SR-07-08-2014-7BCity Council Meeting: July 8, 2014
Agenda Item: -1'6
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
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 adopt the attached ordinance.
Executive Summary
At its meeting on June 24 2014, the City Council introduced for first reading an
ordinance amending Chapter 5.20 of the Santa Monica Municipal Code related to
industrial wastewater control regulations. The ordinance is now presented to the City
Council for adoption.
Prepared by: Marsha Jones Moutrie, City Attorney
Approved: Forwarded to Council:
Marsh Jones;ll'loutrie
City Att orney
Rod Gould
City Manager
City Council Meeting: July 8, 2014
Santa Monica, California
ORDINANCE NUMBER 2461 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 5.20 OF THE SANTA MONICA
MUNICIPAL CODE UPDATING INDUSTRIAL WASTEWATER CONTROL
REGULATIONS
WHEREAS, the City consists of just eight square miles of coastal land which is
home to 90,000 residents, the job site of 300,000 workers, and a destination for as
many as 500,000 visitors on weekends and holidays; and
WHEREAS, the City is committed to protecting the health and safety of the public
by ensuring that the wastewater collection systems and treatment plants are not unduly
impacted by discharges from industrial and commercial users; and
WHEREAS, untreated waste generated by industrial and commercial users can
present a danger not only to humans and the environment, but to wastewater treatment
facilities as well; and
WHEREAS, Federal law, including the Federal Clean Water Act, requires the
implementation of pretreatment programs, which regulates industrial and commercial
facilities' discharge of wastewater to publicly owned treatment works; and
WHEREAS, Federal law authorizes local governments to issue industrial waste
discharge permits, provided that the participating local governments adopt an industrial
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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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(3) If the individual user is representing Federal, State or local governments, or an
agent thereof, an authorized representative shall mean a director or highest official
appointed or designated to oversee the operation and performance of the activities of
the government facility.
(4) The individuals described in subsections 1 through 3 of this definition may
designate another authorized representative if the authorization is in writing, the
authorization specifies the individual or position responsible for the overall operation of
the facility from which the discharge originates or having overall responsibility for
environmental matters for the company, and the authorization is submitted to the City.
Average Daily Flow. The number of gallons of wastewater discharged into the
P.O.T.W., storm drain system or waters of the State during a twenty- four -hour period.
Best Management Practices (BMPs). Practices or physical devices or systems
activities, prohibitions of practices, maintenance procedures, pollution prevention
techniques, and other management practices designed to prevent or reduce pollutants
in discharges. BMPs include, but are not limited to, treatment requirements, operating
procedures, and practices to control site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw materials storage.
Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the
biochemical oxidation of organic matter in (5) five days at twenty degrees Centigrade
expressed in terms of milligrams per liter (mg /1) and analyzed in accordance with 40
CFR 136, as amended.
Biohazardous Waste. Laboratory waste of human or animal specimen cultures from
medical and pathology laboratories; or cultures and stocks of infectious agents from
Clean Water Act. (aka the Act or CWA) The federal Water Pollution Control Act,
enacted in 1972, by Public Law 92 -500, and as amended by the Water Quality Act of
1987.
Color. The optical density at the visual wavelength of maximum absorption, relative
to distilled water. One hundred percent transmittance is equivalent to zero optical
density.
Commercial Establishment. A private establishment such as a restaurant, hotel,
laundry, store, filing station, recreational facility, or a nonprofit private or government
entity such as a church, school, hospital, military facility, correctional institution or a
facility owned and operated by a charitable organization.
Composite Sample. The sample resulting from the combination of individual
wastewater samples taken at selected intervals based on either an increment of flow or
time.
Construction. The acquisition of any and all rights -of -way or real property
necessary for the performance and completion of the work referred to wherever
authority is given to the City for any construction under the provisions of this Chapter.
Cooling Water. The water discharged from any use including, but not limited to, air-
conditioning, cooling or refrigeration, during which the only pollutant added is heat.
Direct Discharge. The discharge of wastewater to the storm drain system or the
waters of the State.
Director. The Director of the Public Works Department of the City of Santa Monica
or the duly authorized representative thereof.
III
Graywater. A wastewater discharge that has not been contaminated by any toilet
discharge, has not been affected by infectious, contaminated, or unhealthy bodily
wastes and does not present a threat from contamination by unhealthful processing,
manufacturing, or operating wastes. Graywater includes, but is not limited to,
wastewater from domestic bathtubs, showers, bathroom washbasins, clothes washing
machines and laundry tubs, but does not include wastewater from toilets, kitchen sinks
or dishwashers.
Grease Interceptor. See Gravity Grease Interceptor.
Grease Trap. See Hydromechanical Grease Interceptor.
Gross Floor Area. The area included within the exterior of the surrounding walls of
a building or portions thereof, exclusive of courtyards.
