Loading...
HomeMy WebLinkAbout2129 ORDINANCE NO. 2129 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, TO ADD A NEW CHAPTER 10 TO ARTICLE VII OF THE ARCADIA MUNICIPAL CODE ESTABLISHING INDUSTRIAL WASTE REGULATIONS AND ASSOCIATED SERVICE FEES WHEREAS, the City of Arcadia ("City") is a municipal corporation organized under the general laws of the State of California, and is authorized under the constitution and laws of Ihe State of California to construct, operate, and maintain a system for the disposal, collection, and treatment of domestic and non-domestic (industrial) wastewater ("Public Sewer System"); and WHEREAS, the Public Sewer System is operated by City pursuant to certain Waste Discharge Requirements and/or National Pollution Discharge Elimination System permits applicable to the Public Sewer System under sections 13263, 13377, and 13523 the California Water Code and the Clean Water Act (33 U.S.c. 1251 et. seq.); and WHEREAS, sections 54739 et. seq. of the California Government Code and the Federal Pretreatment Regulations (40 CFR Part 403) promulgated under the Clean Water Act authorize the City to establish regulations which prevent the introduction of pollutants into the Public Sewer System that may harm or cause interference with its operation or the operation of any publicly owned treatment works, and to prevent the introduction of pollutanls to the Public Sewer System that may not be amenable to treatment and/or may pass through the Public Sewcr System into a natural water course, natural body of water, or the atmosphere; and WHEREAS, the City has studied and reviewed the estimated reasonable costs associaled with administering a regulatory program necessary to effectively achieve the foregoing objectives for the control of pollutants in the Public Sewer System, and determined that certain fees and charges based upon the estimated reasonable costs are necessary; and 2129 1 WHEREAS, section 5471 of the Health and Safety Code and sections 54344 to 54358 of the Government Code authorize the City to prescribe and collect fees and charges for services and facilities furnished by the City in connection with its Public Sewer System; and WHEREAS, the City now seeks to establish uniform regulations and permit requiremenls to control the introduction of pollutants into the Public Sewer System in compliance with requirements placed on the City by local, state, and federal laws, regulations, and standards. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 10 (Industrial Waste Control) is added to Article VII (Public Works) of the Arcadia Municipal Code to read as set forth in Appendix "A", attached hereto and incorporated herein by this reference. SECTION 2. All other ordinances of the City are hereby amended to the extent necessary to make the same conform herewith. SECTION 3. The City Council hereby declares that, should any proVISIOn, section, subsection, paragraph, sentence, phrase or word ofthis ordinance be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this ordinance and as such they shall remain in full force and effect. SECTION 4. The City Clerk shall certify to the adoption of this Ordinancc and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days upon its adoption. 2129 2 Passed, approved and adopted this 19th day of Seotember ,2000. ATTEST: ~~, ~< ~J ~~ . lerk ,,_ \ APPROVED ~S TO'FORM: ~0/~ City Attorney 2129 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE n ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2129 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 19th day of September 2000 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Chang, Segal and Kovacic NOES: Councilmember Marshall ABSENT: None / J 2129 APPENDIX II A" CHAPTER 10 INDUSTRIAL WASTE CONTROL PART 1 GENERAL PROVISIONS 7000. AUTHORIZATION. This Chapter is enacted pursuant to the authorization of Article I, Chapter 5, Division 7, Title I, of the California Government Code sections 54739 et. seq., the Clean Water Act (33 U.S.C. 1251 et. seq.) and the General Pretreatment Regulations (40 C.F.R. 403). 7001. PURPOSE. The purposes of this title are: A. To prevent the introduction of pollutants into the public sewer system which may harm or cause interference with the operation of the public sewer system or any publicly owned treatment works. B. To prevent the introduction of pollutants to the public sewer system which may not be amenable to treatment and/or may pass through the public sewer system into a natural water course, natural body of water, or the atmosphere. 7002. APPLICABILITY. This Chapter shall apply to all industrial discharges to the public sewer system and shall be interpreted in accordance with the definitions set forth in this Part. If any conflicting provisions regulating industrial discharges are contained in any existing City ordinance, the provisions in this Chapter shall control. 7003. TIME LIMITS. Any time limit provided in any written notice or in any provision of this title may be extended only by written approval of the City. 7004. FALSIFYING INFORMATION. No person shall knowingly make false statements, representations, or certifications in any application, record, report, plan, or other document provided to the City or required to be maintained pursuant to this Chapter or a permit, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this Chapter. The reports and other documents required to be submitted or maintained by this title shall be subject to the provisions of 18 U.S.C. section 1001 relating to fraud and false statements, section 309(c)(4) of the Clean Water Act governing false statements, representations, or certifications, and section 309 (c)(6) of the Clean Water Act regarding authorized representatives. 4 7005. VALIDITY. If any section of this Chapter is held invalid, the invalidity of that section shall not affect the validity of any other section of this Chapter. 