HomeMy WebLinkAboutOrdinance 642 Sewer Use OrdinanceORDINANCE NO. 642
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MORRO BAY, CALIFORNIA, RESTATING AND
AMENDING CHAPTER 13.12 OF THE MORRO BAY
MUNICIPAL CODE UPDATE AND EXPAND THE CITY'S
SEWER REGULATIONS
WHEREAS, the City of Morro Bay (City) provides infrastructure and facilities for the
collection and treatment of wastewater to promote the health and safety and convenience of its
residents, businesses and visitors and for the safeguarding of water resources common to all
(Sewer System); and
WHEREAS, the Environmental Protection Agency (EPA) established the National
Pretreatment Program as a core part of the Clean Water Act's National Pollutant Discharge
Elimination System (NPDES) regulations, which mandate stringent and continuous control of
the quality of wastewater discharged to Publicly Owned Treatment Works (POTWs); and
WHEREAS, the City is constructing the new Morro Bay Water Reclamation Facility
(WRF) which will produce purified water through indirect potable reuse to supplement the
City's water supply; and
WHEREAS, the State Water Resources Control Board requires agencies implementing
indirect potable reuse to administer an industrial pretreatment and pollutant source control
program (enhanced source control program); and
WHEREAS, the City does not currently have and has not heretofore been required to
have an industrial pretreatment program; and
WHEREAS, the City is developing an industrial pretreatment and enhanced source
control program to prevent the introduction of pollutants into the Sewer System and the WRF,
and hence to protect the quality of finished water and drinking water supply produced by the
WRF.
THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DOES
HEREBY FIND AND ORDAIN AS FOLLOWS:
SECTION 1. Chapter 13.12 of the Morro Bay Municipal Code is hereby restated and
amended, in its entirety, to read as set forth in Exhibit A, attached hereto and made a part hereof.
SECTION 2. This ordinance shall be in full force and effect thirty (30) days after its
passage.
01181.0001/637533.5
Ordinance No. 642
Page 1 of 2
SECTION 3. The consideration, introduction and adoption of this ordinance are exempt
from environmental analysis pursuant to 14 CCR § 15061(b)(3). A Notice of Exemption shall be
filed within five days after the adoption of this ordinance.
SECTION 4. The City Clerk shall certify to the adoption of this ordinance, and shall
cause the same to be posted and codified in the manner required by law.
INTRODUCED at a regular meeting of the City Council held on the 12th day of January
2021, by motion of Mayor Pro Tem Heller and seconded by Council Member Addis.
PASSED AND ADOPTED on the 26th day of January 2021, by the following vote:
AYES: Headding, Addis, Barton, Davis, Helier
NOES: None
ABSENT: None
ATTEST:
D A SWANSON, City Clerk
APPROVED AS TO FORM:
dIRIS F. NEUMEYER‘i City At�o ney
01181.0001/637533.5
C
JO
Ordinance No. 642
Page 2 of 2
,Mayor
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF MORRO BAY )
I, Dana Swanson, CITY CLERK OF THE CITY OF MORRO BAY, DO HEREBY
CERTIFY Ordinance No. 642 was duly adopted by the City Council of the City of Morro Bay at
a regular meeting of the Council on the 26th day of January 2021; and it was so adopted by the
following vote:
AYES: Headding, Addis, Barton, Davis, Heller
NOES: None
ABSENT: None
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of
the City of Morro Bay, California, this 4'PLP day of Fsvi;,.varki
, 2021.
Phyta trvvrt\--
City Clerk of the City of Morro Bay
01181.0001/637533.5
EXHIBIT A
TO
ORDINANCE NO. 642
Contents
Article I. General Provisions 5
13.12.100 — Purpose and policy. 5
13.12.110 — Administration. 5
13.12.120 —Abbreviations. 5
13.12.130 — Definitions. 6
Article II. General Sewer Use Requirements 12
13.12.200 — Prohibited discharge standards. 12
13.12.210 — National categorical pretreatment standards. 13
13.12.220 — Best management practices. 13
13.12.230 — RESERVED 13
13.12.240 — City's right of revision. 14
13.12.250 — Dilution. 14
13.12.260 — Dental amalgam wastes. 14
Article III. Pretreatment of Wastewater 14
13.12.300 — Pretreatment facilities. 14
13.12.310 —Additional pretreatment measures. 15
13.12.320 — Control utility hole installation. 15
13.12.330 — Grease, oil, and sand interceptors. 15
13.12.340 — Accidental discharge/slug discharge control plans. 16
Article IV. — Industrial Wastewater Discharge Permits 16
13.12.400 —Wastewater discharge permit categories. 16
13.12.410 — Industrial wastewater discharge permit requirement. 17
13.12.420 — Industrial wastewater discharge permitting: existing connections. 17
13.12.430 Industrial wastewater discharge permitting: new connections. 17
13.12.440 — Industrial wastewater discharge permit application contents. 17
13.12.450 — Application signatories and certifications. 18
13.12.460 — Industrial wastewater discharge permit decisions. 19
Article V. — Industrial Wastewater Discharge Permit Issuance 19
13.12.500 — Industrial wastewater discharge permit duration. 19
13.12.510 — Industrial wastewater discharge permit contents. 19
13.12.520 — Permit issuance and appeals process. 20
Updated December 23, 2020 I Page 1
13.12.530 — Permit modification. 20
13.12.540 — Industrial wastewater discharge permit transfer. 21
13.12.550 — Industrial wastewater discharge permit revocation or suspension. 21
13.12.560 — Industrial wastewater discharge permit reissuance 22
Article VI. — Reporting Requirements 22
13.12.600 — Reporting requirements for Industrial Users subject to categorical
pretreatment standards. 22
13.12.610 — Periodic Compliance Reports for Significant Industrial Users 24
13.12.620 — Reports of changed conditions. 24
13.12.630 — Reports of potential problems. 25
13.12.640 — Reports from unpermitted Users, general industrial/commercial users,
or food facilities. 25
13.12.650 — Notice of violation/repeat sampling and reporting. 25
13.12.660 — Notification of the discharge of hazardous waste. 25
13.12.670—Analytical requirements. 26
13.12.680 —Sample collection. 26
13.12.685 — Date of receipt of reports. 27
13.12.690 — Recordkeeping. 27
13.12.695 — Certification statements. 27
Article VII. — Fats, Oils, & Grease (FOG) Control Program 28
13.12.700 —Title. 28
13.12.710 — Purpose of the FOG ordinance. 28
13.12.720 — General FOG discharge prohibitions. 29
13.12.730— Specific FOG prohibitions. 29
13.12.740 — FOG wastewater discharge permit required. 29
13.12.745— FOG permit application requirements. 29
13.12.750 — FOG wastewater discharge permit conditions. 29
13.12.755— FOG wastewater discharge permit modifications. 30
13.12.760 — FOG best management practices. 30
13.12.765— FOG pretreatment required for new and existing FFs. 31
13.12.770 - Variance of grease interceptor requirement. 31
13.12.775 — Cost recovery for FOG. 32
13.12.780 — Grease interceptor requirements. 32
Updated December 23, 2020 I Page 2
13.12.785 — Grease interceptor maintenance requirements. 33
13.12.790 — Grease trap requirements. 33
13.12.795— FOG record keeping requirements. 34
Article VIII. — Compliance Monitoring 34
13.12.800 — Right of entry: inspection and sampling. 34
Article IX — Confidential Information 35
13.12.900 — Confidential information. 35
Article X. — Remedies for Noncompliance 35
13.12.1000—Violation. 35
13.12.1015 — Notification of violation. 35
13.12.1020 — Consent orders. 35
13.12.1025 — Show cause hearing. 36
13.12.1030 — Compliance orders. 36
13.12.1035 — Cease and desist orders. 36
13.12.1040 — Administrative citations and fines. 36
13.12.1045 — Emergency suspensions. 37
13.12.1050 —Termination of discharge. 38
13.12.1060 — Injunctive relief. 38
3.12.1070 — Remedies nonexclusive. 38
13.12.1080 - Right to terminate water service. 38
13.12.1090 - Liability for damages for violation. 39
Article XI. — Construction Requirements, Permits, and Fees 39
13.12.1100 - Connection permit for annexed territory. 39
13.12.1105 - Annexed territory connection Computation of cost. 39
13.12.1110 - Annexed territory connection Existing bonds excepted. 39
13.12.1115 - Main extensions to new customers other than subdivisions. 39
13.12.1120 - Calculation of sewer main extension charges. 40
13.12.1125 - Refunds. 40
13.12.1130 - Main extensions to subdivisions. 40
13.12.1135 - Refunds to subdividers. 40
13.12 1140 - Use of existing sewer. 41
13.12.1145 - Discharge of storm water, unpolluted drainage and industrial cooling waters. 41
13.12.1150 - Federal and state requirements. 41
Updated December 23, 2020 I Page 3
13.12.1155 - Sewer charges. 41
13.12.1160 - Sewer use charges. 41
13.12.1165 - Collections. 41
13.12.1170 - Collection of past due accounts. 41
13.12.1175 - Discharging sewage onto City lands. 42
13.12.1180 - Designated sewage dumping places. 42
13.12.1185 - Discharge fees. 42
13.12.1190 - Commercial facilities. 42
13.12.1192 - Private facility —Operation. 42
Updated December 23, 2020 I Page 4
EXHIBIT A
TO
ORDINANCE NO. 642
Chapter 13.12 - SEWERS
Article I. General Provisions
13.12.100 — Purpose and policy.
This chapter sets forth uniform requirements for Users of the POTW for the City and enables the City to
comply with all applicable State and Federal laws, including the Clean Water Act (33 U.S.C. section 1251 et
seq.) and the General Pretreatment Regulations (Title 40 of the CFR Part 403). The objectives of this chapter
are:
A. To prevent the introduction of pollutants into the POTW that will interfere with its operation;
B. To prevent the introduction of pollutants into the POTW that will pass through the POTW,
inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;
C. To protect the quality of the finished water and drinking water supply produced by the City's
WRF.
D. To protect both POTW personnel who may be affected by wastewater and sludge in the course
of their employment and the general public;
E To promote reuse and recycling of industrial wastewater and sludge from the POTW;
F. To enable the City to comply with its NPDES permit conditions, sludge use and disposal
requirements, and any other Federal or State laws to which the POTW is subject.
G. This chapter shall apply to all Users of the POTW. The chapter authorizes the issuance of
industrial wastewater discharge permits ; provides for monitoring, compliance, and
enforcement activities; establishes administrative review procedures; requires User reporting;
13.12.110 —Administration.
Except as otherwise provided herein, the Utilities Division/Department Manager shall administer,
implement, and enforce the provisions of this chapter and, pursuant to Sections 1.16.050 and 060 of the
MBMC, shall be designated as a Code Enforcement Officer for purposes of enforcing this chapter. Any
powers granted to or duties imposed upon the Utilities Division/Department Manager may be delegated by
the Utilities Division/Department Manager, in writing, to so duly authorized City employee.
13.12.120 —Abbreviations.
The following abbreviations, when used in this chapter, shall have the following designated meanings:
9 BOD — Five Day Biochemical Oxygen Demand
® BMPs — Best Management Practices
o BMR — Baseline Monitoring Report
® CFR — Code of Federal Regulations
• CIU —Categorical Industrial User
® COD — Chemical Oxygen Demand
Updated December 23, 2020 l Page 5
• EPA — U.S Environmental Protection Agency
• FOG —fats, oils, and grease
• FF—food facility
• gpd —gallons per day
• H&SC— Health and Safety Code
• IU — Industrial User
• MBMC Morro Bay Municipal Code
• mg/I — milligrams per liter
• NPDES — National Pollutant Discharge Elimination System
• NSCIU — Non -Significant Categorical Industrial User
• POTW — Publicly Owned Treatment Works
• RCRA — Resource Conservation and Recovery Act
• SIU —Significant Industrial User
• TSS —Total Suspended Solids
• U.S.C. — United States Code
• WRF —Water Recycling Facility
13.12.130 — Definitions.
•
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter,
shall mean, as follows.
A. Act or "the Act." The Federal Water Pollution Control Act, also known as the Clean Water
Act, as amended, 33 U.S.C. section 1251 et seq.