Holding Tank Waste. Any waste from holding tanks such as vessels, chemical
toilets, campers, trailers, septic tanks and vacuum -pump tank trucks.
House Connection Sewer. Any sewer pipeline, or portion thereof, constructed in a
street, alley, walk or other public place, or in a sewer easement granted to the City and
connecting, or proposed to connect, any lot or part of a lot with any public sewer.
Hydromechanical Grease Interceptor (HGI). An approved device that is installed
in an industrial drainage system to separate, trap, and hold non - petroleum fats, oil and
grease (FOG) from a wastewater discharge and is identified by flow rate, retention time
and separation efficiency. HGI design incorporates, in combination or separately, air
entrainment, hydromechanical separation, interior baffling, internal barriers, and sample
box.
Indirect Discharge. The discharge of wastewater into the P.O.T.W.
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includes prevention of sewage sludge use or disposal by the P.O.T.W. in accordance
with Section 405 of the Act or any violation of criteria, guidelines or regulations
developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the
Toxic Substance Control Act, the Marine Protection, Research and Sanctuaries Act, or
violation of more stringent State criteria (including those contained in any State sludge
management plan prepared pursuant to Title IV of SWDA) applicable to the method of
disposal or use employed by the P.O.T.W.
Lot. As defined in Chapter 9.20 of Article IX of this Code.
Medical Waste. Medical Waste shall have the same meaning as defined by
California Health and Safety Code Section 117690. Medical waste is:
(1) biohazardous waste; or
(2) sharps waste; or
(3) trauma scene waste; or
(4) waste which contains material that is generated or produced as a result of
any of the following actions:
(A) Diagnosis, treatment, or immunization of human beings or animals.
(B) Research pertaining to the activities specified in subparagraph (A).
(C) The production or testing of biologicals. Biologicals means medicinal
preparations made from living organisms and their products, including, but not limited
to, serums, vaccines, antigens, and anti - toxins.
waste.
(D) The accumulation of properly contained home - generated sharps
(E) Removal of a blood or infectious materials from a trauma scene.
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Peak Flow. The maximum five minute rate of wastewater flow to be generated from
the premises as estimated by the Director.
Person. Any individual, partnership, co- partnership, firm, company, corporation,
association, joint stock company, trust estate, governmental entity or any other legal
entity, or their legal representatives, agents or assigns. This definition includes all
Federal, State or local governmental entities.
pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions
expressed in gram equivalents per liter of solution.
Pharmaceutical Waste. A prescription or over - the - counter human or veterinary drug
or process waste from the testing, formulating or manufacturing of human or veterinary
pharmaceutical drugs.
Pigment. A substance that imparts black or white.or a color to other materials.
Point of Discharge. Any physical location at which a discharger, directly or
indirectly, disposes wastewater. The term point of discharge also includes, but is not
limited to, disposal to ponds, injection wells, leach fields or surface spreading.
Pollutant. Any liquid, gas, vapor, dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, medical waste, chemical wastes,
industrial wastes, biological materials, radioactive materials, heat, pigment, wrecked or
discharged equipment, rock, sand, cellar dirt, agricultural or other waste.
Pollution Prevention (132), Source Reduction. Pollution prevention means "source
reduction," as defined under the Pollution Prevention Act (42 U.S.C. § 13101 et seq.),
and other practices that reduce or eliminate the creation of pollutants through increased
efficiency in the use of raw materials, energy, water, or other resources, or protection of
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Angeles. This includes any public sewers that convey wastewater to the P.O.T.W.,
treatment plant, land, appurtenances, pumping stations, treatment works or equipment.
Public Sewer. Any sewer, other than a house connection sewer, which has been
constructed in a public street, alley, walk or other public place, or in a sewer easement,
and is part of the P.O.T.W.
Receiving Waters. Waters of the State, as defined in this Section.
Residential Users. Persons only contributing domestic sewage wastewater to the
municipal wastewater system.
Sewage. Human excrement and gray water (household showers, dishwashing
operations, etc.)
Sharps. Hypodermic needles, hypodermic syringes, blades and broken glass.
Sharps also include any device, instruments, or other objects which have acute rigid
corners, edges or protuberances.
Significant Change. Alterations to the discharger's operation, process,
pretreatment systems, or production, or alterations to the nature, quality, or volume of
the dischargers wastewater that affect, or have the potential to affect, pretreatment
standards or requirements since the issuance of the subject Industrial Wastewater
Permit.
Significant Industrial User. Industrial users subject to categorical pretreatment
standards and any other industrial user that: (a) discharges an average of twenty -five
thousand (25,000) gallons per day or more of process wastewater, (b) contributes a
process wastestream which makes up five percent or more of the average dry weather
hydraulic or organic capacity of the treatment plant or, (c) is designated as significant by
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channels and watercourses, together with appurtenances, pumping stations and
equipment.
