial category, the NCPS, if more restrictive than limitations otherwise implemented under this Chapter, shall apply. A discharger shall comply with applicable NCPS as set forth in 40 CFR Part 401 et seq. The Director may impose a phased compliance schedule to ensure the affected industries or users meet the NCPS. 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 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. 25 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, 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 responsibility of modifying the facility as necessary to produce a discharge acceptable to the City under the provisions of this Chapter. 5.20.080 Additional pretreatment measures. (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 one hundred thousand (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 26 ensure equalization of flow over a twenty- four -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 the Director. A wastewater permit may be issued solely for flow equalization. (c) Pretreatment Devices. (1) 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 a 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 subsection (c)(1) of this Section. (3) Any person discharging industrial wastewater from an underground parking structure or parking lot may be required, by the Director, to install BMPs or any other devices deemed necessary in order to pretreat the septic component of the wastestream. The type, size, placement and connection of the device may be specified by the Director, consistent with the regulations developed pursuant to subsection (c)(1) of this Section. 10% (4) Any person discharging industrial wastewater from a restaurant, catering, or other commercial kitchen facility may be required, by the Director, to install a gravity grease interceptor with a static holding capacity equal to a thirty- 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 subsection (c)(1) of this Section. (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 limited to: (A) Clarifiers for organic pollutants such as inks and dyes, or acids such as etchants; (B) Desilvering devices for photo developing wastestreams containing greater than five (5) mg /I 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 subsection (c)(1) of this Section. 5.20.090 Spill prevention plans. 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 3:3 ninety 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. A spill prevention and control plan shall include the minimum following components: 1. Description of discharge practices, including possible slug or batch discharges; 2. Description of stored chemicals; 3. Procedures for immediate notification of the Director of any spill or slug discharge; and 4. Procedures to prevent adverse impact from any accidental discharge. Such procedures to include, but are not limited to, inspection and maintenance of storage areas, material handling areas, loading and unloading operations, control of site runoff, worker training, building of containment structures or equipment, source reduction practices, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. It will be the responsibility of the Permitee to review and revise the spill prevention and control plan as necessary. Copies of all revised plans shall be provided by the facility to the Director for review within thirty (30) days of making any such revisions. 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. Wee 5.20.110 Requirements for restaurants and other commercial cooking facilities. All food service establishments must conduct operations in a manner which avoids causing grease blockages to the City sewer. All food service establishments 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. Food service establishments are prohibited from installing food waste disposal units which discharge to the City sewer system. Food service establishments 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. Food service establishments may be required to implement best management practices to eliminate excessive grease discharges or other violations, as designated by the Director. If a food service establishment can demonstrate that the installation of a gravity grease interceptor is not necessary or feasible due to space, nature of operations or other considerations, the Director may issue a variance from gravity grease interceptor requirements and authorize the installation of alternative grease removal devices. Alternative grease removal devices include, but are not limited to, HGI or other devices designed to trap, separate and hold grease from wastewater and prevent it from being discharged to the P.O.T.W. All alternative grease removal devices must be approved by the Director in advance of installation. 5.20.120 Tenant responsibility. Me Any person who shall occupy the industrial user's 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. 5.20.130 Separation of domestic and industrial wastestreams. All new domestic wastewater sources from restrooms, 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. 5.20.140 Rules and regulations. The Director shall adopt rules and regulations consistent with this Chapter to effectuate its purpose and intent. 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. or storm drain system. 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. 31 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 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. 32 5.20.180 Application. In order to be considered for a wastewater permit, all industrial users required to have a permit must 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 sub - processes 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 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; 33 (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 5.20.50 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 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 commencement 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 34 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); (o) Number of employees, hours of operation of plant and hours of operation of the proposed 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 -hour telephone number and email address; (r) Any other information deemed by the Director to be necessary to evaluate the permit application. 5.20.190 Certification statement for permit applications and reports. (a) All permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user: 35 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 the information, 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." (b) Upon an approval of a monitoring waiver and revision of the discharger's control mechanism by the Director, the following statement must accompany each periodic compliance report with the statement: "Based on my inquiry of the person or persons directly responsible for managing compliance with Pretreatment Standard part(s), I certify that, to the best of my knowledge and belief, there has been no increase in the level of pollutants(list pollutant(s))in the wastewater due to the activities at the facility since filing of the last periodic compliance report." 5.20.200 Approval of application. (a) After evaluation and acceptance of the data furnished, the Director may issue an industrial wastewater permit subject to terms and conditions imposed by the Director pursuant to this Chapter. Granting of the permit shall not relieve the discharger from the responsibility for compliance with all provisions of this Chapter. (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. 