B. Approval Authority. California Regional Water Quality Control Board Central Coast Region,
or any successor agency.
C. Authorized or Duly Authorized Representative of the User.
1. If the User is a corporation, then:
a. the president, secretary, treasurer, or a vice-president of the corporation in charge of a
principal business function, or any other person who performs similar policy or decision -
making functions for the corporation; or
b. the manager of one or more manufacturing, production, or operating facilities,
provided the manager: (i) is authorized to make management decisions that govern the
operation of the regulated facility, including having the explicit or implicit duty of
making major capital investment recommendations, and to initiate and direct other
comprehensive measures to assure long-term environmental compliance with
e nvironmental laws and regulations; (ii) can ensure the necessary systems are
e stablished or actions taken to gather complete and accurate information for industrial
wastewater discharge permit requirements; and (iii) has been given authority to sign
documents, in accordance with corporate procedures.
2. If the User is a general or limited partnership, limited IiabiIity company or sole
proprietorship, then a general partner, managing member or owner, respectively.
3. If the User is a Federal, State, or local governmental facility, then a director or highest
official appointed or designated to oversee the operation and performance of the activities
of the government facility, or their designee.
4. The individuals described in parts 1. through 3., above, may designate a Duly Authorized
Representative if the authorization is in writing, the authorization specifies the individual or
Updated December 23, 2020 I Page 6
position responsible for the overall operation of the facility from which the discharge
originates or for having overall responsibility for environmental matters for the entity, and
the written authorization is submitted to the City.
D Best Management Practices or BMPs means schedules of activities, prohibitions of
activities, maintenance procedures, and other management methods to implement the
prohibitions listed in subdivisions 13.12,050.A. and B of this chapter. BMPs include treatment
requirements, operating procedures, and methods to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw materials storage.
E. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five days at 20 degrees
centigrade, usually expressed as a concentration (e.g., mg/L).
F Categorical Pretreatment Standard or Categorical Standard. Any regulation containing
pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of
the Act (33 U.S.C. section 1317) that apply to a specific category of Users and that appear in
40 CFR Chapter I, Subchapter N, Parts 405-471.
G. Categorical Industrial User (CIU). An Industrial User subject to a Categorical Pretreatment
Standard or Categorical Standard.
H. Chemical Oxygen Demand or COD. A measure of the oxygen required to oxidize all
compounds, both organic and inorganic, in water.
I. Control Authority. The City.
J. Daily Maximum. The arithmetic average of all effluent samples for a pollutant collected
during a calendar day.
K. Daily Maximum Limit. The maximum allowable discharge limit of a pollutant during a
calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge
is the total mass discharged over the course of the day. Where Daily Maximum Limits are
e xpressed in terms of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements taken that day.
L. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or,
where appropriate, the Regional Water Management Division Director, the Regional
Administrator, or other duly authorized official of said agency.
M Existing Food Facility or Existing FF. Any Food Facility that has been in continuous
operation since before the [date certain, which will be the effective date of this ordinance)
u nder the same ownership or control.
N. Existing Source. Any source of discharge that is not a "New Source."
O. FOG. Fats, oils, and grease.
P. Food Facility FF. Any facility defined in California Retail Food Code , H&SC Section 113789,
and any commercial entity discharging into the City sewer system, operating in a
permanently constructed structure such as a room, building, or place, or portion thereof,
maintained, used, or operated for the purpose of storing, preparing, serving, or
manufacturing, packaging, or otherwise handling food for sale to other entities, or for
consumption by the public, its members or employees, and which has any process or device
that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required
to be removed by a mechanical exhaust ventilation system, as required in H&SC Section
114149. A limited food preparation establishment is not considered a Food Facility when
e ngaged only in reheating, hot holding or assembly of ready to eat food products and as a
result, there is no wastewater discharge containing a significant amount of FOG. A limited
Updated December 23, 2020 I Page 7
food preparation establishment does not include any operation that changes the form, flavor,
or consistency of food.
Q Grab Sample. A sample that is taken from a wastestream without regard to the flow in the
wastestream and over a period of time not to exceed fifteen minutes.
R Grease Interceptor. A multi -compartment device that is constructed in different sizes and is
generally required to be located, according to the California Plumbing Code, underground
between a FF and the connection to the sewer system. This device primarily uses gravity to
separate FOG from the wastewater as it moves from one compartment to the next. This
device must be cleaned, maintained, and have the FOG removed and disposed of in a proper
manner at regular intervals to be effective.
S Grease Removal Device. Any grease interceptor, grease trap or other mechanism, device, or
process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the
purpose of which is to trap or collector treat FOG prior to it being discharged into the sewer
system. Grease Removal Device may also include any other proven method to reduce FOG
subject to approval of the Utilities Division/Department Manager. A Grease Removal Device is
a form of pretreatment and as such is subject to all regulations pertaining to the installation
and maintenance of pretreatment systems as recognized in this Chapter and in the General
Pretreatment Regulations (40 C.F.R.g403).
T. Grease Trap. A grease control device that is used to serve individual fixtures and have limited
effect and should only be used in those cases where the use of a grease interceptor or other
grease removal device is determined to be impossible or impracticable.
U Holding Tank. Any container of wastewater, such as those from chemical toilets, vessels,
boats, campers, or trailers, but excluding septic tanks.
V Hot Spots. Areas in sewer lines that have experienced Sanitary Sewer Overflows (SSOs) or
that must be cleaned or maintained frequently to avoid blockages of the sewer system.
W Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any
nondomestic source.
X. Instantaneous Limit. The maximum concentration of a pollutant allowed to be discharged at
any time, determined from the analysis of any discrete or composited sample collected,
independent of the industrial flow rate and the duration of the sampling event.
Y Interference. A discharge that, alone or in conjunction with a discharge or discharges from
other sources, inhibits or disrupts the POTW, its treatment processes or operations or its
sludge processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES
permit or of the prevention of sewage sludge use or disposal in compliance with any of the
following statutory/regulatory provisions or permits issued thereunder, or any more stringent
State or local regulations, including, but not limited to, section 405 of the Act; the Solid Waste
Disposal Act, including Title II commonly referred to as the Resource Conservation and
Recovery Act (RCRA); any State regulations contained in any State sludge management plan
prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic
Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
Z Local Limit. Specific discharge limits developed and enforced by the City upon industrial or
commercial facilities to implement the general and specific discharge prohibitions listed in
subdivisions 13.12.050.A. and B of this chapter.
AA. Medical Waste. Isolation wastes, infectious agents, human blood and blood products,
pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially
contaminated laboratory wastes, and dialysis wastes.
Updated December 23, 2020 I Page 8
BB. Monthly Average. The sum of all "daily discharges" measured during a calendar month
divided by the number of "daily discharges" measured during that month.
CC. Monthly Average Limit. The highest allowable average of "daily discharges" over a calendar
month, calculated as the sum of all "daily discharges" measured during a calendar month
divided by the number of "daily discharges" measured during that month.
DD. Narrative Standard or Narrative Limit. Any statement of prohibition or condition on a
discharge established in this chapter that is not a local limit. Narrative standards include, but
are not limited to, prohibited discharge standards and BMPs.
EE. New Food Facility or New FF. Any Food Facility that starts operations after_ {date certain,
which would be the effective date of this ordinance] regardless whether in a newly
constructed building, a remodeled building or using an existing building or space.
FF. New Source.
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 Subdivision 307(c) of the Act that 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
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 processes of the building, structure, facility,
or installation are substantially independent of an Existing Source at the same site. In
determining whether these are substantially independent, factors such as the extent to
which the new facility is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as the Existing Source,
should be considered.
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 1.b. or c., above, 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 are 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.
GG. Noncontact Cooling Water. Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished product.
Updated December 23, 2020 I Page 9
HH Oil Interceptor. A device for retaining oil by gravity -differential separation from waste
effluent, and of a design and capacity approved by the Utilities Division/Department
Manager.
II. Pass Through. 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 City's NPDES permit,
including an increase in the magnitude or duration of a violation.
JJ. Person. Any individual, partnership, co -partnership, firm, company, corporation, association,
joint stock company, trust, estate, governmental entity, or any other legal entity; or their
legal representatives, agents, or assigns. This definition includes all Federal, State, and local
governmental entities.
KK. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
LL. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, munitions, Medical Wastes, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal,
agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH,
temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
MM Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or
the alteration of the nature of pollutant properties in wastewater priorto, or in lieu of,
introducing such pollutants into the POTW. This reduction or alteration can be obtained by
physical, chemical, or biological processes; by process changes; or by other means, except by
diluting the concentration of the pollutants unless allowed by an applicable Pretreatment
Standard.
NN Pretreatment Requirements. Any substantive or procedural requirement related to
pretreatment imposed on a User, other than a Pretreatment Standard.
00 Pretreatment Standards, National Pretreatment Standards, or Standards. Pretreatment
Standards shall mean prohibited discharge standards, categorical Pretreatment Standards,
and Local Limits.
PP. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against
the discharge of certain substances; these prohibitions appear in 13.12.200 of this chapter.
QQ. Publicly Owned Treatment Works or POTW. A treatment works, as defined by Section 212
of the Act (33 U.S.C. section 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.
RR. Sanitary Sewer Overflow or SSO. An overflow from the sanitary sewer system of domestic
wastewater, as well as industrial and commercial wastewater.
SS. Septic Tank. Any container used for holding and treating waste in a septic system.
TT. Sewage. Human excrement and gray water, including, but not limited to, commercial,
governmental or household showers and dishwashing operations.
UU. Significant Industrial User (SIU). Except as provided in parts 3. and 4. of this definition, a
Significant Industrial User is:
1. An Industrial User subject to categorical Pretreatment Standards; or
2. An Industrial User that:
a. Discharges an average of 25,000 gpd or more of process wastewater to the POTW
(excluding sanitary, noncontact cooling and boiler blowdown wastewater);
Updated December 23, 2020 I Page 10
VV.
WW
XX.
b. Contributes a process wastestream, which makes up five percent or more of the
average dry weather hydraulic or organic capacity of the POTW treatment plant; or
c. Is designated as such by the City on the basis that it has a reasonable potential for
adversely affecting the POTW's operation or for violating any Pretreatment Standard
or Requirement.
3. The City may determine that an Industrial User subject to categorical Pretreatment
Standards is a Non -Significant Categorical Industrial User rather than a Significant
Industrial User on a finding that the Industrial User never discharges more than 100 gallons
per day (gpd) of total categorical wastewater (excluding sanitary, non -contact cooling and
boiler blowdown wastewater, unless specifically included in the Pretreatment Standard)
and the following conditions are met:
a. The Industrial User, prior to City's finding, has consistently complied with all applicable
categorical Pretreatment Standards and Requirements;
b. The Industrial User annually submits the certification statement required by
Subdivision 13.12.695.B. of this chapter together with any additional information
necessary to support the certification statement; and
c. The Industrial User never discharges any untreated concentrated wastewater.
4. Upon a finding that a User meeting the criteria in 2., above 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, and in accordance with procedures in 40 CFR 403.8(f)(6),
determine that such User should not be considered a Significant Industrial User.
Slug Load or Slug Discharge. Any discharge at a flow rate or concentration, which could
cause a violation of the prohibited discharge standards in Section 13.12.200 of this chapter. A
Slug Discharge is any Discharge of a non -routine, episodic nature, including but not limited to
an accidental spill or a non -customary batch Discharge, which has a reasonable potential to
cause Interference or Pass Through, or in any other way violate the POTW's regulations, Local
Limits or Permit conditions.
. Storm Water. Any flow occurring during or following any form of natural precipitation, and
resulting from such precipitation, including snowmelt.
Total Suspended Solids or Suspended Solids. The total suspended matter that floats on the
surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by
laboratory filtering.
YY. Twenty-five Percent Rule. A requirement for grease interceptors to be maintained such that
the combined FOG and solids accumulation does not exceed 25 percent of the design
hydraulic depth of the grease interceptor.
ZZ User or Industrial User. A source of indirect discharge.