Stormwater. Any discharge, drainage or runoff occurring as a result of natural
precipitation including snowmelts.
Suspended Solids (SS). The total nonfilterable residue in water, wastewater, or
other liquids, which is removable in accordance with the most recent publication of
Standard Methods for the Examination of Water and Wastewater, prepared and
published by the American Public Health Association, American Waterworks
Association, and the Water Pollution Control Federation..
Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic in
regulations promulgated by the Administrator of EPA under the provisions of Section
307 of the Act, the City's Toxic Chemical Disclosure Ordinance, or other Federal or
State statutes, rules or regulations.
Treatment Plant. That portion of the P.O.T.W. designed to provide treatment of
sewage and industrial waste.
Treatment Plant Effluent. Any discharge of pollutants from the municipal
wastewater system into waters of the State.
Uncontrolled Discharge. Any pollutant (including BOD) released in a discharge at a
flow rate or concentration which will cause a violation of the specific discharge
prohibitions of this Chapter.
User. Any person who contributes, or causes or allows the contribution of sewage or
industrial wastewater into the municipal wastewater system, storm drain system or
waters of the State, including persons who contribute such wastes from mobile sources.
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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.
(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,
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interfere with the reclamation process. In no case shall a substance discharged to the
P.O.T.W. or storm drain system cause the P.O.T.W. to be in noncompliance with sludge
use or disposal regulations, guidelines or permits issued under Section 405 of the Act,
the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or
other State requirements applicable to the sludge use and disposal practices being
used;
(9) Any substance which will cause the P.O.T.W. to violate its NPDES permit, or
applicable Federal or State statutes, rules or regulations;
(10) Any wastewater which imparts color which cannot be removed in the ordinary
P.O.T.W. treatment process such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the P.O.T.W. effluent, and which
creates a visual contrast with material appearance of the P.O.T.W. discharge
observable at the point of P.O.T.W. discharge;
(11) Any wastewater having a temperature greater than one hundred forty (140)
degrees Fahrenheit (sixty (60) degrees Centigrade), or which will inhibit biological
activity in the P.O.T.W. treatment plant resulting in interference, but in no case
wastewater which causes the temperature at the introduction into the P.O.T.W.
treatment plant to exceed one hundred four (104) degrees Fahrenheit (forty (40)
degrees Centigrade). In no event shall any wastewater having a temperature in excess
of thirty -seven and eight- tenths degrees Centigrade (one hundred degrees Fahrenheit)
be discharged to the storm drain system or to waters of the State;
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(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
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contents shall be weighed and recorded prior to disposal. These records shall be made
available to the Director for inspection. Recognizable portions of the human or animal
anatomy shall not be ground or discharged to the P.O.T.W.;
(4) Commercial Food Wastes. Commercial garbage, food market wastes or food
plant wastes are prohibited.
(5) Sharps. Sharps are prohibited.
(6) Grinder Waste. Grinder waste is prohibited.
(b) Dilution. No person shall use any water to dilute any pollutant to achieve
compliance with the discharge limitations contained in this Section.
(c) National Categorical Pretreatment Standards (NCPS). Upon the promulgation
of mandatory NCPS for any industrial category, the NCPS, if more restrictive than
limitations otherwise implemented under this Chapter, shall apply. A discharger shall
comply with applicable NCPS as set forth in 40 CFR Part 401 et seq. The Director may
impose a phased compliance schedule to ensure the affected industries or users meet
the NCPS.
5.20.060 Septic tanks, seepage pits and cesspool connections (private sewage
disposal systems).
No private sewage disposal systems shall be permitted within the City. All such
systems must be removed and the lots thereto attached connected to the public sewer
system. The connection to the public sewer system in accordance with Chapter 7.04
and this Chapter of this Code, must be completed by July 1, 1987. The removal of the
private sewage disposal system must be completed by October 1, 1987.
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ensure equalization of flow over a twenty- four -hour period. The facility shall have a
capacity for at least fifty percent (50 %) of the daily discharge volume and shall be
equipped with alarms and a rate of discharge controller, the regulation of which shall be
directed by the Director. A wastewater permit may be issued solely for flow equalization.
(c) Pretreatment Devices.
(1) In order to ensure that proper pretreatment of different types of discharges and
pollutants can be achieved, the Director shall develop regulations to establish the type,
size, placement and connections of pretreatment devices, such as clarifiers, separators,
interceptors and chemical and electro- chemical treatment devices for each type of
discharges and pollutants.
(2) Any person discharging industrial wastewater from a gas station, auto repair
and auto refinishing, auto washing, other automotive related facility, underground
parking structure, or parking lot, may be required by the Director to install a
pretreatment clarifier, or oil -water separator, and stormwater diverter system. The type,
size, placement and connection of the clarifier, separator or diverter system may be
specified by the Director, consistent with regulations developed pursuant to subsection
(c)(1) of this Section.
