HomeMy WebLinkAboutORD NO 3667Om INANCE NO. 3 6 6 7
AN ORDINANCE AMENDING CHAPTER 14.12
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO SEWERS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION L
Chapter 14.12 of the Bakersfield Municipal Code is hereby amended to read as
follows:
Chapter 14.12
SEWERS
Sections:
I. General Provisions
14.12.010 Purpose.
14.12.020 Scope.
14.12.030 Definitions.
14.12.040 Superseding previous regulations - Savings clause.
II. Administrative Provisions
14.12.050
14.12.060
14.12.070
14.12.080
14.12.090
14.12.100
14.12.110
14.12.120
14.12.130
Administration.
Approval of plans, issuance of permits and inspection certificate.
[Reserved]
Publication of users in significant noncompliance.
Notice - Time limits.
Inspectors.
Amendment of chapter.
Recording fees and charges.
Trade secrets.
IlL Regulations Generally
14.12.140 Approval of plans for sewerage construction.
14.12.150 Liquid waste disposal policy.
14.12.160 Permit for sewer connection.
14.12.170 Plan approvals and permits not transferable.
14.12.180 Inspection of construction.
14.12.190 [Reserved]
14.12.195 Maintenance of house connection sewer.
14.12.200 Improper use of connected sewers.
14.12.210 Excessive sewer maintenance expense.
IV. Prohibited Wastes
14.12.220 Prohibited discharges.
14.12.230 Hospital wastes.
V. Industrial Wastewaters
14.12.240
14.12.250
14.12.260
14.12.270
14.12.280
14.12.290
14.12.300
14.12.310
14.12.320
14.12.325
14.12.330
14.12.340
14.12.350
14.12.360
Discharge permit - Requirements generally.
Discharge permit - Application procedure - Conditions for approval.
Discharge permit - Change of restrictions.
Discharge permit - Suspension - Conditions for reinstatement.
Discharge permit - Revocation.
Restrictions or refusal of service pursuant to availability of city's
facilities.
Pretreatment- Devices required.
Separation of domestic and industrial wastewaters.
Sampling, analysis and flow measurements.
Reporting requirements for industrial users.
Discrepancies between actual and reported discharge quantities.
Industry discharge classifications - Parameter establishing surcharge.
Damage caused by prohibited discharge, slug discharges, or by other
causes.
Existing dischargers.
VI. Trucker's Discharge Permit
14.12.370 Requirements.
VII. User Charges and Fees
14.12.380 Establishment.
14.12.390 Payment requirements.
14.12.400 Estimates on quantities and values.
VIII. Violation - Penalty
14.12.410 Violation - Penalty.
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!. General Provisions
14.12.010 Purpose.
The purpose of this chapter is to provide for the maximum possible beneficial
public use of the city's facilities through adequate regulation of sewer construction, sewer
use and industrial wastewater discharges, to provide for equitable distribution of the city's
costs and to provide procedures for complying with requirements placed upon the city by
other regulatory agencies.
14.12.020 Scope.
A. This chapter shall be interpreted in accordance with the definitions set forth in
Section 14.12.030.
B. The provisions of this chapter shall apply to the direct or indirect discharge of
all liquid-carried wastes to facilities of the city. This chapter among other things provides
for the regulation of sewer construction in areas within the city, the quantity and quality of
discharged wastes, the degree of waste pretreatment required, the setting of waste discharge
fees to provide for equitable distribution of costs, the approval of plans for sewer
construction, the issuance of permits for industrial wastewater discharge and of other
miscellaneous permits and the establishment of penalties for violation of this chapter.
14.12.030 Definitions.
The definitions given in this section shall be used in the interpretation of this
chapter, the issuance of permits, the making of charges for service and all other operations
of this chapter unless another meaning for the word is apparent from the context.
A. "Ad valorem tax" means the tax levied on the assessed value of property within
the city.
B. "Assessed value" means that portion of the total assessed value of the property
upon which city taxes are levied.
C. "BOD" or "biochemical oxygen demand" means the measure of decomposable
organic material in domestic or industrial wastewaters as represented by the oxygen utilized
over a period of five (5) days at 20°C and as determined by the appropriate procedure in
"Standard Methods."
D. "Chlorine demand" means the difference between the amount of chlorine added
to a wastewater sample and the amount remaining at the end of a thirty-minute period as
determined by the procedures given in "Standard Methods."
E. "City Engineer" means the city engineer of the city.
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F. "COD" or "chemical oxygen demand" means the measure of chemically
decomposable material in domestic or industrial wastewater as represented by the oxygen
utilized as determined by the appropriate procedure described in "Standard Methods."
sewer.
"Discharger" means any person that discharges or causes a discharge to a public
H. "Dissolved solids" or "dissolved matter" means the solid matter in solution in the
wastewater and shall be obtained by evaporation of a sample from which all suspended
matter has been removed by filtration as determined by the procedures in "Standard
Methods."
I. "Domestic wastewater" means the water-carried wastes produced from
noncommercial or nonindustrial activities and which result from normal human living
processes.
J. "Effluent" means the liquid outflow of any facility designed to treat, convey or
retain wastewater.
K. "Emergency" means a situation which reasonably appears to present an
imminent endangerment to the health or welfare of persons, or the environment, or which
threatens to interfere with the operation of the city's sewerage system.
L. "Formula" means user rates and charges (industrial wastewater treatment
surcharges) established by the city council pursuant to Section 14.12.380.
M. "Gravity separation interceptor" means any facility designed, constructed and
operated for the purpose of removing and retaining dangerous, deleterious or prohibited
constituents from wastewater by differential gravity separation before discharge to the public
sewer.
N. "House connection" means the sewer connecting the building sewer or building
waste drainage system to the public sewer for the purpose of conveying domestic
wastewater.
O. "Industrial connection sewer" means the sewer connecting the building sewer
or building waste drainage system to the public sewer for the purpose of conveying
industrial wastewater.
P. "Industrial User" means any user who discharges nondomestic wastewater to any
of the city's sewerage systems or any other system tributa:y thereto.
Q. "Industrial wastewater" means all water-carried wastes and wastewater of the
community excluding domestic wastewater and uncontaminated water, and includes all
wastewater from any producing, manufacturing, processing, institutional, commercial,
agricultural, or other operation where the wastewater discharged includes significant
quantities of wastes of nonhuman origin.
0~1o,, ~,L
R. "Inspector" means a person authorized by the chief engineer to inspect
wastewater generation, conveyance, processing and disposal facilities.
S. "Interference" means a discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
1. Inhibits or disrupts the city's sewerage system, its treatment processes or
operations, or its sludge processes, use or disposal; and
2. Therefore is a cause of a violation of any requirement of the city's Waste
Discharge Order (including an increase in the magnitude or duration of a violation) or of
the prevention of sewage sludge use or disposal in compliance with the following statutory
provisions and regulations or permits issued thereunder (or more stringent State or local
regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA)
(including Title II, more commonly referred to as the Resource Conservation and Recovery
Act (RCRA), and including State regulations contained in any State sludge management
plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic
Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
T. "Lateral sewer," *'collecting sewer" or "main line sewer" means the public sewer
usually eight inches or larger in diameter and used to collect wastewater from house connec-
tion and industrial connection sewers and transport it to trunk sewers.
U. "Local sewering agency" means the city or county or other public agency legally
authorized to construct, maintain and operate a system of lateral or collecting sewers.
V. "National Categorical Standards" means National Pretreatment Standards
specifying quantities or concentrations of pollutants or pollutant properties which may be
discharged to the city sewerage system by existing or new Industrial Users in specific
industrial subcategories.