AAA. Utilities Division/Department Manager. The person designated by the City to supervise the
operation of the POTW, and who is charged with certain duties and responsibilities by this
chapter. The term also means a duly authorized representative, as designated in writing by
the Utilities Division/Department Manager.
BBB. Wastewater. Liquid and water -carried industrial wastes and sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities, and institutions,
whether treated or untreated, which are contributed to the POTW.
CCC. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is
designed to provide treatment of municipal sewage and industrial waste.
Updated December 23, 2020 I Page 11
Article II. General Sewer Use Requirements
13.12.200 -- Prohibited discharge standards.
A. General Prohibitions. No User shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes Pass Through or Interference. These general prohibitions
apply to all Users of the POTW whether or not they are subject to categorical Pretreatment
Standards or any other National, State, or local Pretreatment Standards or Requirements.
B. Specific Prohibitions. No User shall introduce or cause to be introduced into the POTW the
following pollutants, substances, or wastewater:
1. Solid or viscous substances in amounts which will cause obstruction of the flow in the
POTW resulting in Interference but in no case solids greater than one-half inch or one and
two -seven hundredths centimeters in any dimension;
2. Pollutants, including oxygen -demanding pollutants (BOD, etc.), released in a discharge at a
flow rate and/or pollutant concentration which, either singly or by interaction with other
pollutants, will cause Interference with the POTW;
3. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts
that will cause Interference or Pass Through;
4. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in
a quantity that may cause acute worker health and safety problems;
5. Trucked or hauled pollutants except at discharge points designated by the Utilities
Division/Department Manager in accordance with this chapter.
6. Septic tank cleanings or any raw or chemically treated sewage from septic tanks.
7. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by
interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or
to prevent entry into the sewers for maintenance or repair;
8. Wastewater which imparts color which cannot be removed by the treatment process, such
as, but not limited to, dye wastes and vegetable tanning solutions, which consequently
imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit;
9. Wastewater containing any radioactive wastes or isotopes except in compliance with
applicable State or Federal regulations;
10. Storm Water, surface water, ground water, artesian well water, roof runoff, subsurface
drainage, swimming pool drainage, condensate, deionized water, Noncontact Cooling
Water, and unpolluted wastewater, unless specifically authorized by the Utilities
Division/Department Manager;
11. Sludges, screenings, or other residues from the pretreatment of industrial wastes;
12. Medical Wastes, except as specifically authorized by the Utilities Division/Department
Manager in an industrial wastewater discharge permit;
13. Wastewater causing, alone or in conjunction with other sources, the treatment plant's
effluent to fail toxicity test;
14. Detergents, surface-active agents, or other substances which that might cause excessive
foaming in the POTW;
15. Pollutants, substances, or wastewater prohibited by this Section shall not be processed or
stored in such a manner that they could be discharged to the POTW.
16. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or
g
as
C. Narrative and Numerical Limits.
Updated December 23, 2020 I Page 12
1. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to,
wastestreams with a closed -cup flashpoint of less than 140 degrees F (60 degrees C) using
the test methods specified in 40 CFR 261.21;
2. Wastewater having a pH Iess than 5.5 or more than 9.0, or otherwise causing corrosive
structural damage to the POTW or equipment;
3. Wastewater having a temperature greater than 150 degrees F (66 degrees C), or which will
inhibit biological activity in the treatment plant resulting in Interference, but in no case
wastewater which causes the temperature at the introduction into the treatment plant to
exceed 104 degrees F (40 degrees C);
4. Fats, oils, or greases of animal or vegetable origin in concentrations greater than 100 mg/L;
5. Total petroleum hydrocarbons in concentrations greater than 100 mg/L;
6. Wastewater causing two readings on an explosion hazard meter at the point of discharge
into the POTW, or at any point in the POTW, of more than 10 percent or any single reading
over five percent of the Lower Explosive Limit of the meter.
7. Wastewater exceeding the five-day biochemical oxygen demand of 300 mg/L shall be
subject to the requirements of Section 13.12.300 of this chapter.
8. Wastewater exceeding the total suspended solids of 350 mg/L shall be subject to the
requirements of Section 13.12.300 of this chapter.
9. Discharges having an average daily flow greater than two percent of the average daily flow
of the City shall be subject to the requirements of Section 13.12.300 of this chapter.
10. Wastewater exceeding the following concentrations:
a. Ammonia-N, 50 mg/L
b. Boron, 8 mg/L
c. Copper, 1 mg/L
d. 1,4-Dioxane, 0.0013 mg/L
e. Mercury, 0.2 mg/L
f. N-Nitrosodimethylamine (NDMA), 0.000065 mg/L
g. Sodium, 900 mg/L
h. Strontium, 1.55 mg/L
i. Total Dissolved Solids (TDS), 8,500 mg/L
13.12.210 — National categorical pretreatment standards.
Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter
N, Parts 405-471.
A. When wastewater subject to a categorical Pretreatment Standard is mixed with wastewater not
regulated by the same Standard, the Utilities Division/Department Manager shall impose an
alternate limit in accordance with 40 CFR 403.6(e) (combined wastestream formula).
13.12.220 — Best management practices.
The Utilities Division/Department Manager may develop BMPs in industrial wastewater discharge
permits, to implement the requirements of this chapter.
13.12.230 — RESERVED
Updated December 23, 2020 I Page 13
13.12.240 — City's right of revision.
The City reserves the right to establish, by ordinance, by resolution or in each industrial wastewater
discharge permit, more stringent Standards or Requirements on discharges to the POTW consistent with
the purpose of this chapter, when the Utilities Division/Department Manager determines that necessary for
public safety.
13.12.250 — Dilution.
No User shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a
partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation
unless expressly authorized by an applicable Pretreatment Standard or Requirement. The Utilities
Division/Department Manager may impose mass limitations on Users who are using dilution to meet
applicable Pretreatment Standards or Requirements, or in other cases when the imposition of mass
limitations is appropriate.
13.12.260 — Dental amalgam wastes.
No person shall discharge or cause to be discharged, any mercury or amalgam waste into the sewer
system. All dental dischargers that place or remove amalgam must operate and maintain an amalgam
separator that complies with ANSI/ADA Specifications 108 (2009) with Technical Addendum (2011) or ISO
11143 Dentistry -Amalgam Separators. The dental discharger shall comply with the most recent Best
Management Practices for Dental Amalgam Waste as recommended by the American Dental Association,
and specified in 40 CFR 441 (Effluent Limitations Guidelines and Standards for the Dental Category) June 14,
2017.
Article III. Pretreatment of Wastewater
13.12.300 — Pretreatment facilities.
Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve
compliance with all categorical Pretreatment Standards, Local Limits, and the prohibitions set out in Section
13.12.200 of this chapter within the time limitations specified by EPA, the State, or the Utilities
Division/Department Manager, whichever is more stringent. Any facilities necessary for compliance shall be
provided, operated, and maintained at the User's expense. Detailed plans describing such facilities and
operating procedures shall be submitted to the Utilities Division/Department Manager for review, and shall
be acceptable to the Utilities Division/Department Manager before such facilities are constructed. The
review of such plans and operating procedures shall in no way relieve the User from the responsibility of
modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of
this chapter.
A. The admission into the public sewers of any waters or wastes having characteristics exceeding
the narrative limits established in Section 13.12.200 of this chapter shall be subject to the review
and approval by the Utilities Division/Department Manager.
B. Where necessary in the opinion of the Utilities Division/Department Manager, the owner shall
provide, at his expense, such preliminary treatment as may be necessary to:
1. Reduce the biochemical oxygen demand to 300 mg/L and the suspended solids to 350 mg/L;
or
Updated December 23, 2020 I Page 14
2. Reduce objectionable characteristics or constituents to within the maximum limits provided
for in Section 13.12.200 of this chapter; or
3. Control the quantities and rates of discharge of such waters or wastes. Plans, specifications,
and any other pertinent information relating to proposed preliminary treatment facilities
shall be submitted for the approval of the Utilities Division/Department Manager and of the
Water Pollution Control Board of the state, and no construction of such facilities shall be
commenced until said approvals are obtained in writing.
C. Where preliminary treatment facilities are provided for any wastewater, they shall be
maintained continuously in satisfactory and effective operation, by the owner at his expense.
13.12.310 — Additional pretreatment measures.
A. Whenever deemed necessary, the Utilities Division/Department Manager may require Users to
restrict their discharge during peak flow periods, designate that certain wastewater be
discharged only into specific sewers, relocate and/or consolidate points of discharge, separate
sewage wastestreams from industrial wastestreams, and such other conditions as may be
necessary to protect the POTW and determine the User's compliance with the requirements of
this chapter.
B. The Utilities Division/Department Manager may require any person discharging into the POTW
to install and maintain, on their property and at their expense, a suitable storage and flow -
control facility to ensure equalization of flow. An industrial wastewater discharge permit may be
issued solely for flow equalization.
C. Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
13.12.320 —Control utility hole installation.
When required by the Utilities Division/Department Manager, the owner of any property served by a
building sewer carrying industrial wastes shall install a suitable control utility hole in the building sewer to
facilitate observation, sampling and measurements of the wastes. Such utility hole, when required, shall be
accessible and safely located, and shall be constructed in accordance with plans approved by the Utilities
Division/Department Manager. The utility hole shall be installed by the owner at his expense, and shall be
maintained by him so as to be safe and accessible at all times.
13.12.330 Grease, oil, and sand interceptors.
A. Grease, oil and sand interceptors shall be provided when, in the opinion of the Utilities
Division/Department Manager, they are necessary for the proper handling of liquid wastes
containing grease in excessive amounts, or any flammable wastes, sand, and other harmful
ingredients; except that such interceptors shall not be required for private living quarters or
dwelling units. All interceptors shall be of a type and capacity approved by the Utilities
Division/Department Manager, and shall be located as to be readily and easily accessible for
cleaning and inspection.
B. Grease and oil interceptors shall be constructed of impervious materials capable of
withstanding abrupt and extreme changes in temperature. They shall be of substantial
construction, watertight, and equipped with easily removable covers which, when bolted in
place, shall be gastight and watertight.
C. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his
expense, in continuously efficient operation at all times.
Updated December 23, 2020 I Page 15
D. Wastewater discharge permits may be issued to users of grease, oil, and sand interceptors.
Permits shall establish minimum requirements for the design, maintenance and performance of
the equipment. Permits may include other information as described in Section VII of this
chapter.
E. The discharge of waste to a grease, oil, and sand interceptor is subject to all sections of this
chapter.
F. Purchase and installation of the interceptor shall be at the User's expense. No exceptions shall
be made to the requirements of this section due to expense, size of the installation or difficulties
in locating the interceptor within the site boundary.
13.12.340 —Accidental discharge/slug discharge control plans.
The Utilities Division/Department Manager shall evaluate whether each SIU needs an accidental
discharge/slug discharge control plan or other action to control Slug Discharges. The Utilities
Division/Department Manager may require any User to develop, submit for approval, and implement such a
plan or take such other action that may be necessary to control Slug Discharges. Alternatively, the Utilities
Division/Department Manager may develop such a plan for any User. An accidental discharge/slug discharge
control plan shall address, at a minimum, the following:
A. Description of discharge practices, including nonroutine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the Utilities Division/Department Manager of any
accidental or Slug Discharge, as required by Section 13.12.630 of this chapter; and
D. 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.
Article IV. — Industrial Wastewater Discharge Permits
13.12.400 —Wastewater discharge permit categories.
Industrial wastewater discharge permits shall be issued under the following categories as determined by
the Utilities Division/Department Manager after review of the permit application as described in Section
13.12.440 of this chapter. The Utilities Division/Department Manager may determine, upon review of the
permit application, that no permit is required for certain small industries and commercial Users.
A. General industrial/commercial User permits (Class "G" dischargers). General industrial/
commercial User permits may be issued to certain small industries and some commercial Users
whose industrial discharges do not significantly impact the POTW, degrade wastewater quality
or contaminate sludge. Industries that have the potential to discharge a non -domestic or
process waste stream, but at the present time discharge only sanitary waste, may also be
included in this group.