7006. DEFINITIONS. The following words and phrases, when used in this Chapter shall have the meaning ascribed to them by this Section unless it is apparent from the context that another meaning is intended: (a) "Act" means the Federal Water Pollution Control Act, also known as the Clean Waler Act, as amended, 33 U.S.c. 1251, et seq. (b) "Council" means the City Council of the City of Arcadia, California." (c) "City" means the City of Arcadia. (d) "County Health Officer" means the Director of health services of the County of Los Angeles, or his authorized deputy, agent, representative or inspector. (e) "Deposit" means the injection, dumping, spilling, leaking, or placing of an industrial waste or pollutant placed into or on any land within the boundaries of the City. (f) "Director" means the Director of Public Works Services of the City of Arcadia, or his authorized deputy, agent, representative or inspector. (g) "Discharge" or "indirect discharge" means the introduction of pollutants into the public sewer system or a POTW from any non-domestic source regulated under Section 307(b), (c) or (d) of the Act. (h) "Effluent" means the liquid flowing out of any treatment plant or facility constructed and operated for the partial or complete treatment of wastewater. (i) "EP A" means the United States Environmental Protection Agency. (j) "Industrial building" means any building, structure or works which is, or which is designed to be used for the manufacture, processing or distribution of materials, equipmenl, supplies, food or commodities of any description; or which is used or designed to be used as a school, sanitarium, hospital, penal institution or charitable institution, together with all appurtenances thereto and the surrounding premises under the same ownership or control. (k) "Industrial user" or "user" means a source of a discharge. (1) "Industrial waste" means any and all waste substances, liquid or solid, except domestic wastewater, and includes among other things radioactive wastes and explosive, noxious or toxic gas when present in the wastewater system. 5 (m) "Industrial waste pretreatment facility" means any works or device for the treatment, storage or control of industrial waste within a site prior to disposal. (n) "Interceptor" means a device designed and installed so as to separate and retain deleterious, hazardous or undesirable matter from wastes. (0) "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources: 1. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and 2. Causes a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of wastewater sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including the state regulations contained in any sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, and the Marine Protection, Research and Sanctuaries Act. (P) "National Categorical Pretreatment Standard" or "Pretreatment Standard," means any regulations containing pollutant discharge limits promulgated by the EP A in accordance with sections 307 (b) and (c) of the Clean Water Act which apply to a specific category of user and which appear in Title 40 CFR Chapter I, Subchapter N, Parts 405-471. (q) "New source" means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307( c) ofthe Act applicable to such source. (r) "NPDES permit," means a National Pollution Discharge Elimination System permit issued pursuant to Section 402 of the Act. (s) "Off-site disposal" means the disposal or removal of industrial wastes or other materials regulated by this Chapter to a site other than the premises where the wastes were generated, whether or not such site is under the control of the industrial waste disposal permittee. (t) "On-site disposal" means the management, treatment, control or disposal, other than to the public sewer system, of industrial wastes or other materials within the premises named in an industrial waste disposal permit, whether or not the wastes were generated at the permitted site or by the permittee. (u) "Ordinance" means an ordinance of the City of Arcadia. (v) "Pass through" means a discharge which exits the POTW into the waters of the Unitcd States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation.) 6 (w) "Permit" means an industrial waste discharge permit issued pursuant to Part 3 of this Chapter. (x) "Permittee" means the person to whom a permit has been issued. (y) "Pollutant" means something that causes pollution, including but not limited to dredged spoil solid waste, incinerator residue, wastewater, screenings, sludge, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, and industrial, municipal, agricultural garbage, or any substance regulated under this Chapter. (z) "Pollution of underground or surface waters" means affecting the chemical, physical, biological and radiological integrity of such waters by man-made or man-induced activities. (aa) "Publicly-owned treatment works" or "POTW" means a treatment works as defined by Section 212 of the Act, which is owned by a state or municipality (as defined by Section 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of wastewater. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. For the purpose of this division, "POTW" shall also include any sewers that convey wastewaters to the POTW from outside the municipality by contract. (bb) "Public sewer system" means all facilities owned, controlled or operated by City for the purpose of collecting and conducting wastewater to a POTW for treatment and disposal, including: collector sewers conducting wastewater from the individual laterals serving the originating premises; trunk sewers owned, controlled, or operated by the County of Los Angeles within the boundaries of the City that convey wastewater from tributary collector sewers; and any facilities appurtenant to the foregoing. (cc) "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW or other disposal facility. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by use of an industrial waste treatment facility or other means, except as prohibited by 40CFR Section 403.6(d). (dd) "Rainwater diversion system" means any device designated to prevent the entry of stormwaters into the public sewer system or other waste disposal or treatment systems, and to redirect storm flows to appropriate areas. (ee) "Seepage pit" means an excavation in the ground which receives the discharge of a septic tank, so designed as to permit the effluent from the septic tank to seep through its bottom and sides. (ff) "Sewer disposal" means the disposal of industrial wastes or other materials into the public sewer system by means of a direct connection to the public sewer system from the premises named in an industrial waste disposal permit. 