CITY OF SAN MATEO

ORDINANCE NO. 2003-7

AMENDING SECTION 7.38 TO THE SAN MATEO MUNICIPAL CODE

SANITARY SEWER USE RULES & REGULATIONS The Council of the City of San Mateo, California, ordains as follows: Section 1. Chapter 7.38 of the San Mateo Municipal Code is amended to read as follows:

CHAPTER 7.38 SANITARY SEWER USE

7.38.010 Title 7.38.020 Purpose 7.38.030 Definitions 7.38.040 Responsibility for Administration 7.38.050 Construction and Application 7.38.060 Fees and Charges 7.38.070 Severability and Validity 7.38.080 Approval of Plans for Sewerage Construction 7.38.090 Construction Requirements 7.38.100 Pretreatment System Guidelines 7.38.110 General Prohibited Discharges 7.38.120 Specific Prohibited Discharges 7.38.130 Limitations on Point of Discharge 7.38.140 Prohibition Against Dilution 7.38.150 Discharge of Groundwater 7.38.160 Requirements for Food Service Facilities 7.38.170 Operation and Maintenance of Pretreatment Systems 7.38.180 Damage to Facilities 7.38.190 Additional Pretreatment Requirements 7.38.200 Authorization to Discharge 7.38.210 Waste Discharge Permits 7.38.220 Waste Discharge Permit Procedure 7.38.230 Signatory Requirements 7.38.240 Permit Terms, Conditions, and Requirements 7.38.250 Permit Duration and Transferability 7.38.260 Permit Classification 7.38.270 Permit Modification, Suspension, or Revocation 7.38.280 Notification of Hazardous Waste Discharge 7.38.290 Compliance Schedules and Progress Reports 7.38.300 Periodic Compliance Reports

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7.38.310 Changed Discharge Notification 7.38.320 Notification of Spills 7.38.330 Sampling and Testing Protocols 7.38.340 Record Keeping Requirements 7.38.350 Authority to Inspect and Monitor 7.38.360 Self Monitoring Requirements 7.38.370 Confidential Information 7.38.380 Spill Control and Prevention 7.38.390 Best Management Practices 7.38.400 Employee Training Requirements 7.38.410 Appeals and Hearing Procedure 7.38.420 Public Notification of Significant Noncompliance 7.38.430 Access to Sanitary Sewer System 7.38.440 Compliance with Chapter 7.38.450 Remedies Nonexclusive 7.38.460 Administrative Remedies 7.38.470 Violations Deemed a Public Nuisance 7.38.480 Civil Penalties 7.38.490 Criminal Penalties 7.38.500 California Code of Civil Procedures Section 1094.6 7.38.510 Emergency Termination of Service 7.38.010. TITLE. This Chapter shall be known as the "City of San Mateo Sanitary Sewer Use Ordinance" and may be so cited. 7.38.020. PURPOSE. (a) This Chapter sets forth uniform requirements for users of the wastewater collection, treatment, and disposal facilities operated and administered by the City of San Mateo (City) and Estero Municipal Improvement District (District), and enable the City and District to comply with all applicable Federal and State laws, including the Clean Water Act (33 United States Code 1251 et seq.), the General Pretreatment Regulations (Code of Federal Regulations (CFR) Title 40 Part 403), and waste discharge requirements of the California Regional Water Quality Control Board for the San Francisco Bay Region. (b) The specific purpose of this Chapter is to prevent the discharge of any pollutant into the sanitary sewer system, which would 1) obstruct or damage the collection system; 2) interfere with, inhibit or disrupt wastewater treatment processes or operations, or limit sludge reuse or disposal options; 3) pass through the treatment system and contribute to violations of the regulatory requirements placed upon the City of San Mateo Wastewater Treatment Plant (WWTP); or 4) result in or threaten harm to human health or the environment. It is the intent of the City and District to update and modify this Chapter as needed to continue to provide an industrial waste pretreatment program that is approved by federal and state regulatory agencies.


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7.38.030. DEFINITIONS. The following words and phrases used in this Chapter shall be as defined herein. Words, terms and phrases used in this Chapter not defined shall be as defined, interpreted or used in the Pretreatment Regulations. Terminology for analytical testing shall be that contained in “Guidelines Establishing Test Procedures for the Analysis of Pollutants,” published in Title 40 CFR, Part 136. “Authorized enforcement official” means the City or District Manager or his/her designees that is/are authorized to enforce the provisions of this Chapter. “Authorized representative of the user” means (1) A principal executive officer of at least the level of vice president, if the user is a corporation; (2) A general partner or proprietor if the user is a partnership or proprietorship, respectively; (3) If the user is a Federal, State, or local governmental facility; a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility; or (4) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates, or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Director. “Best management practices ("BMPs")” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to "waters of the United States." BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. “City” means City of San Mateo “Composite sample” means a sequential collection of equal volume grab samples obtained from a single source of specified time intervals and combined in a single container. A composite sample may also be collected in increments with individual sample volumes determined in proportion to measured flow at the time of each sampling, or samples taken at given individual flow increments. “Director” means the City of San Mateo Director of Public Works or his/her designee. “District” means Estero Municipal Improvement District. “Domestic waste” means the liquid and waterborne wastes derived from ordinary living processes, free from industrial wastes and of such character as to permit satisfactory disposal, without special treatment, into the sanitary sewer system. “Food service facility” means a commercial, industrial, or institutional establishment that uses or generates grease when preparing food. Any such facility that has a cook-top or baking oven on the premises shall be subject to pretreatment requirements for food service facilities.


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“Grab sample” means a sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes. “Grease” means fats, oils, waxes, and other constituents. Grease may be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils, and fats in meats, cereals, seeds, nuts and certain fruits. Grease may also be of mineral origin, including kerosene, lubricating oil, and road oil. Grease in the wastewater collection system is generally present as, but need not be, a floatable solid, a liquid, a colloid, an emulsion, or a solution. “Hazardous material” or “hazardous waste” means any material, substance, or waste so designated by statutes of the state of California or the United States government. “Industrial waste” means the gaseous, liquid, and solid waste from any production, manufacturing or processing operation of whatever nature from commercial, industrial, or institutional operations, including the washing of vehicles, machines, and equipment. “Instantaneous maximum” means the highest concentration or other measure of pollutant magnitude taken at any discrete point in time. “Interceptor” means a receptacle designed and constructed to intercept, separate, and prevent the passage of prohibited substances into the sanitary sewer system. “Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the sanitary sewer system, wastewater treatment system processes or operations, or sludge processes, use or disposal, and therefore, causes a violation of the POTW’s National Pollutant Discharge Elimination System (NPDES) permit or prevents sewage sludge use or disposal in compliance with any of the following statutory or regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA); any State regulations contained in any State sludge management plan prepared pursuant to SWDA Subtitle D; the Clean Air Act (CAA); the Toxic Substances Control Act (TSCA); and the Marine Protection, Research and Sanctuaries Act. “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 effective date of this Chapter, or after publication of proposed pretreatment standards under Section 307(c) of the Clean Water Act which will be applicable to such source if such standards are promulgated, provided certain location and construction criteria are met. “Nuisance” means anything that meets all of the following requirements: (1) Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life and property; (2) affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal;


