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HomeMy WebLinkAboutOrd. 1420-2010ORDINANCE NO. 14 0- 2010 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE AMENDING CHAPTER 14.08 OF THE SOUTH SAN FRANCISCO MUNICII'AL CODE, TO INCLUDE THE STREAMLINING PROVISIONS REQUIRED BY THE FEDERAL PRETREATMENT REG~tJL.A"LIONS AND TO UPDATE REQUIREMENTS RELATEIp TO THE DISCHARGE OF FATS, OILS, AND GREASE (FOG) INTO THE SANITARY SEWER COLLECTION SYSTEM. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. AMENDMENTS. Chapter 14.08 shall be deleted and replaced with the following: (chapter 14.08 WATER QUALITY CONTROL 14.08.010 Purpose and intent. This chapter sets forth uniform requirements for direct and indirect contributors into the POTW for the city of South San Francisco and enables the city to comply with all applicable State of California laws (Water Code Section 1300 et seq.) and federal laws required by the Clean Water Act of 1977 (33 U.S.C. Section 1251 et seq.) and the General Pretreatment Regulations (40 CFR, Part 403). The objectives of this chapter are: (a) To prevent the introduction of pollutants into the POTW which will upset or interfere with the operation of the POTW or contaminate the :resulting sludge; (b) To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the POTW; (c) To improve the opportunity to recycle aid reclaim wastewaters and sludges from the POTW; (d) To provide for equitable distribution of the cost of the POTw'; and (e) To prevent the exposure of workers at the PO'CW to chemical hazards. This chapter provides for the regulation of direct and indirect dischargers to the POTW through the issuance of permits to certain nondomestic users and through enforcement of general requirements for all users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not: be preempted, and provides for the setting of fees for the equitable distribution of costs. This chapter shall apply throughout the city of South San Francisco and to persons outside the city who are, by contract or agreement with the city, users of the POTW. Except as otherwise provided herein, the superintendent of the POTW shall administer, implement, and enforce the provisions of this chapter. 14.08.020 Abbreviations The following abbreviations, when used in this chapter, shall have the designated meanings: BOD -Biochemical Oxygen Demand BMP -Best Management Practice BMR -Baseline Monitoring Report CFR -Code of Federal Regulations CILJ -Categorical Industrial. User COD -Chemical Oxygen Demand EPA - U.S. Environmental Protection Agency gpd -gallons per day IiJ -Industrial User mg/1-milligrams per liter NPDES -National Pollutant Discharge Elimination System NSCN -Non-Significant Categorical Industrial User POTW -Publicly Owned Treatment Works RCRA -Resource Conservation and Recovery Act SIIJ -Significant Industrial User SNC -Significant Noncompliance TSS -Total Suspended Solids L1.S.C. -United States Code 14.08.030 Definitions. "Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. Section 1251 et seq., as amended. "Authorized representative" means (1) If the user is a corporation: (a) The president, secretary, treasurer, or a vice-presidlent 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, produ~tio:n, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duly of making major capital investment recommendations, and initiate and direct other compirehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) If the user is a partnership or sole proprietorship: ageneral partner or proprietor, respectively. (3) If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. (4) The individuals described in paragraphs 1 through 3, above, may designate a duly authorized representative if the authorization is in writing, the author:ization 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 written authorization is submitted to the city. "Best Management Practices" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States and to implement the discharge prohibitions set forth in Section 14.08.210. BMPs also include treatment requirementsy operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procE;dure, five days at twenty degrees centigrade expressed in terms of weight and concentration as milligrams per liter. "Categorical pretreatment standard" or "categorical stanndard'" means any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. "Categorical industrial user" means an industrial user subject to a categorical pretreatment standard or categorical standard. "Chemical oxygen demand (COD)" means the equivalent quantity of oxygen utilized during oxidation of organic and inorganic matter in wastewater under the conditions of the COD test described in standard methods, expressed in milligrams per liter. "City" means the City of South San Francisco. "Contamination" means impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning, or through the spread of disease. "Cooling water" means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. "Daily maximum" means the arithmetic average of all effluent samples for a pollutant collected during a calendar day. "Daily maximum limit" means the maximum allowabile discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic ;average measurement of the pollutant concentration derived from all meaisurem.ents taken that day. "Department of Environmental Services" means the San Mateo County Department of Environmental Services, or any successor. "Discharge" means the direct or indirect introduction of pollutants or wastewater into the POTW or the waters of the state. "Domestic or residential premises" means asingle-family, duplex or multiple- family dwelling. "Environmental Protection Agency (EPA)" means the U.S. Environmental Protection Agency, or one of its duly authorized officials. "Existing source" means any source of discharge that is not a new source. "Garbage" means solid wastes from the preparation, cooking and dispensing of foods, and from the handling, storage and sale of produce. "Properly .ground garbage" is the waste from the preparation, cooking and dispensing of foods which halve been ground to such a degree that all particles maybe carried freely under the flow conditions normally prevailing in public sewers. "Grab sample" means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and over a period bf time not to exceed fifteen (15) minutes. "Grease" means greases, oils, fats, fatty acids, waxes, sc-aps or other matter which is so determined in accordance with the standard methods examination for grease in polluted waters. "Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks. "Indirect discharge" means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b), (c) or (d) of the Act, into the POTW (including holding tank waste discharged into the system). "Industrial user" means a source of indirect discharge. "Industrial waste" means the gaseous, liquid and solid wastes from any producing, manufacturing or personal service industries, or from any processing operation of whatever nature, including the washing of vehicles, machines and' equipment. "Inflow" means water other than wastewater that enters a sewer system from sources, such as but not limited to, roof leaders, cellar drains, yard drain, area drains, drains from springs and swampy areas, manhole covers, cross connections bettaveen storm sewers and sanitary sewers, catch. basins, cooling towers, storm waters, surface r~znoff, street wash waters, for drainage. Inflow does not include, and is distinguished from, infiltration as defined in 40 CFR 35.2005. "Instantaneous limit" means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and therefore, causes or threatens to cause a violation of the POTW's NPDES permit or prevents sewage sludge use or disposal in compliance with Section 405 of the Act, the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sa~ctuar~ies Act. "Local limit" means specific discharge limits developed arld eni~orced by the city upon industrial or commercial facilities to implement the general and specifics discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b) and Section 14.08.210. "Mass emission rates" means pounds per day in waste or waste discharge of designated materials. "Medical waste" means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. "Moderate industrial user" means an industrial user whp is raot a significant industrial user yet requires periodic inspection and/or monitoring to verify coanpliance with current local limits. "Monthly average" means the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month. "Monthly average limit" means the highest allowable aveerage of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that monthh. "National Pollution Discharge Elimination System (NPDES) Permit" means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). "Natural outlet" means any outlet into a watercourse, pond, ditch, lake, bay, ocean or other body of surface water, or into the groundwater. "New source" means any building, structure, facility or installation from which there is, or may be, a discharge of pollutants, the construction of which began after the publication of proposed pretreatment standards pursuant to Section 307(c) of tk~e Act which will be applicable to such source if such standards are promulgated, provided that: (a) the building, structure, facility or installation is con~tructe~.d at a site at which no other source is located; or (b) the building, structure, facility or installation totrally replaces the process or production equipment that causes the discharge of pollutants at an dxisting source; or (c) the production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be; considered. Construction on a site at which an existing source is located results in a modification rather than a. new source if the construction does not create a new'building, structure, facility or installation meeting the criteria of paragraph (b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment. Construction of a new source as defined under this paragraph has commenced if the owner or operator has; (a) begun, or caused to begin, as part of a continuqus onsite construction program (i) any placement, assembly or installation of facilities or equipment; or (ii) significant site preparation work including clearing, excavation, or removal of existing buildings, structures or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (b) entered into a binding contractual obligation for the