7 (gg) "Sewage pumping plant" means any works or device used to raise wastewater from a lower to a higher level or to overcome friction in a pipeline. (hh) "Standard Industrial Classification" or "SIC" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended. (ii) "Trunk sewer" means a sewer under the jurisdiction of a public entity other than the City of Arcadia. OJ) "Uncontrolled discharge" means any discharge, intentional or accidental, occurring in such a manner that the discharger is unable to determine or regulate the quantity, quality or effects of the discharge. (kk) "Waste disposal facility" means any dump, solid waste disposal site, transfer station, sanitary landfill, land reclamation project, incinerator (except household incinerators and wood refuse to be burned in a suitable furnace), or other similar site or facility which is used or intended to be used for the acceptance for transfer, salvage or disposal of rubbish, garbage or industrial waste, whether liquid or solid. (II) "Wastewater" means any liquid or water-borne pollutants including, but not limited to, domestic waste, non-domestic waste, sanitary waste, or industrial waste. (mm) "Water pollution control plant" means any works or device for treating wastewater except any industrial waste pretreatment facility, and except any private wastewater disposal system covered by the Plumbing Code set out at Title 28 of this code. PART 2 INDUSTRIAL DISCHARGE PROHIBITIONS 7007. DISCHARGE OF OFFENSIVE OR DAMAGING SUBSTANCES PROHIBITED. A person shall not discharge or deposit or cause or suffer to be discharged or deposited at any time or allow the continued existence of a deposit of any material which may create a public nuisance, or menace to the public health or safety, or which may pollute underground or surface waters, or which may cause damage to the public sewer system or any storm-drain channel or public or private property. 7008. DEPOSIT OF CERTAIN SUBSTANCES. PROHIBITED. A person shall not place, throw or deposit, or cause or permit to be placed, thrown or deposited in the public sewer system any dead animal, offal, or garbage, fish, fruit or vegetable waste, or other solid matters, or materials or obstructions of any kind whatever of such nature as shall clog, obstruct or fill the public sewer system, or which shall interfere with or prevent the effective use or operation thereof. A person shall not cause or permit to be deposited or discharged into the public sewer system any water or wastewater, or liquid waste of any kind containing chemicals, greases, oils, tars or other matters in solution or suspension, which may clog, obstruct or fill the same, or which may in any way damage or interfere with or prevent the 8 effective use thereof, or which may necessitate or require frequent repair, cleaning out or flushing of the public sewer system to render the same operative, or which may obstruct or cause an unwarranted increase in the cost of treatment of the wastewater, or which may introduce into a POTW any pollutant(s) which cause pass through or interference. 7009. NATIONAL CATEGORICAL PRETREATMENT STANDARDS. COMPLIANCE REQUIRED. Upon the promulgation of mandatory National Categorical Pretreatment Standards (NCPS) for any industrial subcategory, the NCPS, if more restrictive than limitations imposed by this division, shall apply to all industrial users. The Director may impose a phased compliance schedule to insure that affected industrial users meet the NCPS. Failure to meet the phased compliance schedule may result in permit suspension or revocation as provided in this Chapter. Those dischargers subject to NCPS shall comply with all reporting requirements in accordance with the General Pretreatment Regulations for Existing and New Sources of Pollution (Title 40, Code of Federal Regulations, Part 403). Facilities subject to this division and regulated by joint permits issued in conjunction with other agencies may meet the requirements of this Section as set forth in such joint permit and by furnishing such evidence of compliance as may be required by the Director. 7010. LOCAL PRETREATMENT STANDARDS. The Director may establish uniform minimum standards, and criteria for the application of such standards, for pretreatment of specific industrial waste discharges. The provision of this Section shall not prohibit the Director from requiring additional pretreatment to accomplish the objectives ofthis Chapter. 7011. LOCAL LIMITS ESTABLISHED BY POTW. No person shall introduce or cause to be introduced wastewater to the public sewer system or a POTW that exceeds specific local limits which have been developed by the receiving POTW. Said local limits shall not apply where more restrictive limitations are imposed by permit or National Categorical Pretreatment Standards. 7012. DILUTION PROHIBITED. No person shall discharge or cause to be discharged any water or other substance added for the purpose of diluting any industrial waste to achieve compliance with limitations imposed by the provisions of this Chapter. 7013. TOXIC SUBSTANCES. All toxic chemical substances shall be retained or rendered acceptable before discharge into the public sewer system. 7014. CONTROL OF pH. No person shall discharge acids or alkali materials into the public sewer system until the pH has been controlled to a level not less than 6.0 nor at or higher than a level which the Director finds excessive. No discharge shall have any corrosive or detrimental characteristics that may cause injury to wastewater treatment, inspection or maintenance personnel or may cause damage to structures, equipment or other physical facilities of the public sewer system. 9 7015. TEMPERATURE RESTRICTIONS. A person shall not discharge into the public sewer system effluent exceeding a temperature of 140 degrees Fahrenheit or which will exceed 104 degrees Fahrenheit at the point of entry into the POTW treatment plant. 7016. COOLING WATER. No uncontaminated cooling water shall be discharged into the public sewer system. 7017. GROUND GARBAGE. Garbage resulting from the preparation of food may be discharged into the public sewer system if ground to a fineness sufficient to pass through a three-eighths-inch screen. Excessive or unnecessarily large quantities of water shall not be used to flush ground garbage into the public sewer system. 