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(3) occurs during or as a result of the treatment or disposal of wastes. “Pass through” means a discharge through the POTW into the 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 the NPDES permit. “Person” means any individual, partnership, firm, association, or public agency. “Point of discharge” means the point or points designated as such in a waste discharge permit. Where no designation is made it shall mean the point where the private sewer joins the public sewer. “Pollutant” means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharge into water. “Pollution” means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the sanitary sewer system. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except as prohibited by 40 CFR Section 403.6(d). “Pretreatment requirements” means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. “Pretreatment standard” or “National pretreatment standard” means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Clean Water Act (33 U.S.C. 1317) which apply to industrial users. Such standards include specific prohibitions, categorical pretreatment standards, and local prohibitive discharge limits as defined in 40 CFR 403-471 and its amendments. “Pretreatment system” means a device or devices, process or processes, and/or procedures designed to pretreat industrial wastes prior to discharge to the sanitary sewer system. “Priority organic toxic pollutant” means any pollutant or combination of pollutants that contain(s) carbon in its molecular structure and is listed in 40 CFR 401.15 and its amendments. “Prohibited discharges” means industrial wastes containing characteristics which are in noncompliance with the general and specific prohibited discharge standards stated in the Pretreatment Regulations and this Chapter. “Publicly owned treatment works” or “POTW”. A treatment works as defined by Section 212 of the Clean Water Act (33 U.S.C. 1292), which, in this instance, is the City of San Mateo Wastewater Treatment Plant, and all publicly owned devices or systems used in the conveyance, storage, treatment, reclamation, and disposal of wastewater.


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“Sewage” or “wastewater” means water carried domestic and/or industrial wastes from residences and commercial, industrial, and institutional establishments, together with such groundwater, surface water, and stormwater as may enter the sanitary sewer system. “Sewer” or “sanitary sewer” means sewers, lift stations, and other appurtenances designed for conveyance of sewage, and further defined as follows: (1) "Building sewer" means a sewer conveying wastewater from the premises of a user to a public sewer; (2) "Public sewer" means a sewer that is controlled by the City, District or other public agency; (3) "Sanitary sewer" means a sewer designed for conveyance of domestic, commercial and industrial waste and which are not intended for conveyance of stormwater, surface water or groundwater. (4) "Lateral sewer" means a sewer conveying the wastewater of a discharge from a residence, building or other structure to a public sewer, including direct connections where permitted. “Significant Industrial User” means (1) A categorical industrial user, as defined in the Federal Pretreatment Regulations; (2) Discharges an average of twenty-five thousand (25,000) gallons per day (gpd) or more of process wastewater; (3) Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the WWTP; or (4) Is designated as such by the Director on the basis that the user has a reasonable potential to adversely affect the operation of the WWTP or agency sanitary sewer systems or to violate any pretreatment standard or requirement. “Significant noncompliance” for the purpose of complying with public participation provisions in the Federal Pretreatment Regulations and this Chapter, means: (1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter; (2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TS, fats, oil, and grease, and 1.2 for all other pollutants except pH). (3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the Director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of agency personnel or the general public);


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(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the exercise of the Director's emergency authority as provided in this Chapter; (5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a waste discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; (6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (7) Failure to accurately report non-compliance; (8) Any other violation or group of violations that the Director determines will adversely affect the operation or implementation of the pretreatment program. “Slug Discharge” means a batch discharge or other discharge of limited duration at a flow rate or pollutant concentration that could cause a violation of the prohibited discharge standards specified in this Chapter. “Storm water” means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation. “Storm drain” or “storm drain system” means the system of pipes and channels used to collect and convey storm water. “User” or “Industrial user” means any person who discharges, causes, or permits the discharge of industrial or domestic waste into a sanitary sewer, or has potential to discharge an industrial or domestic waste from its premises. “Toxic pollutant” means any pollutant or combination of pollutants listed as toxic in regulations promulgated under provisions of Clean Water Act, and published in 40 CFR 401.15 and its amendments. “Trucked or hauled waste” means any waste which is transported or otherwise moved from the original point of generation. Such wastes may include, but are not limited to, trucked grease interceptor pumpage; pumpage from chemical toilets, recreational vehicles, or septic tanks; purge water from polluted site monitoring wells; and industrial process wastes. “Wastewater” or “sewage” means water carried domestic and/or industrial wastes from residences and commercial, industrial, and institutional establishments, together with such groundwater, surface water, and stormwater as may enter the sanitary sewer system. “Wastewater treatment plant”, or “WWTP”, means the City of San Mateo Wastewater Treatment Plant. 7.38.040. RESPONSIBILITY FOR ADMINISTRATION. The City of San Mateo Director of Public Works, referred to hereinafter as the "Director", shall be responsible for the administration and enforcement of the provisions of this Chapter, for conducting industrial waste pretreatment and pollution prevention programs, and for promulgating such orders, rules and regulations as are necessary to accomplish the purpose of this article in accordance with the requirements that are or may be promulgated by the U.S. Environmental Protection Agency (U.S.E.P.A.), the State of California Water Resources Control


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Board, the State Department of Health Services, the California Regional Water Quality Control Board for the San Francisco Bay Region, or other duly authorized boards or agencies. 7.38.050. CONSTRUCTION AND APPLICATION. This Chapter is designed and intended to be no less stringent than the U.S.E.P.A. “General Pretreatment Regulations for Existing and New Sources of Pollution” published in 40 CFR Part 403, as applicable, and as such regulations may be amended from time to time (hereinafter the “Pretreatment Regulations”). In the event of any apparent conflicts between the requirements established in this Chapter and the Federal Pretreatment Regulations, the more stringent requirement shall apply. 7.38.060. FEES AND CHARGES. (a) The City or District may adopt reasonable fees and charges to recover costs of carrying out the provisions of this Chapter, including, but not limited to, fees and charges for waste discharge permit applications and permits, monitoring and inspection, pollutant loading, hydraulic loading, compliance actions, filing of appeals, special uses, and other charges deemed necessary to carry out the requirements herein. Said fees shall relate solely to the matters covered by this Chapter and are separate from all other fees, charges, fines, and penalties which may be levied by the City or District. (b) All such fees and charges shall be adopted by resolution or other means as approved by the City or District, as applicable. The Director shall be responsible for collection of said fees and charges. 7.38.070. SEVERABILITY AND VALIDITY. If any portion of this Chapter is declared invalid, the remaining portions of this Chapter shall remain valid. 7.38.080. APPROVAL OF PLANS FOR SEWER CONSTRUCTION. No person, other than employees of the City or District, or persons contracted to do work for the City or District, shall construct or cause to be constructed, or alter or cause to be altered, any building sewer, sanitary sewer, public sewer, side sewer, or other facility where the existing or proposed facilities will discharge directly or indirectly into the sanitary sewer without first obtaining approval of sewerage construction plans from the City or District. 7.38.090. CONSTRUCTION REQUIREMENTS. Where required by the Director, the owner of a newly constructed commercial or industrial building or portion thereof for which a building permit is issued subsequent to the effective date of this Chapter shall cause to be constructed and maintained, the following facilities. Such new sources shall be in full compliance with the provisions of this Chapter at the time of commencement of discharge. For the purposes of this section only, the term “new” shall mean and apply to all of the following: newly constructed buildings, building additions that require plumbing for industrial waste; and remodeling of existing buildings to