(3) Any person discharging industrial wastewater from an underground parking
structure or parking lot may be required, by the Director, to install BMPs or any other
devices deemed necessary in order to pretreat the septic component of the
wastestream. The type, size, placement and connection of the device may be specified
by the Director, consistent with the regulations developed pursuant to subsection (c)(1)
of this Section.
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ninety days after the issuance of an industrial wastewater permit. These industrial users
must store at least twenty -five (25) pounds of absorbent material on location.
A spill prevention and control plan shall include the minimum following
components:
1. Description of discharge practices, including possible slug or batch discharges;
2. Description of stored chemicals;
3. Procedures for immediate notification of the Director of any spill or slug
discharge; and
4. Procedures to prevent adverse impact from any accidental discharge. Such
procedures to include, but are not limited to, inspection and maintenance of storage
areas, material handling areas, loading and unloading operations, control of site runoff,
worker training, building of containment structures or equipment, source reduction
practices, measures for containing toxic organic pollutants, including solvents, and /or
measures and equipment for emergency response. It will be the responsibility of the
Permitee to review and revise the spill prevention and control plan as necessary.
Copies of all revised plans shall be provided by the facility to the Director for review
within thirty (30) days of making any such revisions.
5.20.100 Good housekeeping provision.
No person shall leave, deposit, discharge, dump or otherwise expose any chemical
or septic waste in an area where discharge to City streets or storm drain system may
occur. This Section shall apply to both actual and potential discharges.
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Any person who shall occupy the industrial user's premises as a tenant under any
rental or lease agreement shall be jointly and severally responsible for compliance with
the provisions of this Chapter in the same manner as the owner.
5.20.130 Separation of domestic and industrial wastestreams.
All new domestic wastewater sources from restrooms, showers, drinking fountains,
and similar uses shall be kept separate from all industrial wastewaters until the
industrial wastewaters have passed through a required pretreatment system and the
industrial user's monitoring facility. When directed to do so by the Director, industrial
users must separate existing domestic wastestreams from industrial wastestreams.
5.20.140 Rules and regulations.
The Director shall adopt rules and regulations consistent with this Chapter to
effectuate its purpose and intent.
5.20.150 Vandalism.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover,
deface, tamper with or prevent access to any structure, appurtenance or equipment, or
other part of the P.O.T.W. or storm drain system.
5.20.160 Wastewater survey.
When requested by the Director all industrial users must submit information on the
nature and characteristics of their wastewater by completing a wastewater survey prior
to commencing their discharge. The Director is authorized to prepare a form for this
purpose and may periodically require industrial users to update the survey. Failure to
complete this survey shall be reasonable grounds for terminating service to the
industrial user and shall be considered a violation of this Chapter.
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5.20.180 Application.
In order to be considered for a wastewater permit, all industrial users required to
have a permit must submit the following information on an application form approved by
the Director:
(a) The name and address of the applicant;
(b) The name and address of the discharger;
(c) The address or location of the premises where the discharge will take place;
(d) The Standard Industrial Classification (SIC) for processes or sub - processes of
the discharger;
(e) Wastewater constituents and characteristics, including any pollutants in the
discharge which are limited by any Federal, State or local standards; pretreatment
standards applicable to each regulated process; and nature and concentration (or mass
if pretreatment. standard requires) of regulated pollutants in each regulated process
(daily maximum and average concentration or mass when required by a pretreatment
standard). Sampling and analysis will be undertaken in accordance with 40 CFR Part
136, as amended;
(f) Time and duration of the proposed discharge or discharges;
(g) Measured average daily and maximum daily flow, in gallons per day, to the
municipal system from regulated process streams and other streams as necessary to
use the combined wastestream formula in 40 CFR 403.6(e);
(h) Site plans, floor plans, mechanical and plumbing plans and details to show all
sewers and storm drains, connections and appurtenances by their size, location and
elevation, and all points of discharge;
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this Section for reporting, commencement and completion of major events leading to the
construction and operation of additional pretreatment required for the discharger to
meet the applicable regulations may be extended by mutual consent of the discharger
and the Director, but in no event shall any such date be extended beyond the
compliance date established by the applicable regulation;
(m) Each product of the discharger by type, amount, process or processes and rate
of production;
(n) Type and amount of raw materials processed by the discharger (average and
maximum per day);
(o) Number of employees, hours of operation of plant and hours of operation of the
proposed pretreatment system;
(p) Copies of any current City business license, NPDES permit, South Coast Air
Quality Management District permit, Regional Water Quality Control Board permit, and
State Department of Health Services permit and all other environmental control permits
held by and for the facility;
(q) The name, business address and motor vehicle driver's license number of the
authorized representative and a twenty- four -hour telephone number and email address;
(r) Any other information deemed by the Director to be necessary to evaluate the
permit application.