36 (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. 5.20.210 Exemptions. An industrial wastewater permit is not required for the following dischargers or discharges to the P.O.T.W. not subject to NCPS: (a) Lots consisting of residential units not required to file toxic chemical disclosure forms under Chapter 5.16 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. This exemption does not apply to PSDS. 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 works; 37 (4) Development and implementation of spill control plans or other special conditions including BMPs necessary to adequately prevent accidental, unanticipated or routine discharges; (5) Development and implementation of waste minimization plans or pollution prevention techniques designed 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, upgrade existing pretreatment systems and /or install additional pretreatment systems, and the implementation of appropriate BMPs; (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 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; (12) Requirements for maintaining and retaining plant records relating to wastewater discharge and affording the Director, or his representatives, access thereto; N9 (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, additional BMPs based on applicable pretreatment standards, or pollution prevention techniques as deemed appropriate by the Director to ensure compliance with this Chapter, and State and Federal laws, rules and regulations. (b) The Director may modify the permit for good cause including, but not limited to, the following: (1) To incorporate any new 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; 39 (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. (10) To modify reporting and compliance schedules or permit durations. 5.20.230 Wastewater permit reissuance. A significant industrial user (SIU) shall apply for permit reissue by submitting a complete permit application in accordance with Section 5.20.180, a minimum of ninety (90) days prior to the expiration of the user's existing permit. 5.20.240 Compliance. 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. 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. t (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; (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 industrial user permit issuance, inspection and sampling, 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. (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. 41 5.20.260 Requirements for flood 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 which industrial wastewater is discharged shall be sealed. Effluent shall be pretreated, if determined to be necessary by the Director, and redirected to a sewer connection. 5.20.270 Change of ownership, Authorized Representative or location. (a) 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 upon application for a new industrial wastewater 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. (b) Each industrial user shall promptly inform the Director, in writing, of any change of its authorized representative. Any such change shall be submitted to the Director prior to, or together with, any reports to be signed by an authorized representative. 42 5.20.280 Change 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, may require that a new application be filed and new permit obtained before any wastewater discharge involving the changed characteristics takes place. 5.20.290 Baseline monitoring reports. (a) Within one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or one hundred eighty (180) days after the final administrative 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 required to submit to the City a baseline monitoring report (BMR) which contains the information listed in subsection (b) of this Section. 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 subsection (b) of this Section. 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: 43 (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 the regulated processes. (4) Flow Measurement. The 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 composite sampling is infeasible, samples may be obtained through time proportional sampling techniques or through four 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 5.20.220 of this Chapter. (8) All BMRs must be signed and certified in accordance with Section 5.20.190. 5.20.300 Compliance deadline reports. Within ninety 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 45 report containing the information described in Section 5.20.290. 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 5.20.190. 5.20.310 Periodic compliance reports. (a) Any significant industrial user (SIU) 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 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 5.20.190. (b) Compliance reports submitted by Industrial Users that are subject to NCPS shall contain, at a minimum, the information required by 40 CFR 403.12(e)(1)). Industrial Users subject to NCPS shall submit compliance schedule progress reports, NCPS deadline compliance reports, and BMRs in accordance with General Pretreatment Regulations for existing and new sources of Pollution (Title 40, Code of Federal Regulations, Part 403.12). ►,, (c) SIUs subject to BMP based CPS, or other BMP based pollution prevention alternative or local limit shall submit documentation on a semiannual basis to the Director in order to determine compliance status of the SIU. (d) 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. (e) An Industrial User subject to the reporting requirements in this section, including reports associated with BMPs shall be required to retain records for three ( 3) years related to monitoring activities and analytical results and shall make such records available inspection and copying by the Director. This retention period of three (3) years may be extended during the course of any unresolved litigation regarding the Industrial User. 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 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 5.20.170 or modify an existing wastewater permit under Section 5.20.220. 47 (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 or greater and the discharge of any previously unreported pollutants shall be deemed significant. 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 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 the ordinance codified in this Chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. (c) In the case of any changes at the facility affecting the potential for a 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 Director of the change. 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 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) 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 subsection (c) of this Section. 