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accommodate new equipment, expansion of or change to a use that requires plumbing for industrial waste. (a) Industrial waste shall be separated from domestic waste by means of separate plumbing prior to a point determined acceptable for location of industrial waste pretreatment and/or monitoring equipment. (b) One or more outside manholes, access boxes, cleanouts, junction chambers, flow metering devices or other sampling and measuring points shall be installed which will allow separate inspection, sampling and flow measurement of industrial waste discharges. Access points shall be so located that they are safe and accessible for inspection at any reasonable time during which the discharge is occurring. (c) Pretreatment systems shall be installed as needed to comply with all applicable federal and local pretreatment standards and requirements. (d) Floor drains may not be placed in areas where hazardous materials, hazardous wastes, industrial wastes, industrial process water, lubricating fluids, or vehicle fluids are used or stored, unless secondary containment is provided for all such materials and equipment. The Director may allow an exception to this requirement when a drain is connected to a pretreatment system approved by the Director, or, if in an industrial equipment area, the equipment does not contain hazardous waste. (e) Exterior (outdoor) drains may be connected to the sanitary sewer only if the area in which the drain is located is covered or protected from rainwater run-on by berms and/or grading, and appropriate wastewater pretreatment is provided. Any loading dock area or other outdoor work area with a sewer drain shall be constructed and operated so as to prevent entry of rainwater to the sewer. (f) Interior drains shall always be connected to the sanitary sewer, except where the purpose of the drain is to collect groundwater for discharge to the storm drainage system. (g) Cooling tower blowdown and boiler blowdown shall discharge to the sanitary sewer system only and shall not discharge to the storm drain system. (h) Air conditioning condensate may be discharged to the sanitary sewer or to permeable earth. (i) Compressed air system condensate drains and similar sources of potential oily waste shall discharge only to the sanitary sewer and through a device to remove the oily waste prior to discharge. (j) Drains shall not be installed in secondary containment areas used for storage of hazardous materials or hazardous wastes. (k) Swimming pool backwash drains shall discharge only to the sanitary sewer. Pool drains may be connected indirectly to the sanitary sewer system, and shall not be connected, directly or indirectly, to the storm drain system. (l) Facilities shall dispose of all wastewater to the sanitary sewer, including, but not limited to, wastewater generated from floor cleaning, equipment washing, waste storage area cleaning, and similar sources. Facilities should anticipate washing needs and construct facilities to accommodate such needs.


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(m) Users who generate dental amalgam wastes containing silver or mercury shall install amalgam traps on all equipment that might carry amalgam waste to the sanitary sewer system. (n) Elevator sumps shall not be connected directly or indirectly to the sanitary sewer system or to the storm drain system. Detailed plans describing such facilities and their upkeep shall be submitted to the Director for review and shall be approved 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 assure the discharge maintains compliance with this Chapter. 7.38.100. PRETREATMENT REQUIREMENTS. Users who wish to discharge industrial waste shall meet or exceed the following minimum pretreatment system requirements established by the Director for discharge of industrial wastes from the following facilities and industrial activities. This section is intended to meet or exceed, but not conflict with, provisions of the latest version of the Uniform Plumbing Code (UPC) adopted for use by the City or District. The Director will consider any type of pretreatment system that meets or exceeds the level of treatment provided by the following pretreatment systems. The Director shall approve final sizing. (a) Food service facilities shall have a pretreatment system for grease removal designed to serve all drains that may discharge grease into the sewer, including floor drains. Such device shall be sized based on the estimated number of meals per peak hour formula provided in the UPC. Where available outdoor space renders outdoor placement of an interceptor infeasible, individual fixture grease traps may be used, with a minimum size rating of forty (40) pounds grease retention capacity (20 gallons per minute) per fixture. The Director may require a grease interceptor or trap size that exceeds minimum requirements of the UPC. (b) Automated drive-through vehicle washing facilities shall have a multiple compartment interceptor and water recycling system. A self-serve car wash shall have, at minimum, a two-compartment sand interceptor. A vehicle repair or body shop or other business that conducts incidental vehicle washing shall have a two compartment interceptor or other approved method of capturing floatable and settleable matter. (c) Vehicle service bays, machine shops, and similar facilities with floor drains that conduct repair activities where petroleum oils, lubricants, and similar products are present shall have the floor drain system connected to a sand/oil interceptor. (d) Facilities that conduct steam cleaning of engines, chassis, and other oily parts; and radiator flushing shall install closed-loop water recycling and reuse systems, and shall not discharge to the sewer system. (e) Photo-processing facilities. Photo-process waste shall be discharged through an electrolytic recovery unit followed by two ion exchange cartridges in series and pH neutralization block, or equivalent.


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(f) Dental Clinics. Dental Clinics and other facilities that generate dental amalgam wastes shall have devices for capture of amalgam on equipment that might carry amalgam waste to the sanitary sewer system. (g) Solvent bearing or metals bearing waste streams. Wastewater containing levels of organic solvents or metals that may exceed discharge requirements shall install pretreatment technology designed to consistently meet discharge requirements. (h) The Director may establish minimum pretreatment system requirements not specifically referred to in this section. Such requirements shall be based upon commonly used and properly maintained pretreatment technologies for a given waste. 7.38.110. GENERAL DISCHARGE PROHIBITIONS. No person shall discharge wastewater into the sanitary sewer system having characteristics that by themselves or by interaction with other wastes may: (a) Interfere with, inhibit, damage or disrupt any wastewater conveyance or treatment process, sludge treatment process, or plant operation, including inflation of operating costs, and sludge reuse and disposal costs; (b) Pass through the WWTP into receiving waters or sludge in such manner to cause NPDES permit violations or any other regulatory requirement; (c) Endanger the health and safety of the general public or City and District personnel who may be affected by wastewater, sludge, and confined atmospheres in the course of their work;

