SR-06-24-2014-7BCity Council Meeting: June 24, 2014
Agenda Item:
To: Mayor and City Council
From: Martin Pastucha, Director of Public Works
Subject: Ordinance Amending Chapter 5.20 of the Santa Monica Municipal Code
Related to Industrial Wastewater Control Regulations
Recommended Action
Staff recommends that the City Council
ordinance amending Chapter 5.20 of the
Industrial Wastewater Control Regulations.
Executive Summary
introduce for first reading the attached
Santa Monica Municipal Code related to
Chapter 5.20 of the Santa Monica Municipal Code (SMMC) sets policy to assure the
highest and best use of the wastewater system for collection, treatment, and disposal of
domestic wastewater. As such, Chapter 5.20 sets forth wastewater discharge
standards, permit and monitoring requirements, and enforcement mechanisms to
achieve compliance with all applicable Federal, State, and local regulations.
The proposed revisions to the Industrial Wastewater Control Regulations are necessary
to comply with Federal Environmental Protection Agency (EPA), State audits, and more
closely align with the City of Los Angeles Industrial Waste Control Ordinance. The
City's Industrial Wastewater Control Regulations were adopted in 1986 and last updated
in 1995. In light of changes made regarding federal and state oversight agencies, staff
recommends that Council adopt the proposed revisions to SMMC Chapter 5.20.
Background
The Federal Clean Water Act, as enforced by the EPA and State, requires that the City
adopt and enforce an industrial pretreatment program at least as stringent as the
program adopted by the City of Los Angeles, with whom the City contracts for sewage
treatment and disposal services. On June 10, 1986, City Council adopted the Industrial
Wastewater Control Regulations, SMMC Chapter 5.20, to comply with EPA
requirements and amended the Industrial Wastewater Control Regulations on
November 7, 1995.
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This program is subject to audit by EPA in conjunction with the Los Angeles Regional
Water Quality Control Board audit that occur every couple of years. Some of the major
audit findings from recent audits include requests that the City modify its permits to
include notification information, enhance sampling or monitoring methods, and increase
the penalty amounts to deter future violations.
Discussion
SMMC Chapter 5.20 provides for the regulation of wastewater discharges from
industrial and commercial users to the City's sanitary sewer system. The City has
jurisdictional authority to issue permits to certain facilities, set discharge standards and
prohibitions, require monitoring of discharge, develop inspection and sampling
programs, and implement enforcement activities for noncompliance with ordinance
requirements. Currently, the City has approximately 800 businesses and facilities under
permit as part of the Industrial Wastewater Pretreatment Program. Therefore, it is
important that the ordinance be updated to ensure water quality and the health and
safety of residents, workers and visitors is adequately protected.
The proposed revisions to the Industrial Wastewater Control Regulations are necessary
to:
• Incorporate several updates to more closely align the City's regulations with the
City of Los Angeles Industrial Waste Control Ordinance.
• Comply with audits conducted by the EPA which identify certain federal
regulations be incorporated into the City's ordinance.
• Comply with General Pretreatment Regulations that were amended by the EPA.
The major revisions proposed in the attached ordinance are discussed below.
• Section 5.20.020 and 5.20.030 defines modified and new terms and
abbreviations not previously identified in the current ordinance.
• Section 5.20.040 modifies and clarifies the Prohibited Discharge Standards
related to both discharge to the public sewer and storm drain system to include a
wider range of pollutants.
• Section 5.20.050 requires specific pollutant concentrations to include Best
Management Practices (BMPs) which are implemented at facilities to prevent
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pollutants from entering the public sewer and modifies definitions of listed
prohibited waste.
• Section 5.20.080 specifies types of pretreatment devices required to remove
pollutants from waste streams. In addition to the installation of devices, the City
may require BMPs be implemented.
• Section 5.20.090 clarifies spill prevention and control plan requirements including
description of discharge practices, stored chemicals and procedures for spill
notification and prevention.
• Section 5.20.110 outlines specific requirements for food service establishments
including prohibitions, BMPs, and variance requests for installation of grease
removal devices. Food establishments are required to operate their facilities by
implementing BMPs that prevent excessive grease discharges into the sewer
system. BMPs include recycling grease, food waste, and properly maintaining
grease removal devices.
• Section 5.20.190 articulates certification statement requirements for permit
applications and industrial user reports including user statements for an approval
of a monitoring waiver. All periodic reports are required to have this certification
statement included with periodic monitoring reports submitted to the City.