jpurchase of facilities or equipment which are intended to be used in its operation within a rep onable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. "Noncontact cooling water" means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.. "Pass through" means discharge through the POTW to waters of the United States which, alone or in conjunction with discharges from other sources, clauses or threatens to cause a violation of the POTW's NPDES permit. "Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint. stock company, trust estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. "pH" means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. "Pollution" means the manmade or man-induced alteration. of the chemical, physical, biological or radiological integrity of water. "Pollutant" means any dredged spoil, solid waste, incinerator residue, filter. backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, industrial wastes, municipal wastes or agricultural wastes discharged into water. ":Pretreatment or treatment" means the reduction of thee. amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or by other means, except as prohibited by 40 CFR Section 403.6(d). "Pretreatment program" means a program to protect the POTW, its workers and the environment from adverse impacts that may occur when hazardous or toxic wastes are discharged into the POTW. "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard imposed on an industrial user. "Pretreatment standards" includes categorical pretreatment standards, prohibited discharge standards, and local limits. "Prohibited discharge standards or prohibited discharges" means absolute prohibitions against the discharge of certain substances which are set forth in Section 14.08.210. "Publicly owned treatment work (POTW)" means a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the cities of South San Francisco and San Bruno. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any sewers, pipes and other conveyances that convey wastewater to a treatment plant. For the purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the plant from persons outside the city, who are, by contract or agreement with'the city, users of the city's POTW. "Sanitary sewage" means domestic or domestic- like sewage. "Sewage" (see wastewater) means water-carried and ..liquid. wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters, surface waters, and stormwaters as maybe present, or any combination of such wastes and waters. "Sewer" means a pipe or conduit for carrying water, sewage and/or wastewater; and the following: (1) "Building sewer" means a sewer conveying wastewater from the premises of a user to a public sewer. (2) "Public sewer" means a sewer which i~ controlled by the city or other public agency. (3) "Sanitary sewer" means a sewer for dorr~estic, commercial anal industrial waste to which stormwaters, surface waters and groundwaters ark not intentionally admitted. (4) "Side sewer" means a sewer conveying the wastewater of a discharge from a residence, building or other structure to a public sever, including direct: connections where permitted. (5) "Storm sewer" means a sewer which carries storm and surface waters but from which sewage and polluted industrial, commercial and institutional wastes are required to be excluded. "Significant industrial user" means (1) All categorical industrial users; (2) Any noncategorical industrial user that (A) discharges an average of twenty-five thousand gallons or more per day of process wastewater to the POTW; or (B) contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; o)- (C~) has a reasonable potential, in the opinion of the city, to adversely affect the POTW's operation (i.e., inhibition, pass through of pollutants, sludge contamination, or endangerment of >~OTW' and collection system workers) or for violating any pretreatment standard or requirement. (3) The city may determine that an industrial user subject to categorical pretreatment standards is anon-significant categorical industrial uses rather than a SIU on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater to the POTW (excluding sanitary, non-contact cooling end boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met: (a) The industrial user, prior to the city's finding, has consistently complied with all applicable categorical pretreatment standards and requirements; (b) The industrial user annually submits the certification statement required in Section 14.08.200(e)(2), together with any additional information necessary to support the certification statement; and (c) The industrial user never discharges any untreated concentrated wastewater. "Slug load" or "slug discharge" means any discharge at ~ flow rate or concentration, which could cause a violation of the prohibited discharge standards in !Section 14.08.210 of this chapter. A slug discharge is any discharge of anon-routine, episodic nature, including but not limited to an accidental spill or anon-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions. "Standard industrial classification (SIC)" means a classification pursuant to the Standard Industrial Classification Manual issued by the Execultive Office of the President, Office of Management and Budget, 1972, or any successor. "Standard methods" means the latest EPA approved edition of "Standard Methods for the Examination of Water and Wastewater" prepared anct published jointly by American Public Health Association, American Water Works Association, and the Water Pollution Control Federation on methods deemed equivalent by the superintendent and the Regional Water Quality Control Board, San Francisco Bay Region, herein refereed to for definitions, laboratory procedures of analysis, tests (including test samples) anc( measurements. "Stormwater" means any flow occurring during or following any form of natural precipitation and resulting therefrom. "Superintendent" means the superintendent of the POT~VV who is charged with certain duties and responsibilities by this chapter, or the superintendent's ~.uthorized representative. "Total suspended solids" or "suspended solids" means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering. "Toxic pollutant" means any pollutant or combination pf pollutants listed as toxic in regulations promulgated by the EPA under the provision of Section 307(a) of the Act (33 U.S.C. 1317) or other acts. "Upset" means an incident in which one or more poll~itants cause the removal efficiency for a treatment process at the POTW to be dramatically reduced. "User " means any person who discharges, causes or permits the discharge of wastewater into the POTW, including but not limited to, industrial users. "Waste" means all waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, personal service industry, or processing operation of whatever nature. "Wastewater" means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the POTW. "Wastewater discharge permit" or "permit" means an 'SICf permit, a moderate industrial user permit or other permit issued to a user pursuant to this chjapter. "Water quality control plant" means that portion of the PO'I'W which is designed to provide treatment of wastewater. "Waters of the state" or "watercourse" means all strearns, lal<:es, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigations 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 upo~h the state or any portion thereof. 14.08.100 Wastewater discharge permits. (a) It is unlawful to discharge without a permit in t:o any natural outlet within the city or into the POTW any wastewater except as authorized lby the superintendent in accordance with the provisions of this chapter. (b) All. significant industrial users proposing to discharge wastewater to the POTW shall obtain a wastewater discharge permit from the snperintendent before discharging to any public sewer. Moderate industrial users maybe required to obtain a permit as deemed necessary by the superintendent. (c) Users required to obtain a wastewater discharge permit shall complete and file with the city an application in the form prescribed by tl~e city, accompanied by a fee as set forth in the city's master fee schedule. Proposed new users shall apply for a permit at least ninety days prior to the date upon which any discharge will begin. Users shall be classified as either residential, institutional, commercial, or industrial. In support of the application, the users shall submit, in units and terms appropriate for evaluation, the following information: (1) Name, mailing address, and location bf use (if different from the address), business license number and expiration date; (2) SIC number according to the Standard Industrial Classification Manual; (3) Wastewater constituents and characteristics as determined by a reliable analytical laboratory. Sampling and analysis shall be performed i~ accordance with procedures established by the EPA pursuant to Section 304(8) of the Act (33 U.S.C. 1314) and contained in 40 CFR, Part 136; (4) Time and duration of discharge; (5) Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any; (6) Site plans, floor plans, mechanical and phimbing plans and details to show all sewers, sewer connections, and appurtenances by the side, l.oc;ation and elevation; (7) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged; (8) Where known, the nature and concentrajtion of any pollutants in the discharge which are subject to any pretreatment standards, and a statement, signed by an authorized representative of the use and certified to be a qualified professional, regarding whether or not the pretreatment standards are being met on a consistenit basis and if not, whether additional operation and maintenance or additional pretreatment is required for the user to meet applicable pretreatment standards. (9) If additional pretreatment operation and maintenance will be required to meet the pretreatment standards the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shad not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule: (i) The schedule shall contain increrr~ents of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, complleting final plans, executing contract for major components, commencing construction, completing construction, etc.). (ii) No increment referred to in paragraph (i) of this subdivision shall exceed nine months. (iii) Not later than fourteen days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the superintendent including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with phis increment of progress, the reason for the delay, and the steps being taken by the user to 'return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the superintendent. (10) Each product produced by type, amount, process or processes and rate of production; (11) Type and amount of raw materials processed (average and maximum per day); (12) Number and type of employees, hours of operation of plant and proposed or actual hours of operation of pretreatment system; (13) A baseline monitoring report (BMR) mist be submitted, in compliance with, and containing all the information required by, 40 CFR 403.12 (b); and (14) Such other information as may be deerrved by the superintendent to be necessary to evaluate the permit application. The BMR, ninety-day compliance reports, and peripdic; compliance reports for categorical industrial users must be signed by the appropriate officaal as specified in 40 CFR 403.12(1), and contain the certification statement in 40 CFR 403.6(a)(2)(ii). 