(d) Prevent, hinder, delay, or impede compliance with WWTP effluent limitations established by regulatory agencies, or exceed the same. 7.38.120. SPECIFIC DISCHARGE PROHIBITIONS. (a) Categorical pretreatment standards. The categorical pretreatment standards provided in the pretreatment regulations shall apply to all applicable sources. Nothing in this Chapter shall be construed as allowing less stringent limitations. (b) Local limits. Local limits for toxic pollutants shall be developed by the Director to protect the POTW from interference, pass-through, and the other General Discharge Prohibitions. (c) Explosives. No solids, liquids, or gases shall be discharged which by themselves or by interaction with other substances may cause a fire or explosion hazard including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees F. (60 C). Neither shall any substance be discharged which causes two readings on an explosion hazard meter of more than five (5) percent of the lower explosive limit, or any single reading over ten (10) percent of the lower explosive limit (d) Corrosives. Discharges with a pH of less than 5.0 or more than 10.5, or other discharges which may cause corrosive structural damage to the sanitary sewer system, are prohibited. (e) Solids or Viscous Materials. No solid or viscous materials shall be discharged in amounts which will cause or contribute to obstruction of flow in the sanitary sewer system. Such materials include, but are not limited to,


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sand, glass, metal chips, bone, plastics, sludge, mud, straw, wood, bags, rags, grease from commercial kitchen operations, and particulate matter which cannot pass through a one-half inch screen. (f) Incompatible substances. No person shall discharge pollutants, including oxygen-demanding pollutants (BOD, etc.), at a flow rate and/or pollutant concentration that, either singly or by interaction with other pollutants, will cause interference with wastewater treatment processes; (g) Heat. No waste shall be discharged in amounts that will inhibit POTW treatment processes resulting in interference; including heat in such quantities that the temperature at the POTW exceeds 40 degrees C. (140 degrees F.). (h) Oil and grease. Oil and grease shall not be discharged into the sewer system if average concentration of floatable oil and grease exceeds 20 mg/L, (defined as that which is subject to gravity separation at a temperature of 20 degrees C. and at pH 4.5; nor shall the total oil and grease concentration exceed 200 mg/L. In addition, the discharge of petroleum oil, non-biodegradable cutting oil, or products of mineral origin in amounts that will cause interfere and pass-through, are prohibited. (I) Hazardous, noxious or malodorous substances. No industrial waste shall be discharged which alone or in combination with other wastes may create a public nuisance, a hazard, make human entry into the sewers unsafe, or which constitutes a discharge of hazardous substances as defined by Title 22, Part II of the California Code of Regulations; or statutes of the United States government. Dissolved sulfides shall not be discharged in concentrations exceeding 0.1 mg/liter. (j) Trucked or hauled wastes. Discharge of trucked or hauled waste is prohibited, except as expressly authorized in a waste discharge permit. The permit shall specify the exact point of discharge of the waste. (k) Toxicity. No person shall discharge wastewater containing in excess of the following limitations at point of discharge. All concentrations are for "total", not "dissolved": Pollutant Instantaneous Maximum Arsenic 0.1 mg/Liter Cadmium 0.2 mg/Liter Chromium total 0.5 mg/Liter Copper 2.0 mg/Liter Cyanide 1.0 mg/Liter Lead 1.0 mg/Liter Mercury 0.01 mg/Liter Nickel 1.0 mg/Liter Silver 0.2 mg/Liter Zinc 3.0 mg/Liter (l) Color. Discharge of wastewater which imparts color which cannot be removed by the wastewater treatment processes, such as, but not limited to, dye wastes and vegetable tanning solutions, is prohibited.


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(m) Radiologic substances. Discharge of any radioactive wastes into the sewer system shall conform to the California Radiation Control Regulations Title 17, California Code of Regulations, Chapter 5, Subchapter 4, and its amendments. (n) Foaming agents. Detergents, surfactants, or other substances that may cause excessive foaming in the sewer system are prohibited. (o) Unpolluted water. Unpolluted water shall not be discharged through direct or indirect connection to the sanitary sewer system without authorization of the Director. As used in this section, unpolluted water shall include stormwater from roofs, yards, foundation or under-drainage, which meets all state and federal requirements for discharge to surface waters of the United States. 7.38.130. LIMITATIONS ON POINT OF DISCHARGE. (a) No person shall discharge any substance directly into a manhole or other opening in the sanitary sewer system, other than through an approved building sewer, or other location approved by the Director of Public Works. (b) No person shall discharge or cause to be discharged any domestic or industrial waste into any storm drainage system, surface waters, land or appurtenance not authorized by federal, state, or local authorities for treatment, handling or disposal of such wastes. 7.38.140. PROHIBITION AGAINST DILUTION. Except where expressly authorized to do so by an applicable pretreatment standard, no user shall increase the use of process water, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with pretreatment standards or pretreatment requirements. 7.38.150. DISCHARGE OF GROUNDWATER. (a) The Director of Public Works may approve the discharge of ground waters to the sanitary sewer only when such source is deemed unacceptable by state and federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. No discharge of such waters will occur except as specifically authorized in a waste discharge permit or other written authorization. (b) Groundwater containing petroleum products may be authorized for disposal to the sanitary sewer and shall comply with the following limits at point of discharge, in addition to any other discharge standards imposed: 0.5 mg/L benzene, 1 mg/L BTEX (benzene, toluene, ethylbenzene, xylene), and 10 mg/L TPH (total petroleum hydrocarbons) as gasoline or diesel. Groundwater containing organic compounds other than gasoline or diesel shall not exceed 1 mg/L total priority organic toxic pollutants at point of discharge. 7.38.160. REQUIREMENTS FOR FOOD SERVICE FACILITIES. (a) The owner of every commercial, industrial, or institutional food service facility, shall install or cause to be installed a pretreatment system for grease removal


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which meets or exceeds minimum sizing requirements of the UPC, by no later than January 1, 2001. The Director shall approve final sizing. (b) The owner of every commercial or industrial generator of grease serviced by a public sewer found to have a grease buildup at the point of connection of the side sewer, a history of grease blockage at such point, or accelerated maintenance of the public sewer resulting from the discharge of grease from said facility, may be required to implement additional grease control measures, which may include but are not limited to, installation of additional pretreatment equipment, elimination of the garbage grinder, or reimbursement of the City or District for the cost of accelerated preventive maintenance of the public sewer to prevent blockage of the sewer related to such grease discharge. 7.38.170. OPERATION AND MAINTENANCE OF PRETREATMENT SYSTEMS. (a) Pretreatment systems shall be inspected and maintained by the user as needed to ensure continuous efficient operation. (b) Pretreatment systems shall be inspected monthly by the user or per a schedule approved by the Director. (c) A record of all inspection and maintenance activity shall be kept by the user at the facility showing the date of inspection or maintenance, the activity completed, and the disposition of the removed contents, filters, cartridges, or other components. (d) Failure to operate or maintain the pretreatment system in a way so as to ensure optimum efficiency, or failure to keep records of pretreatment system maintenance shall constitute a violation of this Chapter. 7.38.180. DAMAGE TO FACILITIES. When a user's discharge causes an obstruction, damage, or any other impairment to the POTW or causes a violation of the NPDES permit, the City or District may impose a charge upon the user to reimburse the City or District for the cost of cleaning and/or repair of City or District facilities, including mitigation of waste discharge to the storm drainage system. 7.38.190. ADDITIONAL PRETREATMENT REQUIREMENTS. The Director may establish discharge limits for industrial wastes not specifically referred to in this Chapter. Said standards shall be based upon known reasonably achievable efficiencies of commonly used and properly maintained pretreatment technologies for a given waste. Such standards shall be included in waste discharge permits issued for the discharge of the specific waste. 7.38.200. AUTHORIZATION TO DISCHARGE. Industrial waste shall not be discharged to any sanitary sewer system without first obtaining authorization to discharge industrial waste from the Director. 7.38.210. WASTE DISCHARGE PERMITS. (a) The Director shall require each significant industrial user to obtain a waste discharge permit. In the event that the Director subsequently determines that the user no longer meets the