• Section 5.20.210 modifies exemptions to include discharge and dischargers not
subject to National Categorical Pretreatment Standards. Also, the section states
that exemptions do not apply to private sewage disposal systems.
• Section 5.20.220 specifies permit conditions to include BMP language for
prevention of accidental, unanticipated or routine discharges, requires additional
BMPs in order to comply with pretreatment standards including implementation of
pollution prevention techniques and clarifies permit modification requirements.
• Section 5.20.270 states that each industrial user shall promptly notify the City, in
writing, of any change of its authorized representative.
• Section 5.20.310 requires that significant industrial users submitting periodic
reports shall contain proper certification, information that complies with
pretreatment regulations, and documentation related to BMPs in order to
determine compliance with the discharge standards. Industrial users must
maintain reports associated with BMPs, monitoring activities and analytical
results for a period of three years.
• Section 5.20.330 states that industrial users must immediately notify the City of
potential or actual discharge which may cause issues for the City sewer system
and include specific information regarding the discharge. Procedures for
preventing accidental discharges must be submitted to the City. Bypass of a
discharge from an industrial user's treatment facility requires proper notification
to the City including detailed information related to the bypass. Bypasses are
prohibited unless it was unavoidable in extreme circumstances which include
prevent loss of life, personal injury, or severe property damage, no feasible
alternatives, proper notice was submitted and bypass was approved by City.
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• Section 5.20.370 requires dischargers to notify the City of any violations within 24
hours and complete a repeat sampling event and submit an analytical report
within 30 days. The City may allow the industrial user to forgo sampling if the
user has demonstrated through monitoring that the pollutant of concern is not
present in the flow or is present at background levels similar to incoming water.
• Section 5.20.460 requires public access to information supplied by the industrial
user be handled in accordance to the California Public Records Act.
• Section 5.20.470 states that confidentiality claims related to industrial user data
are treated in accordance with the California Public Records Act.
• Section 5.20.600 states that violators of chapter 5.20 are civilly liable and subject
to not more than $5,000 and not less than $1,000 for each day the violation
occurs.
• Section 5.20.610 states that violators of Chapter 5.20 can be criminally
prosecuted and will be subject to a fine of not more than $500 but not less than
$300 per violation, per day or imprisonment in a county jail for not more than six
months but not less than 30 days, or by both such fine and imprisonment. A
second violation results in the same fine and not more than 6 months but not less
than 60 days in a county jail. The City can also recover full costs for investigation,
emergency response, and repairs to public facilities.
The proposed amendments and additions would have no negative impact on existing
businesses, which would remain compliant with the Chapter, since the revisions aim to
clarify and strengthen current enforcement practices. Further, the revisions would result
in reduced regulatory burdens and uncertainty for businesses by better clarifying
Chapter requirements and technical definitions.
Alternatives
There are no alternatives recommended by staff. Amending Chapter 5.20 is necessary
to comply with applicable Federal, State and local regulations including the City of Los
Angeles Industrial Waste Control Ordinance, with whom the City contracts for sewage
treatment services. Excluding the proposed amendments would result in noncompliance
with the current regulatory framework.
Environmental Analysis
Adoption of this ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) and the National Environmental Policy Act (NEPA).
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared by: Gil Borboa, Water Resources Manager
Approved:
"01�
Martin Pastucha,
Director of Public Works
Forwarded to Council:
Rod Gould
City Manager
Attachments:
A — SMMC Chapter 5.20, Industrial Wastewater Control Ordinance
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City Council Meeting: June 24, 2014 Santa Monica, California
ORDINANCE NUMBER (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 RELATED TO 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
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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.
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.
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(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;
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(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 maior 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. empleying mere than "v° persons or
having gross annual saIes er -e-pe-nditures e)(Geeding twenty five million dellar6 (in
2
second quarter, 191-1 d ellars) if authority fn sign deG w+c has been xoignert nr
r♦ I 4 dt to them With manager in gnnnrdaRGe W corporate procedures.
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(2) If the industrial user is a partnership, association or sole proprietorship, an
authorized representative shall mean a general partner or the proprietor.
(3) If the individual user is representing Federal, State or local governments, or an
agent thereof, an authorized representative shall mean a director or highest official
appointed or designated to oversee the operation and performance of the activities of
the government facility.