7018. CONSTRUCTION OF NEW INDUSTRIAL BUILDINGS. INFORMATION REQUIRED. . Every person applying for a permit pursuant to the provisions of the Building Code, for construction of a new industrial building, or for an addition or alteration to an existing industrial building, shall furnish to the Director such plans, information, data, statements or affidavits as the Director may require for determination of the nature and quantity of industrial waste involved and the facilities to be provided for the proper disposal thereof, inlcuding discharges to the public sewer system. 7019. SAME. BUILDING PERMIT ISSUANCE PREREQUISITES. An application for a permit pursuant to the Building Code to construct a new industrial building or for an addition or alteration to an existing industrial building will not be approved until provision has been made for the installation of such pretreatment facilities and disposal methods or both as, in the opinion of the Director, are necessary to carry out the provisions and intent of this Chapter. 7020. RAINWATER DIVERSION SYSTEMS. AUTHORIZED. Stormwater runoff shall not be discharged into the public sewer system unless authorized by the Director. The Director may authorize the installation of a rainwater diversion system in lieu of roofing to prevent the discharge of stormwaters to the public sewer system where roofing is impractical, in conflict with existing laws or regulations, may create a hazardous or unsafe working condition, or may cause undue hardship on the applicant, providing the Director finds that: A. The applicant has applied for an industrial waste discharge permit and has submitted all plans and specifications of the proposed system; B. The system provides for continuous 24-hour protection to the public sewer system; C. The system meets minimum operational and component stand,!rds as may be established pursuant to this Chapter; and - D. Pollution of underground or surface waters, nor damage to any streets, gutters, storm drains, channels or any public or private property will not be caused by the diverted storm flows. 10 PART 3 INDUSTRIAL WASTE DISCHARGE PERMITS 7021. PERMIT REQUIRED. INDUSTRIAL WASTE DEPOSITS OR DISCHARGES. A person shall not maintain a deposit of industrial waste, or discharge or deposit or cause or suffer to be discharged or deposited, except as otherwise provided in this Chapter, any industrial waste or effluent in or upon any incorporated area of the City, the public sewer system, or into streams or bodies of surface or subsurface water, or storm drains, or flood control 'channels, where the same is deposited upon or may be carried through or upon any incorporaled area of the City without first securing, in the manner provided in this Part, a permit from Ihe Director to do so, and at all times having a valid permit therefore, unless otherwise exempted by the provisions of this Part. A separate permit shall be required for each connection discharging industrial wastes to the public sewer system. 7022. MAINTENANCE OF EXISTING, UNUSED FACILITY FOR INDUSTRIAL WASTE DEPOSIT, DISCHARGE, OR STORAGE. A person shall obtain a permit from the Director to maintain an existing but unused facility designed or formerly used for the deposit, discharge or storage of industrial wastes. The annual inspection fee for such permit shall be the same as that for Inspection Fee Class A. 7023. USE OF PUBLIC PROPERTY. PERMIT REQUIRED. Whenever facilities for the discharge of industrial waste connect to structures, or encroach on the property or rights-of-way owned or controlled by a public agency, the Director may either: A. Require that the applicant obtain a property-use permit, license, easement, or other right to use said properties prior to the issuance of a permit to dispose of industrial wasle; or B. Issue such permit subject to the execution of a property-use permit, license, easement, or other right to use said properties. 7024. PERMIT. NOT REQUIRED. No permit shall be required for the disposal of waste which consists only of domestic wastewater into septic tanks, cesspools or seepage pits constructed pursuant to the provisions of the City Plumbing Code. No permit shall be required for discharges resulting from garbage grinders powered by motors of one horsepower or less. 7025. APPLICATION. INFORMATION REQUIRED. Any person requiring a permit under the provisions of this Part shall make written application therefore to the Director, giving such information as the Director may require. The Director may require from the applicant, in addition to the information furnished on the printed form, any additional information including detailed plans and specifications which will enable the Director to determine that the proposed discharge or deposit and plan of operation complies with the provisions ofthis Chapter and other applicable laws and ordinances. A. The Director shall provide printed application forms for the permit required by this Part, indicating thereon the information to be furnished by the applicant. In conjunction therewith, the applicant may be required to furnish the following: 11 1. The name and address of the applicant; 2. The name and address of the discharger; 3. The address or location of the premises where the discharge will take place; 4. The Standard Industrial Classification (SIC) of the discharger; 5. Information with respect to constituents and characteristics of wastewater proposed to be discharged, including but not limited to those referred to in this Chapter. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended, and by laboratories certified by the state of California. In the absence of a state certification process, the Director may certify a laboratory to perform necessary sampling and analysis; 6. Time and duration of the proposed discharge or discharges; 7. Average daily and five-minute peak wastewater flow rates, including daily, monthly and seasonal variation, ifany; 8. Each byproduct waste of the discharges by type, amount and rate of production; 9. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, storm drains, connections and appurtenances by their size, location and elevation; 10. Description of activities, facilities and plant processes on the applicant's premises, including all pollutants which could be discharged; I I. Detailed plans showing pretreatment facilities, sampling facilities, uncontrolled discharge containment facilities, and operating procedures; 12. Identification of the nature and concentration of any pollutant located at the premises of the discharger (and/or applicant if different) if that pollutant is prohibited from discharge under this Chapter, or any proposed discharge which is regulated by any applicable local limit, plus a statement specifying whether the specific limitations set forth in said local limits are being met, and, if not, what operation and maintenance (O&M) or pretreatment is proposed by the discharger to cause compliance; 13. The shortest time scheduled by which the discharger shall provide the necessary additional pretreatment or O&M, if additional pretreatment or O&M will be required to meet the regulations in this Chapter. Any completion date in such a proposed schedule shall not be later than the compliance date established by the applicable regulations. The schedule shall provide for reporting increments in progress in the form of dates for commencement and completion of major events leading to the construction and operation of additional pretreatment necessary for the discharger to meet the applicable regulation (e.g., hiring an engineer, completing preliminary and final plans, executing contract for major components, commencing construction, completing construction); 14. Each product of the discharger by type, amount, and rate of production; 15. Type and amount of raw materials processed by the discharger (average and maximum per day); 16. Number of employees, hours of operation of plant, and hours of operation of the proposed pretreatment system; 17. Copies of any current NPDES permit, South Coast Air Quality Management District permit, Regional Water Quality Control Board permit, fire department business plan, health department license and State Department of Health Services permit for the subject premises; 12 18. The name, business address and motor vehicle driver's license number of the authorized representative; 19. Any other information deemed by the Director to be necessary to evaluate the permit application. The application shall be signed under penalty of perjury by the authorized representative of the discharger. B. The Director may require that an application for a permit to dispose of industrial waste shall be accompanied by suitable plans showing the proposed method of collection, treatment and disposal, and a permit will not be issued until said plans or required modification thereof have been checked and approved by the Director. C. The Director may submit the application or plans, or both, to any department of the City or any other public agency for comment or recommendation. D. For the purpose of this Section, the Director may utilize a joint permit application form under agreement established with the County Sanitation Districts of Los Angeles County. 7026. EXPIRATION OF APPLICATION. An application for an industrial waste disposal permit for which no permit is issued within one hundred and eighty (180) days following the date of application submittal shall expire by limitation. The application and other information submitted may thereafter be returned to the applicant or destroyed. The Director may extend the time for action by the applicant for a period not to exceed one hundred eighty (180) days upon written request by the applicant showing that circumstances directly related to the processing of the application but beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall resubmit all necessary application forms and other data and pay a new application fee and plan review fee. No application shall be extended more than once. 7027. PERMIT. ISSUANCE CONDITIONS. If it appears from the application and supporting information submitted for any permit required by this Part that the proposed disposal, discharge, or storage of industrial waste complies with the provisions of this Chapter and all other applicable laws and ordinances, the Director, upon receipt of the fees hereinafter required, shall issue a permit to the applicant if all the following conditions have been satisfied: A. Sufficient capacity exists in the public sewer system to accommodate the proposed discharge of industrial waste. B. All fees or deposits required by this Chapter have been paid; C. Recommendations and conditions of City departments or other public agencies, as contained in their reports, if any, have been met. The Director may waive this provision except as to the requirements of required by the County Health Officer; D. The material to be discharged or deposited does not or will not, in the opinion of the county health officer, constitute a potential public nuisance or menace to the public health and safety, and will not violate other provisions of the Health and Safety Code of the State of California or of the Act; E. The material to be discharged or deposited does not or will not involve disposal of any toxic materials or chemicals in such manner as to cause pollution of any stream, watercourse, lake, or other body of water, or underground or surface water storage reservoir, either natural or artificial; 13 F. The material to be discharged or deposited does not or will not damage or adversely affect the public sewer system, or any storm drain, channel, or public or private property; G. Under existing circumstances and conditions it is necessary and reasonable so to dispose of such waste matter. 7028. PERMIT CONTENTS. A. The Director may issue a permit containing limitations or conditions, or both, or may modify an existing permit by the addition of or elimination of such conditions and limitations as may be necessary to accomplish the purposes of this Chapter. B. Permits for the discharge of industrial wastes to the public sewer system shall state the maximum permissible rate of discharge. C. The Director may impose a permit expiration date not to exceed a term of five (5) years where the Director determines such a date is necessary to ensure compliance with all applicable laws and regulations governing the disposal of industrial wastes. Application for renewal of such a permit shall be made no later than one hundred and eighty (180) days prior to the expiration date of the existing permit. 