B. Significant Industrial User (SIU) permits (Class "S" dischargers). SIU permits shall be issued to
those industries which are determined by the Utilities Division/Department Manager to be
Significant Industrial Users (SIUs) as defined in Subdivision 13.12.130.UU of this chapter. The
Updated December 23, 2020 I Page 16
Utilities Division/Department Manager may require other Users to obtain an SIU permit as
necessary to carry out the purposes of this chapter.
C. Food Facility (FF) permits (Class "F" dischargers). All food facilities will be classified as Class
"F" dischargers.
13.12.410 — Industrial wastewater discharge permit requirement.
A. No Significant Industrial User shall discharge wastewater into the POTW without first obtaining
an industrial wastewater discharge permit from the Utilities Division/Department Manager,
except that a Significant Industrial User that has filed a timely application pursuant to Section
13.12.420 of this chapter may continue to discharge for the time period specified therein.
B. The Utilities Division/Department Manager may require other Users to obtain industrial
wastewater discharge permits as necessary to carry out the purposes of this chapter.
C. Obtaining an industrial wastewater discharge permit does not relieve a permittee of its
obligation to comply with all Federal and State Pretreatment Standards or Requirements or
with any other requirements of Federal, State, and local law.
13.12.420 — Industrial wastewater discharge permitting: existing connections.
Any User required to obtain an industrial wastewater discharge permit who was discharging wastewater
into the POTW prior to (date certain, which would be the effective date of the ordinance] and who wishes
to continue such discharges in the future, shall, within 60 days after (see previous notes , apply to the
Utilities Division/Department Manager for an industrial wastewater discharge permit in accordance with
Section 13.12.440 of this chapter, and shall not cause or allow discharges to the POTW to continue after 180
days after the (see previous notes , except in accordance with an industrial wastewater discharge permit
issued by the Utilities Division/Department Manager.
13.12.430 — Industrial wastewater discharge permitting: new connections.
Any User required to obtain an industrial wastewater discharge permit who proposes to begin or
recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing
of such discharge. An application for this industrial wastewater discharge permit, in accordance with Section
13.12.440 of this chapter, must be filed at least 60 days prior to the date upon which any discharge will begin
or recommence.
13.12.440 -- Industrial wastewater discharge permit application contents.
A. All Users required to obtain an industrial wastewater discharge permit must submit a permit
application. The Utilities Division/Department Manager may require Users to submit all or some
of the following information as part of a permit application:
1. Identifying Information.
a. The name and address of the facility, including the name of the operator and owner.
b. Contact information, description of activities, facilities, and plant production processes
on the premises;
2. Environmental Permits. A list of any environmental control permits held by or for the
facility.
3. Description of Operations.
a. A brief description of the nature, average rate of production (including each product
produced by type, amount, processes, and rate of production), and standard industrial
classifications of the operation(s) carried out by such User. This description should
Updated December 23, 2020 I Page 17
include a schematic process diagram, which indicates points of discharge to the POTW
from the regulated processes.
b. Types of wastes generated, and a list of all raw materials and chemicals used or stored
at the facility which are, or could accidentally or intentionally be, discharged to the
POTW;
c. Number and type of employees, hours of operation, and proposed or actual hours of
operation;
d. Type and amount of raw materials processed (average and maximum per day);
e . Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers,
floor drains, and appurtenances by size, location, and elevation, and all points of
discharge;
4. Time and duration of discharges;
5. The location for monitoring all wastes covered by the permit;
6. Flow Measurement. Information showing the measured average daily and maximum daily
flow, in gallons per day, to the POTW from regulated process streams and other streams, as
n ecessary, to allow use of the combined wastestream formula set out in Subdivision
13.12.210.A. of this chapter.
7. Measurement of Pollutants.
a. The Categorical Pretreatment Standards applicable to each regulated process and any
new categorically regulated processes for Existing Sources.
b. The results of sampling and analysis identifying the nature and concentration, and/or
mass, where required by the Standard or by the Utilities Division/Department Manager,
of regulated pollutants in the discharge from each regulated process.
c. Instantaneous, Daily Maximum, and long-term average concentrations, or mass, where
required, shall be reported.
d. The sample shall be representative of daily operations and shall be analyzed in
accordance with procedures set out in Section 13.12.670 of this chapter. Where the
Standard requires compliance with any BMPs or pollution prevention alternative, the
User shall submit documentation as required by the Utilities Division/Department
Manager or the applicable Standards to determine compliance with the Standard.
e . Sampling must be performed in accordance with procedures set out in Section
13.12.680 of this chapter.
8. Any other information as may be deemed necessary by the Utilities Division/Department
Manager to evaluate the permit application.
B. Incomplete or inaccurate applications will not be processed and will be returned to the User for
revision.
13.12.450 Application signatories and certifications.
A. All wastewater discharge permit applications, User reports and certification statements must be
signed by an Authorized Representative of the User and contain the certification statement in
Subdivision 13.12.695.A of this chapter.
B. If the designation of an Authorized Representative is no longer accurate because a different
individual or position has responsibility for the overall operation of the facility or overall
responsibility for environmental matters for the company, a new written authorization
satisfying the requirements of this Section must be submitted to the Utilities
Updated December 23, 2020 I Page 18
Division/Department Manager prior to or together with any reports to be signed by an
Authorized Representative.
C. A facility determined to be a Non -Significant Categorical Industrial User by the Utilities
Division/Department Manager pursuant to Subdivision 13.12.130.UU.3. of this chapter must
annually submit the signed certification statement in Subdivision 13.12.695.B. of this chapter
13.12.460 — Industrial wastewater discharge permit decisions.
The Utilities Division/Department Manager will evaluate the data furnished by the User and may require
additional information. Within 60 days of receipt of a complete permit application, the Utilities
Division/Department Manager will determine whether to issue an industrial wastewater discharge permit.
The Utilities Division/Department Manager may deny any application for an industrial wastewater discharge
permit.
A,rticleV. _ Industrial Wastewater Discharge Permit Issuance
13.12.500 — Industrial wastewater discharge permit duration.
An industrial wastewater discharge permit shall be issued for a specified time period, not to exceed five
years from the effective date of the permit. An industrial wastewater discharge permit may be issued for a
period less than five years, at the discretion of the Utilities Division/Department Manager Each industrial
wastewater discharge permit will indicate a specific date upon which it will expire.
13.12.510 — Industrial wastewater discharge permit contents.
An industrial wastewater discharge permit shall include such conditions as are deemed reasonably
necessary by the Utilities Division/Department Manager to prevent Pass Through or Interference, protect
the quality of the water body receiving the treatment plant's effluent, protect worker health and safety,
facilitate sludge management and disposal, and protect against damage to the POTW and any drinking
water supplies produced by WRF.
A. Industrial wastewater discharge permits must contain:
1. A statement that indicates the wastewater discharcie permit issuance date, expiration date
and effective date.
2. A statement that the wastewater discharge permit is nontransferable without prior
notification to the City in accordance with Section 13.12.540 of this chapter, and provisions
for furnishing the new owner or operator with a copy of the existing wastewater discharge
permit;
3. Effluent limits, including Best Management Practices, based on applicable Pretreatment
Standards;
4. Self -monitoring, sampling, reporting, notification, and record -keeping requirements. These
requirements shall include an identification of pollutants (or best management practice) to
be monitored, sampling location, sampling frequency, and sample type based on Federal,
State, and local law.
5. A statement of applicable civil and criminal penalties for violation of Pretreatment
Standards and Requirements, and any applicable compliance schedule. Such schedule may
not extend the time for compliance beyond that required by applicable Federal, State, or
local law.
Updated December 23, 2020 I Page 19
6. Requirements to control Slug Discharge, if determined by the Utilities Division/Department
Manager to be necessary.
B. Industrial wastewater discharge permits may contain, but need not be limited to, the following
conditions:
1. Limits on the average and/or maximum rate of discharge, time of discharge, and/or
requirements for flow regulation and equalization;
2 Requirements for the installation of pretreatment technology, pollution control, or
construction of appropriate containment devices, designed to reduce, eliminate, or prevent
the introduction of pollutants into the treatment works;
3. Requirements for the development and implementation of spill control plans or other
special conditions including management practices necessary to adequately prevent
accidental, unanticipated, or nonroutine discharges;
4. Development and implementation of waste minimization plans to reduce the amount of
pollutants discharged to the POTW;
5. Requirements for installation and maintenance of inspection and sampling facilities and
equipment, including flow measurement devices;
6. A statement that compliance with the industrial wastewater discharge permit does not
relieve the permittee of responsibility for compliance with all applicable Federal and State
Pretreatment Standards, including those which become effective during the term of the
industrial wastewater discharge permit; and
7. Other conditions as deemed appropriate by the Utilities Division/Department Manager to
ensure compliance with this chapter, and State and Federal laws, rules, and regulations.
13.12.520 — Permit issuance and appeals process.
A. The User may petition the Utilities Division/Department Manager to reconsider the terms of an
industrial wastewater discharge permit within 15 working days of notice of its issuance.
1. Failure to submit a timely petition for review shall be deemed to be a waiver of the
administrative appeal.
2. In its petition, the appealing party must indicate the industrial wastewater discharge permit
provisions objected to, the reasons for this objection, and the alternative condition, if any, it
seeks to place in the industrial wastewater discharge permit.
The effectiveness of the industrial wastewater discharge permit shall not be stayed pending
the appeal.
4. If the Utilities Division/Department Manager fails to act within 60 days, a request for
reconsideration shall be deemed to be denied. Decisions not to reconsider an industrial
wastewater discharge permit, not to issue an industrial wastewater discharge permit, or not
to modify an industrial wastewater discharge permit shall be considered final administrative
actions for purposes of judicial review.
5. Aggrieved parties seeking judicial review of the final administrative industrial wastewater
discharge permit decision must do so by filing a complaint with the Superior Court of San
Luis Obispo County.
13.12.530 -- Permit modification.
A. The Utilities Division/Department Manager may modify an industrial wastewater discharge
permit for good cause, including, but not limited to, the following reasons:
Updated December 23, 2020 I Page 20
1. To incorporate any new or revised Federal, State, or local Pretreatment Standards or
Requirements;
2. To address significant alterations or additions to the User's operation, processes, or
wastewater volume or character since the time of the industrial wastewater discharge
permit issuance;
3. A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
4. Information indicating that the permitted discharge poses a threat to the City's POTW, City
personnel, or the receiving waters;
5. Violation of any terms or conditions of the industrial wastewater discharge permit;
6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge
permit application or in any required reporting;
7. To correct typographical or other errors in the industrial wastewater discharge permit; or
8. To reflect a transfer of the facility ownership or operation to a new owner or operator where
requested in accordance with Section 13.12.540 of this chapter.
13.12.540 ,- Industrial wastewater discharge permit transfer.
Industrial wastewater discharge permits may be transferred to a new owner or operator only if the
permittee gives at least 60-days' advance notice to the Utilities Division/Department Manager and the
Utilities Division/Department Manager approves the industrial wastewater discharge permit transfer. The
notice to the Utilities Division/Department Manager must include a written certification by the new owner or
operator which:
A. States that the new owner and/or operator has no immediate intent to change the facility's
operations and processes;
B. Identifies the specific date on which the transfer is to occur; and
C. Acknowledges full responsibility for complying with the existing industrial wastewater
discharge permit.
Failure to provide advance notice of a transfer renders the industrial wastewater discharge permit void
as of the date of facility transfer.
13.12.550 - Industrial wastewater discharge permit revocation or suspension.
The Utilities Division/Department Manager may revoke or suspend an industrial wastewater discharge
permit for good cause, including, but not limited to, the following reasons:
A. Failure to notify the Utilities Division/Department Manager of significant changes to the
wastewater prior to the changed discharge;
B. Failure to provide prior notification to the Utilities Division/Department Manager of changed
conditions pursuant to 13.12.620 of this chapter;
C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge
permit application;
D. Falsifying self -monitoring reports and certification statements;
E. Tampering with monitoring equipment;
F. Refusing to allow the Utilities Division/Department Manager timely access to the facility
premises and records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
Updated December 23, 2020 I Page 21
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 chapter.
Industrial wastewater discharge permits shall be voidable upon cessation of operations or transfer of
business ownership. All industrial wastewater discharge permits issued to a User are void upon the issuance
of a new industrial wastewater discharge permit to that User.