(4) The individuals described in 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
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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
medical, research or industrial laboratories; or wastes from the production of bacteria,
viruses spores, and discarded vaccines: or human surgery specimens or tissues which
maV contain infectious agents; or animal parts, tissues, fluids or carcasses which maV
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 baps 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
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containing pollutant discharge limits promulgated by the United States Environmental
Protection Agency.
City. The City of Santa Monica or its duly authorized representatives.
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
.;
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.
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Director. The Director of Env^rnnMental andthe - Public Works non
Department of the City of Santa Monica or the duly authorized representative thereof.
Discharge. Unless otherwise specific in a permit, Tthe introduction of a liquid G
solid -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.
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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 bV 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 baffle(s), a minimum of two compartments, and
gravity separation.
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 Hvdromechanical 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.
Hvdromechanical 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
box.
Indirect Discharge. The discharge of wastewater into the P.O.T.W.
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's ^ ^^ ,r ^° of di o ^h ^r^^
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.
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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
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 bV
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).
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(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.
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limited
te, human or Animal and
tissues removed sumlically or a�
-ut Rot
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Gontairl etiOlO& agents and
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Equipment, instruments,
-.-.A -4her
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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 gray -water (shower, dishwashing operations, etc.). Nondomestic pollutants
include the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color,
BOD, COD, toxicity, odor).
Pass Through. A discharge which exits to the P.O.T.W. trove * hate 4; - into
waters of the U.&.-State in quantities or concentrations which, alone or in conjunction
with aR i diFe^+ d sGh^f ^e or discharge(sJ from other sourcejs), is a cause of a violation
13
of any requirement of the Qity' .O.T.W.'s NPDES permit (including an increase in the
magnitude or duration of a violation).
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 (P2), Source Reduction. Pollution prevention means "source
reduction," as defined under the Pollution Prevention Act (42 U.S.C. § 13101 et seg.),
14
and other practices that reduce or eliminate the creation of pollutants through increased
efficiency in the use of raw materials energV, water, or other resources, or protection of
natural resources bV 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 anV combination thereof,
which receives anV wastewater not discharged to a public sewer.whiGh disposes of
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.
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Publicly Owned Treatment Works (P.O.T.W.). Treatment works as defined by
Section 212 of the Act, which is wholly or partially owned by the City or the City of Los
Angeles. This includes any public sewers that convey wastewater to the P.O.T.W.,
treatment plant, land, appurtenances, pumping stations, treatment works or equipment.
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 StreamWaters. 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 2( 5,000) gallons per day or more of process wastewater, (b) contributes a
16
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
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 waV violate the P.O.T.W.'s regulations, local limits or
permit conditions. n ,, nnlh,Mn4 /innl 1'nn R(lf1\ role- ed in a di charge -1 l —'.Y ratee
Or GGReentFation which will cause a violatien ef the specific discharge prohibitions of t
Ohapter.
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.
17
Storm Drain Connection. Any pipeline, or portion thereof, constructed in a street,
alley, walk, or other public place, or in an easement granted to the City or County, and
connecting or proposed to connect any lot or part of a lot with any storm drain.
Storm Drain System. All of the property involved in the operation of the storm
drainage collection and disposal system of the City of Santa Monica, whether operated
by the City or other public agency, including conduits, natural or artificial drains,
channels and watercourses, together with appurtenances, pumping stations and
equipment.
Stormwater. Any discharge, drainage or runoff occurring as a result of natural
jolf-m UP-
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 iR ^^^^rd'^^ ^^ ,•n4" sn rrGD
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.
iF:3
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.
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.
19
_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.
I. Liter.
mg. Milligrams.
mg /I. 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.
20
(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,
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.
included in this PFGhibitiGR are wastestreams fith a closed cup flashpoint of less than.
ea
.. . .. - _ TEIfRLl.E� HM.T. .T�ILST.�7T
(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,
21
(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 insufficient 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
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;
22
(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
• • • • • ' • • • -'-. 1}��- 1RG{t1Tf�:T- 73�1i�iTYS\1.7 ,
•
(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
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;
(12) Any wastewater containing any radioactive wastes or isotopes except as
specifically approved by the Director in compliance with applicable State or Federal
regulations;
23
(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, tr-Jrked or eAutants,
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.
(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 n4edtcal wastes, any recognizable portions of human or
animal anatomy, any medical wastes or sharps and any human or animal blood known
.. .
24
(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
25
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
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.