W. "National Pretreatment Standard" means any regulation containing pollutant
discharge limits promulgated by the Environmental Protection Agency (EPA) in accordance
with section 307 (b) and (c) of the Clean Water Act, which applies to Industrial Users. This
term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
X. "New source" means:
1. Any building, structure, facility or installation from which there is or may
be a discharge of pollutants (the construction of which commenced after the publication of
proposed Pretreatment Standards under section 307 (c) of the Clean Water Act which will
be applicable to such source if such Standards are thereafter promulgated in accordance
with that section) provided that:
a. The building, structure, facility or installation is constructed at a site at
which no other source is located; or
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b. The building, structure, facility or installation totally replaces the process
or production equipment that causes the discharge of pollutants at an existing source; or
c. The production or wastewater generating process of the building,
structure, facility or installation is 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.
2. 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 subsection 1.b. or 1.c. of this section
but otherwise alters, replaces, or adds to existing process or production equipment.
3. 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 continuous 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 purchase of
facilities or equipment which is intended to be used in its operation within a reasonable
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.
Y. "Pass Through" means a discharge which exits the POTW into waters of the
United States in quantities or concentrations which, alone or in conjunction with a discharge
or discharges from other sources, is a cause of a violation of any requirement of the
POTW's Waste Discharge Requirements (including an increase in the magnitude or
duration of a violation).
Z. "Peak flow rate" means the average rate at which wastewater is discharged to
a public sewer during the highest thirty-minute flow period in the preceding twelve (12)
months.
AA. "Pollutant" means any constituent or characteristic of wastewater on which a
discharge limitation may be imposed either by the city or the regulatory bodies empowered
to regulate the city.
BB. "Pretreatment requirements" means any substantive or procedural requirement
related to Pretrealment, other than a National Pretream~ent Standard, imposed on an
Industrial User.
CC. "Public Corporation" means this state and any political subdivision thereof, any
incorporated municipality therein, any public agency of the state or any political subdivision
thereof, or any corporate municipal instrumentality of this state.
DD. "Public Owned Treatment Works or POTW means a "treatment works," as
defined by Section 212 of the Clean Water Act (33 U.S.C. §1292) which is owned by the
city. 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 conveyances which convey wastewater to a treatment plant.
EE. "Public sewer" means any sewer dedicated to public use and whose use is con-
trolled by a public corporation.
FF. "Radioactive material" means material containing chemical elements that
spontaneously change their atomic structure by emitting any particles, rays or energy forms.
GG. "Section" means a section of this chapter.
HH. "Sewage" means wastewater.
II. "Sewage pumping plant" means any facility designed and constructed to raise
wastewater in elevation or to overcome head losses due to pipeline friction.
JJ. "Sewerage" means any and all facilities used for collecting, conveying, pumping,
treating and disposing of wastewater.
KK. "Sewerage system" means a network of wastewater collection, conveyance,
treatment and disposal facilities interconnected by sewers, and owned or controlled by the
city.
LL. "Significant Industrial User."
1. Except as provided in paragraph 2. of this subsection, the term Significant
Industrial User means:
a. All industrial users subject to Categorical Pretreatment Standards under
40 CFR 403.6 and 40 CFR chapter I, subchapter N; and
b. Any other industrial user that:
i. Discharges an average of 25,000 gallons per day or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater);
ii. Contributes a process wastestream which makes up five percent (5
%) or more of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
iii. Is designated as such by the city on the basis that the industrial user
has a reasonable potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).
2. Upon a finding that an industrial user meeting the criteria in paragraph 1.b.
of this section has no reasonable potential for adversely affecting the POTW's operation or
for violating any pretreatment standard or requirement, the city may at any time, on its own
initiative or in response to a petition received from an industrial user or POTW, and in
accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant
industrial user.
MM. "Slug Discharge" means any discharge of a non-routine, episodic nature,
including but not limited to an accidental spill of a non-customary batch discharge.
NN. "Solid wastes" means the non-liquid carried wastes normally considered to be
suitable for disposal with refuse at sanitary landfill refuse disposal sites.
OO. "Standard Methods" means the current edition of "Standard Methods for the
Examination of Water and Wastewater" as published by the American Public Health
Association.
PP. "Suspended solids" or "suspended matter" means the insoluble solid matter
suspended in wastewater that is separable by laboratory filtration in accordance with the
procedure described in "Standard Methods."
QQ. "Trade secrets" includes but shall not be limited to any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data, or compilation of
information which is not patented, which is known only to certain individuals within a
commercial concern who are using it to fabricate, produce, or compound an article of trade
or a service having commercial value, and which gives its user an opportunity to obtain a
business advantage over competitors who do not know or use it.
RR. "Trunk sewer" means a sewer constructed, maintained and operated by the city
that conveys wastewater to the city's treatment facilities and into which lateral and collecting
sewers discharge.
SS. "Uncontaminated water" means any wasted water of the community not
contaminated or polluted with wastewater and which is suitable or could readily be made
suitable for discharge to the municipal stormwater drainage system.
TT. "User" means discharger; see subsection G. of this section.
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UU. "Waste" means sewage and any and all other waste substances, liquid, solid,
gaseous or radioactive, associated with human habitation or of human or animal nature,
including such wastes placed within containers of whatever nature prior to and for the
purpose of disposal.
W. "Waste Discharge Requirements" means requirements issued to the city by the
California Regional Water Quality Control Board for disposal of treated wastewater
pursuant to Water Code Section 13263.
WW. "Wastewater" means the water-carried wastes of the community derived from
human or industrial sources including domestic wastewater and industrial wastewater;
rainwater, groundwater or drainage of uncontaminated water is not wastewater.
14.12.040 Superseding previous regulations savings clause.
Neither the adoption of this chapter nor the repeal of any chapter of this code shall
in any manner affect the prosecution or recovery of civil damages or costs, for violation of
regulations which violations were committed prior to the effective date of the ordinance
codified in this chapter, nor be construed as affecting any of the provisions of such
regulations relating to the issuance of permits for discharge of industrial wastes, nor affect
the validity of any bond issued thereunder.
II. Administrative Provisions
14.12.050 Administration.
A. Except as otherwise provided in this chapter, the city engineer shall administer,
implement and enforce the provisions of this chapter.
B. Any powers granted to or duties imposed upon the city engineer may be
delegated by the city engineer to persons acting in the beneficial interest of or in the employ
of the city.
14.12.060 Approval of plans, issuance of permits and inspection certificate.
A. The city engineer will approve plans for sewerage construction, issue a permit
for industrial wastewater discharge or any other permit under this chapter only if it appears
to the city engineer that the sewerage construction, sewer connection, industrial wastewater
discharge or other procedure conforms to the requirements of this chapter.
B. If requested to do so, the city engineer will issue an inspection certificate
indicating satisfactory completion of required work, when all work require. d by the approved
plans or permit has been completed and approved by city's inspectors.
C. All required fees and charges shall be paid before approval of plans or issuance
of a permit or an inspection certificate.
D. The approval of plans or the issuance of a permit shall not relieve the
discharger of any duty imposed upon him pursuant to this chapter.
14.12.070 [Reserved]
14.12.080 Publication of Users in Significant Noncompliance
The city engineer shall publish annually, in the largest daily newspaper published in
Bakersfield, a list of the users which, during the previous twelve (12) months, were in
significant noncompliance with applicable pretreatment standards and requirements. The
term significant noncompliance shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six percent (66%) or more of wastewater measurements taken during a six- (6-)month
period exceed the daily maximum limit or average limit for the same pollutant parameter
by any amount;
B. Technical Review Criteria (TRC) violations, defined here as those in which
thirty-three percent (33%) or more of wastewater measurements taken for each pollutant
parameter during a six- (6-)month period equals or exceeds the product of the daily
maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS,
fats, oils and grease, and 1.2 for all other pollutants except pH);
C. Any other discharge violation that the city engineer believes has caused, alone
or in combination with other discharges, interference or pass through, including endangering
the health of POTW personnel or the general public;
D. Any discharge of pollutants that has caused imminent endangerment to the
public or to the environment, or has resulted in the city engineer's exercise of its emergency
authority to halt or prevent such a discharge;
E. Failure to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement order for
starting construction, completing construction, or attaining final compliance;
F. Failure to provide within thirty (30) days after the due date, any required
reports, including baseline monitoring reports, reports on compliance with categorical
pretreatment standard deadlines, periodic self-monitoring reports, and reports on
compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
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H. Any other violation(s) which the city engineer determines does adversely affect
the operation or implementation of the local pretreatment program.