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. (g) At least every two (2) years the Director shall evaluate whether each significant industrial user needs a slug control plan as required in 40 CFR 4032.8(F)(2)(V). The user may be required to develop, submit for approval and implement such a plan. (h) The Director may require any discharger to develop and submit for approval a facility specific slug control discharge plan, or take such other action that may be necessary to control slug discharges. Alternatively, the Director may develop such a we plan for the discharger, with all such associated costs being the sole responsibility of the discharger. If required, the plan will be due pursuant to a schedule determined by the Director. A slug control plan shall contain, at a minimum, the following: (1) Description of discharge practices, including non - routine batch discharges; (2) Description of stored chemicals; (3) Procedures for immediate notification of the Director in the event of a slug discharge and; (4) Procedures for preventing adverse impacts to the storm drain system or P.O.T.W. from any accidental or slug discharge. Such procedures should include, but are not limited to, inspection and maintenance of hazardous materials storage areas, handling and transfer of materials, loading and unloading operations, control of facility site runoff, worker training, emergency response plan development, building secondary containment structures, source reduction practices, and measures to contain toxic organic pollutants, including solvents. (i) Notice of Bypass. If an industrial user knows in advance that there will be a need for a bypass, a written notice shall, unless otherwise specified in the subject permit, be submitted to the Director at least ten (10) days before the date of the bypass. A discharger shall submit oral notice to the Director of an unexpected bypass event within twenty four (24) hours from the time the industrial user becomes aware of the bypass and indicate whether pretreatment standards were violated. A follow -up written notice, unless otherwise specified in the subject permit, shall be provided to the Director within five (5) days from the time the industrial user is aware of the bypass. The written notice must contain a description of the bypass, including exact dates and times, whether 1*111 pretreatment standards were violated, when the bypass will be corrected and procedures taken to prevent another such bypass from occurring in the future. 0) Prohibition of Bypass. A bypass is prohibited unless: (1) The bypass necessary and unavoidable, in order to prevent loss of life, injury to persons, or severe property damage; (2) There was no feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, and all adequate back -up equipment was installed to prevent a bypass during normal periods of equipment downtime; and (3) The industrial user submitted notice as required under paragraph (i) of this section. (k) The Director may approve a bypass, after considering the adverse impacts, if the Director determines that the bypass meets the three conditions listed in paragraph (J)- 5.20.340 Reports from noncategorical 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. 5.20.350 Timing. 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. 5.20.360 Report following adoption of new City- Specific Pollutant Limitations. Within one hundred eighty (180) days after promulgation of a new City- Specific Pollutant Limitation and notification thereof by the Director to specific dischargers 51 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; (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 for the applicable limitation. 52 (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 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. 5.20.370 Monitoring and sampling. (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 53 (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) If sampling conducted by the discharger indicates a violation, the discharger must notify the Director by telephone or e -mail within twenty -four (24) hours becoming aware of the violation. The discharger must complete a repeat sampling event and submit the written analytical report within thirty (30) days of becoming aware of the violation, unless otherwise specified in the subject permit. Where the Director has performed the sampling and analysis instead of the discharger, the Director must complete the repeat sampling and analysis unless the discharger is notified of the violation and required by the Director to complete these activities. Re- sampling at the discharger's facility is not required if the Director performs this sampling at least once per month or performs sampling between the initial sampling time period and the time the Director receives the sampling analytical results. (c) Each discharger shall submit to the Director, certified under penalty of perjury by the discharger, its monitoring and sampling reports or other requested data. (d) Samples must be taken during the required monitoring period and shall be representative of the conditions occurring during this monitoring period. 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 sampling equipment approved by the Director. (e) 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 CFR, 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. (f) If the industrial user is a SIU then the discharger shall follow all sampling requirements set forth in 40 CFR Section 403.12(g). (g) The Director may allow an industrial user subject to CPS to forego sampling of a CPS if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present at background levels similar to the incoming water with no additional pollutants added by the discharger due to facility processes. 5.20.380 Additional reporting. The Director may impose additional reporting requirements by permit condition or otherwise. 5.20.390 Sample collection. (a) Except as indicated in subsection (b) of this Section, 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. 55 (b) Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides and volatile organic chemicals must be obtained using grab collection techniques. 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. 5.20.410 Monitoring charges. The Director may recover the City's expenses incurred in collecting and analyzing samples of the industrial user's discharge by adding the costs to the industrial user's sewer charges. 5.20.420 Falsifying information. 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 any monitoring device required under this Section. 5.20.430 Inspection and sampling. (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 -T.. 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 the property. (b) Notwithstanding subsection (a) of this Section, 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. 57 (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, 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 authorized duties. 5.20.440 Monitoring 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 monitoring facilities shall be situated on the discharger's premises and in said event the Director shall be granted 60 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. 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. 