26
(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, ^' ° ^^ ° ^" ° ° °+ g vana-m-a
rinrinr uh'nh m
y- rmFCr'avrnvn- rr.c - the D v4 v S fineness ..f nr _.d requirements a_Rd is to
ry to the grinding me s
iRGh opening. 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 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., + af+ ' +..hl t nn Th fnun,e, inn f n own of
d + f all types of grinders shall he m °+ .�+ all times:
.� requirement .,....�.......... -11 .fir__ _. �....__•_ _.._... all ..__.
(A) At least ferty percent shal
(B) At least sixty five pers°nt shall pass a No 3 sieve,
/M O hundred o cent shall vacs n e half innh sin&I
(5) Sharps. 49--persoR shall di h.. sharps 1 ss nrn nrl in an annr.A%- nr'nrJef
capable of meeting the DireGtOF'S fineness ef grind . -1—rements and discharged to the
D n T \/V/ Chan shall h ground by an apprGved grinder not °xn °°rJ'nn f'.i
horsepowerSharps are prohibited.
(6) Grinder Waste. Grinder waste is prohibited.
27
(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.
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
NE.
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 5j of the
average daily flow in the system, whichever is lesser, shall install and maintain, on his
or her property and at his or her expense, a suitable storage and flow control facility to
ensure equalization of flow over a twenty- four -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,
f►1s]
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
GhomnNl r1�n 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.
(4) Any person discharging industrial wastewater from a restaurant, catering, or
other commercial kitchen facility may be required, by the Director, to install a rg avity
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.
30
(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
fives 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
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;
31
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 responsibilitV 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 anV 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.
5.20.110 Requirements for restaurants and other commercial cooking facilities.
All food service establishments"^°+.,uraRts „n,+ ^ +tier commercial cooking
facilities must conduct operations in a manner which avoids causing grease blockages
to the City sewer. All food service establishments restaurants and ^+h ^r ^^ ^r^•-,�
cooking , - g facilities-are required to use grease rendering companies for recycling of their
waste cooking oil and grease. Waste cooking oil and grease must be disposed of in
containers provided by grease rendering companies, not in City or private trash
dumpsters.
32
Food service establishments Restaurants a„d
are prohibited from installing food waste disposal units which discharge to the City
sewer system. E4isting facilities h' h diGGhaFge ^ e grease to the City sewer
may have to eliminate foo --rite disposal un is after receiving a wri"eR nyf:n _ of
violation by the ^GtOr-
Food service establishments° 1 .e t',.rants and other commercial cocking
fapilifies 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 Restaurants 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.
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.
33
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.
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
fill
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.
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:
35
(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;
(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;
36
(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
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
37
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:
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.
9.1
Based on my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering 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.
(c) All permitted discharges must commence within one hundred eighty 1( 80) days
from the effective date of the permit or the permit is deemed void.
5.20.210 Exemptions.
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An industrial wastewater permit is not required for the following dischargers or
discharges to the P.O.T.W. not subiect 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;
(4) Development and implementation of spill control plans or other special
conditions including rr ^ ^ ^ ^ °m ° ^+ ^ ^ ^ +' ^ °° BMPs necessary to adequately prevent
accidental, unanticipated or routine discharges;
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(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;
(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;
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(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;
(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;
42
(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 S( IU) shall apply for permit reissue by submitting a
complete permit application in accordance with Section 5.20.180, a minimum of ninety
k90 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.
(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.
43
(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.
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.
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(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, Autharized 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 anV
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.
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.
45
(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 g0 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:
(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.
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(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 (1grab 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
EVA
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 baOeline ^mitering epG #st3MRs 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
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 bV 40 CFR 403.12(e)(1)).
Industrial Users subiect 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.
(db) 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.
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(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)
Vears 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.
(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.
50
(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 -lause -an anridental or ether disGharge which may 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 G*Qirector of the inside+atchange. 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 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,
51
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� ad 6
fails to provide notifiGation of uncontrGlIed discharges as required by-thOis,-SeGtlo�
be-14b[e�,-vil aGtiOR fGr a civil PeRalty iR the amount-of fiaio h� p
day the 1-1nr-,ontrc-)Iled discharge has not
rl nerts a,; d t 'n .1 hai i4 Gf GOMpeteRt i riSdin+i..n
(fg) 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.
