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HomeMy WebLinkAboutStandard Provisions 2010 S:\A-Rev\Septage\SEPTAGE-FORMS\Standard Provisions 2010.DOC Page 1 of 6 12/15/2009 CITY OF BAKERSFIELD WASTEWATER DIVISION STANDARD PROVISIONS AND REPORTING REQUIREMENTS FOR SEPTAGE HAULER DISCHARGE PERMITS JANUARY 1, 2010 PART I: GENERAL CONDITIONS 1. Severability The provisions of the Septage Hauler Discharge Permit are severable, and if any provision of the permit, or the application of any provision of the permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of the permit, shall not be affected thereby. 2. Duty to Comply The Septage Hauler must comply with all conditions of the permit. Failure to comply with the requirements of the permit may be grounds for administrative action, or enforcement proceedings including civil or criminal penalties, injunction relief, and summary abatements. 3. Duty to Mitigate The Septage Hauler shall take all reasonable steps to minimize or correct any adverse impact to the public wastewater treatment plants or the environment resulting from noncompliance with the permit. 4. Permit Modification a) The terms and conditions of the permit may be subject to modifications by the City at any time as limitations or requirements, as identified in the Bakersfield Municipal Code (BMC) Chapter 14.12, are modified or other just cause exists. b) The permit may also be modified to incorporate special conditions resulting from the issuance of a special order. c) The terms and conditions may be modified as a result of the EPA promulgating new federal standards. d) Any permit modifications which result in new conditions in the permit shall include a reasonable time schedule for compliance if necessary. 5. Permit Termination The permit issued to the Septage Hauler by the City may be revoked when, after inspection, monitoring or analysis, the city determines that the discharge of septage or other wastes at the septage receiving stations is in violation of Federal, State, or local laws, ordinances, or regulations. Additionally, falsification or intentional misrepresentation of data or statements pertaining to the permit application, septage hauler discharge manifests, or any other required reporting form, shall be considered sufficient cause for permit revocation. S:\A-Rev\Septage\SEPTAGE-FORMS\Standard Provisions 2010.DOC Page 2 of 6 12/15/2009 6. Property Rights The issuance of the permit does not convey property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any violation of Federal, State, or local laws or regulations. 7. Limitation on Permit Transfer The permit becomes void upon change of owner/operator. Change of ownership shall obligate the new owner to apply to the city for a new permit, even if the new owner is using the prior owner’s vehicles, to continue discharging at the City's septage receiving facilities. Any outstanding charges and fees owed to the City by the prior owner shall be paid prior to permit approval for, or discharge by, the new owners or operator(s). 8. Duty to Reapply If the Septage Hauler wishes to continue discharging septage and other wastes regulated by the permit, after the expiration date of the permit, the Septage Hauler must submit a completed "Supplement to Application" at least ten (10) days before the expiration date of the permit. 9. Continuation of Expired Permits An expired permit will continue to be effective and enforceable until the permit is reissued if: a) The Septage Hauler has submitted a completed Supplement to Application form at least ten (10) days prior to the expiration date of the discharger's existing permit. b) The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the Septage Hauler. 10. Retention of Records The Septage Hauler shall retain a copy of all reports and manifests required by the permit, and records of all data used to complete the application for the permit, for a period of at least three (3) years from the date of the report, manifest, application, or Supplement to Application. This period may be extended by request of the City of Bakersfield at any time. 11. Civil and Criminal Liability Nothing in the permit shall be construed to relieve the Septage Hauler from civil and/or criminal penalties for noncompliance under BMC Chapter 14.12 or State or Federal laws or regulations. 