14.08.110 Sewer design and construction. All new sewers and connections to new and exiisting sewers shall be properly designed and constructed to prevent inflow and in accordance v~ith the Uniform Building Code then in effect and other applicable city ordinances. Any new connections from inflow sources into the POTW are prohibited. The applicant for a permit to consitruct sewers or connections shall furnish the chief building inspector with a copy of the wastewater discharge permit. 14.08.120 Permit modifications. Wastewater discharge permits subject to the categorical pretreatment standards will. be modified by the city, as soon as possible, subsequent to a change in federal standards. Where a categorical user has not previously submitted an application for a wastewater discharge permit, the user shall apply for a wastewater discharge permit within one hundred eighty days after the promulgation of the applicable categorical pretreatment standard. In addition, a user with an existing wastewater discharge permit shall submit to ,the superintendent within one hundred eighty days after the promulgation of an applicable federal categorical pretreatment standard the information required by Section 14.08.100. 14.08.130 Permit conditions. (a) Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user chajrges, and fees established by the city. Commercial and industrial users must maintain a current city business license. (b) Permits must contain the following provisions: (1) Effluent limits, including best malnagement practices, based on applicable pretreatment standards; (2) The duration of the permit; (3) A statement that the permit is nontransferable without prior notification to the city and provision of a copy of the permit to the new owner or operator; (4) Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, sampling type ba~!ed on Federal, State and local law; (5) The process for seeking a waiver from. monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 14.08.190(d); (6) Requirements to control slug discharge, if determined by the superintendent to be necessary; (7) A statement of applicable civil and criminal penalties for violation of pretreatment standards; and (8) Any applicable compliance schediules. (c) Permits may contain additional provisions, including but not limited to: (1) Limits on average and maxiraium rate and time of discharge or requirements for flow regulations and equalization; (2) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices designed to reduce, eliminate or prevent the introduction of pollutants into the POTW; (3) Requirements for the development anal implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges; (4) Requirements for the development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW; (5) The unit charge or schedule of u$er charges and fees for the management of the wastewater discharged to the POTW; (6) Requirements for installation anc~ maintenance of inspection, monitoring and sampling facilities and monitoring equipment; (7) A statement that compliance wuth the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with applicable pretreatment standards, including those that become applicable during the term of the individual wastewater discharge permit; (8) Requirements for notification to the city of any increased contributions of pollutants, changes in the nature of pollutants, or of any introduction of new wastewater constituents where such contributions would cause the IPOTW to violate its NPDES permit. In compliance with 40 CFR 403.12 (j), all IUs must notify the city prior to any increased contributions of pollutants, or changes in the character of pollutants in their discharges, including hazardous wastes; and (9) Other conditions as deemed appropriate by the superintendent to ensure compliance with this chapter, and State and Federal law$, rules and regulations. (d) The superintendent or the superintendent's designee may amend the terms and conditions of a wastewater discharge permit or add n~'w and different terms and conditions to meet the requirements of applicable federal and state statutes, city ordinances and administration orders issued pursuant thereto. 1.4.08.140 Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or maybe stated tp expire on a specific date. The user shall apply for permit reissuance a minimum of ninety days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in a permit at least thirty days prior to the effective date of change. Any changes or new 'conditions in the permit shall include a reasonable time schedule for compliance. 14.08.150 Permit transfer. Wastewater discharge permits are issued to a $peciiic user for a specific operation. A wastewater discharge permit shall not be reassigned or'transierred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city. Any succeeding owner or users shall also comply with the terms and conditions of the existing permit. 14.08.160 Permit classifications. Waste discharge permits shall. be issued to applicable users and levied applicable fees as provided for in this Chapter and shall be classified as follows: (a) SIU Permit. An SN permit shall be issued to all signi~icaazt industrial users. SIU permit holders are regulated in accordance with the requirements specified in the pretreatment regulations, 40 CFR Part 403 and 40 CFR Chapter I, Subchapter N, Parts 405-4'71, as amended, and this Chapter. (b) Moderate Industrial Users Discharge Permit. A moderate industrial user permit shall be issued, at the discretion of the superintendent, to any user whd is not a significant industrial user, yet requires periodic inspection and/or monitoring to verify compliance with this chapter. A moderate industrial user permit may be required for discharge of industrial waste from stationary sources, trucked wastes, contaminated groundwater, and other industrial wastes approved by the superintendent for discharge to the sanitary sewer. 14.08.170 Reporting and record-keeping requirements for permittee. (1) In order to effectively administer and eniforce the provisions of this chapter, the superintendent may require any discharger to comply with any or all the following requirements: a. Discharge Reports. The superintendent may require a user to submit discharge reports, including but not limited to questionnaires, technical replorts, sampling reports, and test analyses, and periodic reports of wastewater discharge. When a report filed by a person pursuant to this section is not adequate in the judgment of the superintendent, he may require such person to supply such additional information as the superintendent deems necessary. The discharge report may include, but is not limited to, the nature of the process, volume and rates of wastewater flow, elements, constituents, and characteristics of the v~astewater, together with any information required in an application for wastewater discharge perrr~it. b. Baseline Monitoring Report. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever ~s later, each categorical industrial user currently discharging or scheduled to discharge to the P~TW shall submit a baseline monitoring report (BMR) to the superintendent that complies with the requirements set forth in 40 CFR 403.12(b), which is incorporated by reference i#~to this chapter. At least 90 days prior to commencement of discharge, new sources and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard shall submit to the superintendent a BMR that complies with the requirements set forth in 40 CFR 403.12(b). c. Periodic Compliance Reports. All significant industrial users must submit to the superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the superintendent, a reporlt indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge. At the discretion of the superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the superintendent may agree to alter the months during which the above reports are submitted. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required! by the superintendent or the pretreatment standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with Section 1~.08.200(e) of this chapter. d. Compliance Schedule for the Installation of Technology. The city may require each user to develop a compliance schedule for the installation of technology to meet applicable pretreatment standards or requirements that complies v~tith the requirements set forth in 40 CFR 403.12(c). The compliance schedule for the installation of technology is not conditioned on the determination of violations. Any user required to subm~t a compliance schedule to the city shall submit progress reports to the city in accordance with 4(~ CFR_ 403.12(c)(3). e. Report on Compliance with Categorical Deadline. Within 90 days after the final date for compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the discharge, all categorical industrial users shall submit to the superintendent a report containing the information set forth in paragraphs b(4)-(6) of 40 CFR 403.12. For categorical industrial users subject to equivalent mass or concentration limits established by the superintendent, the report shall contain a reasonable measure of the user's long-term production rate. For categorical industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report shall include the user's actual production during the appropriate sampling period. f. Notice of Violation/ Resampling Report. If sapling by a user indicates a violation, the user shall notify the city within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis (following the guidelines in the Enforcement Response Plan) and submit the results of the repeat analysis to the city within 30 days of becoming aware of the violation. Resampling by the industrial user is not required if the city performs sampling at the industrial user's facility at least once per month or the city performs sampling at the industrial user's facility between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling. Within forty five (45) days of detecting such violation., the user shall, unless waived by the city, submit a detailed wlritten 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 POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of ahy fines, penalties, or other liability which maybe imposed pursuant to this chapter. g. Slug Control Plan. The city shall determine whether each significant industrial user needs a plan to control slug discharges. If the superintendent determines such a plan is required, the significant industrial user shall submit a plan containing at a minimum the following elements: (A) description of discharge practices, incluuding non-routine batch discharges; (B) description of stored chemicals; (C) procedures for ...immediately notifying the city of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5 (b), with procedures for follow-up written notification within five, days; and (D) if necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage area, handling and transfer of materials, loading and unloadinjg operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures alnd equipment for emergency response. h. Notice of Potential Problems. All industrial users shall notify the city immediately of any discharges that could cause problems to the POTW, including any slug loadings i. Notification of Changed Conditions. All industrial users shall promptly notify the city in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under paragraph j below and any changes affecting the potential for a slug discharge. j. Notification of Hazardous Waste Discharge. (1) All industrial users discharging any substance which, if otherwise disposed of, would be a hazardous or acutely hazardous waste under 40 CFR part 261, must comply with the notification requirements in 40 CFR 403.12(p)(1) and (3) unless exempted under the provisions of 40 CFR 403.12(p)(2). Any written notification required by this paragraph shall be provided to the city the EPA Regional Waste Management Division Director, and state hazardous waste authorities. (2) In the case of any notification made under section (1) above, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. The city may accept a copy of a hazardous waste reduction or minimization plan otherwise required by law, as compliance with this requirement. k. Other Reports. The city may require any other reports, as deemed necessary by the superintendent, to determine a user's compliance status with this chapter and federal and state laws. (2) The city may reduce the requirement fob periodic compliance reports set forth in Section 14.08.170.1.c to a requirement to report no less fitequently than once a year, unless required more frequently by a pretreatment standard or by the State, where the industrial user's total categorical wastewater flow does not exceed any of the fallowing: (1) 0.01 percent of the POTW's design dry-weather hydraulic capacity or five thousand (5,000) gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches. (2) 0.01 percent of the design dry-weather organic (BOD or TSS) treatment capacity of the POTW; and (3) 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard. for which approved local limits were developed in accordancd with Section 14.08.220(a) of this chapter. Reduced reporting is not available to industrial users that have in the last two (2) years been in significant noncompliance, as defined in Section 14.08.200 (b) of this chapter. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the superintendent, decreasing the reporting requirement for the industrial user would result in date that are not representative of conditions occurring during the reporting period. (3) Record-keeping requirements. Users subject to the reporting requirements of this Section shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best malnagement practices. Records shall include the date, exact place, method, and time of sampling, ajnd the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automlatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the superintendent. 14.08.180 Monitoring facilities and programs. (a) The superintendent may require users to conduct and maintain monitoring programs as a means of controlling the quantity and qu'~ality of the discharge so that discharges comply with the provisions of this chapter. The monitoring program shall consist of test samples and analyses, the frequency and type of which shall be specified by the superintendent. Upon demonstrating to the superintendent that the user has the necessary qualifications and equipment to conduct the monitoring program or that the user has retained the services of a qualified consultant or laboratory so certified by the State Department of Public Health, the user may conduct this monitoring program. The user shall submit monitoring reports to the superintendent monthly unless the superintendent determines a different frequency for the periodic monitoring reports, in which case the superintendent shall specify tie report frequency to the user by written notice, stating the reasons therefor. If the user fails, reuses or neglects to conduct and maintain the required monitoring program, or does not have qualified personnel and equipment therefor, or does not have the services of a qualified consultant or laboratory so certified by the State Department of Public Health, then the superintendent may establish a monitoring program with city personnel if available or with services of a qualifiedd consultant or laboratory so certified by the State Department of Public Health, the cost of which shall be charged to the user and/or parcel owner. (b) The city may require, to be provided wind operated at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed~~ off-premises. There shall be ample room in or near such sampling manhole or facility to allo`pv accurate sampling and preparation of samples for analysis. The facility, sampling, and measuiring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. The sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction shall be completed within ninety days following commencement. (c) Monitoring and analysis to demonstrate continued compliance. (1) Except in the case ofnon-significant categorical users, the reports required by Section 14.08.170(1) (b, c, e, f, and k) shall contain the results Qf sampling and analysis of the discharge, including the flow and the nature and concentration, or iproduction and mass where requested by the superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. This sampling and analysis mad be performed by the city in lieu of the industrial user. Where the city performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under Section 14.08.200(e). In addition, where the city itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report. (2) The reports required in Section 14.08.170 (b, c, e, f, and k) must be based upon data obtained through appropriate sampling and analysis per~lormed during the period covered by the report, which data are representative of conditions occurring during the reporting period. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite Samples must be obtained through flow- proportional composite sampling techniques, unless thine-proportional composite sampling or grab sampling is authorized by the superintendent. Whe~te time-proportional composite sampling or grab sampling is authorized by the superintendent, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide;, total phenols, and sulfides the samples may be composited in the laboratory or in the field; fog volatile organics and oil & grease the samples may be composited in the laboratory. Corlnposite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the superintendent, as appropriate. In' addition, grab samples may be required to show compliance with instantaneous limits. (3) For sampling required in support of baiseline monitoring reports and 90-day compliance reports required by Section 14.08.170(1) (b) and (e), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the superintendent may authorize a lower minimum. For the reports required by paragraphs (c), (f) and (k) of Section 14.08.170(1), the user shall collect the number of grab samples necessary to assess aid assure compliance with applicable pretreatment standards and requirements. (4) All analyses shall be performed in accordance with procedures established by the EPA pursuant to section 304(h) of the Act and containled in 40 CFR part 136 and amendments thereto or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA. ~JVhere 40 CFR part 136 does not include sampling or analytical techniques for the pollutants in question, or where the EPA determines that the part 136 sampling and analytical technique$ are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the superintendent or other parties, approved by the EPA. (5) If an industrial user subject to the reporting requirement in paragraph (c) or (o) of Section 14.08.170 monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city, using the procedures prescribed in paragraph (4) of this section, the results of this monitoring shall be included vn the report. 