HomeMy WebLinkAboutOrd 1124-1993ORDINANCE NO. 1124-93
AN ORDINANCE AMENDING SECTIONS 14.08.020, 14.08.100,
14.08.120, 14.08.130, 14.08.160, 14.08.180, 14.08.190,
14.08.200, 14.08.220, 14.08.260, 14.08.310, 14.08.500~
14.08.520 AND 14.08.530 ENTITLED "WATER QUALITY
CONTROL" OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES
ORDAIN AS FOLLOWS:
SECTION 1.
SECTION 14.08.020 AMENDED.
Sections 14.08.020 (d), (p), (q), (s), (u), (y) of the South
San Francisco Municipal Code are hereby amended to read:
"Section 14.08.020 Definitions.
(d) Pretreatment Standards. Pretreatment standards
includes national categorical pretreatment standards, national
prohibited discharge standards, and the City's local limits.
(p) Indirect Discharge. The discharge or the introduction
of nondomestic pollutants from any source regulated under Section
307 (b), (c) or (d) of the Clean Water Act (CWA), into the water
quality control facilities (including holding tank waste
discharged into the system).
(q) Industrial User. A source of indirect discharge
(corresponding definition 40 CFR 403.8).
(s) Interference. A discharge which, alone or in
conjUnction with a discharge or discharges from other sources,
both inhibits or disrupts the POTW, its treatment processes or
operations, or its sludge processes, use or disposal; and
therefore, causes a violation of the POTW's National Pollutant
Discharge Elimination System (NPDES) permit or prevents sewage
sludge use or disposal in compliance with Section 405 of the
Clean Water Act. The Solid Waste Disposal Act (SWDA), the Clean
Air Act, the Toxic Substances Control Act, and the Marine
Protection, Research and Sanctuaries Act.
(u) National Categorical Pretreatment Standard. Any
regulation containing pollutant discharge limits promulgated by
the EPA in accordance with Section 307 (b) and (c) of the Act (33
U.S.C. 1317) which applies to the standards specified in 40 CPR
Chapter I, Subchapter N, Parts 405-471).
(y) New Source. 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
the Clean Water Act which will be applicable to such source if
such standards are promulgated, provided certain location and
construction criteria are met."
SECTION 2.
SECTION 14.08.100 AMENDED.
Sections 14.08.100 (c) (8) and (c) (13) of the South San
Francisco Municipal Code are hereby amended to read:
"Section 14.08.100 Wastewater Discharge Permits.
(c) (8) Where known, the nature and concentration of any
pollutants in the discharge which are limited by any city, state
or federal pretreatment standards, and a statement, signed by an
authorized representative of the user and certified to be a
qualified professional, regarding whether or not the pretreatment
standards are being met on a consistent basis and if not, whether
additional operation and maintenance or additional pretreatment
is required for the user to meet applicable pretreatment
standards.
(c) (13) A Baseline Monitoring Report (BMR) must be
submitted, in compliance with, and containing all the information
required by, 40 CFR 403.12 (b) and such other information as may
be deemed by the City to be necessary to evaluate the permit
application.
The BMR, 90-day compliance reports, and periodic compliance
reports for Categorical Industrial Users must be signed by the
appropriate official as specified in 40 CFR 403.12(1), and
contain the certification statement in 40 CFR 403.6(a) (2)(ii)."
SECTION 3.
SECTION 14.08.120 AMENDED.
Section 14.08.120 of the South San Francisco Municipal Code
is hereby amended to read:
"Section 14.08.120 Permit Modifications.
Wastewater discharge permits subject to the National
categorical pretreatment standards will be modified by the City,
as soon as possible subsequent to a change in Federal standards.
Where a user, subject to a national categorical pretreatment
standard, 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 national categorical
pretreatment standard. In addition, the 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."
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SECTION 4.
SECTION 14.08.130 AMENDED.
Sections 14.08.130 (a) (8), (a) (10), (a) (11) and (a) (12)
of the South San Francisco Municipal Code are hereby amended to
read:
"Section 14.08.130 Permit Conditions.