14.12.090 Notice - Time limits.
Any time limit provided in any written notice or in any provision of this chapter may
be extended only by a written directive of the city engineer.
14.12.100 Inspectors.
A. Adequate identification shall be provided by the city engineer for all inspectors
and other authorized personnel and these persons shall identify themselves when entering
any property for inspection purposes or when inspecting the work of any contractor.
B. Inspection of every facility that is involved directly or indirectly with the
discharge of wastewater to the city's sewerage systems may be made by the city engineer as
he deems necessary. These facilities shall include but not be limited to sewers; sewage
pumping plants; pollution control plants; all industrial processes; industrial wastewater
generation, conveyance and pretreatment facilities, devices and connection sewers; and all
similar sewerage facilities. Inspections may be made to determine that such facilities are
maintained and operated properly and are adequate to meet the provisions of this chapter.
C. Access to all of the above facilities or to other facilities directly or indirectly
connected to the city's sewerage systems shall be given to authorized personnel of the city
at all reasonable times including those occasioned by emergency conditions. Any permanent
or temporary obstruction to easy access to the sewerage facility to be inspected shall
promptly be removed by the facility user or owner at the written or verbal request of the
city engineer and shall not be replaced.
D. No person shall unlawfully interfere with, delay, resist or refuse entrance to an
authorized city inspector attempting to inspect any wastewater generation, conveyance or
trea~nent facility connected directly or indirectly to the city's sewerage systems.
14.12.110 Amendment of chapter.
A. At least thirty (30) days before any formal consideration of an amendment to
this chapter, the city engineer shall notify, in writing, each public corporation performing
as a local sewering agency in the city's sewer service area.
B. The notice shall contain a brief description of the nature of the amendment to
be considered and the time and place when formal action will be taken.
14.12.120 Recordingfees and charges.
The city engineer shall keep a permanent and accurate account of all fees and
charges received under this chapter, giving the names and addresses of the persons on
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whose account the fees and charges were paid, the date and amount thereof, and the
purpose for which charges were paid.
14.12.130 Trade secrets.
A. In respect to trade secrets, it is determined that the public interest served by
not making said records public clearly outweighs the public interest served by the disclosure
of said records.
B. Accordingly, any trade secrets acquired by the city in the course of
implementation or enforcement of this ordinance shall not be made public except to that
extent necessary to enforce this chapter. However, disclosure of trade secrets to other
governmental agencies, including EPA, is not prohibited. Information and data provided
to the city which is effluent data shall be available to the public without restriction.
C. Notwithstanding the provisions of subsections A and B of this section,
self-monitoring reports and all effluent data shall be available to the public. All other
information submitted or which may be furnished to the city in connection with required
periodic reports shall also be available to the public unless the industrial discharger
satisfactorily demonstrates to the city engineer that the disclosure of such information or
particular portion thereof would divulge trade secrets.
IlL Regulations Generally
14.12.140 Approval of plans for sewerage construction.
A. No person, other than employees of the city or persons contracting to do work
for the city shall construct or cause to be constructed, or alter or cause to be altered, any
public sewer, lateral sewer, house connection or industrial connection sewer over six (6)
inches in diameter, sewage pumping plant, pollution control plant, or other sewerage facility
within the city where existing or proposed wastewater flows will discharge directly or
indirectly to facilities of the city without first obtaining approval of sewerage construction
plans from the city engineer.
B. The applicant shall submit to the city engineer for approval construction plans
and such specifications and other details as required to describe fully the proposed sewerage
facility. The plans shall have been prepared under the supervision of and shall be signed by
an engineer of suitable training registered in the state.
C. Plans for sewerage construction shall not be approved by the city engineer for
any facility which will convey industrial wastewater unless the discharger has first obtained
a permit for industrial wastewater discharge.
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D. Plans and specifications for sewerage construction shall meet all requirements
as established by adopted City Standards S-7, S-8, S-20 through S-23 and S-39 and all
amendments thereto as established from time to time by the city engineer.
E. An approval of plans for sewerage construction shall expire one (1) year after
date of approval unless construction has been initiated.
14.12.150 Liquid waste disposal policy.
A. Generally liquid wastes originating within the city's boundaries will be removed
by the city's sewerage systems, provided the wastes will not:
1. Damage structures;
2. Create nuisances such as odors;
3. Menace public health;
4. Impose unreasonable collection, treatment or disposal costs on the city;
5. Cause interference with wastewater treatment processes;
6. Cause pass through which will cause the city to violate its wastewater
discharge requirements; or
7. Detrimentally affect the local environment.
B. The highest and best use of the city's sewerage systems in the conveyance,
treatment and disposal of domestic wastewater.
C. To comply with stated policies of the federal government and to permit the city
to meet increasingly higher standards of treatment plant effluent quality, provisions are
made in this chapter for the regulation of industrial wastewater discharges. This chapter
establishes quantity and quality limitations on industrial wastewater discharges which may
adversely affect the city's sewerage systems or effluent quality. Methods of cost recovery
from industrial wastewater dischargers are also established where the discharges impose
inequitable collection, treatment or disposal costs to the city.
D. Optimum use of the facilities of the city may necessitate that the city engineer
require that certain industrial wastewaters be discharged during periods of low flow in the
sewerage systems of the city.
14.12.160 Permit for sewer connection.
Ao
permit.
Any person desiring to connect to a sewer of the city shall obtain a sewer
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B. A sewer permit will not be issued unless the applicant has first obtained
approval from the city engineer. A sewer permit will not be issued for any sewer which will
convey industrial wastewaters unless the discharger has first obtained a city permit for
industrial wastewater discharge.
C. Direct attachment of a sewer six inches or smaller in diameter to a city sewer
will be made only after the connection permit and wastewater discharge permit, if required,
are obtained and all required fees are paid by the applicant.
14.12.170 Plan approvals and permits not transferable.
Approval of plans for sewerage construction and sewer permits are not transferable
from one person to another person or from one location to another location.
14.12.180 Inspection of construction.
A. All sewers to be attached directly to a trunk sewer shall be inspected by
personnel of the city during construction.
B. At least forty-eight (48) hours prior to cutting into the city's sewer, the city shall
be notified.
C. On making a connection to a trunk sewer, no physical alteration of the city's
facilities shall commence until an inspector is present.
14.12.190 [Reserved]
14.12.195 Maintenance of house connection sewer.
All property owners shall maintain the house connection sewer from all points on
their property to the public sewer. It is the responsibility of all property owners to repair
any blockage of or damage to the house connection sewer. At the request of a property
owner within the incorporated area, the City will repair that portion of the house connection
sewer between the improved City right of way and the public sewer for a fee not to exceed
the cost of repair as set forth in section 3.70.040 of this Code. At the request of a property
owner in the unincorporated area, the City will repair that portion of the house connection
sewer between the improved City right of way and the public sewer for a fee to be
determined on a time and materials basis.
14.12.200 Improper use of connected sewers.
A. The city reserves the right to inspect any existing lateral or collecting sewers
that discharge wastewater directly or indirectly to trunk sewers. If it is found that such
lateral or collecting sewers are improperly used or improperly maintained, thereby causing
discharge of septic wastewater, excessive groundwater, debris or any other objectionable
substance to the city's sewers, the city engineer will give notice of the unsatisfactory
condition to the offending discharger and shall direct that the condition be corrected.
14 -.'