7029. GRANT OR DENIAL. NOTICE TO APPLICANT. A. The Director shall either grant or deny a permit within thirty (30) days after all fees, as provided in this Chapter, have been paid and upon the receipt of the application complete with all supplemental data. B. The Director shall immediately notify the applicant whenever he grants a permit, denies a permit, grants a permit subject to special conditions or limitations, or adds to or eliminates any conditions or limitations of an existing permit. 7030. HEARING. TIME LIMIT FOR REQUEST. Within thirty (30) days after receipt of notice of denial of a permit, granting of a permit subject to conditions or limitations, or the addition of conditions or limitations to an existing permit, the applicant or permittee may file with the City Council a written demand for a public hearing. If he does not do so, he shall be deemed to have consented to the action of the Director, and such action shall be final. 7031. NOTICE REQUIREMENTS. Within thirty (30) days after an applicant has requested a public hearing pursuant to this Part, the City Clerk shall give notice of the time and place of the public hearing to the applicant, the Director, and the County Health Officer when matters pertaining to public health are involved, at least ten (10) days in advance of the date set for such hearing. 7032. HEARING. CITY COUNCIL DETERMINATION. After a. public hearing under this Part, at which the applicant is entitled to present evidence, the City Council may take one of the following actions: A. Confirm the action of the Director in denying a permit or issuance of a permit subject to special conditions and limitations; B. Instruct the Director to issue a permit without conditions or limitations, or with such special conditions and limitations as the Council may designate; 14 7033. FAILURE TO OBTAIN PERMIT DEEMED VIOLATION. A person who is required to, but does not have a permit and who has been notified by the Director that he is required to obtain a permit pursuant to the provisions of this Chapter shall immediately submit to the Director an application and fee as required by this Chapter for such permit, and shall rectifY and cure all such violations. Failure to do so shall constitute a willful violation of this Chapter. 7034. CHANGE OF FACTS. NOTIFICATION TO DIRECTOR. Every person having a permit issued pursuant to this Chapter shall within five (5) days notify the Director in writing of any change in any facts which are required to be stated in an application for a permit. . 7035. REVISED PERMIT. APPLICATION REQUIED. A permittee shall submit to the Director an application for a revised industrial waste disposal permit and obtain approval prior to effecting any of the following waste discharge conditions: A. B. C. D. Change in method of disposal; Change in disposal point for non-sewered discharge; Change in discharge volume affecting treatment or storage facilities; or Change in character of the wastewater discharge. 7036. SUCCESSOR-IN-INTEREST. NEW PERMIT REQUIRED. The successor in title or interest of a premises for which a permit has been previously granted, shall file with the Director a new permit application, in accordance with the provisions of this Chapter, within thirty (30) days after assumption of such title or interest, and shall furnish plans and data as may be required by the Director. If it appears from the application and data that the succeeding operation and disposal practices comply with the provisions of this Chapter, the Director, upon receipt of the fees hereinafter required, shall issue a permit. 7037. INTERIM PERMIT. ONGOING DISCHARGE. Upon receipt of an application for a permit for an ongoing discharge, an interim permit may be issued by the Director to allow the continuation of such discharge during the application review period, subject to conditions to be imposed by the Director, where the Director determines that the continuation of such discharge does not appear to be detrimental to the public health and safety. 7038. PERMIT NOT TRANSFERABLE FROM ONE LOCATION TO ANOTHER. Permits issued under this Chapter are not transferable from one location to another, and discharge of wastes shall be made strictly in accordance with all provisions contained in the permit, at the location specifically designated therein. 7039. MONITORING AND SAMPLING. PRENOTIFICATION. Any permittee required by the Director, by permit or otherwise, to engage in periodic . monitoring or sampling of a discharge shall notify the Director by telephone at least forty-eight (48) hours in advance of any monitoring or sampling to be done. Prior to the commencement of any sampling or monitoring, the Director may request that the permittee furnish the Director a 15 split sample and all supporting data. Each permittee shall submit to the Director, certified under penalty of perjury by the permittee, its monitoring and sampling reports or other requested data. 7040. CANCELLATION OF PERMIT. CONDITIONS. A. A person owning or operating premises containing industrial waste treatment or disposal facilities operated under a valid permit issued under the provisions of this Chapter may file a written request with the Director to cancel such permit upon termination of operations. Upon receipt of such a request, the Director shall investigate and cancel the permit if he determines that: 1. 2. prevent further use; 3. All permits to abandon or disconnect, as may be required by the Plumbing Code, have been obtained; 4. Any industrial wastes remaining on the premises have been removed to a legal point of disposal; 5. All fees required by this Chapter due up to the date of request for cancellation have been paid. B. Should the Director deny a request for a permit cancellation, the owner or operator of any facilities required by the permit shall maintain these facilities in good operating condition and pay all fees required by this Chapter to maintain a valid permit. All industrial-waste producing operations have ceased; Any industrial waste treatment facilities have been rendered inoperable to PART 4 ENFORCEMENT 7041. INVESTIGATION OF COMPLAINTS. CORRECTION OF VIOLATIONS. Notwithstanding any exception mentioned in this Chapter, the Director shall promptly investigate every complaint charging violation of any of the provisions of this Chapter, and shall take action to correct any violation discovered. 7042. DEPOSITS CREATING MENACE TO PUBLIC HEALTH. NOTICE. When the Director finds that industrial waste or effluent, or any other material, is being discharged or deposited in such manner as to create a menace to the public health, he may serve notice of violation upon the person owning or operating the premises, describing the conditions, and requiring the prompt correction thereof. 7043. NOTICE OF VIOLATION. A. The Director may serve notice of violation upon the person owning or operating premises describing the conditions and requiring prompt correction thereof, when he finds that: 1. Industrial waste, effluent, or any other material is being maintained, discharged or deposited in such a manner as to create, or if allowed to continue will create, any one or more of the following conditions: a. A public nuisance, b. A menace to the public safety, c. Pollution of underground or surface waters, 16 d. Adverse effect or damage to the public sewer system, or any storm drain, channel, or public or private property; or that: 2. The permittee has failed to conform with conditions or limitations of any permit issued in accordance with this Chapter; 3. The industrial waste disposal permit was issued in error, or on the basis of incorrect information supplied, or in violation of any ordinance, law or regulation. B. Failure to comply with such notice shall constitute a willful violation of this Chapter. 7044. SUSPENSION OF PERMIT. CONDITIONS. When the conditions described in Section 7043 are so aggravated that immediate cessation of operation is necessary and the Director so finds, he shall suspend the permit. He shall serve notice of such suspension on the permittee. The Director may also suspend a permit if objectionable conditions listed in a notice to correct, served in accordance with Section 7043 are not corrected within the time specified in such notice. 7045. SUSPENSION OF PERMIT. NOTICE. The Director shaH immediately notify the permittee of suspension of permit or make a recommendation to the City Council that such permit be revoked, or both. 7046. DISCONTINUANCE OF DISCHARGE OR DEPOSIT REQUIRED. A person whose permit has been suspended or revoked, or who has been notified of violation, as provided in this Chapter, shall immediately discontinue the deposit or discharge of industrial waste, wastewater, or effluent, or use of any described facility, and shall not resume such deposit or discharge, or use of the described facility, until the permit has been modified or reinstated, or both, by the Director or Council as hereinafter provided. Failure so to do shall constitute willful violation of this Chapter. 7047. RIGHTS OF PERMITTEE. NOTICE OF VIOLATION OR SUSPENSION. Within the time specified in the notice of violation or suspension, the permittee shall: A. Correct and remedy the conditions so specified, to the satisfaction of the Director; or B. File with the Council a denial that all of the conditions so specified exist, request a public hearing, and correct the conditions which the permittee admits do exist; or C. File with the Council a denial that any of the conditions so specified exist and request a public hearing. 7048. REINSTATEMENT OF SUSPENDED PERMIT. The Director shall reinstate a suspended permit when all violations are corrected and all fees required by this Chapter have been paid. 7049. NOTICE REQUIREMENTS. Within thirty (30) days after a permittee has requested a public hearing pursuant to this Part, the City Clerk shall give notice of the time and place of the public hearing to the permittee, the Director, and the County Health Officer when matters pertaining to public health are involved, at least ten (10) days in advance of the date set for such hearing. 17 7050. HEARING BY CITY COUNCIL. After a public hearing under this Part, at which the permittee may present evidence, the City Council may take any of the following actions: A. Continue the suspension of the permit pending correction of objectionable conditions by the permittee; B. Reinstate the permit conditioned upon the correction of objectionable conditions by the permittee within a specific time; C. Deny that objectionable conditions exist and reinstate the suspended permit; D. Revoke the suspended permit on any of the following grounds: I. Failure of the permittee to correct conditions as required by the Director, 2. Conditions which would justify the denial of a permit, 3. Fraud or deceit was employed in the obtaining of a permit, 4. Any other violation of this Chapter or of any permit, license, or exception granted hereunder. 7051. DISCONNECTION FOLLOWING PERMIT REVOCATIONS. If a permit is revoked, the Director may disconnect from the public sewer system any connection for the discharge of industrial waste that was connected to the public sewer system pursuant to such permit. 7052. PUBLIC NOTIFICATION OF SIGNIFICANT VIOLATIONS. At least annually, the Director may provide public notification, in the largest daily newspaper published in the municipality in which a POTW is located, of industrial users of the POTW which, during the previous twelve (12) months, were significantly violating applicable pretreatment standards or other pretreatment requirements, as provided in 40 CFR 403.8. The Director need not provide such notification if a notice meeting all applicable EP A requirements has been published by the POTW operator. The cost of such public notification shall be collected by the Director from the discharger causing such violation and/or notification. PART 5. FEES AND CHARGES 7053. INDUSTRIAL WASTE AND DISPOSAL PERMIT. APPLICATION FEE. SCHEDULE. The Director shall collect a permit application fee, as set and established by resolution of the City Council, for each industrial waste disposal permit application received. Such fee shall be separate and apart from any fee or deposit collected for industrial waste plan review or imposed under provisions of the Plumbing Code, or other City ordinance or regulation, or by reason of any license, agreement or contract between the applicant and other public agency. Such application fee shall not be refundable. 