(gkr) At least every two 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
52
necessary to control slug discharges Alternatively, the Director may develop such a
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 emergencv 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 subiect 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
53
must contain a description of the bypass, includinq exact dates and times whether
pretreatment standards were violated when the bypass will be corrected and
procedures taken to prevent another such bypass from occurring in the future.
(i) 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 damaqe
(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
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.
3!
Within one hundred eighty 180 days after promulgation of a new City- Specific
Pollutant Limitation and notification thereof by the Director to specific dischargers
affected thereby, any discharger, subject to such limitations, shall submit to the Director
a report containing:
(a) The name and address of the discharger;
(b) The address or location of the premises where the discharge does or will take
place;
(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.
55
(1) The completion date in such a schedule shall not be later than the compliance
date established for the applicable limitation.
(2) The schedule shall provide for reporting increments of progress in the form of
dates for the commencement and completion of major events leading to the
construction and operation of any additional pretreatment necessary (e.g., hiring an
engineer, completing preliminary and final plans, executing contracts for major
components, commencing construction and completing construction).
(3) The discharger shall also submit a written progress report to the Director, not
later than fourteen 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— Prenotific-at on.
(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 - eighth 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
92
operations. Prior to the commencement of any sampling or monitoring, the Director may
request that the discharger furnish to the Director a split sample and all supporting data
(i.e., methodology, flow measuring data, strip chart recordings, and other pertinent
information). The Director reserves the right to refuse any data developed from the
monitoring and sampling activity if the discharger fails to comply with the prenotification
procedure.
(b) If sampling conducted bV the discharger indicates a violation, the
discharger must notify the Director bV 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.
(tic) Each discharger shall submit to the Director, certified under penalty of
perjury by the discharger, its monitoring and sampling reports or other requested data.
(de) 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
57
period. Composite samples shall be collected hourly. Samples may be collected either
manually or by automatic integrated sampling equipment approved by the Director.
(ed) 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(8).
(q) 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 bV 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
Fi.'
collection techniques. In the event flow proportional sampling is infeasible, the Director
may authorize the use of time proportional sampling.
(b) Samples for oil and grease, temperature, pH, 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
59
violation of the provisions of this Chapter or other applicable law, or any condition which
makes such premises hazardous, unsafe or dangerous, the Director is authorized to
enter such property at any reasonable time and inspect the same and perform any duty
imposed upon the Director by this Chapter or other applicable law as follows:
(1) If the property is occupied, the Director shall first present proper credentials to
the occupant and request entry explaining the reasons therefor.
(2) If the property is unoccupied, the Director shall first make a reasonable effort to
locate the owner or other persons having charge or control of the property and request
entry, explaining the reasons therefor. If such entry is refused or cannot be obtained
because the owner or other person having charge or control of the property cannot be
found after due diligence, the Director shall have recourse to every remedy provided by
law to secure lawful entry and inspect 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.
.e
(c) No person shall fail or refuse, after proper demand has been made upon that
person as provided in this Section, to promptly permit any inspection provided for by this
Section.
(d) The applicant, by accepting any permit issued pursuant to this Section, does
thereby consent and agree to the entry upon the premises, described in the permit, by
Department personnel for the following purposes as required by this Section or other
applicable laws. The City shall be afforded access at all reasonable times:
(1) For the purposes of inspection, sampling, 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.
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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
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
-
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41-e f '+ shall be required, r+r'nr +., r pt of the requested inf mot's to ay the
reasonable costs of r a*a gathering, reprodUGtieR and transmission incurred by the
O+tyconsistent 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
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 r 4ee,+ re se + fn +h in 400
GFR Part 2 (Public Inform --t,,,n)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.
M
(c) Permit and Inspection Fee. An 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. Monies
(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;
m
(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;
(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.
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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 tend 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
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
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
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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
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;
(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
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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.
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(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.
(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
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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.
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Any b sin@ ep rson 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 lousiness ep rson
shall also be assessed the full cost of the emergency response, cost of repairs to public
facilities, and as well e cost of cleaning up and disposing of any hazardous
materials.
5.20.610 Criminal prosecution.
„ urp.r WIG -; fff{ lly or negl;ge^+ Any person who violates any provision of this
Chapter, any applicable wastewater discharge permit condition, or order issued
"gin ie 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
73
for not more than six months but not less than sixty (60) days in a county jail. Each daV
shall constitute a separate and independent violation.
Any person convicted of violating anV provision of this Chapter shall be ordered
to reimburse the City its full investigative costs, the full cost of the emergency res op nse,
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
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
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official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
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