(a) (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 POTW to violate its
NPDES permit shall be applicable to all industrial users of the
POTW (whether permitted or not). 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.
(a) (10) Pursuant to 40 CFR, 403.8 (f) (2) (v), significant
industrial users must have a plan to control slug discharges.
The plan must contain at a minimum: (A) a description of
discharge practices, including non-routine batch discharges; (B)
description of stored chemicals; (C) procedures for immediately
notifying the POTW 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.
If discharge sampling performed by an IU indicates a
violation, the user shall notify the City within 24 hours of
becoming aware of the violation. The user must also resample and
submit the resampling to the City within 30 days.
(a) (11) Industrial users must keep records of monitoring
activities and results for a minimum of 3 years, or longer in the
case of unresolved litigation or when requested by the City.
(a) (12) Other conditions as deemed appropriate by the City
and in accordance with 40 CFR 403.12 (g)."
SECTION 5.
SECTION 14.08.160 AMENDED.
Sections 14.08.160 (c) and (d) of the South San Francisco
Municipal Code are hereby amended to read:
"Section 14.08.160 Reporting Requirements for Permittee.
(c) Ail industrial users shall notify, in writing, the
City, the EPA Regional Waste Management Division Director, and
State hazardous waste authorities of any discharge into the POTW
of a substance, which if otherwise disposed of, would be a
hazardous waste under 40 CFR part 261. The notification process
should be in compliance with the specifics outlined in 40 CFR
403.12 (p) .
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(d) The superintendent may impose mass limitations on users
which are using dilution to meet applicable pretreatment
standards or requirements, or in other cases where the imposition
of mass limitations are appropriate. In such cases, the report
required by subsection (b) of this section shall indicate the
mass of pollutants regulated by pretreatment standards in the
effluent of the user. These reports shall contain the results of
sampling and analysis of the discharge, including the flow and
the nature and concentration, or production and mass where
requested by the superintendent, of pollutants contained therein
which are limited by the applicable pretreatment standards. The
frequency of monitoring shall be prescribed in the applicable
pretreatment standards. All analysis shall be performed in
accordance with procedures established pursuant to Section 304(g)
of the Act (33 U.S.C. 1314) and contained in 40 CFR Part 136 and
amendments thereto or with any other approved test procedures.
Sampling shall be performed in accordance with the approved
techniques."
SECTION 6.
SECTION 14.08.180 AMENDED.
Section 14.08.180 (a) of the South San Francisco Municipal
Code is hereby amended to read:
"Section 14.08.180 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
so 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."
SECTION 7.
SECTION 14.08.190 AMENDED.
Sections 14.08.190 (a), (b), (c), (d) and (e) of the South
San Francisco Municipal Code are hereby amended to read:
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"Section 14.08.190 Pretreatment Compliance.
(a) Users shall provide necessary wastewater treatment as
required to comply with this chapter and shall achieve compliance
with all national pretreatment standards within the time
limitations as specified by the federal pretreatment regulations.
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
acceptable to the City before construction of the facility. The
review of such plans and operating procedures will in no way
relieve the user from the responsibility of modifying the
facility as necessary to produce 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 in the pretreatment facilities
or method of operation shall be reported to and be acceptable to
the City prior to the user's initiation of the changes.
(b) The City shall annually publish notification, in the
largest daily newspaper published in the City, a list of IUs
which were in significant noncompliance with any applicable
standard with which it must comply during the previous twelve
months. The notification may also summarize any enforcement
actions taken against the user(s) during the same twelve months.
(c) An industrial user is in significant noncompliance if
its violation meets one or more of the criteria specified in 40
CFR 403.8 (f) (2) (vii).
(d) Ail records relating to compliance with pretreatment
standards shall be made available to state and federal officials
upon request.
(e) The City shall be able to 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)."
SECTION 8.
SECTION 14.08.200 AMENDED.
Sections 14.08.200 (b) (1), (b) (9), and (b) (10) of the
South San Francisco Municipal Code are hereby amended to read:
"Section 14.08.200 General Discharge ReGulations.