13.12.560 — Industrial wastewater discharge permit reissuance
A User with an expiring industrial wastewater discharge permit shall apply for industrial wastewater
discharge permit reissuance by submitting a complete permit application, in accordance with 13.12.210 of
this chapter, a minimum of 30 days prior to the expiration of the User's existing industrial wastewater
discharge permit.
Article VI. — Reporting Requirements
13.12.600 — Reporting requirements for Industrial Users subject to categorical
pretreatment standards.
A. Baseline Monitoring Reports.
1. Within either 180 days after the effective date of a categorical Pretreatment Standard, or
the final administrative decision on a category determination under 40 CFR 403.6(a)(4),
whichever is later, Categorical Industrial Users scheduled to discharge to the POTW shall
submit to the Utilities Division/Department Manager a report which contains the
information listed in Paragraph 2, below. At least 90 days prior to commencement of their
discharge, New Sources, and sources that become Categorical Industrial Users subsequent
to the promulgation of an applicable categorical Standard, shall submit to the Utilities
Division/Department Manager a report which contains the information listed in Paragraph
2, below. A New Source shall report the method of pretreatment it intends to use to meet
applicable categorical Standards. A New Source also shall give estimates of its anticipated
flow and quantity of pollutants to be discharged.
2. Users described above shall submit the information set forth below.
a. All information required in Subdivisions 13.12.440.A.1.a., A.2., A.3.a., and A.6. of this
chapter.
b. Measurement of pollutants.
i. The User shall provide the information required in Subdivision 13.12.440.A.7. a.
through d. of this chapter.
ii. The User shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this paragraph.
iii. 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 in 40 CFR 403.6(e) to
Updated December 23, 2020 I Page 22
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 Control
Authority;
iv. Sampling and analysis shall be performed in accordance with Section 13.12.670 of
this chapter;
v. The Utilities Division/Department Manager 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;
vi. 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.
c. Compliance Certification. A statement, reviewed by the User's Authorized
Representative as defined in Subdivision 13.12.130.C. of this chapter and certified by a
qualified professional, indicating whether Pretreatment Standards are being met on a
consistent basis, and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the Pretreatment Standards and
Requirements.
d. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet
the Pretreatment Standards, the shortest schedule by which the User will provide such
additional pretreatment and/or O&M must be provided. The completion date in this
schedule shall not be later than the compliance date established for the applicable
Pretreatment Standard. A compliance schedule pursuant to this Section must meet the
requirements set out in Subdivision 13.12.600.B. of this chapter.
e . Signature and Report Certification. All baseline monitoring reports must be certified in
accordance with Subdivision 13.12.695.A. of this chapter and signed by an Authorized
Representative as defined in Subdivision 13.12.130.C. of this chapter.
B. Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by Subdivision
13.12.600.A.2.d. of this chapter:
1 The schedule shall contain progress increments in the form of dates for the commencement
and completion of major events leading to the construction and operation of additional
pretreatment required for the User to meet the applicable Pretreatment Standards (such
e vents include, but are not limited to, hiring an engineer, completing preliminary and final
plans, executing contracts for major components, commencing and completing
construction, and beginning and conducting routine operation);
2 No increment referred to above shall exceed nine months;
3. The User shall submit a progress report to the Utilities Division/Department Manager no
later than 14 days following each date in the schedule and the final date of compliance
including, as a minimum, whether or not it complied with the increment of progress, the
reason for any delay, and, if appropriate, the steps being taken by the User to return to the
e stablished schedule; and
4 In no event shall more than nine months elapse between such progress reports to the
Utilities Division/Department Manager.
C. Reports on Compliance with Categorical Pretreatment Standard Deadline
Updated December 23, 2020 1 Page 23
Within 90 days following the date for final compliance with applicable categorical Pretreatment
Standards, or in the case ofa New Source following commencement of the introduction of
wastewater into the POTW, any User subject to such Pretreatment Standards and
Requirements shall submit to the Utilities Division/Department Manager a report containing the
information described in Subdivisions 13.12.440.A.6. and A.7. and 13.12.600.A.2.b. of this
chapter. For 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. All
compliance reports must be signed and certified in accordance with Subdivision 13.12.695.A. of
this chapter. All sampling will be done in conformance with Section 13.12.680 of this chapter.
13.12.610 — Periodic Compliance Reports for Significant Industrial Users
A. All Significant Industrial Users (categorical or noncategorical) must, at a frequency determined
by the Utilities Division/Department Manager submit no less than twice per year (June and
December [or on dates specified]) reports indicating the nature, concentration of pollutants in
the discharge which are limited by Pretreatment Standards and the measured or estimated
average and maximum daily flows for the reporting period. In cases where the Pretreatment
Standard requires compliance with all BMPs or pollution prevention alternative, the User must
submit documentation required by the Utilities Division/Department Manager or the
Pretreatment Standard necessary to determine the compliance status of the User.
B. All periodic compliance reports must be signed and certified in accordance with Subdivision
13.12.695.A. of this chapter.
C. All wastewater samples must be representative of the User's discharge. Wastewater monitoring
and flow measurement facilities shall be properly operated, kept clean, and maintained in good
working order at all times. The failure of a User to keep its monitoring facility in good working
order shall not be grounds for the Userto claim that sample results are unrepresentative of its
discharge.
D. If a User subject to the reporting requirement in this section monitors any regulated pollutant at
the appropriate sampling location more frequently than required by the Utilities
Division/Department Manager, using the procedures prescribed in Section 13.12.680. of this
chapter, the results of this monitoring shall be included in the report.
13.12.620 — Reports of changed conditions.
Each User must notify the Utilities Division/Department Manager of any significant changes to the
User's operations or system which might alter the nature, quality, or volume of its wastewater at least 60
days before the change.
A. The Utilities Division/Department Manager may require the Userto submit such information as
may be deemed necessary to evaluate the changed condition, including the submission of a
wastewater discharge permit application under Section 13.12.440 of this chapter.
B. The Utilities Division/Department Manager may issue an industrial wastewater discharge
permit under Section 13.12.560 of this chapter or modify an existing wastewater discharge
permit under Sections 13.12.520 and 13.12.530 of this chapter in response to changed
conditions or anticipated changed conditions.
Updated December 23, 2020 I Page 24
13.12.630 — Reports of potential problems.
A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a
n onroutine, episodic nature, a noncustomary batch discharge, a Slug Discharge or Slug Load,
that might cause potential problems for the POTW, the User shall immediately telephone and
n otify the Utilities Division/Department Manager of the incident. This notification shall include
the location of the discharge, type of waste, concentration and volume, if known, and corrective
actions taken by the User.
B. Within five days following such discharge, the User shall, unless waived by the Utilities
Division/Department Manager, submit a detailed written report describing the cause(s) of the
discharge and the measures to be taken by the User to prevent similar future occurrences. Such
n otification shall not relieve the User of any expense, loss, damage, or other liability which
might be incurred as a result of damage to the POTW, natural resources, or any other damage
to person or property; nor shall such notification relieve the User of any fines, penalties, or other
liability which may be imposed pursuant to this chapter.
C. A notice shall be permanently posted on the User's bulletin board or other prominent place
advising employees who to call in the event of a discharge described in part A., above.
Employers shall ensure that all employees, who could cause such a discharge to occur, are
advised of the emergency notification procedure.
D. Significant Industrial Users are required to notify the Utilities Division/Department Manager
immediately of any changes at its facility affecting the potential for a Slug Discharge.
13.12.640 — Reports from unpermitted Users, general industrial/commercial users, or
food facilities.
All Users not required to obtain an industrial wastewater discharge permit, or those operating under
general discharge permits or food facility permits described in Subdivisions 13.12.400 A and C, respectively,
shall provide appropriate reports to the Utilities Division/Department Manager as the Utilities
Division/Department Manager may require.
13.12.650 — Notice of violation/repeat sampling and reporting.
If sampling performed by a User indicates a violation, then the User must notify the Utilities
Division/Department Manager within 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 Utilities Division/Department
Manager within 30 days after becoming aware of the violation. Resampling by the Industrial User is not
required if the City performs sampling at the User's facility at least once a month, or if the City performs
sampling at the User between the time when the initial sampling was conducted and the time when the User
or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu
of the Industrial User.
13.12.660 — Notification of the discharge of hazardous waste.
A. Any User who commences the discharge of hazardous waste shall notify the POTW, 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 User discharges more than 100 kilograms
of such waste per calendar month to the POTW, then the notification also shall contain the
Updated December 23, 2020 I Page 25
following information to the extent such information is known and readily available to the 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 12 months. All notifications must take place no later than
180 days after the discharge commences. Any notification under this paragraph need be
submitted only once for each hazardous waste discharged. However, notifications of changed
conditions must be submitted under 13.12.620 of this chapter. The notification requirement in
this Section does not apply to pollutants already reported by Users subject to categorical
Pretreatment Standards under the self -monitoring requirements of Subdivisions 13.12.600.A.
and C. and 13.12.610 of this chapter.
B. Dischargers are exempt from the requirements of paragraph A., above, during a calendar month
in which they discharge no more than fifteen 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 15 kilograms of nonacute 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-time
notification.
C. Subsequent consecutive periods of 30 days during which the User discharges more than such
quantities of any hazardous waste do not require additional notification.
D. 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
User must notify the Utilities Division/Department Manager, the EPA Regional Waste
Management Waste Division Director, and State hazardous waste authorities of the discharge
of such substance within 90 days after the effective date of such regulations.
E In the case of any notification made under this Section, the User shall certify it has a program in
place to reduce the volume and toxicity of hazardous wastes generated to the degree it has
determined to be economically practical.
F. This provision does not create a right to discharge any substance not otherwise permitted to be
discharged by this chapter, a permit issued thereunder, or any applicable Federal or State law.
13.12.670—Analytical requirements.
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge
permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part
136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment
Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question,
or where the EPA determines the Part 136 sampling and analytical techniques are inappropriate for the
pollutant in question, then sampling and analyses shall be performed by using validated analytical methods
or any other applicable sampling and analytical procedures, including procedures suggested by the Utilities
Division/Department Manager or other parties approved by EPA.
13.12.680 — Sample collection.
Samples collected to satisfy reporting requirements must be based on data obtained through
appropriate sampling and analysis performed during the period covered by the report, based on data that is
representative of conditions occurring during the reporting period.
A. Except as indicated in Subdivisions B. and C., below, the User must collect wastewater samples
using 24-hour flow -proportional composite sampling techniques, unless time -proportional
Updated December 23, 2020 I Page 26
composite sampling or grab sampling is authorized by the Utilities Division/Department
Manager. Where time -proportional composite sampling or grab sampling is authorized by the
City, the samples must be representative of the discharge. Using protocols (including
appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple
grab samples collected during a 24-hour period may be composited prior to the analysis as
follows: for cyanide, total phenols, and sulfides the samples may be composited in the
laboratory or in the field; for volatile organics and oil and grease, the samples may be
composited in the laboratory. Composite samples for other parameters unaffected by the
compositing procedures as documented in approved EPA methodologies may be authorized by
the City, as appropriate. In addition, grab samples may be required to show compliance with
Instantaneous Limits.
B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile
organic compounds must be obtained using grab collection techniques.
C. For sampling required in support of baseline monitoring and 90-day compliance reports
required in Subdivisions 13.12.600.A. and C. of this chapter, a minimum of four (4) grab samples
must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic
compounds for facilities for which historical sampling data do not exist; for facilities for which
historical sampling data are available, the Utilities Division/Department Manager may authorize
a lower minimum. For the reports required by Section 13.12.610 of this chapter, the Industrial
User is required to collect the number of grab samples necessary to assess and assure
compliance by with applicable Pretreatment Standards and Requirements.
13.12.685 — Date of receipt of reports.
Written reports will be deemed to have been submitted on the date postmarked. For reports, which are
not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of
receipt of the report shall govern.
13.12.690 — Recordkeeping.