5.20.460 Public access to information. Information and discharge data provided to the City by the discharger shall be available to the public consistent with the California Public Records Act. 5.20.470 Confidentiality. Any information, with the exception of discharge data as defined in 40 CFR 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 information" on each page containing such information, or by other means. However, if no claim is asserted at the time of submission, the City 59 may make the information available to the public without further notice. If such a claim is asserted, the information will be treated in accordance with the California Public Records Act. 5.20.480 Fees 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 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 time 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) Permit and Inspection Fee. A permit and inspection fee shall be paid annually in advance by each permittee in possession of a valid industrial wastewater permit. The permit and inspection fee shall be in the amount established and from time to time amended by resolution of the City Council. (d) Industrial Waste Sewage Strength Charge. An industrial waste sewage strength charge shall be paid as required by Santa Monica Municipal Code Section 7.04.540. (e) Wastewater Sampling and Analysis Fee. 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. 1.191 (f) Billing — Collection— Payment of Charges. (1) Billing of annual fees shall be determined by the Director. 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 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 or more of wastewater measurements taken during a six -month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; (b) Technical Review Criteria (TRC) violations, defined here as those in which thirty -three percent or more of wastewater measurements taken for each pollutant parameter during a six -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 discharge; 61 (e) Failure to meet, within ninety 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 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self- monitoring reports and reports on compliance with compliance schedules; (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. 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 (NOV). 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 liability 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. 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 row 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 5.20.530 and 5.20.540 of this Chapter and shall be judicially enforceable. 5.20.520 Show cause hearing. 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 cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. 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 11 .91 other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, 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. 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. 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 M discharges, results in damage to or is otherwise detrimental to or adversely affects the P.O.T.W., the storm drain system, or any waters of the State, said discharger shall be liable to the City for reasonable costs necessary to correct that damage, 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. 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 transfer of a permitted facility; (11) Violation of any pretreatment standard or requirement or any terms of the permit or this Chapter; 65 (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 suspended 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. (e) After revocation of a discharger's industrial wastewater 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. 5.20.570 Disconnection of nonpermitted violators. (a) The Director may disconnect any connection to the P.O.T.W. or storm drain system of any person who has not been issued an industrial wastewater permit when such disconnection is necessary in order to stop a discharge which is in violation of this Chapter, or which presents an imminent hazard to the public health, safety, welfare or local environment, or which either singly or by interaction with other discharges, is an imminent hazard to the P.O.T.W., the storm drain system or the waters of the State, or which places the City of Los Angeles in violation of its NPDES permit. Any discharger notified of a disconnection shall immediately cease and desist the discharge of all industrial wastewater to the P.O.T.W., 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. 67 (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. 5.20.580 Additional emergency remedial 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.O.T.W., storm drain system or waters of the State; 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. 5.20.590 Injunctive relief. When the Director determines that a business has engaged in, is engaged in, or is about to engage in any acts or practices which constitute or will constitute a violation of .: this Chapter or any regulation or order promulgated thereunder, the Director shall report such 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. 5.20.600 Civil liability. Any person that violates this Chapter shall be civilly liable to the City for each violation in the amount of not more than five thousand dollars ($5,000) and not less than one thousand dollars ($1,000) for each day in which the violation occurs. If the violation results in, or significantly contributes to, an emergency, the person shall also be assessed the full cost of the emergency response, cost of repairs to public facilities, and cost of cleaning up and disposing of any hazardous materials. 5.20.610 Criminal prosecution. Any person who violates any provision of this Chapter, any applicable wastewater discharge permit condition, or order issued pursuant to this Chapter, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor. Violation of any provision of this Chapter shall be considered strict liability; accordingly, the prosecution shall not be required to prove criminal intent or that the violator meant to violate any provision of this Chapter. .• A first violation of any provision of this Chapter shall be punishable, upon conviction, by a fine of not more than five hundred dollars ($500) but not less than three - hundred dollars ($300) per violation, per day, or imprisonment in a county jail for not more than six months but not less than thirty (30) days, or by both such fine and imprisonment. A second or subsequent violation of any provision of this Chapter shall be punishable, upon conviction, by a fine of not more than five hundred dollars ($500) but not less than three - hundred dollars ($300) per violation, per day, and imprisonment for not more than six months but not less than sixty (60) days in a county jail. Each day shall constitute a separate and independent violation. Any person convicted of violating any provision of this Chapter shall be ordered to reimburse the City its full investigative costs, the full cost of the emergency response, cost of repairs to public facilities, and the cost of cleaning up and disposing of any hazardous materials. 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. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would 70 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 3. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 71 Approved and adopted this 8th day of July, 2014. Pam O'Connor, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2461 (CCS) had its introduction on June 24, 2014, and was adopted at the Santa Monica City Council meeting held on July 8, 2014, by the following vote: Ayes: Councilmembers: Davis, Holbrook, McKeown, Vazquez, Winterer Mayor O'Connor, Mayor Pro Tern O'Day Noes: Councilmembers: None Absent: Councilmembers: None A summary of Ordinance No. 2460 (CCS) was duly published pursuant to California Government Code Section 40806 . ATTEST: Sarah P. Gorman, City Clerk