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criteria for classification as a significant industrial user, the Director may, in accordance with the pretreatment regulations, de-list the facility and cancel the permit. (b) The Director may require other users to obtain waste discharge permits as necessary to carry out the purposes of this Chapter. 7.38.220. WASTE DISCHARGE PERMIT PROCEDURE. (a) Applicants for a permit to discharge industrial waste shall complete and submit an application for wastewater discharge. The Director shall establish the contents of said form and may require additional information on the characteristics of the wastewater discharge beyond that required on the application form. The application may request information including, but not limited to, the nature of the industrial processes conducted, the volume of wastewater to be discharged, physical and chemical characteristics, rates of flow, hours of operation, industrial classification, each manufactured product by type, amount, and rate of production, number and classification of employees, site plans, floor plans, mechanical and plumbing plans and details to show all sewers, storm drains and appurtenances by size, location, and elevation; and any other information as may be deemed necessary by the Director. (b) The application shall include a hold harmless clause and statement certifying the accuracy and completeness of the information provided. Unsigned applications will not be accepted. (c) Completed applications shall be submitted by the user not less than 30 days in advance of commencing discharge. New sources shall not commence discharge prior to permit approval and not before installation of required pretreatment systems is complete. (d) Prior to approval of a discharge permit, the Director shall determine whether the discharge is subject to the pretreatment standards provided in the pretreatment regulations. The Director following the guidelines and procedures of that subpart will make the determination. (e) The application shall be approved if (1) the applicant has complied with all requirements of this Chapter and all other applicable City or District ordinances, state and federal regulations; (2) the applicant has furnished all requested information; and (3) the Director determines that there are adequate devices, equipment, chemicals, and other facilities to sample, meter where desirable, convey, treat, and dispose of industrial wastes. 7.38.230. SIGNATORY REQUIREMENTS. (a) Applications and reports shall be signed by the owner, general partner, corporate officer, or other duly authorized representative of the user. Baseline monitoring reports, periodic compliance reports, and analytical data reports submitted by a significant industrial user shall contain the following certification statement: “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who


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manage the system, the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (b) In the case of third parties requesting permission to discharge waste generated by another party, or the products of treated wastes generated by another party, the Director may require the waste generator or responsible party to submit a “designation of authorized representative” (DOAR) to authorize the third party to conduct business and sign reports on their behalf. However, certification that the waste as discharged does not constitute a hazardous waste, the permit, and permit application must be signed by the waste generator or responsible party. 7.38.240. PERMIT TERMS, CONDITIONS, AND REQUIREMENTS. (a) The Director shall impose terms, conditions, and requirements on the permit that the Director deems necessary to carry out the purpose of this Chapter. (b) The waste discharge permit shall contain the effective date and expiration date of the permit, statement of transferability; discharge limitations based on applicable pretreatment standards or pretreatment requirements; monitoring, sampling, reporting and record keeping requirements; and statement of penalties for noncompliance of permit terms, conditions, and requirements; and other provisions deemed appropriate by the Director for inclusion in the permit. (c) A waste discharge permit may require pretreatment of waste before discharge; restriction of peak flow discharges; discharge of certain waste waters only to specified sewers, location of points of discharge, prohibition of certain wastewater components; restriction of discharge to certain hours of the day; sampling and monitoring requirements, payment of charges to help defray the cost of the pretreatment program, and other conditions as may be required to effectuate the purpose of this Chapter. The permit may also require specific investigations or studies to determine methods of reducing toxic constituents in the discharge. (d) If a current permit holder wishes to continue to discharge after the expiration date of the permit, an application to reissue the permit must be filed by the user not less than 30 days prior to the expiration date. (e) An expired permit will continue to be effective and enforceable until the permit is reissued if the permit holder if the permit holder has submitted a complete application at least 30 days prior to the expiration date, and that failure to renew the permit is not due to any act or failure on the part of the permit holder. 7.38.250. PERMIT DURATION AND TRANSFERABILITY. (a) A waste discharge permit shall be issued for a specified time period, not to exceed three (3) years from the effective date of the permit. A waste discharge permit may be issued for a period less than three (3) years, at the discretion of the


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Director. Each waste discharge permit shall indicate a specific date upon which it will expire. (b) Waste discharge permits are issued to a specific user for a specific operation. Permits shall not be assigned, transferred, subcontracted, or sold to a new owner, new user, subcontractor, or to different premises, or to a new or changed operation, whether such transfer, assignment or subcontract occurs voluntarily or involuntarily. 7.38.260. PERMIT CLASSIFICATION. Waste discharge permits shall be issued to applicable users and levied applicable fees as provided for in this Chapter and shall be classified as follows: (a) Class A Discharge Permit. A Class A permit shall be issued to all significant industrial users (SIU). Class A permit holders are regulated in accordance with the requirements specified in the pretreatment regulations, 40 CFR Part 403 and 40 CFR Chapter I, Subchapter N, Parts 405-471, as amended, and this Chapter. (b) Class B Discharge Permit. A Class B permit shall be issued, at the discretion of the Director, to any user who is not a significant industrial user, yet requires periodic inspection and/or monitoring to verify compliance with this Chapter. A Class B permit may be required for discharge of industrial waste from stationary sources, trucked wastes, contaminated groundwater, and other industrial wastes approved by the Director for discharge to the sanitary sewer. (1) Groundwater sources may include but are not limited to (I) construction site dewatering where soil or groundwater contamination is present, (ii) groundwater contaminated with organic solvents generated as a result of pump tests in preparation for a groundwater cleanup or water generated during sampling events, (iii) aqueous wastes generated by either permanent or mobile hazardous waste treatment units used to treat hazardous waste at the generator’s site, (iv) and aqueous wastes generated as a result of site cleanup activities. A permit must be obtained prior to commencement of discharge, and request for such permits shall be submitted not less than 30 working prior to intended discharge. (2) The Director limits groundwater discharges to a cumulative total hydraulic allocation of 0.5 million gallons per day (mgd) for the protection of the hydraulic capacity of the POTW. Real properties of the City or District shall have priority to said allocation. Allocations for other permit holders may be reduced, but not eliminated, to equitably accommodate the needs of the agencies to discharge treated groundwater to the sanitary sewer. Should such a permit holder discontinue discharging for more than 90 days, the permit holder shall be notified in writing of the Director's intention to cancel the permit.