14.08.190 Inspection and sampling. (a) The city shall inspect as the superintendent deems necessary, the facilities of any user to ascertain whether the purpose of this chapter is'being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any duties. The city and personnel from other governmental agencies shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards sp that upon presentation of suitable identification, personnel from the city and other governmental agencies will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (b) The superintendent may require any nonresidential user to construct, at the user's own expense, a sampling facility or inspection manhole, taogether with necessary related measuring and sampling equipment, in accordance with construction standards and specifications of the city. The sampling facility, or well, or inspection manhole, shad be constructed on the lateral side sewer of the user and installed at a point where the sampling well intercepts all wastes from the discharging source. The well shall also be within a clew easement area at a location which will permit the city access to the facility at all times. Construction shall be completed within sixty days of written notification from the superintendent, unless such time is extended by the superintendent for good cause. The superintendent may require the user to install such sampling facilities or inspection manholes on each lateral sewer. (c) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be proplerly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim ghat sample results are unrepresentative of its discharge. (d) The city may authorize a categorical industrial user to forego sampling of a pollutant regulated by a categorical pretreatment standard 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 only at background levels firom intake water and without any increase in the pollutant due to activities of the industrial user. Thtis authorization is subject to the following conditions: (1) The waiver may be authorized when a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated bye an applicable categorical standard and otherwise includes no process wastewater. (2) The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than 5 years. The user must submit a new request for the waaiver before the waiver can be granted for each subsequent individual wastewater discharge permit. (3) In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that i~ representative of all wastewater from all processes. (4) The request for a monitoring waiver must be signed by an authorized representative, and include the certification statement in 14.08.200(e) (40 CFR 403.6(a)(2)(ii)). (5) Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis. (6) Any grant of the monitoring waiver b~ the superintendent must be included as a condition in the user's permit. The masons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the superintendent for 3 years after expiration of the waiver. (7) Upon approval of the monitoring wailer and revision of the user's permit by the superintendent, the industrial user must certify on each report with the statement in Section 14.08.200(e), that there has been no increase in the pollutant in its wastestream due to activities of the industrial user. (8;) In the event that a waived pollutant i$ found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring, requirements of Section 14.08.170(1)(c), or other more frequent monitoring requira~nents imposed by the superintendent, and notify the superintendent. (9) This provision does not supersede .certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard. 14.08.200 Pretreatment compliance. (a) Users shall provide necessary wastewater treatment as required to comply with this chapter and. shall achieve compliance with all ,pretreatment standards within the time limitations specified by the EPA, State or the superintendent, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user's expense. Detailed' plans showing the pretreatment facilities and operating procedures shall be approved by the city before construction of the facility. The review of such plans and operating procedures wild' in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter or regulations promulgated by the superintendent in accordance with this chapter. Any subsequent changes ~n the pretreatment facilities or method of operation shall be reported to, and approved by, the city prior to the user's initiation of the changes. (b) The superintendent shall publish annually,. in a newspaper of general circulation. that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous twelve (12) montlhs, were in significant noncompliance with applicable pretreatment standards and requirements as specified in 40 CFR 403.8 (f j(2)(vii) and additional requirements as specified below. The term significant noncompliance shall be applicable to all significant industrial users (or any other industriaP user that violates paragraphs 1-13 of this Section) and shall mean: 1. Chronic violations of wastewater ,discharge limits, defined here as those in which sixty-six percent of all of the measurements taken for the same pollutant parameter during a 6- month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3 (1). 2. Technical Review Criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements talon for the same pollutant parameter during a 6-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC= 1.4 for BOD, TSS, faits, oil and grease and 1.2 for all other pollutants except pH). 3. Any other violation of a pretreatmient standard or requirement as defined by 40 CFR 403.3 (1) (daily maximum, longer term average, instantaneous limit, or narrative standard) that the POTW determines has causied, alone or in combination with other discharges, interference or pass through (inclulding endangering the health of POTW personnel or the general public). 4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment or liras .resulted in the POTW's exercise of its emergency authority under Section 14.08.450 to Malt or prevent such a discharge. 5. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance. 6. Failure to accurately report non-compliance. 7. Failure to provide within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules. 8. Prohibited discharges that create ~ fire or explosion hazard, including waste streams with a closed cup flash point of less than ~ 40° F (60° C). 9. Prohibited discharges of petroleLnn oil, non-biodegradable cutting oil, or products of mineral origin in amounts that cause interference or pass through. 10. Prohibited discharges that result in toxic gases, fumes, or vapors in a quantity capable of causing worker health and safety problems. 11. Prohibited discharges having a temperature which inhibits biological activity in the POTW resulting in interference. 12. Prohibited discharges of wastes dr wastewater containing any radioactive material, except in compliance with applicable State and Federal regulations. 13. Any other violation or group of violations that the superintendent determines will adversely affect the operation or implementathon of the city's pretreatment program. (c) All records relating to compliance with pretreatment standards shall be made available to city, state and federal officials upon request. (d) The city may seek injunctive relief for noncompliance by industrial users with pretreatment standards and requirements, and may seek additional penalties pursuant to 40 CFR 403.8 (f)(1)(vi)(A). (e) Certification Statements 1. Certification of Permit Applications, User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 14.08.100; uses submitting baseline monitoring reports under Section 14.08.170(1)(b); users submitting repots on compliance with the categorical pretreatment standard deadlines under Section 14.08.170(1)(e); users submitting periodic compliance reports required by Section 14.08.170(1)(c), and users submitting an initial request to forego sampling of a pollutant on the basis of Section, 14.08.190(d) The following certification statement must be signed by an authorized representative ras defined in Section 14.08.030: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or plersons who manage the system, or those persons directly responsible for gathering (he information, the information submitted is, to the best of my knowledge and belie, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for kmowing violations. 2. Annual Certification for Non-Significant .Categorical Industrial Users. A facility determined to be anon-significant categorical industrial user by the superintendent pursuant to Sections 14.08.030 must annually submit the following certification statement signed by an authorized representative. This certification must accompany an alternative report required by the superintendent: Based on my inquiry of the person or plersons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR , I certify that, to the best of my knowledge and belief that during the period from/to [months, days, year] (a) The facility described as [facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 14.08.030; (b) The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; anal (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based on the following information: 3. Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on Section 14.08.190(d) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the User. Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR _ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 14.08.170(1)(c). 14.08.210 General discharge regulations. (a) Sanitary sewage shall be discharged only into public sanitary sewers, except as otherwise provided. The discharge of any trucked or hauled waste or pollutant is prohibited, except at points designated by the superintendent. It is unlawful to discharge sewage into any storm sewer. (b) It is unlawful to discharge or cause to Ybe discharged directly or indirectly, any pollutant or wastewater into any storm sewer or into any sewage facility which will interfere with the operation or performance or pass through of the POTW. These general prohibitions apply to all users whether or not the user is subject to categorical pretreatment standards or any other national, state, or local pretreatment standards 'or requirements. The discharge of the following is prohibited: (1) Any wastestreams with aclosed-cup fl~ hpoint of less than one hundred forty degrees Fahrenheit or sixty degrees Celsius (using the test methods specified in 40 CFR 262.21), 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 pause fire or explosion or be injurious in any other way to the POTW or to the operation of they water quality control plant. At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than fivie percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter, Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides. (2) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the POTW ~r pass through the POTW inadequately treated, such as, but not limited to: grease, petroleulm oil, nonbiodegradable cutting oil, or products of mineral origin, garbage with particles greeter