12. Penalties for Violations of Permit Conditions Any person who violates any provision of BMC Chapter 14.12 shall be liable to the city for all direct or indirect costs of administration, monitoring, sampling, response, containment, and/or remediation incurred. The BMC Section 14.12.410 provides that any person who violates a permit condition is subject to a civil penalty not to exceed Ten Thousand Dollars ($10,000) per day of such violation. Any person who willfully or negligently violates permit conditions is guilty of a misdemeanor, and upon conviction is punishable by a fine not to exceed Two Thousand Five Hundred Dollars ($2,500), imprisonment not to exceed six (6) months, or both. The Septage Hauler may also be subject to sanctions under State and/or Federal law. S:\A-Rev\Septage\SEPTAGE-FORMS\Standard Provisions 2010.DOC Page 3 of 6 12/15/2009 13. Permitted Wastes Pursuant to Section 14.12.370, “Requirements” of the BMC, a Septage Hauler with all required permits and insurance, may discharge septic tank, seepage pit, interceptor or cesspool contents at the sewerage facilities of the City. Grease trap and chemical toilet wastes are also permitted. pH limits must be adhered-to at all times. 14. Industrial Liquid Wastes Section 14.12.370B, “Requirements”, of the BMC permit discharge of liquid industrial wastes “only at locations specified by the City Engineer for the specific waste”. Each desired discharge of liquid industrial waste will require a request from the producer or source to the City’s Wastewater Division. The request must include a complete analysis of the proposed discharge as to quantity, constituents, pH, TDS, TSS and BOD/COD. Each request will be evaluated by City staff as to adequacy of request information and to the permissibility of discharge and the discharge fee therefore. A processing fee is required for each request. An approval letter shall be obtained from Kern County Environmental Health Department for using a Septage truck prior to hauling any industrial liquid wastes. 15. Prohibited Wastes Hazardous materials, sludge from traps, sand trap cleanings, liquids with pH less than 5.0 or greater than 12.0 units, brines with salt concentrations greater than City’s limit, or any liquid or material that would detrimentally affect treatment plant stability or performance is strictly prohibited. 16. Payment of Dumping Fees Septage Haulers will be billed each month for the prior month’s discharges. The amount billed will include surcharges for wastes originating outside the Bakersfield City limits. Septage Haulers shall pay the "Payment Due" amount within 30 days of the date of the Statement of Account invoice. Failure to make full payment within this period will result in revocation of permission to discharge wastes at City facilities until the account is brought current. 17. Recovery of Costs Incurred In addition to civil and criminal liability, the Septage Hauler violating any of the provisions of the permit or the BMC Chapter 14.12 or causing damage to or otherwise inhibiting the City's wastewater treatment plant shall be liable to the City for any expense, loss, or damage caused by such violation or discharge. The City shall bill the Septage Hauler for the costs incurred by the City for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a separate violation of BMC Section 14.12.410. 18. Confidential Information Except for data determined to be confidential under BMC Section 14.12.130, all reports required by the permit shall be available for public inspection at the office of the Wastewater Division in accordance with the federal regulations of 40 CFR 403.14(b). S:\A-Rev\Septage\SEPTAGE-FORMS\Standard Provisions 2010.DOC Page 4 of 6 12/15/2009 19. Certificate of Insurance In addition to any other form of insurance or bond required under the terms of the Permit, the Septage Hauler shall procure and maintain for the duration of the Permit the following types and limits of insurance, otherwise referred to as "basic insurance requirements": a) Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and b) Broad form commercial general liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and c) Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident. General Liability and Automobile insurance is to be placed with insurers with a Bests' rating of no less than A:V. This requirement may be waived at the City's sole discretion. Worker’s Compensation does not have any rating requirement. All policies required of the Septage Hauler hereunder shall be primary insurance as respects the City, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the City, its mayor, council, officers, agents, employees and volunteers shall be excess of the Septage Hauler's insurance and shall not contribute with it. The automobile liability policies shall provide coverage for owned, non-owned and hired autos. The liability policies shall provide contractual liability coverage for the terms of the Permit. The liability policies shall contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. All policies shall contain the following endorsement: An endorsement providing the City with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. The insurance required under the Permit shall be maintained for the entire period the Septage Hauler discharges at the city's septage receiving station. The Septage Hauler shall furnish the City Risk Manager with a