(3) The Director may impose upon the user a hydraulic loading charge for discharge of groundwater or other waters in cases where conventional sewer service charges applied by the City or District do not account for said


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flows or uses. User discharges which exceed 10,000 gallons per batch discharge or users undertaking long term discharges of groundwater to the sanitary sewer shall be metered and levied a hydraulic loading charge based upon the basic sewer service charge rate established by the City or District, as applicable. 7.38.270. MODIFICATION, SUSPENSION, OR REVOCATION OF PERMIT. (a) A waste discharge permit may be revoked, made subject to additional terms and conditions, modified, or suspended by the Director in addition to other remedies provided by law, when such action is necessary in order to stop a discharge or a threatened discharge which presents a hazard or a threat of hazard to the public health, safety, or welfare; or the natural environment, or the sanitary sewer system, or which violates this Chapter, or which action is intended to implement programs or policies required or requested of the City or District by appropriate state or federal regulatory agencies. (b) A user notified of the Director’s intent to revoke, make subject to additional terms or conditions, modify, or suspend the user’s permit shall immediately comply with directives of the Director or cease and desist the discharge of all industrial waste or such portion of said wastes as will eliminate the wrongful discharge to the sanitary sewer system pending any hearing that the user may request as set forth in this Chapter. (c) The Director shall reissue or reinstate any waste discharge permit or other authorization to discharge upon proof of satisfactory ability to comply with all discharge requirements, and upon payment of any costs, fines, or penalties which may be assessed. The Director may require the user to develop and implement a compliance schedule to ensure attainment of prompt and full compliance of permit terms and conditions. 7.38.280. NOTIFICATION OF HAZARDOUS WASTE DISCHARGE. (a) No person shall knowingly dispose of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261, unless specifically authorized by the Director. Should any discharge of a hazardous waste occur, the user shall verbally notify the EPA, the Regional Water Quality Control Board, and the Director as soon as possible, but in no event later than 24 hours after such discharge. (b) The Director may require that a user periodically certify that their wastewater discharge does not constitute a hazardous waste, as defined by the federal regulations, and that no discharge of hazardous waste occurred during the reporting period. (c) A user shall make available at the Director’s request, a copy of the user’s hazardous materials management plan (HMMP) and to have on site copies of material safety data sheets for all hazardous materials stored, generated, or used on the user's premises. 7.38.290. COMPLIANCE SCHEDULES AND PROGRESS REPORTS. (a) In the event that a user should be affected by a newly promulgated pretreatment


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standard or an existing discharge permit holder is reclassified as being subject to the categorical standards provided in the pretreatment regulations due to process changes, or an inspection reveals the presence of regulated processes, or new information becomes available that justifies or requires a reclassification, the user shall, within 90 days or the effective date of a categorical standard or reclassification, file a baseline monitoring report (BMR). (b) Baseline monitoring reports shall contain the name and address of the user, including name of owner and operator; list of any environmental control permits held by the user; description of operations, including rate of production, standard industrial classification, and process schematic; estimated average and maximum daily flow to sanitary sewer from the regulated processes to allow use of the combined waste stream formula in the pretreatment regulations; identification of the categorical pretreatment standards applicable to each process; results of sampling and analysis of regulated pollutants in the discharge from each regulated process, or, in the case of new sources, an estimate of such pollutants. (c) Baseline reports shall contain a statement, reviewed by an authorized representative of the user and certified by a qualified professional, indicating whether or not 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) If additional O&M and/or additional pretreatment, equipment or improvements will be required to meet the pretreatment regulations, the user’s baseline monitoring report shall include a compliance time schedule which specifies the shortest time schedule by which the user will provide such additional pretreatment procedures or facilities, equipment or improvements to attain compliance. The compliance schedule shall include progress increments in the form of dates for the commencement and completion of major events leading to construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards. Such events may 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. (e) Not later than fourteen (14) days following each date in the compliance schedule, the user shall submit a progress report to the Director including, at a minimum, whether or not it complied with the increment of progress, and if not, the reason for the delay, and if appropriate, the steps being taken to by the user to return to the established schedule. (f) Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of discharge, the user shall submit to the Director a report including discharge flow and pollutant concentration data for the regulated processes, and a statement, reviewed by the authorized representative of the user and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and if


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not, whether additional procedures or pretreatment equipment is required to meet pretreatment standards and requirements. 7.38.300. PERIODIC COMPLIANCE REPORTS. (a) Significant industrial users subject to self-monitoring requirements shall, at a frequency determined by the Director but in no case less than twice annually, submit periodic reports indicating whether applicable pretreatment standards have been met during the reporting period. Specific reporting requirements shall be specified in the permit, in compliance directives or in notices of violation. Any user may be required to submit periodic reports to the Director. (b) A periodic report may include, but is not limited to, user surveys, permit applications, responses to compliance directives, and any other reporting requirement or information request. (c) A periodic report specified in a permit reporting schedule, and any report including monitoring data, shall be certified and signed by an authorized representative of the user. (d) Reports shall be submitted within thirty (30) days from the due date specified in the permit or other written directive. 7.38.310. CHANGED DISCHARGE NOTIFICATION. (a) Any user desiring to change the quantity or quality of waste discharged to the sanitary sewer system or to discharge wastes or use facilities which are not in conformance with their waste discharge permit shall notify the Director at least thirty (30) days before commencement of discharge. The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a waste discharge permit application. (b) The Director may issue a waste discharge permit or modify an existing waste discharge permit in response to changed conditions or anticipated changed conditions in accordance with this Chapter. 7.38.320. NOTIFICATION OF SPILLS. (a) In the event of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine episodic nature, a non-customary batch discharge, or a slug discharge, any of which may cause potential problems in the POTW, the user shall immediately contact the Director of the incident. Notification shall include location of the discharge, type of waste, concentration and volume, if known, and corrective actions being taken by the user. (b) Within five (5) days following such discharge, the user shall, unless waived by the Director, submit a detailed written report explaining the nature, volume and duration of the noncompliance, mitigation measures taken to correct the noncompliance and to prevent reoccurrence. Such notifications shall not relieve the user of liability for any expense, including but not limited to, costs for countermeasures, loss or damage to the POTW; or liability to reimburse any fines imposed on the City or District on account thereof; or for damages incurred by a third party.