Users subject to the reporting requirements of this chapter shall retain, and make available for
inspection and copying, all records of information obtained pursuant to any monitoring activities required by
this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by
the User independent of such requirements, and documentation associated with Best Management
Practices established under Section 13.12.220 of this chapter. Records shall include the date, exact place,
method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were
performed; who performed the analyses; the analytical techniques or methods used; and the results of such
analyses. These records shall remain available for a period of at least three years. This period shall be
automatically extended for the duration of any litigation concerning the User or the City, or where the User
has been specifically notified of a longer retention period by the Utilities Division/Department Manager.
13.12.695 — Certification statements.
A. Certification of Permit Applications, User Reports and Initial Monitoring Waiver The following
certification statement is required to be signed and submitted by Users submitting permit
applications in accordance with Section 13.12.220 of this chapter; Users submitting baseline
monitoring reports under Subdivision 13.12.600.A.2. e. of this chapter, Users submitting reports
on compliance with the categorical Pretreatment Standard deadlines under Subdivision
13.12.600.C. of this chapter; and Users submitting periodic compliance reports required by
Updated December 23, 2020 I Page 27
Subdivisions13.12.610.A. and B. of this chapter The following certification statement must be
signed by an Authorized Representative as defined in Subdivision 13.12.130.C. of this chapter:
I certify, under penalty of law, this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to
assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or 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 there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing
violations.
B. Annual Certification for Non -Significant Categorical Industrial Users A facility determined to
be a Non -Significant Categorical Industrial User by the Utilities Division/Department Manager
pursuant to Subdivisions 13.12.130.UU.3 and 13.12.440.C. of this chapter. must annually submit
the following certification statement signed in accordance with the signatory requirements in
Subdivision 13.12.130.C. of this chapter This certification must accompany an alternative report
required by the Utilities Division/Department Manager:
Based on my inquiry of the person or persons directly responsible for managing
compliance with the categorical Pretreatment Standards under 40 CFR ,
certify, to the best of my knowledge and belief that during the period from
to [months, days, year]:
(a) The facility described as [facility name] met the
definition of a Non -Significant Categorical Industrial User as described in
13.12.130.UU.3 of the Morro Bay Municipal Code;
(b) The facility complied with all applicable Pretreatment Standards and
requirements during this reporting period; and
(c) the facility never discharged more than 100 gallons of total categorical
wastewater on any given day during this reporting period.
This compliance certification is based on the following information.
ArticleVll. —Fats, Oils, & Grease (FOG) Control Program
13.12.700 Title.
This Article shall be referred to as the "City of Morro Bay FOG Control Program" or "FOG
Control Program."
13.12.710 — Purpose of the FOG ordinance.
The purpose of the FOG Control Program Ordinance is to reduce Sanitary Sewer Overflows
(SSOs) and blockages, and to protect public health and the environment by minimizing public
Updated December 23, 2020 I Page 28
exposure to unsanitary conditions. By controlling the discharge of fats, oils, and grease to the
wastewater collection system, excessive buildup in sewer lines can be lessened, thereby increasing
the system's operating efficiency and reducing the number of sewer line blockages and overflows.
13.12.720 — General FOG discharge prohibitions.
No FF shall discharge or cause to be discharged into the sewer system FOG that may
accumulate and/or cause or contribute to blockages in the sewer system or at the sewer lateral,
which connects the FF to the sewer system.
13.12.730— Specific FOG prohibitions.
The following specific prohibitions shall apply to all FF:
A. Discharge of any FOG -containing wastewater that is not connected to a grease removal device
is prohibited.
B. Non -grease laden sources such as, but not limited to, hand -wash sinks, toilets, urinals, and
stormwater, shall not be connected to a grease removal device.
C. No dishwasher shall be connected to a grease trap.
D. Discharge of wastewater with temperatures in excess of 140° F (60°C) into any grease trap is
prohibited.
E Direct disposal of any waste cooking oil into any drain or cleanout that is connected to the
sewer system is prohibited.
F. Introduction of any additive into a grease removal device or directly into the sewer system for
the purpose of emulsifying FOG, biologically/chemically treating FOG for grease remediation,
or as a supplement to any grease removal device maintenance is prohibited, unless specifically
authorized in writing by the Utilities Division/Department Manager.
G. Discharge of any waste which has been removed from a grease removal device into the sewer
system is prohibited.
13.12.740 — FOG wastewater discharge permit required.
All FFs shall obtain a FOG Wastewater Discharge Permit. Nothing in the permit is intended to
relieve the FF of any local, state, or federal regulation. Any denial of a permit may be appealed
under Section 13.12.520 of this chapter.
13.12.745 — FOG permit application requirements.
FOG Wastewater Discharge Permit Applications shall include the following information:
A. Name, address, telephone number, description of the FF and service activities.
B. Name of any and all principals/owners of the FF.
C. Name and address of property owner or lessor and the property manager where the FF
is located.
D. Specifications of all grease removal devices.
E Operational statement of FF.
F. Any other information as may be specified in the application form.
13.12.750 — FOG wastewater discharge permit conditions.
A. FOG Wastewater Discharge Permits must contain the following:
1. A statement that indicates the wastewater discharge permit duration.
2. A statement that the wastewater discharge permit is nontransferable.
Updated December 23, 2020 I Page 29
3. A statement of applicable civil and criminal penalties for violation of permit and
FOG ordinance.
B. FOG Wastewater Discharge Permits may contain the following conditions or limits if
found necessary to meet the intent of the FOG Control Program Ordinance by the
Utilities Division/Department Manager:
1. Limits on discharge of FOG and other pollutants.
2. Requirements to install, operate, and maintain adequate pretreatment devices
including grease removal devices.
3. Requirements for proper operation and maintenance of all pretreatment devices.
4. Grease removal device maintenance frequency and schedule.
5. Requirements for implementing, maintaining, and reporting on the status of BMPs.
6. Requirements for maintaining and submitting Togs and records, including waste
hauling records and manifests and to have such records available for inspection.
7. Requirements to self -monitor.
8. Additional requirements as may be determined to be reasonably appropriate by the
Utilities Division/Department Manager or as specified by other Regulatory
Agencies to protect the collection system.
9. Other terms and conditions, which may be reasonably applicable to ensure
compliance with the FOG Control Program.
13.12.755 — FOG wastewater discharge permit modifications.
FOG Wastewater Discharge Permit modifications are subject to Section 13.12.530 of this
chapter consistent with the terms, requirements, and policies in this section.
13.12.760 — FOG best management practices.
All FFs shall implement BMPs in an effort to minimize the discharge of FOG to the sewer
system, including, but not limited to, the following, as applicable:
A. Installation of Drain Screens. Drain screens shall be installed on all drainage pipes in
food preparation areas.
B. Disposal of Waste Cooking Oil and Grease. FFs shall dispose of waste cooking oil in
accordance with state and local law.
C. Segregation and Collection of Waste Cooking Oil. All waste cooking oil shall be
collected and stored properly in recycling receptacles such as barrels or drums. Such
recycling receptacles shall be maintained properly to insure that they do not leak.
Licensed waste haulers or an approved recycling facility must be used to dispose of
waste cooking oil in accordance with applicable state and local law.
D. Disposal of Food Waste. All food waste should be disposed of directly into the trash or
garbage in accordance with applicable state and local law and not into sinks and shall
be disposed of in a manner that will ensure against leakage in the trash container or
anywhere else.
E Employee Training. Employees of each FF shall be trained by ownership/management
periodically as specified in the FOG wastewater discharge permit on the following
subjects:
1. Dry -wiping pots, pans, dishware and work areas before washing to remove grease.
2. Properly disposing food waste and solids in plastic bags prior to disposal in trash
bins or containers to prevent leaking and odors.
Updated December 23, 2020 I Page 30
3. The location and use of absorption products to clean under fryer baskets and other
locations where grease may be spilled or dripped.
4. Properly disposing grease or oils from cooking equipment into a proper grease
receptacle without spilling.
5. Training shall be documented along with employee signatures. Training records
shall be available for review at any time by authorized representatives of the City.
E Maintenance of Mechanical Exhaust Ventilation Filters. Filters shall be cleaned as
frequently as necessary to be maintained in good operating condition. The wastewater
generated from cleaning exhaust filters shall be disposed of properly.
F. Kitchen Signage. Best management and waste minimization practices shall be posted
conspicuously in the food preparation and dishwashing areas at all times.
13.12.765 -- FOG pretreatment required for new and existing FFs.
Each owner of a FF is required to install, operate, and maintain an approved type and
adequately sized grease interceptor necessary to maintain compliance with the objectives of this
section, subject only to the variance and waiver provisions and other exceptions of this section. The
grease interceptor shall be adequate to separate and remove FOG contained in wastewater
discharges from FFs prior to discharge to the sewer system. Fixtures, equipment, and drain lines
located in the food preparation and cleanup areas of FFs that are sources of FOG discharges shall be
connected to the grease interceptor.
A. New FFs, those that are not existing on (date certain, which will be the effective date
of this ordinance) shall include grease interceptors prior to commencing discharges of
wastewater to the sewer system.
B. Each FFs existing as of (date certain, which will be the effective date of this ordinance]
shall include grease interceptors in any of the following circumstances:
1. When the FF changes ownership;
2. When any change in operation results in or has the potential to result in the
increase of the amount of FOG generated and/or discharged by FF in an amount
that alone or collectively causes or creates a potential SSO to occur;
3. When it is determined by the Utilities Division/Department Manager the FF caused
or contributed to grease -related blockages in the sewer system, has sewer laterals
connected to hot spots, or has been determined to contribute significant FOG to
the sewer system, based on inspection and sampling;
4. During a remodel;
5. Any other time the Utilities Division/Department Manager reasonably determines
that installation of a grease interceptor is necessary to avoid an adverse impact to
the sewer system.
C. Any owner of an FF existing on [-date certain, which will be the effective date of this
ordinance] that receives a notice from the Utilities Division/Department Manager to
install a grease interceptor must install the interceptor within 90 days, unless a shorter
or longer period is reasonably required by the Utilities Division/Department Manager.
13.12.770 — Variance of grease interceptor requirement.
Notwithstanding any other provision in this section, an owner of an FF existing on Fdate
certain, which will be the effective date of this ordinance) may obtain a variance, at the Utilities
Division/Department Manager's discretion, from the grease interceptor requirement to allow
Updated December 23, 2020 I Page 31
alternative pretreatment technology that is equally effective in controlling the FOG discharge in lieu
of a grease interceptor.
13.12.775 — Cost recovery for FOG.
All costs incurred for cleaning the sewer line to remove FOG buildup caused or contributed to by
an FF shall be reimbursed to the City by the owner of the FF. Factors for determining responsible
parties for cost recovery charges, include FFs that are discharging into the affected sewer Tine, the
presence of grease removal devices or alternative pretreatment in the FF, proper maintenance of
grease removal devices by the owner or operator of the FF, implementation of BMPs, and any
waivers or variances granted.
13.12.780 — Grease interceptor requirements.
The owner of any FF that is required to include FOG pretreatment shall install operate and
maintain an approved type and properly sized grease interceptor, or other grease removal device
authorized under an approved variance, necessary to maintain compliance with the purpose of the
FOG Control Program Ordinance.
A. Approved grease interceptor sizing and installation shall conform to the latest
approved edition of the California Uniform Plumbing Code.
B. Grease interceptors shall be constructed in accordance with the design approved by the
Utilities Division/Department Manager and shall have a minimum of two compartments
with fittings designed for grease retention.
C. Grease interceptors shall be installed at a location where it shall be at all times easily
accessible for inspection, cleaning and removal of accumulated grease.
1. Grease interceptors may not be installed in any part of the building where food is
handled.
2. If a location is not available on the property of the FF, a street encroachment
permit may be requested to authorize installation of a grease interceptor in a public
access area such as the street or sidewalk area.
3. There will be no obstruction from landscaping or parked vehicles, with the
exception of parked vehicles in a public access area as granted through a street
encroachment permit.
D. Access utility holes, with a minimum diameter of 24 inches, shall be provided over each
grease interceptor chamber and sanitary tee. The utility holes shall also have readily
removable covers to facilitate inspection, grease removal and wastewater sampling
activities.
E. The original design of the grease interceptor shall not be modified unless the
manufacturer recommends the modification in writing.