than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, bides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wash paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel of lubricating oil, mud, or glass grinding or polishing wastes. (3) Any wastewater having a pH less thaw 5.0 units or greater than 12.0 units or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the POTW. (4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a topic effect in the receiving waters of the POTW, or to exceed the limitations set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutanlt identified pursuant to Section 307(a) of the Act (33 U.S.C. 1317). (5) Any noxious or malodorous liquids, gaffes, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. (6) Any substance which may cause the wager quality control plant's effluent or any other product, such as residues, sludges, or scums, to b~ unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to POTW cause the water quality control plant to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations affecting sludge use or dispos~.l developed pursuant to the Solid Waste Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used. (7) Any substance which will cause the water quality control plant to violate its NPDES permit or state disposal system permit or the receiving water quality standards. (8) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable taming solutions. (9) Any wastewater having a temperature wl#~ich will inhibit biological activity in the water quality control plant resulting in interference, but in no case wastewater with a temperature at the introduction into the water quality control plant which exceeds forty degrees centigrade (one hundred four degrees Fahrenheit). (10) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate or pollutant concentration which a user knpws or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or quantities of pollutants that exceed for any time period longer than fifteen minutes more than five times the average twenty-four hour concentration, quantities or flow during normal operation. The user shall be in compliance with the city's local' limit relative to flow rate or pollutant concentration. If the city has not established a local limitt, then the user must not have changed its discharge from prior discharges when the POTW was incompliance with its NPDES permit. (11) Wastes or wastewater containing any radioactive materials except in compliance with applicable state and federal regulations. (12) Any pesticides containing algaecides, antibiotics, fungicides, herbicides, insecticides or any similar pesticides in amounts deleterious to any sewage treatment process or to the aquatic life of the waters receiving the effluent. (13) Any wastewater or pollutant which results in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker or public health or safety problems. When the superintendent determines that a user is contributing any of the above enumerated substances in such amounts as to interfere with the operation of the POTW, the superintendent shall take enforcement action as necessary to get such user to correct the interference. In the event of imminent harm to the public, the superintende~ht may take whatever action is necessary to correct the interference, and the user shall be responsible for all costs incurred. (c) Fats, Oils and Grease (1) It is unlawful for any person to dispose of any grease, or cause any grease to be disposed, by discharge into any drainage piping,. by discharge into any public or private sanitary sewer, by discharge into any storm drainage system, or by discharge to any land, street, public way, river, stream or other waterway. (2) The owner of every newly constructed, remodeled, or converted commercial or industrial facility with one or more grease generating activities, including food service facilities with new or replacement kitchens, for which a building permit application is submitted on or after January 1, 2010, shall install or cause to be installed a grease interceptor for each grease generating activity, of a size equal to or grater than the minimum size meeting the definition of "grease interceptor," as defined in the currently adopted edition of the Uniform Plumbing Code. In no case shall any grease interceptor flow less than 20 gallons per minute (GPM). The installation of new garbage disposals in any commercial or industrial facility is prohibited. (3) The owner of every commercial or industrial generator of grease, including food service facilities, serviced by a sewer collection line found to have a grease blockage, a history of grease blockage, or accelerated'. line maintenance resulting from grease disposal, shall install or cause to be installed a grease removal device upon notification by the superintendent. If heavy solids accumulate causing a sewer blockage or accelerated line maintenance, the commercial or industrial generator shall. remove any garbage disposal upon notification by the superintendent. (4) All grease removal devices shall be installed on the premises where grease is used or generated and shall be sized in conformance ~pvith the then currently adopted edition of the Uniform Plumbing Code. The contents of all grease removal devices shall be removed periodically as necessary to prevent violations of this chapter. At a minimum, the contents shall be removed every six months. All grease removal devices shall be kept in good repair, and shall be maintained in continuous operation. A log of all grealse removal activities shall be maintained at the facility showing the date of removal, the amount removed and the disposition of the removed contents. The log shall be retained for a period of three years, and shall be available for inspection by city inspectors upon request. (5) Grease emulsifiers or enzymes ark prohibited for use in grease interceptors or traps. (d) Discharge of groundwater. (1) The superintendent may approve the discharge of ground waters to the sanitary sewer only when such source is deemed unacceptable by state and federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. No discharge of such waters shall occur except as specifically authorized in a waste discharge permit or other written authorization. (2) Groundwater containing petroleum products may be authorized for disposal to the sanitary sewer and shall comply with the requirements of section 14.08.220. (3) Groundwater sources may include but are not limited to (1) construction site dewatering where soil or groundwater contamination is pt'esent, (2) groundwater contaminated with organic solvents generated as a result of pump tests in preparation for a groundwater cleanup or water generated during sampling events, (3) aqueous wastes generated by either permanent or mobile hazardous waste treatment units used to treat hazardous waste at the generator's site, (4) and aqueous wastes generated as a result of site cleanup activities. A permit must be obtained prior to commencement of discharge, and request for such permits shall be submitted not less than 30 working days prior to intended discharge. (4) The superintendent may limit ground`?vater discharges to an allocation that will protect the hydraulic capacity of the POTW. Real properties of the city shall have priority to said allocation. Allocations for other permit holders may be .reduced, but not eliminated, to equitably accommodate the needs of the agencies to discharge treated groundwater to the sanitary sewer. Should such a permit holder discontinue discharging for more than 90 days, the permit holder shall be notified in writing of the superintendent's intention to cancel the permit. (5) The superintendent may impose upon the user a hydraulic loading charge for discharge of groundwater or other waters in cases where conventional sewer service charges applied by the city do not account for said flows or uses. User discharges which exceed 10,000 gallons per batch discharge or users undertaking long term discharges of groundwater to the sanitary sewer shall be metered and levied a charge based upon the basiic sewer service charge rate established by the city, as applicable. (e) Swimming Pools and Water Features (1) The superintendent may approve dischiarge to the sanitary sewer from swimming pools, spas, whirlpools, fountains and landscape water futures on a case-by-case basis. A person who desires to drain such facility to the sanitary sewer syfitem shall first obtain. permission from the superintendent prior to the discharge if the discharge volume is greater than 1000 gallons or the flow rate is anticipated to exceed 20 gallons per minute. Permission may be granted if the discharge conforms to discharge standards and will not cause a hydraulic overload condition in the sewer system. (2) If the user has no connection to the dity's sewer system available, these waters maybe surface discharged provided the following condit~'~ons are met: (1) the discharge of the water shall not contain residues of algaecides, disinfectants or ether toxic chemical constituents that may violate any local, state or federal water quality law or regulation; (2) the discharge of the water shall in no way create a public nuisance; (3) the discharge of the water shall in no way damage, destroy, erode, or impair surrounding property; and (4) the user has obtained permission from the superintendent for the discharge. (3) In the event that permission to discharge to the sanitary sewer and storm drain is denied, the waters must be disposed at a legal disposal site. The person conducting the discharge shall be required to provide proof of disposal upon the city's request. 14.08.220 Wastewater concentration of chemicals. (a) It is unlawful to discharge or cause to be discharged any wastewater into the public sanitary sewers if the concentration of any of the constituents of the wastewater exceeds the local limits established by resolution of the city council. (Maximum permissible concentrations are normally expressed in milligrams per biter.) (b) State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter. (c) The superintendent may impose quantitative limitations, e.g., pounds per day limits, on discharges or any constituent of the wastewater when the discharge or constituent may unreasonably overload, adversely affect the facilities or have a harmful effect upon the receiving waters. Mass emission rates or other similar techniques having a reasonable relationship to evaluating or measuring waste discharges maybe used. 14.08.230 Federal categorical pretreatment standards. (a) Industrial users must comply with applicable categorical pretreatment standards, prohibited discharge standards, or local limits, whichevet' are the most stringent. (b) The categorical pretreatment standards, f©und in 40 CFR Chapter I, Subchapter N, Parts 405-471, are hereby incorporated into this chapter. The superintendent shall notify all affected users of the applicable reporting requirements udder 40 CFR Section 403.12. 