certificate of insurance evidencing the insurance required under the Permit. The Septage Hauler shall be responsible for any deductibles of self-insured retentions under all required insurance policies. Insurance in lesser amounts, or lack of certain types of insurance otherwise required by the Septage Hauler Permit, must be declared to and approved in writing by the City. S:\A-Rev\Septage\SEPTAGE-FORMS\Standard Provisions 2010.DOC Page 5 of 6 12/15/2009 20. Operating Hours a) Monday -Friday, 7:00 AM -4:00 PM b) Saturday, 8:00 AM -4:00 PM c) Sunday and City Observed Holidays, 9:30 AM-4:00 PM. A septage hauler wishing to dump will call the plant operator at 832-2851 (Plant office) or 706-5182 (Plant cell phone). The hauler will arrange a time to dump with the operator. An appointment can be made with as little as 30 minutes notice. d) Exceptions to these hours must have prior approval from plant supervisor (661) 832-2851 at Plant 2. 21. Discharge Fees a) The rate per gallon shall be established by resolution each fiscal year. Load size shall be deemed to be the effective tank capacity of the hauling vehicle. Loads containing waste from unincorporated areas and City areas will be charged the surcharge rate for the entire tank volume. b) Rates are calculated based on the location of the origin of the load. Origin will be determined by the information on the Hauling Manifest/Tracking Form. Failure to provide a completed manifest at time of disposal will result in the Septage Hauler being charged the rate for a load originating outside of the city limits and for the capacity of the Septage Haulers’ largest truck. c) Failure of the Septage Hauler to remove rocks, rags and other debris from the discharge station or to clean the station following discharge will result in a service charge for each such instance. d) Billings will be on a monthly basis. e) Septage Hauler shall be responsible for actual laboratory costs if analysis of waste is deemed necessary by City staff. 22. Septage Haulers Restrictions for Dumping at Plant 2 a) DO NOT Pressurize your tank. We will only accept Un-pressurized Discharge at our facility. b) DO NOT Wash your truck or trough. c) DO NOT Open valve while disconnected. d) DO NOT Dump without first providing sample and getting authorization from Plant staff. e) DO NOT Wash out at the dump station. Use the washout station for washouts. f) DO NOT Leave the washout washout station without cleaning up. g) DO NOT Use plant water to fill up fresh water tank. S:\A-Rev\Septage\SEPTAGE-FORMS\Standard Provisions 2010.DOC Page 6 of 6 12/15/2009 h) DO Provide enough sample for pH measurement. i) DO Remain connected while dumping. j) DO Clean up after yourself. Any spillage or cleanup required at the City’s wastewater treatment plant as a result of Septage Hauler discharge shall be the responsibility of the Septage Hauler. k) DO Back up completely at the washout station. There is a washout time limit of 30 minutes for any Septage Hauler truck. 23. Hose fitting Each Septage Hauler is required to have a hose with a 6” male cam-lock fitting in order to connect with our equipment. If your truck has a capacity over 1000 gallons, you must also have a 6” hose. 24. Other Licenses or Permits Each Septage Hauler shall possess current permits and/or licenses required by the Kern County Environmental Health Department and the Kern County Health Department. Decals shall be displayed on the truck tanks as required by Kern County. PART II: REPORTING REQUIREMENTS 1. Signatory Requirements a) All applications, supplements to application, reports, or information submitted to the City must be signed by the responsible official as designated on page 1 of the permit, or by a duly authorized representative of the individual designated on page 1 of the permit. b) If the representative named in 1(a) above as principal signatory is no longer responsible for such, the Septage Hauler shall submit written notification to the City stating the newly authorized representative's name and title. The notification must be submitted to the City prior to or together with any reports to be signed by a replacement authorized representative. 2. Reports All reports shall be submitted to the following address: City of Bakersfield Public Works, Wastewater Division 6901 McCutchen Road Bakersfield, CA 93313 Phone: (661) 326-3249 Fax: (661) 852-2125 3. Hauler Manifest/Tracking Form The Septage Hauler must complete a Hauler Manifest/Tracking Form for each load to be discharged at the plant. After completing the form, form, the hauler shall give the manifest to the Plant Receiving attendant. The manifest shall be filled out with a pen. The driver’s signature shall certify that the discharged load is as described on the manifest. In the event of falsification of manifest information, the hauler’s authorization to discharge may be suspended/revoked.