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7.38.330. SAMPLING AND TESTING REQUIREMENTS. (a) Pollutant analyzes, including sampling techniques, to be conducted as part of any monitoring requirement of a waste discharge permit or other formal directive shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in the pretreatment regulations. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyzes shall be performed in accordance with procedures approved by the U.S. Environmental Protection Agency. (b) All samples shall be representative of the waste being analyzed. (c) Samples shall be analyzed by a laboratory accredited by the California Department of Health Services for such analysis. (d) All analytical data and flow monitoring records shall include the date, exact location, method, and time of sampling, and the name of the person(s) taking the samples; the dates the analyzes were performed; who performed the analyzes; the analytical techniques or methods used; and the results of such analyzes. 7.38.340. RECORD KEEPING REQUIREMENTS. (a) Users subject to the reporting or record keeping requirements specified in waste discharge permits or other formal directive shall make available for inspection and copying all monitoring data, pretreatment system operation and maintenance records, and any other information required by the Director to be kept by the user. (b) Records shall be retained by the user for a period of at least three (3) years from the date of the report to which these records are applicable or three (3) years from the date of any investigation or enforcement action undertaken by the Director, State or USEPA has concluded, or such other time as may be directed by the Director. 7.38.350. AUTHORITY TO INSPECT AND MONITOR. (a) The Director is authorized to conduct all inspection, surveillance, and monitoring procedures necessary to assure compliance with this Chapter. (b) The Director may enter without unreasonable delay, during hours of discharge from the facility or hours of operation, any premises of any user in which an industrial waste source is located or in which industrial waste records are kept. Records shall be made available to the Director for inspection and copying. Reasonable times for inspection and sampling may include times that are unannounced. (c) The Director may enter such building or premises only upon first presenting credentials and requesting entry. If the building or premises is unoccupied, the Director shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. (d) In the event that the user refuses the Director entry to the premises, inspection may be made only upon the issuance of a search warrant by a duly authorized magistrate. In the event that the user refuses entry after the


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request has been made, the Director is hereby empowered to seek assistance from the court in obtaining such entry. (e) 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 Director and shall not be replaced. The costs of clearing such access shall be born by the user. Unreasonable delays in allowing the Director access to the user's premises shall be a violation of this Chapter. (f) The Director shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recording of activities on the site. (g) In addition to other remedies available to the Director, compliance directives may be issued at the time of the inspection to require the user to implement actions which will correct violations of this Chapter. 7.38.360. SELF-MONITORING REQUIREMENTS. (a) As a condition of discharge, the Director may require that the user conduct a sampling and analysis program of the user’s wastewater discharge of a frequency and type required by the Director to demonstrate compliance with the requirements of this Chapter. The waste discharge permit shall specify the minimum frequency and types of samples, flow monitoring, measuring, and analyzes to be conducted by the user. The permit may also specify the type of sampling equipment and flow monitoring equipment, which must be installed or used. The required self monitoring program will depend on factors such as flow, potential for the discharge to cause interference, pass-through, or upset of treatment processes, pollutants present, and prior compliance history, if any, of the user. Additional monitoring may be required by the Director for violation follow up, to assist in evaluating effects of the discharge, or as part of a compliance directive or notice of violation. (b) Information to be included in self-monitoring reports, and acceptable sampling and analytical methods are specified in the pretreatment regulations and this Chapter. Samples shall be analyzed at the user’s expense, by a laboratory accredited by the state of California Department of Health Services for such analysis. The detection limit used by the user shall be no greater that the applicable regulatory limit of the parameter as specified in the waste discharge permit. (c) If sampling performed by the user indicates a violation, the user shall notify the Director as soon as possible but no later than twenty-four (24) hours of the user’s knowledge of the violation. The user shall repeat the sampling and analysis and report the results to the Director within thirty (30) days after becoming aware of the violation. The user is not required to resample if the Director samples between the user’s initial sampling and the user’s receipt of the of the sampling results.


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(d) The self-monitoring reports and notices required by the pretreatment regulations shall be submitted to the Director on the date specified. (e) The Director may require self-monitoring for facilities for which a permit has not been issued. The Director may also request that information be submitted within a reasonable time concerning the chemical or biological constituents of any substance or chemical product that could potentially be discharged to the sanitary sewer system or which the Director determines may, alone or in accumulation with other discharges, contribute to a violation by the POTW of its NPDES permit or contribute to an upset of plant processes. 7.38.370. CONFIDENTIAL INFORMATION. (a) Any information submitted to the Director pursuant to this Chapter shall be made available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods which would be detrimental to the user's competitive position and is not required to be disclosed pursuant to the California Public Records Act, or similar law. (b) Any such requests must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing the report that such information should be held confidential, 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 industrial pretreatment program, and in enforcement proceedings involving the person furnishing the report. (c) Information and data provided to the Director pursuant to this section which constitutes effluent or flow data shall not be recognized as confidential information and shall be available to the public without restriction. (d) A user may be prohibited from discharging a substance unless its composition is made known to the Director. 7.38.380. SPILL CONTROL AND PREVENTION. (a) At least once every two years the Director shall evaluate each significant industrial user, or any other discharger as deemed necessary, to determine the need for a spill control and prevention plan. Such plan shall include, at minimum, a description of discharge practices, including non-routine batch discharges, description of stored chemicals, procedures for notifying the Director of any noncompliant discharge, as specified in this Chapter, and procedures to prevent adverse impact from any noncompliant discharge. (b) Each user shall provide adequate protection to prevent prohibited discharges regulated by this Chapter. Where directed by the Director, the user shall install retention basins, dikes, storage tanks, or other facilities designed to eliminate, neutralize, offset, or otherwise negate the effects of prohibited materials or wastes which may be accidentally discharged in violation of this Chapter.


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(c) No person shall store hazardous materials above a sink that is connected to the sanitary sewer in a commercial or industrial facility. The Director may allow an exception when the hazardous materials are secondarily contained and when constrained to prevent accidental spills caused by earthquakes and other occurrences. 7.38.390. BEST MANAGEMENT PRACTICES. Where best management practices (BMPs) have been established or adopted by the Director for an activity, operation, or facility which may cause a prohibited discharge to the sanitary sewer or storm drain systems, persons undertaking such activity or operation, or owning or operating such facility shall comply with such requirements as may be specified by the Director in waste discharge permits, compliance directives, printed material, or verbal notice. 7.38.400. EMPLOYEE TRAINING. Users shall take necessary steps to inform appropriate personnel employed by the user of discharge requirements. Such personnel shall include workers and supervisors whose duties pertain in any manner to the waste discharges regulated in this Chapter. Steps to inform such personnel may include orientation of newly employed or assigned personnel; annual orientation of all appropriate personnel; and posting of work stations with signs or equally effective methods of indicating approved methods of disposition of wastes and reporting requirements and instructions for accidental spills and increased loadings. 7.38.410. APPEALS AND HEARING PROCEDURES. (a) Any person affected by any decision, action or determination, including administrative remedies, made in interpreting or implementing the provisions of this Chapter may appeal therefrom to the City of San Mateo Public Works Commission. (b) The appeal must be filed with the Public Works Department, in writing, including any required fees, within ten days after such action. The appeal shall designate with particularity the decision, action or determination appealed from and the remedy or relief sought by way of the appeal. If an appeal is not filed within such period, applicant shall be barred for a period of six months from date of the original application from making further application with reference to the same matter. The appeal shall be filed within such period with the commission secretary, who shall set the hearing thereon for the next regular meeting of the commission, provided such next regular meeting is to be held not less than ten days from the date of filing such appeal. If such meeting is to be held within less than ten days thereafter, such hearing shall be set for the regular meeting next subsequent thereto. (c) At the hearing, the commission shall receive all evidence offered by applicant and the City or District, and may hear other evidence with reference thereto, and may continue such hearing from time to time. (d) At the conclusion of such hearing, the commission shall make its findings thereon. If it finds that the initial decision, action or determination that is appealed from is consistent with the provisions and policies of this chapter and