7054. INDUSTRIAL WASTE PLAN REVIEW. FEE SCHEDULE. The Director shall collect a plan review fee, as set and established by resolution of the board, for each set of plans received for any single site or location. Such fee shall be separate and apart from any fee or deposit collected for any permit or inspection or imposed by any other City ordinance or regulation. Such plan review fee shall be applied to any submittal required by the 18 Director pursuant to this Chapter and shall not be refundable even though the submittal is rejected or the project terminated. 7055. ANNUAL INSPECTION FEE. SCHEDULING AND BILLING. For each industrial waste disposal permit issued by the Director, an annual inspection fee as established and determined by the City Council, shall be due and payable to the Director annually, in advance, on a billing date to be determined by the Director. 7056. CLASSES OF BUSINESSES, PROCESSES AND INDUSTRIES FOR PLAN REVIEW AND INSPECTION FEE. Plan review arid inspection classes shall be established by resolution of the City Council. The classes for any business, process, industry or residential use not specifically established by the City Council shall be determined by the Director using the City Council's class determinations as a guide. 7057. WASTEWATER SAMPLING AND ANALYSIS FEE. The Director may charge the discharger a fee as established by resolution of the City Council for each analysis performed by or on behalf ofthe Director on wastewater samples taken from the discharger. 7058. SAME. ANNUAL INSPECTION FEES AND MISCELLANEOUS SERVICE FEE. PA Yl\1ENT TIME. PENALTIES FOR DELINQUENCY. All inspection fees, wastewater sampling and analysis fees, and applicable miscellaneous fees required by this Part shall be due and payable by the due date indicated on any invoices issued. Fees not paid within thirty (30) calendar days from the billing date shall be considered delinquent. Delinquent fees shall be subject to a penalty fee as established by resolution of the board. Permits for which the inspection fee is delinquent for ninety (90) days or more are subject to suspension as provided for in this Chapter. PART 6. INDUSTRIAL WASTE PRETREATMENT. 7059. INSTALLATION REQUIRED. Industrial waste pretreatment facilities shall be installed whenever the Director finds as a fact that such facilities are required to safeguard the public health; prevent pollution of streams or bodies of surface or underground water; prevent pollution of water wells or storage reservoirs, either natural or artificial; prevent damage or increased maintenance costs in the public sewer system; prevent damage to public or private property; prevent a public nuisance; or to comply with applicable regulations of any other public agency. 7060. PRETREA TMENT. STANDARDS AND CRITERIA. The Director may establish uniform minimum standards and criteria for the application of such standards for pretreatment of specific industrial waste discharges. The provisions of this section shall not prohibit the Director from requiring additional pretreatment to accomplish the objectives of this Chapter. 19 7061. FACILITIES REQUIRED. Installation of industrial waste treatment facilities may not be required if the Director determines that: A. The industrial waste is prohibited from being discharge to the public sewer system by this Chapter or other applicable ordinances or regulations; B. The affected industry has guaranteed to separately dispose of any objectionable waste to legal points of disposal; C. Adequate facilities are to be provided for the collection and containment of the prohibited industrial wastes, and that provisions have been made to prevent intentional or accidental discharge of such wastes to the public sewer system, ground surface, surface or underground water supplies, rivers, channels, storm drains, public streets or gutters; D. An application for industrial waste disposal permit has been filed in accordance with this Chapter; and E. All fees required by this Chapter have been paid. 7062. INSTALLATION. ACCESS OF INSPECTION AND MAINTENANCE. Interceptors or other industrial waste pretreatment facilities shall be so installed and constructed that they shall be at all times easily accessible for inspection and maintenance. 7063. SEPARATION OF DOMESTIC AND INDUSTRIAL WASTES. All domestic wastes from restrooms, showers, drinking fountains, etc., shall be kept separate from all industrial wastes until the industrial wastes have passed through any required industrial waste pretreatment facilities. 7064. OPERATION AND MAINTENANCE. All industrial waste pretreatment facilities or water pollution control plants, and all appurtenances thereto, under jurisdiction of this Part shall be maintained, by the owner or person having jurisdiction of the property affected, in good operating condition and in a safe and sanitary condition at all times. All devices and safeguards which are required by this Part for the operation thereof, and all records of such operation, shall be maintained in good order. 7065. INSPECTION AND TESTING. The Director may make tests of industrial wastes, periodic inspections of water pollution control plants and industrial waste pretreatment facilities to determine whether such treatment plants or facilities are maintained in accordance with the requirements of this Part. The Director may also make periodic tests on samples of wastewater, industrial waste or effluents obtained at the point of discharge or deposit to determine whether such discharges or deposits are made in accordance with the provisions of this Chapter. 7066. RIGHT OF ENTRY FOR INSPECTION AUTHORIZED. A. The Director shall be permitted at all reasonable hours to inspect water pollution control plants and industrial waste pretreatment facilities, and to enter and inspect the place, enclosure or structure where industrial wastes or effluent are discharged or deposited. B.' A person shall not refuse to permit, and shall not hinder or obstruct in any way, any reasonable inspection or investigation by the Director of such industrial waste pretreatment facilities or any industrial waste deposits, discharges, or effluent. 20 7067. TEST MANHOLES OR OTHER STRUCTURES. The Director may require the installation of a test manhole or other structure through which all industrial waste shall pass. Said structure shall be so designed that flows may be measured and samples readily obtained therefrom. 21