5.20.190 Certification statement for permit applications and reports.
(a) All permit applications and industrial user reports must contain the
following certification statement and be signed by an authorized representative of the
industrial user:
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(c) All permitted discharges must commence within one hundred eighty (180) days
from the effective date of the permit or the permit is deemed void.
5.20.210 Exemptions.
An industrial wastewater permit is not required for the following dischargers or
discharges to the P.O.T.W. not subject to NCPS:
(a) Lots consisting of residential units not required to file toxic chemical disclosure
forms under Chapter 5.16 of this Code;
(b) Where no portion of water supplied to any premises and industrial waste stored
on the premises discharges or has the potential to discharge to the P.O.T.W., storm
drain system or waters of the State. This exemption does not apply to PSDS.
5.20.220 Permit conditions.
Industrial wastewater permits shall be subject to all provisions of this Code, all other
applicable statutes, rules, and regulations, and fees and charges established by the
City.
(a) The Director shall have authority to impose permit conditions including, without
limitation, the following:
(1) Limits on the average or maximum rate of discharge, time of discharge or
requirements for flow regulation and equalization;
(2) Limits on the instantaneous, daily and monthly average or maximum
concentration, mass, or other measure of identified wastewater pollutants or properties;
(3) Requirements for the installation of pretreatment technology or construction of
appropriate containment devices, designed to reduce, eliminate or prevent the
introduction of pollutants into the treatment works;
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(13) Requirements for prior notification and approval by the Director of any new
introduction of wastewater pollutants or of any significant change in the volume or
character of the wastewater prior to introduction in the system;
(14) Requirements for the prior notification and approval by the Director of any
change in the manufacturing or pretreatment process used by the permittee;
(15) Requirements for immediate notification of excessive, accidental or slug
discharges, or any discharge which could cause any problems to the system;
(16) A statement that compliance with a permit does not relieve the permittee of
responsibility for compliance with all applicable Federal and State pretreatment
standards, including those which become effective during the term of the permit;
(17) Other conditions, additional BMPs based on applicable pretreatment standards,
or pollution prevention techniques as deemed appropriate by the Director to ensure
compliance with this Chapter, and State and Federal laws, rules and regulations.
(b) The Director may modify the permit for good cause including, but not limited to,
the following:
(1) To incorporate any new or revised Federal, State or local pretreatment
standards or requirements;
(2) To address significant alterations or additions to the industrial user's operation,
processes, or wastewater volume or character since the time of permit issuance;
(3) A change in the municipal wastewater system that requires either a temporary
or permanent reduction or elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the City's
municipal wastewater system, City personnel or the receiving waters;
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(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 maybe required by the Director.
(b) A governmental user permit shall contain the following conditions:
(1) A requirement for the governmental user to adopt both a sewer use ordinance,
code, or law, and local limits which are at least as stringent as those set out in Section
5.20.050;
(2) A requirement for the governmental user to submit a revised industrial user
inventory on at least an annual basis;
(3) Requirements for the governmental user to conduct pretreatment
implementation activities including industrial user permit issuance, inspection and
sampling, and enforcement as needed;
(4) A requirement for the governmental user to provide the City with access to all
information that the governmental user obtains as part of its pretreatment activities;
(5) Limits on the nature, quality and volume of the governmental user's wastewater
at the point where it discharges to the municipal wastewater system;
(6) Requirements for monitoring the governmental user's discharge.
(c) Violation of the terms and conditions of the governmental user's permit subjects
the municipal user to the sanctions set out in Sections 5.20.490 through 5.20.620.
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5.20.280 Change of wastewater characteristics.
No wastewater discharge shall be commenced in which there has been a change of
characteristics which causes it to be different from that expressly allowed under the
permit issued, without notification to and approval by the Director. Upon such
notification, the Director, in his or her discretion, may require that a new application be
filed and new permit obtained before any wastewater discharge involving the changed
characteristics takes place.
5.20.290 Baseline monitoring reports.
(a) Within one hundred eighty (180) days after the effective date of a categorical
pretreatment standard, or one hundred eighty (180) days after the final administrative
decision on a category determination under 40 CFR 403.6(a)(4), whichever is later,
existing significant industrial users subject to such categorical pretreatment standards
and currently discharging to or scheduled to discharge to the municipal system shall be
required to submit to the City a baseline monitoring report (BMR) which contains the
information listed in subsection (b) of this Section. At least ninety (90) days prior to
commencement of their discharge, new sources, including existing users which have
changed their operation or processes so as to become new sources, shall be required
to submit to the City a report which contains the information listed in subsection (b) of
this Section. A new source shall also be required to report the method of pretreatment it
intends to use to meet applicable pretreatment standards. A new source shall also give
estimates of its anticipated flow and quantity of pollutants discharged.