B. In cases of continued noncompliance with the city's directive, the city may
disconnect the offending sewer from the city's sewerage system.
C. Industrial sewer users shall notify the city immediately of all discharges that
could cause problems to the city's sewerage system, including any slug discharges, as defined
in Section 14.12.030, by the industrial user.
14.12.210 Excessive sewer maintenance expense.
A. No person shall discharge or cause to be discharged to a trunk sewer, either
directly or indirectly, any waste that creates a stoppage, plugging, breakage, any reduction
in sewer capacity or any other damage to sewers or sewerage facilities of the city. Any
excessive sewer or sewerage maintenance expenses or any other expenses attributable
thereto will be charged to the offending discharger by the city.
B. Any refusal to pay excessive maintenance expenses duly authorized by the city
engineer shall constitute a violation of this chapter.
IV. Prohibited Wastes
14.12.220 Prohibited discharges.
A. In most cases, the concentration or amount of any particular constituent which
will be judged to be excessive or unreasonable cannot be foreseen but will depend on the
results of technical determinations and the actions of regulatory agencies. The list of
constituents which may be regulated provides specific limits only where they are now
reasonably well established. The other constituents in the list are presented with the
objective of enumerating the types of wastes which will be regulated from time to time.
B. Except as provided in Section 14.12.230, no person shall discharge or cause to
be discharged to a public sewer, which directly or indirectly connects to the city's sewerage
systems, the following wastes:
1. Any waste containing pollutants which create a fire or explosion hazard in
the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less
than 140 °F or 60 °C using the test methods specified in 40 CFR 261.21.
2. Any waste containing toxic or poisonous solids, liquids or gases in such
quantities that, alone or in combination with other waste substances, may create a hazard
for humans, animals or the local environment, interfere detrimentally with wastewater
treatment processes, cause a public nuisance, or cause any hazardous condition to occur in
the sewerage system;
3. Any waste having a pH less than 6.0 or greater than 12.0 or having any
corrosive or detrimental characteristic that may cause injury to wastewater treatment or
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maintenance personnel or may cause damage to structures, equipment or other physical
facilities of the sewerage system;
4. Any solids or viscous substances of such size or in such quantity that they
may cause obstruction to flow in the sewer or be detrimental to proper wastewater
treatment plant operations; these objectionable substances include, but are not limited to,
asphalt, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metal,
glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, bones, hair and
fleshings, entrails, paper dishes, paper cups, milk containers, or other similar paper
products, either whole or ground;
5. Any rainwater, stormwater, groundwater, street drainage, subsurface
drainage, roof drainage, yard drainage, water from yard fountains, ponds or lawn sprays,
swimming pool drainage, or any other uncontaminated water, unless specifically authorized
by the city engineer;
6. Any water added for the purpose of diluting wastes which would otherwise
exceed applicable maximum concentration limitations;
7. Any nonbiodegradable cutting oils, commonly called soluble oil, which form
persistent water emulsions;
8. Any excessive concentrations of nonbiodegradable oil, petroleum oil or
refined petroleum products;
oil in excessive
system;
Any dispersed biodegradable oils and fats, such as lard, tallow or vegetable
concentrations that would tend to cause adverse effects on the sewerage
10. Any waste with an excessively high concentration of cyanide;
11. Any unreasonably large amounts of undissolved or dissolved solids;
12. Any wastes with excessively high BOD, COD or decomposable organic
content;
13. Any strongly odorous waste or waste tending to create odors;
14. Any wastes containing over 0.1 milligram/liter of dissolved sulfides;
15. Any substance promoting or causing the promotion of toxic gases;
16. Any waste having a temperature of 150°F or higher or which would result
in influent temperatures at the treatment plant in excess of 104°F;
17. Any wastes requiring an excessive quantity of chlorine or other chemical
compound used for disinfection purposes;
16 ~
18. Any excessive amounts of chlorinated hydrocarbon or organic phosphorus
type compounds;
19. Any excessive amounts of deionized water, steam condensate or distilled
water;
20. Any waste containing substances that may precipitate, solidify or become
viscous at temperatures between 50°F and 100°F;
21. Any garbage or waste that is not ground sufficiently to pass through a 3A
inch screen;
22. Any wastes containing excessive quantities of boron, chromium, phenols,
plastic resins, copper, nickel, zinc, lead, mercury, cadmium, selenium, arsenic or any other
objectionable materials toxic to humans, animals, the local environment or to biological or
other wastewater treatment processes; in no event shall the below-specified limits for Plant
2 or Plant 3 be exceeded:
Plant 2 Plant 3
Arsenic 0.81 mg/L 1.00 mg/L
Cadmium 0.11 mg/L 0.19 mg/L
Chromium (total) 4.28 mg/L 5.00 mg/L
Copper 3.97 mg/L 7.13 mg/L
Lead 0.90 mg/L 1.48 mg/L
Mercury 0.20 mg/L 0.09 mg/L
Molybdenum 0.80 mg/L 1.47 mg/L
Nickel 0.75 mg/L 6.64 mg/L
Selenium 0.59 mg/L 0.45 mg/L
Silver 2.41 mg/L 2.81 mg/L
Zinc 6.93 mg/L 5.25 mg/L
Benzene 0.50 mg/L 0.50 mg/L
1,2-Diehlorobenzene 0.30 mg/L 0.50 mg/L
1,4-Dichlorobenzene 1.20 mg/L 5.50 mg/L
Ethylbenzene 7.920 mg/L 7.920 mg/L
Methylene chloride 31.0 mg/L 44.0 mg/L
Phenols 2000 mgfL 300 mg/L
Tetrachloroethene Zero mg/L Zero mg/L
Toluene 3.390 mg/L 3.390 mg/L
Total Dissolved Solids 3500 mg/L 2700 mg/L
pH 6-12 unit 6-12 unit
Notwithstanding the limitations that are specified above in this section:
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a. The city may impose more restrictive standards or requirements on
prohibitions or the terms of the city's Waste Discharge Order.
b.The city may authorize discharges containing higher concentrations on a
site-specific basis, provided that the concentrations of such discharges shall not cause pass
through or interference. Upon approval by the city, site-specific limitations shall be
established through the terms specified in the discharger's Industrial Wastewater Discharge
Permit. The city may impose mass limitations in addition to, or in place of, concentration
based limitations. However, no special agreement shall be allowed to contravene Federal,
State or local pretreatment standards.
23. Any blowdown or bleed water from cooling towers or other evaporative
coolers exceeding % of the makeup water;
24. Any single pass cooling water;
25. Any excessive quantities of radioactive material wastes;
26. Recognizable portions of the human anatomy.
C. No person shall discharge or cause to be discharged to any public sewer which
directly or indirectly connects to the city's sewerage system any wastes, if in the opinion of
the city engineer such wastes may have an adverse or harmful effect on sewers, maintenance
personnel, wastewater treatment plant personnel or equipment, treatment plant effluent
quality, public or private property, or may otherwise endanger the public, the local
environment or create a public nuisance. The city engineer, in determining the acceptability
of specific wastes, shall consider the nature of the waste and the adequacy and nature of the
collection, treatment and disposal system available to accept the waste.
D. The city engineer shall from time to time prepare a list of the maximum
permissible quantities or concentrations of certain constituents in industrial wastewater flows
and otherwise issue detailed directions for meeting the requirements of this section.