14.08.240 Modification of federal categorical pretreatment standards. Where the city's water quality control plant achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply for modification of specific limits in the federal pretreatment standards. "Consistent removal" means reduction in the amount of a pollutant or alteration of the nature of the pollutant by the water quality control plant to a less toxic or harmless state in the effluent which is achieved by the system in ninety-five percent of the samples taken when measured according to the procedures set forth in 40 CFR, Part 403 - "General Pretreatment Regulations for Existing and New Sources of Pollution." The city may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR Section 403.7 are fulfilled and prior approval is obtained. 14.08.250 Excessive discharge. Except where expressly authorized by an applicable pretreatment standard or requirement, it is unlawful to increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequiate treatment to achieve compliance with the limits contained in the categorical pretreatment standards, or in any other pollutant specific limitation developed by the city or state. The superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or m other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subsection (c) of Section 14.08.170(1) shall indicate the mass of pollutants regulated by pretreatment standards in the discharge of the user. 14.08.260 Accidental discharges. (a) Each user shall provide protection from accidental discharge of prohibited materials or other regulated substances. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city .before construction of the facility. All existing users shall complete such a plan by January 1, 1991. No user who commences discharging to the POTW after effective date of this chapter shall be permitted to discharge to the POTW until accidental discharge procedures have been approved by the city. 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 too meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone anal notify the POTW of the incident. The notification shall include the location of discharge, type of waste, concentration and volume, and corrective actions. (b) Within five days following an accidental discharge, the user shall submit to the superintendent a detailed written report describing the cause 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 POTW, fish kills, 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 under this code or other applicable laws. (c) 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 dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. 14.08.270 Bypass of Treatment Facilities A user shall notify the city of any upset or unanticipated bypass within 24 hours of becoming aware of the upset or unanticipated bypass. The user shall submit the following information to the city: 1) a description of the discharge and the cause of the upset or unanticipated bypass; 2) the period of noncompliance including exact dates and times or, if not corrected, the anticipated time the upset/bypass is expected to continue; 3) the sups being taken and/or planned to reduce, eliminate, and prevent recurrence of the upset or bypass. 14.08.280 Batch Discharges Batch discharges to the sanitary sewer of 5,000 gallons or more of any regulated constituents or pollutants not consistent with a user's application must receive approval from the Environmental Compliance Office prior to the discharge. The user's request shall indicate the quantity, constituents, and proposed time of the discharge. 14.08.290 Harmful discharges. (a) The superintendent may suspend the wastewater treatment service or a wastewater discharge permit when such suspension is necessary, in the opinion of the superintendent, in order to stop an actual or threatened discharge which ..presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, or threatens to cause interference to the POTW, or causes or threatens to cause the city to violate any condition of its NPDES permit. (b) Any user notified of a suspension of the wastewater treatment service or the wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary including a cease and desist ordeer or immediate severance of the sewer connection, to prevent or minimize damage to the P(~TW or endangerment to the POTW or endangerment to any individuals. The city shall reinstate the wastewater discharge permit or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen days of the date of occurrence. 14.08.300 Fees and financial guarantees. (a) The city may adopt fees to provide for the recovery of costs from users of the POTW. Such fees may include, but are not limited to, Connection charges, permits, monitoring, inspections and surveillance procedures, accidental discharge matters, appeals, reimbursement of costs incurred by city for removal of pollutants, and any other fees the city deems necessary to carry out the requirements of this chapter. The applicable :fees shall be as set forth in the city's master fee schedule. (b) A sewer connection fee shall be paid by the user or parcel owner for connection to a public sanitary sewer at the time the building perrr~it is issued, or if no building permit is necessary, prior to the time the connection is operational. When a change in use from residential to commercial occurs, the difference in connection charges shall be paid. (c) Initial applications and renewal applications for a wastewater discharge permit shall be accompanied by a nonrefundable processing fee. (d) If the imposition of special controls on wastewater discharges become necessary, a corporate surety bond or equivalent guarantee to insure performance maybe required of a user. 14.08.310 Confidential information. (a) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. (b) When requested by the person furnishing a .report, the portions of a report which might disclose trade secrets or secret processes shall nol be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, NPDES permit, state disposal system permit or the pretreatment programs. Such a report shall be available for use by the city or state and governmental agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. (c) Information accepted by the city as confidential, shall not be transmitted to any governmental agency, with the exception of the EPA, in compliance with 40 CFR 403.8 (f)(1)(vii) and 40 CFR 403.14, or to the general public by the city until and unless a ten day notification is given to the user. 14.08.400 Authority of superintendent. (a) The superintendent has the authority to eri~force compliance with the provisions of this chapter, and to promulgate regulations designed to assist in achieving compliance. 14.08.410 Warning Letters Warning Letters maybe issued to an industrial user for any of the following reasons: A. When the result(s) of sampling demonstrates that a violation of local or federal limits has occurred by an industrial user, and when the value of the sampled data is less than a value deemed by Technical Review Criteria (TRC) to be "a significant violation", and the result is not part o~ a recurring pattern of violations. The warning letter shall direct the industrial user to resample and take appropriate corrective action(s) to abate the violation of its discharge permit by a specific time and shall require the industrial user to submit a written response describing the corrective action taken to abate the violation. B. When conditions are observed during the course of an on-site inspection or routine surveillance which may compromise an industrial user's ability to comply with its wastewater discharge permit. C. When a user fails to promptly submit self monitoring reports or sample test results as required in the industrial user's wastewater discharge permit. 14.08.420 Notice of violation. Whenever the source control inspector finds that any user has violated or is violating the provisions of this chapter, the inspector may serve upcln such user a written notice stating the nature of the violation. Within forty-five days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user. 14.08.430 Show cause hearing. (a) The source control inspector may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the superintendent why the proposed enforcement action should not be taken. Notice of the hearing shall be served personally or by registered or certified mail return receipt requested at least ten days before the hearing. Service maybe made on any agent or officer of a corporation. (b) After an informal hearing is held the superintendent shall render a decision in writing. 14.08.440 Abatement order by superintendent. When the superintendent finds that a discharge of wastewater is taking place or threatening to take place in violation of prohibitions or limits of this chapter, or regulations promulgated by the superintendent in accordance with this chapter, or wastewater source control requirements or the provisions of a wastewater discharge permit, the superintendent may issue an abatement order directing the user to: (a) Comply forthwith; (b) Comply in accordance with a reasonable time schedule set by the superintendent; or (c) In the event of a threatened violation, take appropriate remedial or preventive action. In cases of imminent harm to the public, the superintendent may enter private property if necessary to sever service. 14.08.450 Summary abatement. Whenever any discharge or potential discharge causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public, the condition or use may be summarily abated by the city without notice or hearing. Summary abatement shall be ordered only by the city manager. Summary abatement shall be limited to those actions necessary to eliminate the immediate threat to the public health and safety. Notice of the summary abatement shall be served personally or by registered or certified mail, return receipt requested. Service maybe made on an agent or officer of a corporation. The costs and expenses of a summary abatement may be made a lien on the property and may be collected pursuant to the procedure set forth in Section 14.08.500. 14.08.460 Grounds for revocation or modification of hermit. A wastewater discharge permit maybe revoked for good cause, including but not limited to, the following reasons: (a) Failure of a user to factually report the wastewater constituents and characteristics of the discharge; (b) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics; (c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; and (d) Violation of any permit conditions or the requirements of this chapter. 14.08.470 Revocation or modification procedure. (a) An action to revoke or modify a permit may be initiated in writing by the superintendent or the city engineer. The initiating reque$t shall be filed with the city manager and shall set forth grounds for revocation or modification. (b) Within thirty days after the initiating request is filed, the city manager shall hold a hearing. Notice of the hearing shall be served personally or by registered or certified mail return receipt requested at least ten days before the hearing. Service may be made upon any agent or officer of a corporation. At the time and place designated in the notice, the city manager shall hear and consider all relevant evidence. The hearing shall not be conducted according to the formal rules of evidence. Any relevant evidence shall b~e admitted if it is the type of evidence on which reasonable persons are accustomed to rely on iri the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining direct evidence, but hearsay evidence shall not be sufficient by itself to support a finding unless it would be admissible over objections in civil actions in courts of competent jurisdiction in this state. The discharger may represent itself or be represented by anyone of its choice. The hearing may be continued from time to time. (c) Within ten days of the conclusion of the hearing, the city manager shall render a written decision. The decision shall set forth the factual findings made by the city manager. The city manager may revoke or modify the terms of the permit. The decision of the city manager is final. 14.08.480 Appeals. (a) Superintendent Review. Any discharger affected by any decision, action, or determination, including abatement orders, made by the superintendent in interpreting or implementing the provisions of this chapter, or any permit issued hereunder, may file with the superintendent a written request for review within ten days of such decision, action, or determination, setting forth in detail the facts supporting the request. The superintendent shall complete the review and issue a written determination within ten days after receipt of the request, unless the city engineer reasonably extends the time thereof. (b) Written Appeal to City Engineer. The superintendent's original decision, action or determination, and action taken after review may be appealed to the city engineer by the discharger affected by filing a written appeal with the city engineer within ten days after the notice of the decision of the superintendent. The written appeal shall specify what is being appealed and state all pertinent aspects of the matter. Within thirty days after the written appeal is filed, the city engineer shall hold a hearing. Notice of'the hearing shall be served personally or by registered or certified mail return receipt requested, at least ten days before the hearing. Service maybe made upon any agent or officer of a corporation. (1) At the time and place designated in the notice, the city engineer shall hear and consider all relevant evidence. The hearing shall not be conducted according to the formal rules of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely on in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but hearsay evidence shall not be sufficient by itself to support a finding unless it would be admissible over objections in civil actions in courts of competent jurisdiction in this State. The discharger may represent itself or be represented by anyone of its choice. The hearing may be continued from time to time. (2) Within ten days after the conclusion of the hearing, the city engineer shall render a written decision and where applicable an order of abatement. This decision shall set forth the factual findings made by the city engineer, the conclusion reached, any abatement required and the date by which such abatement shall occur. The decision of the city engineer is final. 14.08.490 Damage, obstruction or impairment to facilities. Any person who intentionally or negligently damages, obstructs or otherwise impairs a public sewer, water quality control plant or appurtenance thereto shall be liable for such action and the city may assess the costs of repair against such person, or seek reimbursement through a court action. 14.08.500 Costs of abatement. (a) The superintendent shall keep an itemized statement of costs incurred by the city in abating or otherwise responding to violations of thas chapter. Once a violation matter is concluded, the superintendent shall provide a copy of this statement to the discharger and to the city manager. The discharger may request a hearing before the city manager to contest the statement of costs. The request for a hearing shall be made within ten days of receipt of the statement or the right to hearing shall be deemed waived. The city manager shall review the statement of costs and any information presented by the discharger, and may make any necessary revisions, corrections or modifications. The decision of tl~e city manager is final. (b) The procedure for recording the statement of costs as a lien against the property involved shall be as follows: (1) If payment of the assessed costs and expenses is not received by the finance director within thirty days of the date appearing on the decision of the city manager, the finance director shall send to the city clerk two originals of a declaration that payment was not received. Upon receipt of the declaration of the finance director', the city clerk shall set a notice and hearing before the city council for the purpose of adopting a resolution confirming the statement of costs. (2) After holding a hearing the city council may adopt a resolution. The city clerk shall forward to the office of the recorder of the county of San Mateo one original certification by the finance director that payment was not received and one certified true copy of the resolution of the city council confirming the statement of costs with the statement of costs attached as an exhibit. 14.08.510 Criminal Prosecution. Any user who is found to have willfully or negligently failed to comply with any provision of this chapter, and the orders, rules, regulations and permits issued hereunder, shall be charged with a misdemeanor for each offense and, upon conviction, shall be punished in accord with Chapter 1.24 of this code, unless otherwise specified. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. 14.08.520 Falsifying information. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method shall be subject to misdemeanor priosecution and upon conviction, shall be punished in accord with the provisions of Chapter 1.24 of this code. 14.08.530 Civil damages. Any person who violates any provision of this chapter, any wastewater discharge permit, or any order issued pursuant to this chapter or who creates a condition of pollution is hereby deemed to have created a public nuisance. Such person(s) shall be strictly liable for the sum of ten thousand dollars for each day, or portion thereof, during which the violation occurs. In addition, a user may be liable for up to twenty-five thousand dollars ($25,000) a day for each violation, as set forth in California Government Code Section 54740. In lieu of the civil penalties, the city may impose administrative penalties in the following amounts, as set forth in California Government Code Section 54740.5: (1) up to two thousand dollars ($2,000) for each day for failing or refusing to furnish technical or monitoring reports; (2) up to three thousand dollars ($3,000) for each day for failing or refusing to timely comply with any compliance schedule established by the City; (3) up to five thousand dollars ($5,000) per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the city; (4) up to ten dollars ($10) per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the city. Furthermore, the amount of such civil administrative penalties that have remained delinquent for a period of 60 days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. 14.08.540 Injunction. Whenever a discharge of wastewater is in violation of the provisions of this chapter or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, an injunction may be sought to restrain the continuance of such discharge. The city may petition the Superior Court for the issuance of a temporary or permanent injunction, or both, as the case maybe, restraining the continuance of such discharge. The city may also seek an injunction against nondischarge violation of pretreatment standards or requirements, or any other violation of this chapter. 14.08.550 Cost recovery by city. In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation against the person found to have violated this chapter or the orders, rules, regulation, and permits issued hereunder. 14.08.560 Remedies cumulative. The remedies identified in this chapter are in addition to and do not supersede or limit any other civil or criminal remedies. SECTION 2. SEVERABILITY If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (a) publish the summary, and (2) post in the City Clerk's office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days after its adoption. * ,~ * * ~ Introduced at a special meeting of the City Council of the City of South San Francisco, held the 16th day of December, 2009. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the 13th day of January, 2010 by the fallowing vote: AYES: Councilmembers Pedro Gonzalez, Richard A Garbarino, and Karyl Matsumoto, Vice Mayor Kevin Mullin and Mayor Mark Addiego NOES: None ABSTAIN: None ABSENT: None ~, ~. _ ATTEST: ~~ ~ ~ ~ 1 `~'~ City 1 k ~~~~ t~~- As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 13th day of January, 2010. U Mark A diego, Mayor