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is not otherwise injurious to the public health, safety or welfare, then the appeal shall be denied. If it finds that the initial decision, action or determination is either inconsistent with the provisions and policies of this chapter or is otherwise injurious to the public health, safety or welfare, then the commission may sustain the appeal and in its decision grant any remedy or relief sought by the appellant, or such other relief as it deems appropriate, that is consistent with the provisions and policies of this Chapter. The decision of the commission may be appealed to the City Council by any interested person by filing an application with the City Clerk’s Office, including any required fees, within 10 calendar days of the decision. The decision of the council shall be final and conclusive. 7.38.420. PUBLIC NOTIFICATION OF SIGNIFICANT NONCOMPLIANCE. At least annually, the Director shall provide public notice in the largest local daily newspaper a list of those significant industrial users that, during the previous twelve (12) months, were found in significant noncompliance, as defined in the pretreatment regulations and this Chapter. 7.38.430 ACCESS TO SANITARY SEWER SYSTEM. (a) When installing a lateral sewer connection from a building to the main sewer, the property owner shall install a cleanout near the property line or sewer easement in accordance with the City or District standard for sewer lateral installation on file with the City or District. The City or District will maintain laterals in the public right-of-way only when a cleanout has been installed in accordance with the City or District standard, and is kept accessible by the property owner. (b) When a sewer line or manhole exists within a sewer, public utility, or right-of-way easement across private property, the owner of the private property shall provide unobstructed access to the sewer line and manhole. (c) It is unlawful for any person to obstruct cover, or alter any sewer manhole in the City or District without the written permission of the City or District. 7.38.440. COMPLIANCE WITH CHAPTER. (a) Failure to comply with terms, conditions, or requirements of a waste discharge permit, maintenance agreement, compliance directive or other written notice, including, but not limited to, pretreatment standards, monitoring requirements, or reporting requirements, shall constitute noncompliance with this Chapter. (b) The omission to act by the Director and/or the failure of the Director to take cognizance of the nature of the operation of the user and/or the properties of the user's discharge shall not relieve the user of the responsibility to comply with the provisions of this Chapter. It is the responsibility of the user to make determinations as to the nature of its operation and waste discharge characteristics and to take such actions as may be required under this Chapter prior to any discharge into any sanitary sewer system, whether or not the user has been informed by the Director of the requirements which may apply to the user regarding its discharge.


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(c) Liability for damages as a result of any discharges in violation of this Chapter shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify, and hold harmless the City and District in any administrative or judicial enforcement action relating to such discharges. 7.38.450. REMEDIES NONEXCLUSIVE. Enforcement remedies provided for in this Chapter are not exclusive. The City or District may take all, or any combination or these actions against a noncompliant user, as well as any other enforcement remedies which the City or District may have available. 7.38.460. ADMINISTRATIVE REMEDIES. (a) Notice of Violation. When an authorized enforcement official finds that a user has violated or is violating this Chapter, or a wastewater permit or order issued hereunder, the official may serve upon said user a Notice of Violation which enumerates the violations found, and orders compliance by a date certain. (b) Administrative Compliance Order. Whenever an authorized enforcement official finds that a discharge to the sanitary sewer system is taking place or threatening to take place in violation any provision of this Chapter or a permit or order issued hereunder, the authorized enforcement official may require the person to submit for approval of the authorized enforcement official, with such modifications as the authorized enforcement official deems necessary, a detailed compliance schedule that the person shall take in order to correct said violation(s), or prevent future recurrences of said violation(s). A compliance order does not relieve the person of liability for any violation, including any continuing violation. (c) Cease and Desist Order. Whenever an authorized enforcement official finds that a discharge to the sanitary sewer system is taking place or threatening to take place in violation of this Chapter or any permit or order issued hereunder, or that the person’s past violations are likely to recur, the authorized enforcement official may issue an order to cease and desist and direct that the person in violation immediately comply with all requirements, and 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. (d) Administrative Civil Penalties. An authorized enforcement official may serve an administrative complaint on any person who has violated, or continues to violate, any provision of this Chapter. Each day on which each instance of noncompliance shall occur or continue shall be deemed a separate and distinct violation. Procedures for application of administrative civil penalties shall be in accordance with standard procedures adopted by the City or District. 7.38.470. VIOLATIONS DEEMED A PUBLIC NUISANCE. (a) Any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to the public health, safety and welfare, and is declared and deemed


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a nuisance, and may be summarily abated and/or restored by the City or District, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City or District attorney. (b) The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three (3) months after the completion by the authorized enforcement official of the removal of the nuisance and the restoration of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution. (c) If any violation of this Chapter constitutes a seasonal and recurrent nuisance, the City or District Council shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing. 7.38.480. CIVIL PENALTIES. Any person who has violated or continues to violate the provisions of this Chapter or any order or permit issued hereunder, shall be subject to the imposition of civil penalties pursuant to Chapter 1.11 of this Code. 7.38.490. CRIMINAL PENALTIES. Any person who intentionally or negligently makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this Chapter, or waste discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter, or who willfully or negligently introduces any substance into the sanitary sewer system which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor, punishable by such criminal penalties as may be prescribed by the City or District. Any penalty shall be in addition to any other cause of action for personal injury or property damage available under State law. 7.38.500. CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1094.6. The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of City or District decisions pursuant to this Chapter. 7.38.510. EMERGENCY TERMINATION OF SERVICE. The City or District reserves the right to terminate sewer service for noncompliance with the provisions of this Chapter which reasonably appear to present an imminent endangerment to health, safety, and welfare of persons. The user shall immediately cease discharge of any waste presenting such a hazard, upon verbal and/or written notice of the Director or his(her) designated representative. Such termination shall be effective immediately, but shall be reviewed pursuant to the hearing process provided by the City or District. The


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Director shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director that the period of endangerment has passed, and provisions have been made to prevent future occurrences of actual or threatened discharges which may result in endangerment to individuals, the environment, damage to facilities, or NPDES permit violations.

Section 2. PUBLICATION. This Ordinance shall be published in summary in the San Mateo County Times, posted in the City Clerk’s Office, and posted on the City’s website, all in accord with Section 2.15 of the Charter and shall take effect upon publication. I hereby certify this to be a correct copy of Ordinance No. 2003-7 of the City of San Mateo, California, introduced on March 3, 2003, and adopted on March 17, 2003, by the following vote of the Council: AYES: Council Members LEE, GROOM, EPSTEIN, LEMPERT and MACK ABSENT: NONE NOES: NONE (SEAL) /s/ NORMA GOMEZ, City Clerk


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CITY OF SAN MATEO

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