14.12.230 Hospital wastes.
A. Hospitals, clinics, offices of medical doctors and convalescent homes:
1. May discharge, through a city-approved grinder installation with inlet size
and design features suitable for its intended use and so constructed that all particles pass
through a maximum 3A inch opening, wastes of the following categories:
a. Wet organic kitchen wastes from food preparation and disposal but
excluding all paper and plastic items;
their use;
b. Disposable hypodermic needles, syringes and associated articles following
18
c. Infectious wastes, defined as:
i. Laboratory and surgical operating room wastes except as excluded
in paragraph 2.b. of this subsection;
ii. Wastes from outpatient areas and emergency rooms similar to those
included in subparagraph i. of this paragraph;
iii. Equipment, instruments, utensils and other materials of a disposable
nature that may harbor or transmit pathogenic organisms and that are used in the rooms
of patients having a suspected or diagnosed communicable disease which by the nature of
the disease is required to be isolated by public health agencies;
2. Shall not discharge to the sewer by any means:
a. Solid wastes generated in the rooms of patients who are not isolated
because of a suspected or diagnosed communicable disease;
b. Recognizable portions of the human anatomy;
c. Wastes excluded by other provisions of this chapter except as specifically
permitted in A. 1. of this subsection;
d. All solid wastes not included in A.1. of this subsection.
B. Nothing contained in this section shall be construed to limit the authority of the
health officer of the county to define wastes as being infectious and, with the concurrence
of the city engineer, to require that they be discharged to the sewer.
V. Industrial Wastewaters
14.12.240 Discharge permit - Requirements generally.
A. No person shall discharge or cause to be discharged any industrial wastewaters
directly or indirectly to sewerage facilities owned by the city without first obtaining a city
permit for industrial wastewater discharge.
B. The permit for industrial wastewater discharge may require pretreatment of
industrial wastewaters before discharge, restriction of peak flow discharges, discharge of
certain wastewaters only to specified sewers of the city, relocation of point of discharge,
prohibition of discharge of certain wastewater components, restriction of discharge to
certain hours of the day, payment of additional charges to defray increased costs of the city
created by the wastewater discharge and such other conditions as may be required to
effectuate the purpose of this chapter. Specific discharge limits, as specified in the National
Categorical Standards, shall be included in each permit: provided, however, that if no such
limit has been established, the city engineer shall ascertain the limit to be applied to the
discharger and such limit shall be incorporated in the permit. Those limits set by the city
19
engineer pursuant to subsection D of Section 14.12.220 of this chapter shall be no less
stringent than applicable state and National Categorical Standards.
C. No person shall discharge industrial wastewaters in excess of the quantity or
quality limitations set by the permit for industrial wastewater discharge. Any person
desiring to discharge wastewaters or use facilities which are not in conformance with the
industrial wastewater permit or desiring to change its discharge parameters, shall apply to
the city for an amended permit. An amended permit shall be secured before discharging
at limits in excess of the current permit condition. New or increased contributions of
pollutants to the city sewerage system by Industrial Users, where such contributions do not
meet applicable National Pretreatment Standards and the requirements set forth in this
chapter or where such contributions would cause the city to violate its waste discharge
requirements, are prohibited, and no amended permit shall be issued for such contributions.
D. A schedule for complying with anyindustrial effluent limitations, self-monitoring
requirements or other requirements deemed necessagy by the city engineer to insure
compliance with city, county, state or federal rules and regulations shall be submitted to the
city for approval. The city engineer may require compliance schedule progress reports, a
report on final compliance with effluent limitations and standards, and periodic reports on
continued compliance.
E. At least once every two (2) years, the city engineer shall evaluate whether each
significantindustrial user needs an accidental discharge/slug control plan. The city engineer
may require any user to develop, submit for approval, and implement such a plan.
Alternatively, the city engineer may develop such a plan for any user. An accidental
discharge/slug control plan shall address, at a minimum, the following:
1. Description of discharge practices, including nonroutine batch discharges;
2. Description of stored chemicals;
3. Procedures for immediately notifying the city engineer of any accidental or
slug discharge, as required by Section 14.12.325.F.; and
4. Procedures to prevent adverse impact from any accidental or slug discharge.
Such procedures include, but are not limited to, inspection and maintenance of storage
areas, handling and transfer of materials, loading and unloading operations, control of plant
site runoff, worker training, building of containment structures or equipment, measures for
containing toxic organic pollutants, including solvents, and/or measures and equipment for
emergency response.
14.12.250 Discharge permit - Application procedure - Conditions for approval.
A. Applicants for a permit for industrial wastewater discharge shall complete a city
application form available at the office of the city engineer. The city may require additional
information on the characteristics of the wastewater discharge beyond that required on the
application form.
B. Any person signing the application statement submitted pursuant to this section
shall make the following certification:
"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 asaure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inqui~ of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
C. Upon approval of the application, an industrial waste discharge permit will be
issued and the application, plans, specifications and data (the compliance schedule in the
case of an interim permit) submitted in support will be considered as part of the discharge
permit.
D. The application shall be approved if the applicant has complied with all
applicable requirements of this chapter and furnished to the city all requested information
and if the city engineer determines that there is adequate capacity in the city's facilities to
convey, treat and dispose of the wastewaters.
14.12.260 Discharge permit - Change of restrictions.
A. The city may change the restrictions or conditions of a permit for industrial
wastewater discharge from time to time as circumstances may require.
B. The city shall allow an industrial discharger a reasonable period of time to
comply with any changes in the industrial wastewater permit required by the city.
14.12.270 Discharge permit - Suspension - Conditions for reinstatement.
A. The city engineer may suspend a permit for industrial wastewater discharge
when such suspension is necessary in order to stop a discharge which presents an actual or
threatened hazard to the public health, safety or welfare, to the local environment or to the
city's sewerage system.
B. Any discharger notified of a suspension of his industrial wastewater permit shall
immediately cease and desist the discharge of all industrial wastewater to the sewerage
system. In the event of a failure of the discharger to comply voluntarily with the suspension
order, the city engineer shall take such steps as are reasonably necessary to insure
compliance. In the event of an emergency, the city may terminate the discharge of all
industrial wastewater to the sewerage system immediately.
C. The city engineer shall reinstate the industrial wastewater permit upon proof
of satisfactory compliance with all discharge requirements of the city.
0'¥;'~ ;- ~L
14.12.280 Discharge permit - Revocation.
The city engineer may revoke a wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
A. Failure to notify the city engineer of significant changes to the wastewater prior
to the changed discharge;
B. Failure to provide prior notification to the city engineer of changed conditions
pursuant to Section 14.12.240 C. of this ordinance;
C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application;
D. Falsifying self-monitoring reports;
E. Tampering with monitoring equipment;
F. Refusing to allow the city engineer timely access to the facility premises and
records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge permit
application;
L. Failure to provide advance notice of the transfer of business ownership of a
permitted facility; or
M. Violation of any pretreatment standard or requirement, or any terms of the
wastewater discharge permit or this ordinance.
Wastewater discharge permits shall be voidable upon cessation of operations or
transfer of business ownership. All wastewater discharge permits issued to a particular user
are void upon the issuance of a new wastewater discharge permit to that user.
14.12.290 Restrictions or refusal of service pursuant to availability of city's facilities.
A. If sewerage capacity is not available, the city may require the industrial
wastewater discharger to restrict his discharge until sufficient capacity can be made
available.
22
B. When requested, the city will advise persons desiring to locate new facilities as
to the areas where industrial wastewater of their proposed quantity and quality can be
received by available sewerage facilities.
C. The city may refuse service to persons locating facilities in areas where their
proposed quantity or quality of industrial wastewater is unacceptable in the available
treatment facility.
14.12.300 Pretreatment- Devices required.
A. An industrial wastewater pretreatment system or device may be required by the
city engineer to treat industrial flows prior to discharge to the sewer when it is necessary
to restrict or prevent the discharge to the sewer of certain waste constituents, to distribute
more equally over a longer time period any peak discharges of industrial wastewaters or to
accomplish any pretreatment result required by the city engineer. All pretreatment systems
or devices shall be approved by the city engineer but such approval shall not absolve the
industrial discharger of the responsibility for meeting any industrial effluent limitation
required by the city including all applicable federal, state and local limitations and
requirements. In special cases, the city engineer may require construction of sewer lines by
the discharger to convey certain industrial wastes to a specific city trunk sewer. All
pretreatment systems judged by the city engineer to require engineering design shall have
plans prepared and signed by an engineer of suitable discipline licensed in the state. In no
case shall an industrial waste discharger be absolved of the responsibility of complying with
applicable industrial waste discharge standards or requirements established by the state or
local government or established by the federal government pursuant to Section 307 of the
Clean Water Act, as amended or the federal pretreatment regulations promulgated pursuant
to Section 307. This includes both existing standards or requirements and any standards or
requirements which may be enacted or promulgated by the federal, state, or local
government.