1. Any modification will be at the FFs expense.
2. The City is not liable for any non-compliance as a result of any modification.
F. The Utilities Division/Department Manager may require other pretreatment measures
or modifications to improve the effectiveness of the grease interceptor.
G. Connections to the grease interceptor shall be approved by the Utilities
Division/Department Manager, and the Utilities Division/Department Manager may
require connections to be removed.
Updated December 23, 2020 I Page 32
13.12.785 — Grease interceptor maintenance requirements.
Grease interceptors shall be maintained in efficient operating condition by periodic complete
removal of all contents of the devices including wastewater, accumulated FOG, floating materials,
sludge and solids.
A. No FOG that has accumulated in a grease interceptor shall be allowed to pass into any
sewer lateral, sewer system, storm drain, or public right of way during maintenance
activities.
B. When any FF is located in an area that is considered to be a hot spot, the owner will be
required to submit data and information necessary to establish a maintenance
frequency for their grease interceptor.
C. The maintenance frequency for all FFs with a grease interceptor shall be determined in
one of the following methods:
1. Grease interceptors shall be fully pumped out and cleaned at a frequency such that
the combined FOG and solids accumulation does not exceed the Twenty-five
Percent Rule. Regardless, the interval between cleaning shall not exceed six
months.
2. If the grease interceptor contains, at any time, FOG and solids accumulation that
exceeds the Twenty-five Percent Rule, the FF shall be required to have the grease
interceptor serviced immediately so that all FOG, sludge and other materials are
completely removed from the interceptor. If necessary, the FF may be required to
increase the maintenance frequency of the grease interceptor from its current
frequency.
D. Wastewater, accumulated FOG, floating materials, sludge, solids, and other materials
removed from the grease interceptor shall be disposed offsite properly by licensed
waste haulers or recyclers in accordance with federal, state, and/or local regulations.
13.12.790 — Grease trap requirements.
Grease traps may be authorized by the Utilities Division/Department Manager through a variance under
Section 13.12.530 of this chapter with the following conditions:
A. Grease traps shall be installed in waste lines leading from drains, sinks and other
fixtures or equipment where grease may be introduced into the sewer system in
quantities that can cause blockage.
B. Grease traps shall be properly sized and installed in accordance with the latest
approved edition of the California Uniform Plumbing Code.
C. The original design of the grease trap shall not be modified unless the manufacturer
recommends the modification in writing.
1. Any modification will be at the FF's expense.
2. The City is not liable for any non-compliance as a result of any modification.
D. Grease traps shall be maintained in efficient operating conditions by removing
accumulated grease. The interval between cleaning will be established by the Utilities
Division/Department Manager, but shall not exceed two weeks. Baffles shall be
removed and cleaned during the maintenance process, when applicable.
E Grease traps shall be kept free of all food residues and any FOG waste removed during
the cleaning and scraping process.
Updated December 23, 2020 I Page 33
F. Grease traps shall be inspected periodically to check for leaking seams and pipes and
for effective operation of the baffles and flow regulating devices.
G. Grease traps and their baffles shall be maintained free of all caked on FOG and waste.
H. Dishwashers and food waste disposal units shall not be connected to or discharged into
any grease trap.
1. The temperature of any water entering a grease trap shall not exceed 140° F (60° C).
J. All wastes shall be properly disposed of in accordance with applicable local and state
laws.
13.12.795 — FOG record keeping requirements.
Each owner of an FF shall keep all records, including manifests, receipts and invoices of all cleaning and
maintenance of grease removal devices. All records shall be made available to authorized representatives of
the City upon request. In addition to the above mentioned documents, records include logbooks of
maintenance activity, BMPs and employee training, sampling data, spill reports, line cleaning reports, and
any other information deemed appropriate by the Utilities Division/Department Manager to ensure
compliance with the FOG Control Program and this section.
ArticleVlll. Compliance Monitoring
13.12.800 — Right of entry: inspection and sampling.
The Utilities Division/Department Manager shall have the right to enter the premises of any Userto
determine whether the User is complying with all requirements of this chapter and any industrial
wastewater discharge permit or order issued hereunder. Users shall allow the Utilities Division/Department
Manager ready access to all parts of the premises for the purposes of inspection, sampling, records
examination and copying, and the performance of any additional duties.
A. Where a User has security measures in force which require proper identification and clearance
before entry into its premises, the User shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, the Utilities Division/Department
Manager shall be permitted to enter without delay for the purposes of performing specific
responsibilities.
B. The Utilities Division/Department Manager shall have the right to set up on the User's property,
or require installation of, such devices as are necessary to conduct sampling and/or metering of
the User's operations.
C. The Utilities Division/Department Manager may require the Userto install monitoring
equipment as necessary. The facility's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the User at its own expense. All devices
used to measure wastewater flow and quality shall be calibrated at a frequency established by
the Utilities Division/Department Manager, but no less than the frequency recommended by the
manufacturer.
D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected
and/or sampled shall be promptly removed by the User at the written or verbal request of the
Utilities Division/Department Manager and shall not be replaced. The costs of clearing such
access shall be borne by the User.
E. Unreasonable delays in allowing the Utilities Division/Department Manager access to the User's
premises shall be a violation of this chapter.
Updated December 23, 2020 I Page 34
Article IX — Confidential Information
13.12.900 — Confidential information.
Information and data on a User obtained from reports, surveys, wastewater discharge permit
applications, industrial wastewater discharge permits, and monitoring programs, and from the Utilities
Division/Department Manager's inspection and sampling activities, shall be available to the public without
restriction, unless the User specifically requests, and is able to demonstrate to the satisfaction ofthe Utilities
Division/Department Manager, the release of such information would divulge information, processes, or
methods of production entitled to protection as trade secrets under applicable State law. Any such request
must be asserted at the time of submission ofthe information or data. When requested and demonstrated
by the User furnishing a report such information should be held confidential, unless otherwise required by
court order or applicable State law, the portions of a report which might disclose trade secrets or secret
processes shall not be made available for inspection by the public, but shall be made available immediately
upon request to governmental agencies for uses related to the NPDES program or pretreatment program,
and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and
characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential
information and shall be available to the public without restriction.
Article X. — Remedies for Noncompliance
13.12.1000 —Violation.
A. Unless otherwise specified in this chapter, any violation of any provision of this chapter or any
permit or order issued hereunder shall be punishable pursuant to Section 1.16.010 and 1.16.020
of this code.
B. A violation of any permit or order issued pursuant to this chapter shall be deemed a violation of
this code.
C. Each day, or part thereof, a violation continues shall be regarded as a new and separate offense.
13.12.1015 — Notification of violation.
If the Utilities Division/Department Manager finds a User has violated, or continues to violate, any
provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, then the Utilities Division/Department Manager may serve upon
that User a written Notice of Violation. Within 10 days after the receipt of such notice, an explanation of the
violation and a plan for the satisfactory correction and prevention thereof, to include specific required
actions, shall be submitted by the User to the Utilities Division/Department Manager. Submission of such a
plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of
Violation. Nothing in this Section shall limit the authority of the Utilities Division/Department Manager to
take any action, including emergency actions or any other enforcement action, without first issuing a Notice
of Violation.
13.12.1020 — Consent orders.
The Utilities Division/Department Manager may enter into a consent orders, an assurances of
compliance, or any other similar document establishing an agreement with any User responsible for
noncompliance. Such document shall include specific action to be taken by the User to correct the
noncompliance within a time period specified by the document and all penalties, fines and other costs to be
Updated December 23, 2020 I Page 35
paid by the User. Such documents shall have the same force and effect as the administrative orders issued
pursuant to Sections 13.12.1030 or 13.12.1035 of this chapter and shall be judicially enforceable.
13.12.1025 — Show cause hearing.
The Utilities Division/Department Manager may order a User, which has violated, or continues to
violate, any provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder,
or any other Pretreatment Standard or Requirement, to appear before the Utilities Division/Department
Manager and show cause why the proposed enforcement action should not be taken. Notice shall be served
on the User specifying the time and place for the meeting, the proposed enforcement action, the reasons for
such action, and a request the User show cause why the proposed enforcement action should not be taken.
The notice of the meeting shall be served personally or by registered or certified mail (return receipt
requested) at least 15 days prior to the hearing. Such notice may be served on any Authorized
Representative of the User, as designated pursuant Subdivision 13.12.460.A. of this chapter. A show cause
hearing shall not be a bar against, or prerequisite for, taking any action against the User pursuant to this
chapter or any Federal, State or local law, rule or regulation.
13.12.1030 Compliance orders.
If the Utilities Division/Department Manager finds a User has violated, or continues to violate, any
provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, then the Utilities Division/Department Manager may issue an order
to the User responsible for the discharge directing the User comply within a specified time. If the User does
not come into compliance within the time provided, then sewer service may be discontinued, unless
adequate treatment facilities, devices, or other related appurtenances are installed and properly operated.
Compliance orders also may contain other requirements to address the noncompliance, including additional
self -monitoring and management practices designed to minimize the amount of pollutants discharged to
the sewer. A compliance order may not extend the deadline for compliance established for a Pretreatment
Standard or Requirement, nor does a compliance order relieve the User of liability for any violation,
including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite
for, taking any other action against the User.
13.12.1035 -- Cease and desist orders.
If the Utilities Division/Department Manager finds (i) a User has violated, or continues to violate, any
provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, or (ii) the User's past violations are likely to recur, then the Utilities
Division/Department Manager may issue an order to the User directing it to cease and desist all such
violations and directing the User to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or preventive action as may be needed to properly address a
continuing or threatened violation, including halting operations and/or terminating the
discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action
against the User.
13.12.1040 — Administrative citations and fines.
Notwithstanding Chapter 1.03 of this code and in addition to the process described therein, the
following provisions shall apply to any violation of this chapter:
Updated December 23, 2020 I Page 36
A. If the Utilities Division/Department Manager finds a User has violated, or continues to violate,
any provision of this chapter, an industrial wastewater discharge permit, or order issued
hereunder, or any other Pretreatment Standard or Requirement, then the Utilities
Division/Department Manager may fine such User in an amount not to exceed those established
in the table below:
Number
one-year
of
period
offense(s)
in
Amount
Administrative
Penalty
of
First
$ 1,500.00
Second
S 2,500.00
.
Third
and
subsequent
$ 3,500.00
Such fines shall be assessed on a per -violation, per -day, or portion thereof, basis. In the case of
monthly or other long-term average discharge limits, fines shall be assessed for each day, or
portion thereof, during the period of violation.
B. Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional
penalty of 10 percent of the unpaid balance, and interest shall accrue thereafter at a rate of one
percent per month. A lien against the User's real property may be sought for unpaid charges,
fines, and penalties.
13.12.1045 — Emergency suspensions.
The Utilities Division/Department Manager may immediately suspend a User's discharge, after informal
notice to the User, whenever, as reasonably determined by the Utilities Division/Department Manager, such
suspension is necessary to stop an actual or threatened discharge, or cause an imminent or substantial
endangerment to the health or welfare of persons. The Utilities Division/Department Manager may also
immediately suspend a User's discharge, after notice and opportunity to respond, that, as reasonably
determined by the Utilities Division/Department Manager, threatens to interfere with the operation of the
POTW, or which presents, or may present, an endangerment to the environment.
A. Any User notified of a suspension of its discharge shall immediately stop or eliminate its
contribution. In the event of a User's failure to immediately comply voluntarily with the
suspension order, the Utilities Division/Department Manager may take such steps as deemed
necessary, including immediate severance of the sewer connection, to prevent or minimize
damage to the POTW, its receiving stream, or endangerment to any individuals. The Utilities
Division/Department Manager may allow the User to recommence its discharge when the User
has demonstrated to the reasonable satisfaction of the Utilities Division/Department Manager
the period of endangerment has passed, unless the termination proceedings in Section
13.12.1050 of this chapter are initiated against the User.
B. A User that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit, to the Utilities Division/Department Manager, as least five working
days prior to the date of any show cause or termination hearing under Sections 13.12.1025 or
13.12.1050 of this chapter, a detailed written statement, describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence.
Updated December 23, 2020 I Page 37
Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency Suspension under
this Section.