(b) (1) Any wastestreams with a closed-cup flashpoint of
less than 140°F or 60°C (using the test methods specified in 40
CFR 261.21), 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 cause fire or explosion or
be injurious in any other way to the water quality control
facilities or to the operation of the water quality control
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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 five 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.
(b) (9) Any wastewater having a temperature which will
inhibit biological activity in the treatment 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).
(b) (10) Any pollutants, including oxygen demanding
pollutants (BOD, etc) released at a flow rate or pollutant
concentration which a user knows or has reason to know will cause
interference to the water quality control facilities. In no case
shall a slug load have a flow rate or contain concentration or
qualities 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 limit
relative to flow rate or pollutant concentration. If the city
has not established a local limit, then the user must not have
changed its discharge from prior discharges when the POTW was in
compliance with its NPDES permit."
SECTION 9.
SECTION 14.08.220 AMENDED.
Section 14.08.220 of the South San Francisco Municipal Code
is hereby amended to read:
"Section 14.08.220 National Pretreatment Standards.
Industrial users must comply with applicable national
categorical pretreatment standards, national prohibited discharge
standards, or the City's local limits, whichever are the most
stringent.
The national categorical standards, found in 40 CFR Chapter
I, Subchapter N, Parts 405-471, are hereby incorporated into this
ordinance. The superintendent shall notify all affected users of
the applicable reporting requirements under 40 CFR Section
403.12."
SECTION 10.
SECTION 14.08.260 AMENDED.
Section 14.08.260 (a) of the South San Francisco Municipal
Code is hereby amended to read:
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"Section 14.08.260 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 water quality control facilities, or causes
or threatens to cause the City to violate any condition of its
NPDES permit."
SECTION 11.
SECTION 14.08.310 AMENDED.
Section 14.08.310 (c) of the South San Francisco Municipal
Code is hereby amended to read:
"Section 14.08.310 Confidential Information.
(c) Information accepted by the City as confidential, shall
not be transmitted to any governmental agency, with the exception
of the Environmental Protection Agency, 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."
SECTION 12.
SECTION 14.08.500 AMENDED.
Section 14.08.500 of the South San Francisco Municipal Code
is hereby amended to read:
"Section 14.08.500 Penalties.
Any user who is found to have wilfully or negligently failed
to comply with any provision of this chapter, and the orders,
rules, regulations and permits issued hereunder, may 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 in which a violation shall occur
or continue shall be deemed a separate and distinct offense."
SECTION 13.
SECTION 14.08.520 AMENDED.
Section 14.08.520 of the South San Francisco Municipal Code
is hereby amended to read:
"Section 14.08.520 Civil Damages.
Any person who violates any cease and desist order or
suspension order, or who is in violation of any waste discharge
requirement and/or other order 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 $10,000 for
each day, or portion thereof, during which the violation occurs."
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SECTION 14.
SECTION 14.08.530 AMENDED.
Section 14.08.530 of the South San Francisco Municipal Code
is hereby amended to read:
"Section 14.08.530 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 also seek an injunction against
nondischarge violation of pretreatment standards or requirements,
or any other violation of this chapter."
SECTION 15.
SEVERABILITY.
If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this Ordinance.
The City Council hereby declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause or
phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.
SECTION 16. PUBLICATION AND EFFECTIVE DATE.
This Ordinance shall be published once, with the names of
those City Council members voting for or against it, in the
Enterprise-Journal, a newspaper of general circulation in the
City of South San Francisco, as required by law, and shall become
effective thirty (30) days from and after its adoption.
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TIT'
Introduced at a 'regular meeting of the City Council
of the City of South San Francisco, held the 13th day of
January , 1993.
Adopted as an Ordinance of the City of South San Francisco
at a regular meeting of the City Council of the City of
South San Francisco held the 27th day of January ,
1993 by the following vote:
AYES:
Councilmembers Jack Draqo, Joseph A. Fernekes, John R.
Penna, Robert Yee, and Mayor Roberta Cerri Teqlia
NOES: None
ABSTAIN: None
ABSENT: None
As Mayor of the City of South San Francisco, I do hereby
approve the foregoing Ordinance this 27th day of
January ,1993. ~~Mayo~~j~.~ ]~~
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