B. Normally a gravity separation interceptor, equalizing tank, neutralization
chamber, control manhole or other monitoring facility, and a spill containment system, will
be required respectively to remove prohibited settleable and floatable solids, to equalize
wastewater streams varying greatly in quantity and/or quality, to neutralize low or high pH
flows, to facilitate inspection, flow measurement and sampling, and to prevent discharge to
the sewer of quantities of toxic materials due to rupture of a tank or pipeline or other such
accidental occurrences. Spill containment systems shall conform to requirements established
by the city engineer and shall in no event be dependent upon electrical or other energy. No
industrial waste discharger shall operate a spill containment system that allows incompatible
liquids to mix thereby creating hazardous or toxic substances in the event of the failure of
more than one container. Floor drains from commercial or manufacturing buildings,
warehouses or multi-use structures shall not discharge directly to the sewer, but shall first
discharge to a gravity separation interceptor.
23
14.12.310 Separation of domestic and industrial wastewaters.
All domestic wastewaters from rest rooms, showers, drinking fountains, etc., shall
be kept separate from all industrial wastewaters until the industrial wastewaters have passed
through any required pretreatment system or device and the industrial wastewater
monitoring facility or station.
14.12.320 Sampling, analysis and flow measurements.
A. Periodic measurements of flow rates, flow volumes, BOD and suspended solids
for use in determining the annual industrial wastewater treatment surcharge and such
measurements of other constituents believed necessary by the city engineer shall be made
by all industrial wastewater dischargers, unless specifically relieved of such obligation by the
city engineer. All sampling, analyses and flow measurements of industrial wastewaters shall
be performed by a state-certified independent laboratory, by a laboratory of an industrial
discharger approved by the city engineer or by personnel of the city. Prior to submittal to
the city of data developed in the laboratory of an industrial discharger, the results shall be
verified by a responsible administrative official of the industrial discharger under the penalty
of perjury.
B. All wastewater analyses shall be conducted in accordance with the appropriate
procedure contained in the federal guidelines establishing test procedures for the analysis
of pollutants" 40 CFR part 136, Test Procedures". If no appropriate procedure is contained
therein, the standard procedure of the industry or a procedure judged satisfactory by the
city engineer shall be used to measure wastewater constituents. Any independent laboratory
or discharger performing tests shall furnish any required test data or information on the test
methods or equipment used, if requested to do so by the city engineer.
C. All dischargers making periodic measurements shall furnish and install at the
control manhole or other appropriate location a calibrated flume, weir, flow meter or
similar device approved by the city engineer and suitable to measure the industrial
wastewater flow rate and total volume. A flow indicating, recording and totalizing register
may be required by the city engineer in lieu of wastewater flow measurement, the city
engineer may accept records of water usage and adjust the flow volumes by suitable factors
to determine peak and average flow rates for the specific industrial wastewater discharge.
D. The sampling, analysis and flow measurement procedures, equipment and
results shall be subject at any time to inspection by the city. Sampling and flow
measurement facilities shall be such as to provide safe access to authorized personnel.
E. Those industrial wastewater dischargers required by the city engineer to make
periodic measurements of industrial wastewater flows and constituents shall annually make
the minimum number of such measurements required. The minimum requirement for such
periodic measurements shall be at least two twenty-four (24) hour measurements per year.
Representative samples of the industrial wastewater shall be obtained at least once per hour
over the 24-hour period, properly refrigerated, composited according to measured flow rates
during the twenty-four (24) hours and analyzed for the specified wastewater constituents.
24
Dischargers required to sample on only a few days per year shall sample during the periods
of highest wastewater flow and wastewater constituent discharges. Industrial plants with
large fluctuations in quantity or quality of wastewater may be required to provide
continuous sampling and analyses for every working day. When required by the city
engineer, dischargers shall install and maintain in proper order automatic flow proportional
sampling equipment and/or automatic analysis and recording equipment.
F. Measurements to verify the quantities of waste flows and waste constituents
reported by industrial dischargers will be conducted on a random basis by personnel of the
city.
G. Each industrial discharger, including those subject to self-monitoring and
reporting requirements, shall retain for a minimum of three (3) years records of monitoring
activities and results and shall make such records available upon request for inspection and
copying by inspectors and other authorized personnel of the city acting pursuant to Section
14.12.100 or otherwise pursuant to this chapter. Such records shall be retained during the
pendency of any litigation regarding industrial discharge or for such additional periods as
may be requested by county, state or federal entities.
14.12.325 Reporting requirements for industrial users.
A. Baseline Monitoring Reports. Within 180 days after the effective date of a
categorical Pretreatment Standard, or 180 days after the final administrative decision made
upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later,
existing Industrial Users subject to such categorical Pretreatment Standards and currently
discharging to or scheduled to discharge to a POTW shall be required to submit to the city
a report which contains the information listed in paragraphs A. 1. - A.7. of this section.
Where reports containing this information already have been submitted to the Director or
Regional Administrator in compliance with the requirement of 40 CFR 128.140(b) (1977),
the Industrial User will not be required to submit this information again. At least 90 days
prior to commencement of discharge, New sources, and sources that become Industrial
Users subsequent to the promulgation of an applicable categorical Standard, shall be
required to submit to the city a report which contains the information listed in paragraphs
A. 1. - A.5. of this section. New sources shall also be required to include in this report
information on the method of pretreatment the source intends to use to meet applicable
pretreatment standards. New sources shall give estimates of the information requested in
paragraphs A.4. and A.5. of this section.
1. Identifying information. The user shall submit the name and address of the
facility including the name of the operator and owners;
2. Permits. The user shall submit a list of any environmental control permits
held by or for the facility;
3. Description of operations. The user shall submit a brief description of the
nature, average rate of production, and Standard Industrial Classification of the operation(s)
25
carried out by such Industrial User. This description should include a schematic process
diagram which indicates points of Discharge to the POTW from the regulated processes.
4. Flow Measurement. The user shall submit information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW from each of the
following:
a. Regulated process streams; and
b. Other streams as necessary to allow use of the combined wastestream
formula of 40 CFR 403.6(e). (See paragraph A.5.e. of this section.) The city may allow for
verifiable estimates of these flows where justified by cost or feasibility considerations.
5. Measurement of Pollutants.
a. The user shall identify the Pretreatment Standards applicable to each
regulated process.
b. In addition, the User shall submit the results of sampling and analysis
identifying the nature and concentration (or mass, where required by the Standard or city)
of regulated pollutants in the Discharge from each regulated process. Both daily maximum
and average concentration (or mass, where required) shall be reported. The sample shall
be representative of daily operations.
c. A minimum of four (4) grab samples must be used for pH, cyanide, total
phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour
composite samples must be obtained through flow-proportional composite sampling
techniques where feasible. The city may waive flow-proportional composite sampling for
any Industrial User that demonstrates that flow-proportional sampling is infeasible. In such
cases, samples may be obtained through time-proportional composite sampling techniques
or through a minimum of four (4) grab samples where the User demonstrates that this will
provide a representative sample of the effluent being discharged.
d. The User shall take a minimum of one representative sample to compile
that data necessary to comply with the requirements of this paragraph.
e. Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated process if no
pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to
pretreatment the User should measure the flows and concentrations necessary to allow use
of the combined wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance
with the Pretreatment Standards. Where an alternate concentration or mass limit has been
calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data
shall be submitted to the city.
f. Sampling and analysis shall be performed in accordance with the
techniques prescribed in 40 CFR part 136 and amendments thereto. Where 40 CFR part
136 does not contain sampling or analytical techniques for the pollutant in question, or
where the Administrator determines that the part 136 sampling and analytical techniques
are inappropriate for the pollutant in question, sampling and analysis shall be performed
by using validated analytical methods or any other applicable sampling and analytical
procedures, including procedures suggested by the city or other parties, approved by the
Administrator.
g. The city may allow the submission of a baseline report which utilizes
only historical data so long as the data provides information sufficient to determine the
need for industrial pretreatment measures.
h. The baseline report shall indicate the time, date and place, of sampling,
and methods of analysis, and shall certify that such sampling and analysis is representative
of normal work cycles and expected pollutant Discharges to the POTW.