13,12.1050—Termination of discharge.
In addition to the provisions in Section 13.12.550 of this chapter, any User who violates the following
conditions is subject to discharge termination:
A. Violation of industrial wastewater discharge permit conditions;
B. Failure to accurately report the wastewater constituents and characteristics of its discharge;
C. Failure to report significant changes in operations or wastewater volume, constituents, and
characteristics prior to discharge;
D. Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring,
or sampling; or
E. Violation of the Pretreatment Standards set forth in Subdivision 13.12.130.00. of this chapter.
Such User will be notified of the proposed termination of its discharge and be offered an opportunity to
show cause under 13.12.1025 of this chapter why the proposed action should not be taken. Exercise of this
option by the Utilities Division/Department Manager shall not be a bar to, or a prerequisite for, taking any
other action against the User.
13.12.1060 — Injunctive relief.
If the Utilities Division/Department Manager finds a User has violated, or continues to violate, any
provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, then the Utilities Division/Department Manager may petition,
through the City's Attorney, with the City Council's consent and in the name of the City, the Superior Court
of the County of San Luis Obispo for the issuance of a temporary or permanent injunction, as appropriate,
which restrains or compels the specific performance of the industrial wastewater discharge permit, order, or
other requirement imposed by this chapter on activities of the User. The Utilities Division/Department
Manager may, with the City Council's consent, also seek such other action as is appropriate for legal and
equitable relief, including a requirement for the User to conduct environmental remediation. A petition for
injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a User.
3.12.1070 — Remedies nonexclusive.
Enforcement of pretreatment violations will generally be in accordance with the City's enforcement
response plan. However, the Utilities Division/Department Manager may take other action against any User
when the circumstances warrant. Further, the Utilities Division/Department Manager is empowered to take
more than one enforcement action against any noncompliant User.
13.12.1080 - Right to terminate water service.
If any User of the City sewer system fails to meet the requirements set forth in this chapter, then the
Utilities Division/Department Manager shall have the authority to terminate water service or use alternate
actions to protect the sewer system, including the wastewater treatment facilities, employees and
surrounding environment from hazardous discharges, upon 48-hours' written notice, unless imminent public
safety requires more immediate action, as reasonably determined by the Utilities Division/Department
Manager.
Updated December 23, 2020 I Page 38
13.12.1090 - Liability for damages for violation.
Any person violating a provision of this chapter or permit issued hereunder shall be liable for all injuries,
deaths, real or personal property damage and expenses incurred, including but not limited to, city staff time,
including administrative overhead, reasonable attorney's fees and court costs, and fines levied on the city by
any regulatory agency arising from any and all actions taken by the City, any other governmental entity or
that person related to the correction of such violation.
Article XI. — Construction Requirements, Permits, and Fees
13.12.1100 - Connection permit for annexed territory.
Before a permit shall be issued for a sewer connection in any area now outside the City limits which shall
hereafter be annexed to the City, the owner or applicant shall pay to the City for such privilege a sum in
accordance with the Master Fee Schedule.
13.12.1105 - Annexed territory connection Computation of cost.
The sum shall be the equivalent of the cost to similar properties then within the City which have paid for
the facilities so to be used.
13.12.1110 - Annexed territory connection Existing bonds excepted.
The sum shall not include any amounts for which bonds of the City are then outstanding and to which
the property shall become subject upon annexation.
13.12.1115 - Main extensions to new customers other than subdivisions.
Mains will be extended to serve new customers under the following terms and conditions:
A. No main extension will be made by the City except on an approved dedicated street, alley or
recorded easement;
B. Prior to construction of the main, every applicant for sewer service shall enter into a written
form agreement for such extension and shall deposit with the department of public works an
amount equal to ten percent of the estimated cost of the extension, including engineering and
administration. The estimated cost shall be based on the actual size of facilities required to
meet the service demands from that extension, except that six inch pipe shall be the minimum
size considered for general use. If the sewer department desires to install facilities greater than
are needed to meet said service demands, then the cost of the excess size of facilities shall be
borne by the City. The engineering department shall then proceed with plans and specifications
and shall solicit and open bids for the proposed work. On the basis of the approved bid, plus
engineering and administration costs, the department of public works shall inform the applicant
as to the cost of the proposed extension. Upon receipt by the City of an amount which, with the
original deposit, is equal to the cost of the work, the engineering department shall proceed with
the construction of the extension;
In the event that the applicant or applicants fail to deposit the required funds within 60 days
after determination of the cost, the extension will not be made and no refund on the ten
percent deposit will be made, except that where actual costs are less than the amount of such
deposit, the City may refund the unused amount.
Updated December 23, 2020 I Page 39
13.12.1120 - Calculation of sewer main extension charges.
Immediately upon completion of the sewer extension, the Utilities Division/Department Manager shall
prorate the entire cost thereof against all lots or property that may ultimately be benefited by direct
connection to said sewer extension in proportion to the frontage thereof, or if the lots be irregular in shape,
then in such manner as may, in the opinion of the Utilities Division/Department Manager, provide an
equitable distribution of costs. In no case shall any applicant pay an amount less than the prorated cost of
the extension for the length of his frontage as determined in this section. The sewer main extension charges
shall be in addition to the specified service connection charges.
13.12.1125 - Refunds.
A. The original applicant or applicants shall, up to ten years from the date of signing the form
agreement, be entitled to a refund for each connection made to the extension, based on the
prorated cost as determined in Section 16.56.080 for each lot or parcel. The engineering
department may make extensions to the facilities constructed under this subsection without
obligation to applicant and refunds will not be made for services connected to said additional
extensions.
B. No interest shall be paid on or accrue on such deposits for sewer main extensions. Refunds of
the deposit shall be made only if, as and when sewer main extension charges are collected from
other consumers requiring service from this sewer main extension.
13.12.1130 - Main extensions to subdivisions.
Where sewer main extensions are required for subdivisions, it will be the responsibility of the owner or
subdivider to pay the cost for complete installation of all sewer facilities required within the subdivision and
for extension of sewer transmission mains from the subdivision to the nearest existing main of adequate
capacity for the area to be served. Such transmission main shall be subject to all the requirements as set
forth in standard improvement specifications and drawings of the City, and to any and all modifications and
supplements thereto. Upon official acceptance by the City, the City shall assume full ownership,
maintenance and control of such mains.
13.12.1135 - Refunds to subdividers.
A Upon completion of any sewer transmission main to a subdivision as outlined in Section
13.12.113o of this chapter, the subdivider may submit to the Utilities Division/Department
Manager a certified statement showing the actual cost of such extension. If said extension is
larger than six inches in diameter, then the Utilities Division/Department Manager shall adjust
the actual cost to the equivalent of a six -inch -diameter main. He shall then prorate the cost for a
six-inch main against all lots or parcels which in the future may be served by direct connection to
said main. Any and all connections to said main shall be subsectto the charges specified in Section
13.12.110 of this chapter. The City may make extensions to facilities constructed under this
regulation without obligation, and refunds will not be made for services connected to said
additional extension.
B. The subdivider or owner shall, for a period often years from the date of official acceptance of the
subdivision, be eligible for a refund on each connection made to the main extension, as provided
herein.
C. No interest shall be paid on or accrue on any funds subject to such refund. Refunds shall be made
only if, as, and when sewer connection charges are collected by the City.
Updated December 23, 2020 I Page 40
13.12.1140 - Use of existing sewer.
Before a permit is issued for a sewer connection in any areas within the City, which property shall use
any then -existing sewerage facilities of the City for which such property shall not have made full payment of
its share of the cost thereof, the owner or applicant shall pay a sewer availability charge in accordance with
the Master Fee Schedule.
A sewer availability charge is a sum of money required to be paid by any person to buy into the
municipal sewer system.
13.12.1145 - Discharge of storm water, unpolluted drainage and industrial cooling
waters.
Stormwater and all unpolluted drainage shall be discharged to such sewers as are specifically designated
as combined sewers or storm sewers, or to a natural outlet approved by the Utilities Division/Department
Manager. Unpolluted industrial cooling or unpolluted process waters may be discharged, upon approval of
the Utilities Division/Department Manager, to a storm sewer, combined sewer or natural outlet.
13.12.1150 - Federal and state requirements.
Federal and/or state discharge requirements will apply in any case where they are more stringent than
those in this chapter.
13.12.1155 - Sewer charges.
All Users other than single and multiple family residences, trailer parks, motels, business
establishments, schools, churches, fraternal and nonprofit organizations using more than 1,500 cubic feet
per month of sewage, shall be charged on the basis of cubic feet of sewage treated for the installation. Such
quantities of sewage shall be determined by the Utilities Division/Department Manager, based upon the
flow of sewage through a measuring device. Any occupant so charged who may disagree with the Utilities
Division/Department Manager's determination may, at the occupant's own expense, install private
measuring devices in accordance with the specifications approved by the Utilities Division/Department
Manager.
13.12.1160 - Sewer use charges.
All sewer Users including but not limited to single-family and multiple -family residences; trailer parks;
motels; business establishments; schools; churches; public utility and industrial facilities; district, county,
state and federal facilities; fraternal and nonprofit organizations shall pay a sewer use charge in order to
provide funds to supplement the general taxes in financing construction, maintenance and operation of
sewage collection, transport and treatment facilities in and for the City.
13.12.1165 - Collections.
Sewer use charges shall be in addition to the water charges and shall be included in the customer's
bimonthly utility bill. Such charges shall be based upon rates in accordance with the Master Fee Schedule.
13.12.1170 - Collection of past due accounts.
Nothing contained in this chapter shall limit the right of the City to proceed against any customer for
any delinquencies due under Title 13 of this code. Nothing contained in this chapter shall prevent the city
from availing itself of any other legal remedy by which the City might collect such charges, fees, or penalties.
Updated December 23, 2020 I Page 41
13.12.1175 - Discharging sewage onto City lands.
It is unlawful for any person to dump or discharge raw or chemically treated sewage from any source
onto the surface of any lands within the City.
13.12.1180 - Designated sewage dumping places.
Raw or chemically treated sewage from holding tanks and sources other than septic tanks may be
discharged or dumped within the City only at the places owned and/or operated by the City and designated
by the Utilities Division/Department Manager or at such privately owned facilities for which a current
operating permit has been issued as provided in this chapter.
13.12.1185 - Discharge fees.
Each person dumping or discharging raw or chemically treated sewage from sources other than septic
tanks into the facilities of the City shall pay the following fees:
A. House trailers or campers — See Master Fee Schedule;
B. Tank trucks or other commercial carriers — For each vehicle, see Master Fee Schedule for charge
for each Z,000-gallon capacity or fraction thereof, regardless of the actual amount discharged.
13.12.1190 - Commercial facilities.
It is unlawful for any person to discharge or dump raw or chemically treated sewage from commercial
tank trucks or from other commercial sources into any privately -owned or privately -operated facility Each
person discharging or dumping such commercial source shall do so only into the City sewer system with the
prior approval of the Utilities Division/Department Manager.
13.12.1192 - Private facility —Operation.
No owner or operator of any facility for the reception of raw or chemically treated sewage shall permit
any raw or chemically treated sewage to be dumped into such facility until an operating permit for such
facility has been obtained from the Utilities Division/Department Manager as provided for in this chapter
and conspicuously posted near such facility. Upon application to the Utilities Division/Department Manager,
the Utilities Division/Department Manager shall issue, in accordance with the Master Fee Schedule, an
operating permit to the owner of any such privately owned facility upon certification to the Utilities
Division/Department Manager by the building official that such facilities have been constructed in
conformance with the approved plans and specifications of the City. Such operating permit shall be
conditional upon continued operation of such facilities in compliance with the rules, regulations and
directives of the Utilities Division/Department Manager relating to such operation, including maintenance
and cleaning of such facilities. The owner or operator of such facilities shall keep a log of discharger's name,
driver's license number, vehicle type and license number, date and time of discharge. The owner or operator
of the facility shall not permit commercial use of the discharge facility. Any officials of the City shall have the
right of entry into buildings or premises regulated by this chapter in accordance with the provisions of
Section 1.08.010 of this code.
Updated December 23, 2020 I Page 42