(b) The information required by this Section includes:
GL
(C) A minimum of four (4) grab samples must be used for pH, cyanide, total
phenols, oil and grease, sulfide, and volatile organics. All other pollutants will be
measured by composite samples obtained through flow proportional sampling
techniques. If flow proportional composite sampling is infeasible, samples may be
obtained through time proportional sampling techniques or through four grab samples if
the user proves such a sample will be representative of the discharge.
(6) Special Certification. A statement, reviewed by an authorized representative of
the industrial user and certified to be a qualified professional, indicating whether
pretreatment standards are being met on a consistent basis, and, if not, whether
additional operation and maintenance (O &M) or additional pretreatment is required in
order to meet the pretreatment standards and requirements.
(7) Compliance Schedule. If additional pretreatment or O &M will be required to
meet the pretreatment standards, the shortest schedule by which the industrial user will
provide such additional pretreatment or O &M. The completion date in this schedule
shall not be later than the compliance date established for the applicable pretreatment
standard. A compliance schedule pursuant to this Section must meet the requirements
set out in Section 5.20.220 of this Chapter.
(8) All BMRs must be signed and certified in accordance with Section 5.20.190.
5.20.300 Compliance deadline reports.
Within ninety days following the date for final compliance with applicable categorical
pretreatment standards, or in the case of a new source, following commencement of the
introduction of wastewater into the municipal wastewater system, any industrial user
subject to such pretreatment standards and requirements shall submit to the City a
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(c) SIUs subject to BMP based CPS, or other BMP based pollution prevention
alternative or local limit shall submit documentation on a semiannual basis to the
Director in order to determine compliance status of the SIU.
(d) All wastewater samples must be representative of the industrial user's
discharge. Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean and maintained in good working order at all times. The failure of an
industrial user to keep its monitoring facility in good working order shall not be grounds
for the industrial user to claim that sample results are unrepresentative of its discharge.
(e) An Industrial User subject to the reporting requirements in this section,
including reports associated with BMPs shall be required to retain records for three ( 3)
years related to monitoring activities and analytical results and shall make such records
available inspection and copying by the Director. This retention period of three (3) years
may be extended during the course of any unresolved litigation regarding the Industrial
User.
5.20.320 Report of changed conditions.
(a) Each industrial user is required to notify the Director of any planned significant
changes to the industrial user's operations or pretreatment systems which might alter
the nature, quality or volume of its wastewater.
(b) The Director may require the industrial user to submit such information as may
be deemed necessary to evaluate the changed condition, including the submission of a
wastewater permit application under Section 5.20.180, if necessary.
(c) The Director may issue a wastewater permit under Section 5.20.170 or modify
an existing wastewater permit under Section 5.20.220.
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(d) Within five (5) days following an accidental discharge, the user shall, unless
waived by the Director, submit a detailed written report describing the cause(s) of the
discharge and the measures to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of any expense, loss, damage,
or other liability which may be incurred as a result of damage to the system, natural
resources, or any other damage to person or property; nor shall such notification relieve
the user of any fines, civil penalties, or other liability which may be imposed by this
Chapter.
(e) Failure to notify the City of potential problem discharges shall be deemed a
separate violation of this Chapter.
(f) A notice shall be permanently posted on the user's bulletin board or other
prominent place advising employees whom to call in the event of a discharge described
in subsection (c) of this Section. Employers shall ensure that all employees who may
cause or suffer such a discharge to occur are advised of the emergency notification
procedure. In the event a substantial number of the discharger's employees use a
language other than English as a primary language, the notice shall be worded in both
English and the language or languages involved.
(g) At least every two (2) years the Director shall evaluate whether each significant
industrial user needs a slug control plan as required in 40 CFR 4032.8(F)(2)(V). The
user may be required to develop, submit for approval and implement such a plan.
(h) The Director may require any discharger to develop and submit for approval a
facility specific slug control discharge plan, or take such other action that may be
necessary to control slug discharges. Alternatively, the Director may develop such a
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pretreatment standards were violated, when the bypass will be corrected and
procedures taken to prevent another such bypass from occurring in the future.
0) Prohibition of Bypass. A bypass is prohibited unless:
(1) The bypass necessary and unavoidable, in order to prevent loss of life, injury
to persons, or severe property damage;
(2) There was no feasible alternative to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, and all adequate back -up equipment
was installed to prevent a bypass during normal periods of equipment downtime; and
(3) The industrial user submitted notice as required under paragraph (i) of this
section.
ypass, after considering the adverse impacts, if
(k) The Director may approve a b
the Director determines that the bypass meets the three conditions listed in paragraph
(J).
5.20.340 Reports from noncategorical users.
All industrial users not subject to categorical pretreatment standards and not
required to obtain a wastewater permit shall provide appropriate reports to the City as
the Director may require.
5.20.350 Timing.
Written reports will be deemed to have been transmitted at the time of deposit,
postage prepaid, into a mail facility serviced by the United States Postal Service.
5.20.360 Report following adoption of new City - Specific Pollutant Limitations.
Within one hundred eighty (180) days after promulgation of a new City- Specific
Pollutant Limitation and notification thereof by the Director to specific dischargers
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(2) The schedule shall provide for reporting increments of progress in the form of
dates for the commencement and completion of major events leading to the
construction and operation of any additional pretreatment necessary (e.g., hiring an
engineer, completing preliminary and final plans, executing contracts for major
components, commencing construction and completing construction).
(3) The discharger shall also submit a written progress report to the Director, not
later than fourteen days following each increment of progress date in the schedule and
the final date for compliance. That report shall state whether the discharger is in
compliance with the scheduled increment of progress. If compliance was not achieved,
the report shall state the date by which the discharger expects to comply with the
scheduled increment of progress, the reason for the failure to comply, and the steps
being taken by the discharger to maintain the established compliance schedule.
(4) The time limits specified in this Section for operation or maintenance
improvements or additional pretreatment may be extended by the Director.
5.20.370 Monitoring and sampling.
(a) Any discharger may be required by the Director, by permit or otherwise, to
engage in periodic monitoring and sampling of its discharge. Where a discharger is
required to monitor or sample, the discharger shall notify the Director by telephone at
least forty -eight (48) hours in advance of any monitoring or sampling to be done.
Notification shall include the date, time and location of the proposed monitoring or
sampling. Monitoring and sampling shall be carried out during a period of normal
operations. Prior to the commencement of any sampling or monitoring, the Director may
request that the discharger furnish to the Director a split sample and all supporting data
53
(e) The handling, storage and analysis of all samples taken for the
determination of the characteristics of wastewater discharged shall be performed by
laboratories certified by the State of California and in accordance with the procedures
established by the EPA pursuant to Section 304(a) of the Act and contained in 40 CFR,
Part 136, as amended. In the absence of a State certification process, the Director may
certify a laboratory to perform any necessary sampling and analysis.
(� If the industrial user is a SIU then the discharger shall follow all sampling
requirements set forth in 40 CFR Section 403.12(g).
(g) The Director may allow an industrial user subject to CPS to forego
sampling of a CPS if the industrial user has demonstrated through sampling and other
technical factors that the pollutant is neither present nor expected to be present in the
discharge, or is present at background levels similar to the incoming water with no
additional pollutants added by the discharger due to facility processes.
5.20.380 Additional reporting.
The Director may impose additional reporting requirements by permit condition or
otherwise.
5.20.390 Sample collection.
(a) Except as indicated in subsection (b) of this Section, wastewater samples
collected for purposes of determining industrial user compliance with pretreatment
standards and requirements must be obtained using flow proportional composite
collection techniques. In the event flow proportional sampling is infeasible, the Director
may authorize the use of time proportional sampling.
55
enter such property at any reasonable time and inspect the same and perform any duty
imposed upon the Director by this Chapter or other applicable law as follows:
(1) If the property is occupied, the Director shall first present proper credentials to
the occupant and request entry explaining the reasons therefor.
(2) If the property is unoccupied, the Director shall first make a reasonable effort to
locate the owner or other persons having charge or control of the property and request
entry, explaining the reasons therefor. If such entry is refused or cannot be obtained
because the owner or other person having charge or control of the property cannot be
found after due diligence, the Director shall have recourse to every remedy provided by
law to secure lawful entry and inspect the property.
(b) Notwithstanding subsection (a) of this Section, if the Director has reasonable
cause to believe that wastewater discharge conditions on or emanating from the
premises are so hazardous, unsafe or dangerous as to require immediate inspection to
safeguard the public health or safety, the Director shall have the right to immediately
enter and inspect the property, and may use any reasonable means required to effect
such entry and make such inspection, whether the property is occupied or unoccupied
and whether or not formal permission to inspect has been obtained. If the property is
occupied, the Director shall first present proper credentials to the occupant and demand
entry, explaining the reasons therefor and the purpose of the inspection.
(c) No person shall fail or refuse, after proper demand has been made upon that
person as provided in this Section, to promptly permit any inspection provided for by this
Section.
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total and unrestricted access thereto and use thereof by the discharger as a condition of
that discharger's permit. The Director may allow monitoring facilities to be constructed
off premises.
If the Director has been refused access to a building, structure or property or any
part thereof, and if the Director has probable cause to believe that there may be a
violation of this Chapter or that there is a need to inspect as part of a routine inspection
program of the City designed to protect the overall public health, safety and welfare of
the community, then upon application by the City Attorney, the Municipal Court Judge of
the City shall issue a search and /or seizure warrant describing therein the specific
location subject to the warrant. The warrant shall be served at reasonable hours by the
Director in the company of a uniformed police officer of the City. In the event of an
emergency affecting public health and safety, or if the industrial user consents,
inspections shall be made without the issuance of a warrant.
5.20.460 Public access to information.
Information and discharge data provided to the City by the discharger shall be
available to the public consistent with the California Public Records Act.
5.20.470 Confidentiality.
Any information, with the exception of discharge data as defined in 40 CFR Section
403 et seq., submitted to the City pursuant to this Chapter may be claimed by the
discharger to be confidential. Any such claim must be asserted at the time of
submission of the information to the City. The claim may be asserted by stamping the
words "confidential business information' on each page containing such information, or
by other means. However, if no claim is asserted at the time of submission, the City
(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;
RC) violations, defined here as those in which
(b) Technical Review Criteria (T
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;
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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 Shown 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
63
discharges, results in damage to or is otherwise detrimental to or adversely affects the
P.O.T.W., the storm drain system, or any waters of the State, said discharger shall be
liable to the City for reasonable costs necessary to correct that damage, detriment or
adverse effect, including, but not limited to, labor, material, inspection, transportation,
overhead and incidental expenses associated with the corrective action. The discharger
shall additionally be liable to the City for the reasonable costs of investigation by the
City arising from the unlawful discharge.
5.20.560 Industrial wastewater permit suspension or revocation order.
(a) The Director may suspend or revoke an industrial wastewater permit upon a
finding of:
(1) Failure to notify the City of significant changes to the wastewater prior to the
changed discharge;
(2) Falsifying self- monitoring reports;
(3) Tampering with monitoring equipment;
(4) Refusing to allow the City timely access to the facility premises and records;
(5) Failure to meet effluent limitations;
(6) Failure to pay fines;
(7) Failure to pay sewer charges;
(8) Failure to meet compliance schedules;
(9) Failure to complete a wastewater survey;
(10) Failure to provide advance notice of the transfer of a permitted facility;
(11) Violation of any pretreatment standard or requirement or any terms of the permit
or this Chapter;
65
investigative fees, in revoking the permit and disconnecting the connection, if
necessary, shall also be paid for by the discharger before issuance of a new industrial
wastewater permit.
(f) Any discharger whose industrial wastewater permit has been suspended or
revoked, or who has been served with a notice of an intended suspension or revocation
order, may appeal to a hearing examiner in accordance with Sections 6.16.010 et seq.
of this Code.
5.20.570 Disconnection of nonpermitted violators.
(a) The Director may disconnect any connection to the P.O.T.W. or storm drain
system of any person who has not been issued an industrial wastewater permit when
such disconnection is necessary in order to stop a discharge which is in violation of this
Chapter, or which presents an imminent hazard to the public health, safety, welfare or
local environment, or which either singly or by interaction with other discharges, is an
imminent hazard to the P.O.T.W., the storm drain system or the waters of the State, or
which places the City of Los Angeles in violation of its NPDES permit. Any discharger
notified of a disconnection shall immediately cease and desist the discharge of all
industrial wastewater to the P.O.T.W., the storm drain system or waters of the State.
(b) In the event a violation of this Chapter does not present an imminent hazard, the
Director may serve the discharger with a notice of an intended order of disconnection,
stating the reasons therefor, the opportunity for a hearing with respect thereto, and the
proposed effective date of the intended order.
67
this Chapter or any regulation or order promulgated thereunder, the Director shall report
such determination to the City Attorney, and the City Attorney may make application to
the Superior Court for an order enjoining the acts or practices or for an order directing
compliance. The City Attorney may seek the same relief upon the City Attorney's own
motion. As established in Health and Safety Code Section 25516, a permanent or
temporary injunction, restraining order, or other appropriate order may be granted upon
a showing that the business has engaged in, is engaged in, or is about to engage in the
challenged acts or practices.
5.20.600 Civil liability.
Any person that violates this Chapter shall be civilly liable to the City for each
violation in the amount of not more than five thousand dollars ($5,000) and not less than
one thousand dollars ($1,000) for each day in which the violation occurs. If the violation
results in, or significantly contributes to, an emergency, the person shall also be
assessed the full cost of the emergency response, cost of repairs to public facilities, and
cost of cleaning up and disposing of any hazardous materials.
5.20.610 Criminal prosecution.
Any person who violates any provision of this Chapter, any applicable
wastewater discharge permit condition, or order issued pursuant to this Chapter, or any
other pretreatment standard or requirement shall, upon conviction,. be guilty of a
misdemeanor. Violation of any provision of this Chapter shall be considered strict
liability; accordingly, the prosecution shall not be required to prove criminal intent or that
the violator meant to violate any provision of this Chapter.
.•
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion.
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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Reference:
Ordinance No. 2461
(CCS)