6. Certification. The user shall submit a statement, reviewed by an authorized
representative of the Industrial User (as defined in Section 14.12.250.B. and certified to by
a qualified professional, indicating whether Pretreatment Standards are being met on a
consistent basis, and, if not, whether additional operation and maintenance (O and M)
and/or additional pretrealment is required for the Industrial User to meet the Pretreal~nent
Standards and Requirements; and
7. Compliance schedule. If additional pretreatment and/or O and M will be
required to meet the Pretreatment Standards, the user shall submit the shortest schedule
by which the Industrial User will provide such additional pretreatment and/or O and M.
The completion date in this schedule shall not be later than the compliance date
established for the applicable Pretreatment Standard.
a. Where the Industrial User's categorical Pretreatment Standard has been
modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40
CFR 403.6(e)), and/or a Fundamentally Different Factors variance (40 CFR 403.13) at the
time the User submits the report required by paragraph A. of this section, the information
required by paragraphs A.6. and A.7. of this section shall pertain to the modified limits.
b. If the categorical Pretreaanent Standards are modified by a removal
allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or
a Fundamentally Different Factors variance (40 CFR 403.13) after the User submits the
report required by paragraph A. of this section, any necessa~ amendments to the
information requested by paragraphs A.6. and A.7. of this section shall be submitted by the
User to the city within 60 days after the modified limit is approved.
B. Report on compliance with categorical pretreatment standard deadline. Within 90
days following the date for final compliance with applicable categorical Pretreatment
Standards or in the case of a New Source following commencement of the introduction of
wastewater into the POTW, any Industrial User subject to Pretreal~nent Standards and
Requirements shall submit to the city a report containing the information described in
paragraphs A.4. - A.6. of this section. For Industrial Users subject to equivalent mass or
concentration limits established by the city in accordance with the procedures in 40 CFR
403.6(c), this report shall contain a reasonable measure of the User's long term production
rate. For all other Industrial Users subject to categorical Pretreatment Standards expressed
in terms of allowable pollutant discharge per unit of production (or other measure of
operation), this report shall include the User's actual production during the appropriate
sampling period.
C. Periodic reports on continued compliance.
1. Any Industrial User subject to a categorical Pretreatment Standard, after
the compliance date of such Pretreatment Standard, or, in the case of a New Source, after
commencement of the discharge into the POTW, shall submit to the city during the months
of June and December, unless required more frequently in the Pretreatment Standard or
by the city or the Approval Authority, a report indicating the nature and concentration of
pollutants in the effluent which are limited by such categorical 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 reported in paragraph A.4.
of this section except that the city may require more detailed reporting of flows. At the
discretion of the city and in consideration of such factors as local high or low flow rates,
holidays, budget cycles, etc., the city may agree to alter the months during which the above
reports are to be submitted.
2. Where the city has imposed mass limitations on Industrial Users as provided
for by 40 CFR 403.6(d), the report required by paragraph C. 1. of this section shall indicate
the mass of pollutants regulated by Pretreatment Standards in the Discharge from the
Industrial User.
3. For Industrial Users subject to equivalent mass or concentration limits
established by the city in accordance with the procedures in 40 CFR 403.6(c), the report
required by paragraph C.1. shall contain a reasonable measure of the User's long term
production rate. For all other Industrial Users subject to categorical Pretreatment
Standards expressed only in terms of allowable pollutant discharge per unit of production
(or other measure of operation), the report required by paragraph C.1. shall include the
User's actual average production rate for the reporting period.
D. Reporting requirements for lndustrial Users not subject to categorical Pretreatment
Standards. The city shall require appropriate reporting from those Industrial Users with
discharges that are not subject to categorical Pretreatment Standards. Significant
Noncategorical Industrial Users shall submit to the city at least once every six (6) months
(on dates specified by the city) a description of the nature, concentration, and flow of the
pollutants required to be reported by the city. These reports shall be based on sampling
and analysis performed in the period covered by the report, and performed in accordance
with the techniques described in 40 CFR part 136 and amendments thereto. Where 40 CFR
part 136 does not contain sampling or analytical techniques for the pollutant in question,
or where the Administrator determines that the part 136 sampling and analytical techniques
are inappropriate for the pollutant in question, sampling and analysis shall be performed
by using validated analytical methods or any other applicable sampling and analytical
procedures, including procedures suggested by the city or other persons, approved by the
Administrator. This sampling and analysis may be performed by the city in lieu of the
significant noncategorical industrial user. Where the city itself collects all the information
required for the report, the noncategorical significant industrial user will not be required
to submit the report.
E. Notice of V~olation/Resampling Requirement. If sampling performed by an
Industrial User indicates a violation, the user shall notify the city within twenty-four (24)
hours of becoming aware of the violation. The User shall also repeat the sampling and
analysis and submit the results of the~repeat analysis to the city within thirty (30) days after
becoming aware of the violation, except the Industrial User is not required to resample if:
1. The city performs sampling at the Industrial User at a frequency of at least
once per month, or
2. The city performs sampling at the User between the time when the User
performs its initial sampling and the time when the User receives the results of this
sampling.
F. Notice of slug discharge. In the event a slug discharge occurs, the discharger
shall notify the city immediately by phone, followed with a written notification. Said written
notification discussing circumstances and remedies shall be submitted to the city within five
(5) days of the occurrence.
G. Notice of discharge of Hazardous Wastes.
1. The Industrial User shall notify the city, the EPA Regional Waste
Management Division Director, and State hazardous waste authorities in writing of any
discharge into the POTW of a substance, which, if otherwise disposed of, would be a
hazardous waste under 40 CFR part 261. Such notification must include the name of the
hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and
the type of discharge (continuous, batch, or other). If the Industrial User discharges more
than 100 kilograms of such waste per calendar month to the POTW, the notification shall
also contain the following information to the extent such information is known and readily
available to the Industrial User: An identification of the hazardous constituents contained
in the wastes, an estimation of the mass and concentration of such constituents in the
wastestream discharged during that calendar month, and an estimation of the mass of
constituents in the wastestream expected to be discharged during the following twelve (12)
months. All notifications must take place within 180 days of the effective date of this rule.
Industrial users who commence discharging after the effective date of this rule shall provide
the notification no later than 180 days after the discharge of the listed or characteristic
hazardous waste. Any notification under this paragraph need be submitted only once for
each hazardous waste discharged. However, notifications of changed discharges must be
submitted under 40 CFR 403.12 0). The notification requirement in this section does not
apply to pollutants already reported under the self-monitoring requirements of 40 CFR
403.12 (b), (d), and (e).
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2. Dischargers are exempt from the requirements of paragraph G.I. of this
section during a calendar month in which they discharge no more than fifteen (15)
kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified
in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-
acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes
as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-tune notification.
Subsequent months during which the Industrial User discharges more than
such quantities of any hazardous waste do not require additional notification.
3. In the case of any new regulations under section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional substance as a
hazardous waste, the Industrial User shall notify the city, the EPA Regional Waste
Management Waste Division Director, and State hazardous waste authorities of the
discharge of such substance within 90 days of the effective date of such regulations.
4. In the case of any notification made under paragraph G. of this section, 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 been determined to be economically
practical.
14.12.330 Discrepancies between actual and reported discharge quantities.
A. Should measurements or other investigations reveal that the industrial
discharger is discharging a flow rate, or a quantity of flow, biochemical oxygen demand or
suspended solids significantly in excess of that stated on the industrial wastewater permit
or in excess of the quantities reported to the city by the discharger and upon which the
industrial wastewater treatment surcharge is based, the discharger shall apply for an
amended industrial wastewater permit and shall be assessed for all delinquent charges
together with the penalty and interest provided for in Section 14.12.390. Before these
charges shall be assessed at least two additional 24-hour samples and flow measurements
shall be obtained by the city with all costs of sampling and analyses to be paid by the
discharger.
B. For the purpose of establishing the correct trealment surcharge, the data
obtained in these samplings along with any other relevant information obtained by the city
or presented by the discharger, shall be used by the city engineer in determining the
quantity parameters for use in the surcharge formula. An industrial discharger found in
violation shall, in the absence of other evidence, be presumed to have been discharging at
the determined parameter values over the preceding three (3) years or subsequent to the
previous city verification of quantity parameters, whichever period is shorter.
14.12.340 Industry discharge classifications - Parameter establishing surcharge.
The city engineer may classify dischargers by industrial categories and establish an
industrial wastewater treatment surcharge based upon average flow quality and flow quantity
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for the industrial category adjusted by some commonly recognized parameter selected by
the city engineer that establishes the relative size of the industrial discharger being charged.
14.12.350 Damage caused by prohibited discharge, slug discharges, or by other causes.
Any industrial wastewater discharger who discharges or causes the discharge of
prohibited wastewaters or slug discharges which cause damage to city's facilities, detrimental
effects on treaUnent processes, or any other damages resulting in costs to the city shall be
liable to the city for all damages occasioned thereby.
14.12.360 Existing dischargers.
A. All persons discharging industrial wastewater directly or indirectly to the city's
sewerage systems prior to the effective date of the ordinance codified in this chapter and
who have obtained a permit or approval of industrial wastewater discharge from the local
sewering agency or from the city are granted a temporary permit to discharge industrial
wastewaters.
B. This temporary permit shall expire six (6) months after notification by the city
engineer that a new permit is to be obtained, or after two (2) years from the effective date
of the ordinance codified in this chapter, whichever should first occur.
C. Prior to the expiration of the temporary permit, the industrial wastewater
discharger shall apply for and obtain a permit for industrial wastewater discharge.
VI. Trucker's Discharge Permits
14.12.370 Requirements.
A. All persons owning vacuum or "cesspool" pump trucks or other liquid waste
transport trucks and desiring to discharge septic tank, seepage pit, interceptor or cesspool
contents, industrial liquid wastes or other liquid wastes to sewerage facilities of the city or
to facilities that discharge directly or indirectly to such sewerage facilities shall first have a
valid city's trucker's discharge permit. All applicants for a trucker's discharge permit shall
complete the application form, pay the appropriate fee, receive a copy of the city's
regulations governing discharge to sewers of liquid wastes from trucks and shall agree, in
writing, to abide by these regulations.
B. Discharge of septic tank, seepage pit, interceptor or cesspool contents or other
wastes containing no industrial wastes may be made by trucks holding a city's permit at the
eity's designated public dumping location. Truck transported industrial wastes shall be
discharged only at the locations specified by the city engineer for the specific waste. The city
may require payment for treatment and disposal costs or may refuse permission to discharge
certain prohibited wastes.
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C. The trucker's discharge permit shall be valid for one (1) year from date of
issuance.
D. Any person negligently or wilfully violating the city's requirements for liquid
waste discharges from trucks shall be in violation of this chapter and may have his permit
revoked by the city engineer.
VII. User Charges and Fees
14.12.380 Establishment.
The city council shall establish by resolution or ordinance fees for each fiscal year
sufficient to recover to the city reasonable costs of providing sewer connection services,
which include the costs associated with and necessitated by the upgrading and expansion of
sewer facilities', which fees shall be reviewed and revised from time to time as determined
appropriate by the city council.
14.12.390 Payment requirements.
A. All fees and charges imposed under the provisions of this chapter, except
connection charges which shall be due and payable upon application for a building permit
or permit to connect an existing building, shall be collected by the county tax collector
pursuant to the provisions of Section 50 of the Charter of the city and Section 51330 et seq.
of the Government Code, in accordance with an annual resolution of the city council
therefor, which resolution shall be adopted in time for transmittal to the county tax collector
each fiscal year.
B. Surcharges applicable to commercial and industrial users shall be due and
payable upon billing therefor and become delinquent sixty (60) days after billings are
mailed. The owner of each property served and any and all tenants, to the same proportion
as their tenancy bears to the entire property, are jointly and severally liable for payment of
such surcharges. An additional ten percent (10%) administrative service charge and interest
at the rate of one percent (1%) per month shall be added to any surcharge which is
delinquent. Should the city initiate court action to collect amounts due, the city shall be
entitled also to collect its reasonable costs therein.
14.12.400 Estimates on quantities and values.
Unless otherwise provided in this chapter, whenever the fees and charges required
by this chapter are based on estimated values or estimated quantities, the city engineer shall
make such determinations in accordance with established estimating practices.
*Editor's Note: Sewer connection charges are not codified herein. A current copy of said
charges may be found on file in the office of the city clerk.
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VIII. Violation - Penalty
14.12.410 Violation - Penalty
A. Any person who violates any provision of this chapter shall be liable to the city
in a sum not to exceed Twenty Five Thousand Dollars ($25,000.00) in damages for each day
in which such violation occurs. In the event of such violation, the city may petition the
Superior Court to impose, assess, and recover such sums.
B. Any person who violates any provision of this chapter is guilty of a misdemeanor
and, upon conviction thereof, may be punished by imprisonment in the County jail not
exceeding six (6) months, or by fine not exceeding One Thousand Dollars ($1,000), or by
both.
C. Each day during which any violation described in subsection B continues shall
constitute a separate offense punishable as provided in subsection B of this section.
D. In addition to any other remedy provided by law, including the remedy specified
in section 14.12.280 (revocation of permit and permanent disconnection), any violation of
the provisions of this chapter or discharge of industrial waste contrary to the requirements
of this chapter, is determined and declared to be a public nuisance and may be abated and
enjoined pursuant to state law, or Chapter 8.80 of this code, or both. This chapter may also
be enforced by injunction issued from the Superior Court upon suit by the City.
E. The remedies provided for in this section are not exclusive, but are in addition
to any other remedies previously set forth in this chapter or that may be provided by any
federal, state, or local law. In addition, the city engineer may pursue any, all, or any
combination of these remedies against any person who violates any provision of this
ordinance.
SECTION 2.
This Ordinance shall be posted in accordance with provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
.......... oo0oo ..........
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
fill~ $ 0 ~ , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON,~, McDERMOT'I~, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCtLtv!Et.~::.~ _ . /~,')~,'~ ~
ABSTAIN: COUNQLME~vi~ER ~)~'~'~ ~
ABSEN~ ~UNCI~EMBER ~'~ '~ ~,'~
~I~ CLERK a~d ~ Of~cio Clerk of the
Council of ~e Ci~ of Bakersfield
APPROVED AUG $ 0 1995
Mayor of the City of Bakersfield
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
ROBERT M. SHERFY,
Assistant City Attorney
ord-ww.rev~chap 14 t 2.r ev
07/06/95
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )
CAROL WILLIAMS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of
the City of Bakersfield; and that on the 31st day of August, 1995
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3667, passed by the
Bakersfield City Council at a meeting held on the 30th day of
August, 1995, and entitled:
AN ORDINACE AMENDING CHAPTER 14.12 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO SEWERS
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield