Item 6 - Second Reading Ordinance 440
- AGENDA REPORT SUMMARY -
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~ -t
-
INITIATED BY: John D. Fitch, Assistant City Manageq)~
Marjorie K. Wahlsten, City Clerk~
DATE: January 3, 1995
SUBJECf: Ordinance No. 440 - Second Reading
ABSTRACT
On December 13, 1994, the City Council introduced and had the first reading on
Ordinance No. 440 - "An Ordinance of the City of Poway, California, Adding Chapter
13.05 to the Poway Municipal Code to Establish an Industrial Wastewater Pretreatment
Program and Rescinding Sections 13.04.110 Through 13.04.130 of the Poway Municipal
Code." Staff recommends adoption.
ENVIRONMENTAL REVIEW
A Negative Declaration was issued on December 13, 1994.
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FISCAL IMPACT
The fiscal impact with the adoption of this ordinance is included within the existing
budget of the Sewer Utilities Fund within the Public Services Department.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice was published in the Powav News Chieftain prior to first reading of the
ordi nance.
RECOMMENDATION
If the City Council desires to adopt, read title and waive further reading of the
Ordinance by unanimous vote. Pass motion closing public hearing and adopting (roll
call vote).
ACTION
--
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1 of 18 JAN:3 1995 ITEM 6
CITY OF POWAY
AGENDA REPORT
TO: """,b " "'" "d '"b", ~ my c,"" 11
FROM: James L. Bowersox, City Man
INITIATED BY: John D. Fitch, Assistant City Manage~
Marjorie K, Wahlsten, City Clerk
DATE: January 3, 1995
SUBJECT: Ordinance No. 440 - Second Reading
BACKGROUND
On December 13, 1994, the City Council introduced and had the first reading on
Ordinance No. 440 - "An Ordinance of the City of Poway, California, Adding
Chapter 13.05 to the poway Municipal Code to Establish an Industrial Wastewater
Pretreatment Program and Rescinding Sections 13.04.110 Through 13.04.130 of the
Poway Municipal Code." Staff recommends adoption.
FINDINGS
It is in order to have the second reading and adopt this Ordinance.
FISCAL IMPACT
The fiscal impact with the adoption of this ordinance is included within the
existing budget of the Sewer Utilities Fund within the Public Services
Department.
ENVIRONMENTAL REVIEW
A Negative Declaration was issued on December 13, 1994.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice was published in the Powav News Chieftain prior to the first reading of
the Ordinance,
RECOMMENDATION
If the City Council desires to adopt, read title and waive further reading of the
Ordinance by unanimous vote. Pass motion closing public hearing and adopting
(roll call vote),
Attachment:
1) Ordinance
." .h,' """"\oityo'rk\.",..\or044O,r" JAN'3 1995 líï:M 6
2 of 18
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Ordinance No. 440
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AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
ADDING CHAPTER 13.05 TO THE POWAY MUNICIPAL CODE
TO ESTABLISH AN INDUSTRIAL WASTEWATER PRETREATMENT PROGRAM
AND RESCINDING SECTIONS 13.04.110 THROUGH 13.04.130
OF THE POWAY MUNICIPAL CODE
Whereas, the General Pretreatment Regulations (40 CFR 403)as amended
October 1, 1988 require publicly-owned treatment works (POTW's) to have the
legal authority to apply and enforce the requirements of Section 307(b) and
(c) and 402(b)(8) of the Clean Water Act and any regulations implementing
those sections; and
Whereas, at a minimum, this legal authority must meet the requirements of
40 CFR Section 403.8(f)(l)(i-vii); and
Whereas, the Environmental Protection Agency (EPA) and the California
Water Quality Control Board, San Diego Region issued NPDES (National Pollutant
Discharge Elimination System) Permit No. CA 0107409 to the City of San Diego,
requiring the development and implementation of an industrial pretreatment
program; and
Whereas, the EPA has required that all member agencies within the
Metropolitan Sewerage System discharging to the City of San Diego's Point Loma
facility, must also establish an industrial pretreatment program; and
Whereas, the City of Poway seeks to comply with all provisions of State
and Federal law; and
Whereas, in order to implement the federal regulatory requirements and
California Regional Water Quality Control Board, San Diego Region NPDES Permit
No. CA 0107409, the City of Poway has entered into an Industrial Wastewater
Interjurisdictional Pretreatment Agreement dated July 24, 1990; and
Whereas, a properly noticed public hearing was conducted in accordance
with Section 65853 et. seq. of the California Government Code and the
California Environmental Quality Act to consider implementation of the
Industrial Wastewater Pretreatment Program ordinance; and
Whereas, the City Council finds that the proposed ordinance will not have
a significant impact on the environment and hereby issues a Negative
Declaration; and
Whereas, the City of Poway has conducted legally noticed public hearings
and has provided all interested parties an opportunity to be heard on these
i ssues; and .
Whereas, the City of Poway has carefully considered the proposed
Industrial Wastewater Pretreatment Ordinance and finds that said proposed
Industrial Wastewater Pretreatment Ordinance complies with the requirements of
applicable federal and state law, and further said Ordinance contributes to
the comprehensiveness of the City of Poway General Plan and provides for the
protection of the wastewater system within the City of Poway and the
protection of health, safety, and general welfare of its citizens.
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Ordinance No. 440
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS
FOLLOWS:
Section I.
Chapter 13.05, entitled "Industrial Wastewater Pretreatment Program," is
hereby adopted and added to the Poway Municipal Code to read as follows:
13.05.010 Titl e. Th is chapter sha 11 be known as the "C ity of Poway
Industrial Wastewater Pretreatment Ordinance."
13.05.020 Puroose. The purpose of this chapter is to provide for the
maximum beneficial public use of the City's wastewater system through adequate
regulation of sewer construction, sewer use, and industrial wastewater
discharge, to provide for equitable distribution of the City's costs, and to
provide procedures for complying with wastewater discharge requirements placed
upon the City by other regulatory bodies.
13.05.030 Scope. This chapter shall be interpreted in accordance with
the definitions set fprth herein and the provisions of this chapter shall
apply to the direct or indirect discharge of all waste into the City's
wastewater system.
This chapter provides for the regulation of sewer construction in areas
within the City's boundaries, the quantity and quality of discharged wastes,
the degree of waste pretreatment required, the setting of waste discharge fees
to provide for equitable distribution of costs, the issuance of Permits for
Industrial Wastewater Discharge and of other miscellaneous permits, and the
establishment of penalties for violation of this ordinance.
13.05.040 Liquid Waste Disposal Policy. The City builds and operates
publ ic sewers and wastewater facil ities serving homes, industries, and
commercial establishments. The following policies apply to wastewater
discharges within the City's boundaries and to other discharges that are
tributary to the City's wastewater facilities.
Generally, wastewater originating within the City's boundaries will be
removed by the City's wastewater system provided the wastewater will not (1)
damage structures, (2) create nuisances such as odors, (3) menace public
hea lth, (4) impose unreasonable collection, treatment, or disposal costs on
the City, (5) interfere with wastewater treatment processes, (6) exceed
quality requirements set by regulatory government agencies, or (7)
detrimentally affect the local environment. .
The City is committed to a policy of wastewater renovation and reuse in
order to provide an alternate source of water supply and to reduce overall
costs of wastewater treatment and disposal. The renovation of wastewater
through secondary and tertiary wastewater treatment processes may necessitate
more stringent quality requirements on industrial wastewater dischargers than
those required by other regulatory agencies.
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-- Ordinance No.440
Page 3
To comply with stated policies of the Federal government and to permit
the City to meet increasingly higher standards, provisions are made in this
chapter for the regulation of industrial wastewater discharges. This chapter
establishes quantity and quality limitations on industrial wastewater
discharges. Methods of cost recovery from industrial wastewater dischargers
where the discharges impose inequitable collection, treatment, or disposal
costs on the City will be established by a resolution of the City Council.
Recovery and reuse procedures established by industrial wastewater
dischargers themselves to meet the limitations set on their discharges will be
preferred by the City over those procedures designed solely to meet wastewater
discharge limitations. Methods providing for beneficial reuse of otherwise
wasted resources shall be the approved method of industrial wastewater
treatment wherever feasible.
Optimum use of the City's wastewater facilities may require that certain
industrial wastewaters be discharged during periods of low flow in the City's
wastewater system.
13.05.050 Definitions. For the purposes of this chapter, the terms
relating to water and wastewater shall be as adopted in the latest edition of
-- Standard Methods for the Examination of Water and Wastewater, published by the
American Public Health Association, the American Water Works Association, and
the Water Pollution Control Federation.
The meaning of other various terms as used in this chapter shall be as
follows:
a. "Applicant" means a person, or group of persons who applies for
sewer service.
b. "Director of Public Services" means the department head of the
Public Services Department of the City of Poway or his/her designee.
c. "Discharger" means any person that discharges or causes a
discharge of wastewater directly or indirectly to a public sewer.
d. "Domestic Wastewater" means the liquid and waterborne wastes
derived from the ordinary living processes in a dwelling unit, said wastes
being of such character as to permit satisfactory disposal, without special
treatment, into a publ ic sewer or by means of a private disposal system.
.
e. "Industrial Wastewater" means all wastewater, excluding domestic
wastewater, and shall include all wastewater from any producing,
manufacturing, processing, institutional, commercial, service, a9ricultural,'
or other operation. These may also include wastes of human origin similar to
domestic wastewater.
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Ordinance No. 440
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f. "Mass Emission Rate" means the weight of material discharged to a
public sewer during a given time interval.
g. "Person" means any individual, partnership, entity, firm,
association, corporation, or public agency including the State of California
and the United States of America.
h. "Public Sewer" means a sewer owned and operated by the City of
Poway.
i. "Standard Methods" means procedures described in the current
edition of Standard Methods for the Examination of Water and Wastewater, as
published by the American Public Health Association, the American Water Works
Association, and the Water Pollution Control Federation.
j. "Suspended Solids" means any insoluble material contained as a
component of wastewater and capable of separation from the liquid portion of
said wastewater by laboratory filtration as determined by the appropriate
testing procedure and Standard Methods.
k. "Treatment Facilities" means treatment works actually used in the
treatment of wastewater or for the reclamation of wastewater.
1. "Waste" means wastewater and any and all other waste substances,
liquid, solid, gaseous, or radioactive, associated with human habitation, of
human or animal origin, or from any producing, manufacturing, or processing
operation of whatever nature, including such wastes placed within containers
of whatever nature, prior to and for the purpose of disposal.
m. "Wastewater" means waste and water, whether treated or untreated,
discharged into or permitted to enter a public sewer.
n. "Wastewater Constituents and Characteristics" means the individual
chemical, physical, bacteriological, or radiological parameters, including
volume, flow rate, and such other parameters that define, classify, or measure
the quality and quantity of wastewater.
o. "Wastewater System or Facilities" means any and all facilities
used for collecting, conveying, pumping, treating, and disposing of
wastewater.
13.05.060 Responsibility for Administration. The Director of Public
Services. shall administer, implement, and enforce the provisions of this .
chapter. Any powers granted to or duties imposed upon the Director of Public
Services may be delegated by the Director of Public Services to persons in the
employ of the City of Poway or any other duly authorized representative,
agent, or agency.
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- Ordinance No. 440
Page 5
The Director of Public Services shall make and enforce regulations
necessary to the administration of this chapter. The Director may amend such
regulations from time to time as conditions require. These regulations shall
be consistent with the general policy established herein by the City Council.
13.05.070 Penalty for Violations. a. Public Nuisance. Discharge of
wastewater in any manner in violation of this chapter or of any order issued
by the Director of Public Services, as authorized by this chapter, is hereby
declared a public nuisance and shall be corrected or abated as directed by the
Director of Public Services. Any person creating such a public nuisance is
guilty of a misdemeanor.
b. Iniunction. Whenever a discharge of wastewater is in violation of
the provisions of this chapter or otherwise causes or threatens to cause a
condition of contamination, pollution, or nuisance, the Director of Public
Services may cause the City to seek a petition to the Superior Court for the
issuance of a preliminary or permanent injunction or both, as may be
appropriate in restraining the continuance of such discharge.
c. Costs of DamaGe. Any person violating any of the provisions of this
chapter or who has a discharge which causes a deposit, obstruction, damage, or
any other impairment to the City's facilities shall become liable to the City
- for all expense, loss, or damage occasioned the City by reason of such
violation or discharge.
d. Falsifvino of Information. Any person who knowingly makes any false
statements, representation, record, report, plan, or other document filed with
the Director of Public Services or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under this
chapter, shall be guilty of a misdemeanor.
e. Termination of Service. The City may revoke any Industrial
Wastewater Discharge Permit issued pursuant to Section 13.05.160 hereof or
terminate or cause to be terminated any wastewater service to any premise if a
violation of any provision of this chapter is found to exist or if a discharge
of wastewater causes or threatens to cause a condition of contamination,
pollution, or nuisance. This provision is in addition to other statutes or
rules authorizing termination of service for delinquency in payment.
When deemed necessary by the Director of Public Services, for the
continuing preservation of public health or safety or for the protection of
public or private property, the Director may suspend sewer service to any
person or persons using the wastewater system in a manner or way to endange~
the public health or safety of public or private property. In suspending
service, the Director may sever all pertinent connections to the public sewer.
If such endangerment shall be imminent, then the Director of Public Services.
may act immediately to suspend sewer service without notice or warning to said
_0 person or persons.
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Ordinance No. 440
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f. Civil Penalties. Any person who violates any provision of this
chapter or permit condition, or who discharges wastewater which causes
pollution, or who violates any cease and desist order, prohibition, effluent
1 imitation or national pretreatment standard, shall be 1 iable civilly for a
penalty not to exceed $300 for each day in which such violation occurs.
g. Criminal Penalties. Any person who intentionally violates any
provision of this chapter or permit condition or who discharges wastewater
which causes pollution or who violates any cease and desist order,
prohibition, effluent limitation or national pretreatment standard shall be
liable, upon conviction, for a sum not to exceed $10,000 for each day in which
such violation occurs, or for imprisonment for not more than one (1) year or
both.
13.05.080 Not ice and Appeal Procedures. Unless otherwise provided
herein, any notice required to be given by the Director of Public Services
under this chapter shall be in writing and served in person or by registered
or certified mail. If served by mail, the notice shall be sent to the last
address known to the Director of Public Services. Where the address is
unknown, service may be made upon the owner of record of the property
involved.
Notice shall be deemed to have been given at the time of deposit, postage
prepaid, in a facility regularly serviced by the United States Postal Service.
Any person found to be violating any provision of the chapter shall be
served by the Director of Public Services with written notice stating the
nature of the violation. Within 30 days after the date of the notice, unless
a shorter time is necessary due to the nature of the violation, a plan for the
satisfactory correction thereof shall be submitted to the Director of Public
Services. If the violation is not corrected by timely compliance, or a
satisfactory correction plan submitted within the specified time, the Director
of Public Services may order any person to show cause before the Director of
Public Services why enforcement action should not be taken. A written notice
shall be served on the person specifying the time and place of a hearing, the
reason why the action is to be taken, and the proposed enforcement action.
The Director of Public Services may propose any enforcement action reasonably
necessary to abate the violation. Based upon the evidence presented at the
hearing, the Director of Public Services shall determine the appropriate
enforcement action which should be taken, if any.
13.05.090 Time Limits. Any time limit provided in any written notice or
in any provision of this chapter may be extended only by a written directiva
of the Director of Public Services.
13.05.100 Insoection and Samolinq. Adequate identification shall be
provided by the Director of Public Services for all inspectors and other
authorized personnel and those persons shall identify themselves when entering
any property for inspection purposes or when inspecting the work of any
contractor.
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Ordinance No.440
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Inspection and sampling of every facility that is involved directly or
indirectly with the discharge of wastewater to the City's wastewater system
may be made by the Director of Publ jc Services as he deems necessary. These
facilities shall include but not be limited to sewers, wastewater pumping
stations, pollution control plants, all industrial processes, food
establishment facilities or other facilities which discharge grease and oil at
levels which cause blockages to the sewer, industrial wastewater generation,
conveyance and pretreatment facilities, and all similar wastewater facilities.
Inspections may be made to determine that such facilities are maintained and
operated properly and are adequate to meet the provisions of this chapter.
Access to all of the above facilities or to other facilities directly or
indirectly connected to the City's wastewater system shall be given to
authorized personnel of the City at all reasonable times including those
occasioned by emergency conditions. Any permanent or temporary obstruction to
easy access to the wastewater facility to be inspected shall promptly be
removed by the. faci 1 i ty user or owner at the wri tten or verbal request of the
Director of Public Services and shall not be replaced.
No person shall interfere with, delay, resist, or refuse entrance to an
authorized City inspector attempting to inspect any wastewater generation,
conveyance, or treatment facility connected directly or indirectly to the
City's wastewater system.
The City, through its representative or inspectors, shall have the right
to inspect and copy pertinent records relating to a permittee's wastewater
discharge or pretreatment operations including inventories, chemical usage,
materials sources, hazardous materials manifests and disposal records,
treatment and operations log books and materials invoices.
13.05.110 Recordino of Fees and CharGes. The Director of Public
Services shall keep a permanent and accurate account of all fees and charges
received under this chapter, giving the names and addresses of the persons on
whose account the fees and charges were paid, the date and amount thereof, and
the purpose for which charges were paid.
13.05.120 Estimated Quantities and Values. Unless otherwise provided
herein, whenever the fees and charges required by this chapter are based on
estimated values or estimated quantities, the Director of Public Services
shall make such determinations in accordance with established estimating
practices.
.
13.05.130 Approval of Plans and Issuance of Permits. The Director of
Public Services will approve plans for wastewater facilities construction,
approve issuance of a Permit for Industrial Wastewater Discharge or any other
permit under this ordinance only if it appears to the Director of Public
Services that the wastewater facilities construction, sewer connection,
industrial wastewater discharge, or other procedure conforms to the
requirements of this chapter.
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Ordinance No. 440
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All required fees and charges shall be paid before approval of plans or
issuance of a permit.
The approval of plans or the issuance of a permit shall not relieve the
discharger of any duty imposed upon him pursuant to this chapter.
13.05.140 Malicious Damaqe to City's Facilities. Any unauthorized
entering, breaking, damaging, destroying, uncovering, defacing or tampering
with any structure, equipment, or appurtenance which is a part of the City's
wastewater system shall be a violation of this chapter.
13.05.150 Waste Disposal - Permit Required. Any person, municipality,
sanitation district, or governmental agency desiring to discharge industrial
waste into a public sewer shall obtain a permit to discharge said wastes into
said system from the Director of Public Services known as a Permit for
Industrial Wastewater Discharge.
13.05.160 Permit for Industrial Wastewater Discharqe. The Permi t for
Industrial Wastewater Discharge may require pretreatment of industrial
wastewaters before discharge, restriction of peak flow discharges, discharge
of certain wastewaters only to specified sewers of the City, relocation of
point of discharge, prohibition of discharge of certain wastewater components,
restriction of discharge to certain hours of the day, payment of additional
charges to defray increased costs of the City of Poway created by the
wastewater discharge, and such other conditions as may be required to
effectuate the purpose of this chapter.
No person shall discharge industrial wastewaters in excess of the
quantity or quality limitations set by the Permit for Industrial Wastewater
Discharge. Any person desiring to discharge wastewaters or use facilities
which are not in conformance with the Industrial Wastewater Permit should
apply to the City of Poway Public Services Department for an amended Permit.
13.05.170 Discharqe Reports. The City may require that any person
discharging or proposing to discharge wastewater into a public sewer file a
periodic discharge report. The discharge report may include, but not be
limited to, nature of process, volume, rates of flow, mass emission rate,
production quantities, hours of operation, or other information which relates
to the generation of waste, including wastewater constituents and
characteristics in the wastewater discharge. Such reports may also include
the chemical constituents and quantity of liquid or gaseous materials stored
on site even though they may not normally be discharged. In addition to
discharge reports, the City may require information in the form of Industri~l
Wastewater Discharge Permit applications and self-monitoring reports.
In addition to the foregoing, the City may also require permittees to
provide baseline monitoring reports, compliance schedule reports and final
compliance reports.
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Ordinance No. 440
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13.05.180 Permit Application. Persons seeking an Industrial Wastewater
Discharge Permit shall complete and file with the Director of Public Services,
an application in the form prescribed by the Director of Public Services, and
accompanied by the applicable fees. The applicant may be required to submit,
in units and terms appropriate for evaluation, the following information:
1. Name, address and Standard Industrial Classification number of
appl icant;
2. Volume of wastewater to be discharged;
3. Wastewater constituents and characteristics including but not
necessarily limited to those mentioned in Section 13.06.270 as determined by a
laborãtory approved by the City;
4. Time and duration of discharge;
5. Average and 30 minute peak wastewater flow rates, including daily,
monthly, and seasonal variations if any;
6. Description of activities, facilities, and plant process on the
premises including all materials, processes, and types of materials which are
or could be discharged; and
7. Any other information as may be deemed by the Director of Public
Services to be necessary to evaluate the permit application.
The Director of Public Services will evaluate the data furnished by the
applicant and may require additional information. After evaluation and
acceptance of the data furnished, an on-site inspection of the waste discharge
system, treatment systems, or other systems relating to the waste discharge
mãy be required. The Director of Public Services may then issue an Industrial
Wastewater Discharge Permit subject to terms and conditions provided herein.
13.05.190 Permit Conditions. Industrial Wastewater Discharge Permits
shall be subject to all provisions of this chapter and all other regulations,
user chãrges, and fees established from time to time by resolution of the City
Council. The conditions of Industrial Wastewater Discharge Permits shall be
uniformly enforced by the Director of Public Services in accordance with this
chapter, and appl icable local, State, and Federal regulations.
13.05.200 Duration of Industrial Wastewater Discharqe Permits. Permits
shall be issued for a specified time period, not to exceed five (5) years. A
permit may be issued for a period less than a year or may be stated to expire
on a specific date. If the permittee is not notified by the Director of
Public Services 30 days prior to the expiration of the permit, the permit.
shall be extended one additional year. The terms and conditions of the permit
may be subject to modification and change by the City of Poway during the life
,- of the permit as limitations or requirements as identified in Section
13.05.270 are modified and changed. The permittee shall be informed of any
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Ordinance No. 440
Page 10
proposed changes in his permit at least 30 days prior to the effective date of
change. Any changes or new conditions in the permit shall include a
reasonable time schedule for compliance.
13.05.210 Transfer of an Industrial Wastewater Discharqe Permit or
ChanGed Use. Industrial Wastewater Discharge Permits shall be issued only for
specific use for a specific operation. Any sale, lease transfer or assignment
of the premises or operation for which the permit was issued shall require a
new permit to be issued. Any new or changed conditions of operation shall
require a new permit to be issued.
13.05.220 Revocation of Industrial Wastewater Discharqe Permit. The
Director of Public Services may revoke the permit of any permittee who is
found to be in violation of this chapter or applicable local, State, or
Federal regulations or who:
a. Fails to factually report the wastewater constituents and
characteristics of its discharge;
b. Fails to report significant changes in operations, or wastewater
constituents and characteristics;
c. Refuses reasonable access to the permittee's premises for the
purpose of inspection or monitoring; or
d. Violates conditions of the permit.
13.05.230 Industrial Wastewater Discharqe Permit Fee. An Industrial
Wastewater Discharge Permit fee will be collected annually from all
permittees. The permit fee will be estJblished periodically by a resolution
of the City Council; provided, however, that prior to considering any change
in said permit fee by resolution as aforesaid, a notice of the proposed change
shall be posted by the City Clerk at least ten (10) days prior to
consideration of such a resolution by the City Council.
13.05.235 Collection of Monitorinq Fees. Where monitoring services are
provided by either the City of Poway or an outside agency on the City's
behalf, the City of Poway shall assess the individual discharge permit holder
the actual costs incurred by the City of Poway in conjunction with the
monitoring and the administrative overhead for the management of the
pretreatment program.
13.05.240 Samplinq. Self-Monitorinq. and Flows. The Director of Public
Services shall require the permittee to provide results of periodic .
measurements of its discharge which is to include chemical analyses and flow.
The Director of Public Services may require a monitoring facility to be
furnished and operated at permittee's expense. All permittees making periodìc
measurements shall furnish and install at an appropriate location, a
calibrated flume, weir, flow meter, or similar device suitable to measure flow
rate and total volume approved by the Director of Public Services. In 1 ieu of
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Ordinance No. 440
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wastewater flow measurement, the Director of Public Services may accept
records of water usage and adjust the flow volume by suitable factors to
determine peak and average flow rates for the specific industrial wastewater
discharge. The monitoring facility should normally be situated on the
permittee's premises, but the Director of Public Services may, when such a
location would be impractical or cause undue hardship on the user, allow the
facility to be constructed in the public street or sidewalk area and located
so that it will not be obstructed by landscaping or parked vehicles. Whether
constructed on public or private property, the sampling and monitoring
facilities shall be provided in accordance with the Director of Public
Services requirements and shall be completed within ninety (90) days following
written notification by the Director of Public Services, unless a time
extension is granted by the Director of Public Services. Those permittees
required by the Director of Public Services to make periodic measurements of
industrial wastewater flows and constituents shall annually make the minimum
number of such measurements as required in the permit. When required by the
Director of Public Services, permittees shall install and maintain in proper
order automatic flow-proportional sampling equipment and/or automatic analysis
and recording equipment. Permittees shall allow the City or its
representative ready access at all reasonable times to all parts of the
premises for purposes of sampling or in the performance of any of their
duties. The Director of Public Services shall have the right to set up on the
permittee's property such devices as are necessary to conduct sampling or
metering operation. Where a permittee has security measures in force, the
permittee shall make the necessary arrangements with their security guards so
that upon presentation of suitable identification, personnel of the City shall
be permitted to enter without delay.
All sampling, analysis and flow measurement procedures, equipment,
results, and records shall be subject at any time to inspection by the
Director of Public Services.
13.05.250 Pretreatment. Permittees shall make wastewater acceptable
under the limitations established herein before discharging to any public
sewer. Any facilities required to pretreat wastewater to a level acceptable
to the Director of Public Services shall be provided and maintained at the
permittee's sole expense. Detailed plans, compliance schedules, and operating
procedures shall be submitted to the Director of Public Services for review
and shall be approved by the Director of Public Services before construction
of the facility. The review of such plans and operating procedures will in no
way relieve the permittee from the responsibility of modifying the facility as
necessary to produce an effluent acceptable to the Director of Public Services
under the provisions of this chapter. Any subsequent changes in the .
pretreatment facilities or method of operation shall be reported to and be
approved by the Director of Public Services. No permittee shall increase the
use of processed water or, in any way, attempt to dilute a discharge as a
partial or complete substitute for adequate treatment to achieve compliance
with any local, State, or Federal discharge standard.
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Ordinance No.440
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The Director of Public Services shall have the authority in negotiation
with any industrial permittee, to impose compliance schedules relating to
installation of specific pretreatment equipment, filing of reports, and
achievement of specific discharge conditions including target parameter
concentrations.
13.05.260 Protection from Accidental Discharqe. a. Each permittee
shall provide protection from accidental discharge of prohibited materials or
from other substances regulated by this chapter. Facilities to prevent
accidental discharge of prohibited materials shall be provided and maintained
at the permittee's own cost and expense.
b. In the case of an accidental discharge, it is the responsibil ity of
the permittee to immediately notify both the Director of Public Services of
the City of Poway and the City Manager of the City of San Diego of the
incident. The notification shall include location of discharge, type of
waste, concentration and volume, and corrective actions. Within five (5) days
following an accidental discharge, the permittee shall submit to the Director
of Public Services a detailed written report describing the cause of the
discharge and the measures to be taken by the permittee to prevent similar
future occurrences. Such notification shall not relieve the permittee of any
expense, loss, damages, or other liability which may be incurred as a result
of damage to the wastewater systems, fish kills, or any other damage to
persons or property; nor shall such notification relieve the permittee of any
fines, civil penalties, or other liability which may be imposed by this
chapter or other applicable law. A notice shall be permanently posted on the
permittee's bulletin board or other prominent place advising employees who to
call in the event of an accidental discharge. Permittees shall insure that
all employees who may cause, allow, or observe such an accidental discharge to
occur are advised of the emergency notification procedures.
13.05.270 Prohibited Discharqes. In most cases, the concentration or
amount of any particular constituent which will be judged to be excessive or
unreasonable cannot be foreseen but will depend on the results of technical
determinations and the actions of regulatory agencies. The 1 i st of
constituents which may be regulated provides specific limits only where they
are not reasonably well established. The other constituents in the list are
presented with the objective of enumerating the types of wastes which will be
regulated from time to time. No person shall discharge or cause to be
discharged to a public sewer, which directly or indirectly connects to the
City's wastewater system, the following:
a. Any gasol ine, benzene, naphtha, solvent, fuel oil, or any 1 iquid,
solid or gas that would cause or tend to cause flammable or explosive'
conditions to result in the wastewater system.
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Ordinance No. 440
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b. Any matter containing toxic or poisonous solids, liquids, or gases
in such quantities that, alone or in combination with other substances, may
create a health hazard for humans, animals, or the local environment,
interfere detrimentally with wastewater treatment processes, cause a public
nuisance, or cause any hazardous condition to occur in the wastewater system.
c. Any matter having a pH lower than 5.0 or having any corrosive or
detrimental characteristic that may cause injury to wastewater treatment or
maintenance personnel or may cause damage to structures, equipment, or other
physical facilities of the wastewater system.
d. Any solids or viscous substances or other matter of such quality,
size, or quantity that they may cause obstruction to flow in the sewer or be
detrimental to proper wastewater treatment plant operations. These
objectionable substances include, but are not limited to, asphalt, dead
animals, offal, ashes, sand, mud, straw, industrial process shavings, metal,
glass, rags, feathers, tar, wood, whole blood, manure, bones, hair and
fleshings, entrails, fatty acids, grease and oil, paper dishes, paper cups,
milk containers, or other similar paper products, either whole or ground.
e. Any rainwater, storm water, groundwater, street drainage,
subsurface drainage, roof drainage, yard drainage, water from yard fountains,
ponds, or lawn sprays, or any other uncontaminated water.
f. Any matter having a temperature higher than 150 degrees Fahrenheit
(65 degrees Celsius) or at a temperature which causes the influent to the
waste treatment plant to exceed 104 degrees Fahrenheit (26 degrees Celsius).
g. Any matter containing more than 500 mg/l of oil or grease.
h. Any strongly odorous matter or matter tending to create odors.
i. Any matter containing over 1.0 mg/l of dissolved sulfides.
j. Any matter with a pH high enough to cause alkaline incrustations
on sewer walls.
k. Any matter promoting or causing the promotion of toxic gases.
1. Any matter requiring an excessive quantity of chlorine or other
chemical compound used for disinfection purposes.
m. Any excessive amounts of deionized water, steam condensate, .
distilled water, or single pass cooling water.
n. Any radioactive matter, except:
1. When the person is authorized to use radioactive materials by
.- the State Department of Health or other governmental agency empowered to
regulate the use of radioactive materials; and
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2. When the matter is discharged in strict conformity with
current California Radiation Control Regulations (California Administrative
Code, Title 17), and the Nuclear Regulatory Commission regulations and
recommendations for safe disposal; and
3. When the person is in compliance with all rules and
regulations of all other applicable regulatory agencies.
o. Any matter producing excessive discoloration of the wastewater
treatment plant effluent.
p. Any toxic materials including, but not limited to, all heavy
metals, cyanide, phenols, chlorinated hydrocarbons, and other organic
compounds unless limited to that concentration which complies with all local,
State, and Federal discharge limitations, and which does not interfere with
the operation of the wastewater facilities.
13.05.280 Limitations on the Use of Garbaoe Grinders. Matter from
garbage grinders shall not be discharged into a public sewer except matter
generated in preparation of food normally consumed on the premises, or where
the permittee has obtained a permit for that specific use from the Director of
Public Services, and agrees to undertake whatever self-monitoring is required
to enable the Director of Public Services to equitably determine the sewer
service charges based on the waste constituents and characteristics. Such
grinders must shred the waste to a degree that all particles will be carried
freely under normal flow conditions prevailing in the public sewer. Garbage
grinders shall not be used for grinding plastic, paper products, inert
materials, or garden refuse.
13.05.290 Discharoe of Water Softener Brines Prohibited. No person
shall discharge into the public sewers any residual brine from commercial or
domestic water softening or purifying devices.
13.05.300 Limitations on Point of Discharoe. No person shall discharge
any substances directly into a manhole or other opening in a public sewer
other than through an approved sewer connection unless upon written
application and payment of the applicable charges and fees and the Director of
Public Services approves the issuance of a permit for such direct discharges.
13.05.310 Availabilitv of the City's Wastewater Facilities. If
wastewater facilities capacity is not available, the Director of Public
Services may require the industrial waste discharger to restrict his discharge
until sufficient capacity can be made available. When requested, the Director
of Public Services will advise persons desiring to locate new facilities as ~o
the areas where industrial wastewater of their proposed quantity and quality
can be received by available wastewater facilities. The Director of Public
Services may refuse service to persons locating facilities in areas where
their proposed quantity or quality of industrial wastewater is unacceptable in
the available treatment facil ity.
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Ordinance No. 440
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13.05.320 Discrepancies Between Actual and Reported Industrial
Wastewater Discharqe Permit Quantities. Should measurements or other
investigations reveal that the permittee is discharging a flow rate or a
quantity of flow, chemical oxygen demand, or suspended solids si9nificantly in
excess of that stated on the permit or in excess of the quantities reported to
the Director of Public Services by the permittee and upon which the sewer
service charge is based, the permittee shall apply for an amended permit and
shall be assessed for all delinquent charges together with penalty and
interest. Before these charges shall be assessed at least two additional 24-
hour samples and flow measurements shall be obtained by the Director of Public
Services with all costs of sampling and analyses to be paid by the permittee.
For the purpose of establishing the correct sewer service charge, the
data obtained in these samplin9s along with any other relevant information
obtained by the Director of Public Services or presented by the permittee
shall be used by the Director of Public Services in determining the quantity
parameters for use in determining the sewer service charge. A permittee who
violates this Section shall, in the absence of other evidence, be presumed to
have been discharging at the determined parameter values over the preceding
three years or since the Director of Public Services previous verification of
quantity parameters, whichever period is shorter.
13.05.330 Records Retention. All permittees subject to this division of
this chapter shall retain and preserve for not less than three (3) years, any
records, books, documents, memoranda, reports, correspondence, and any and all
summaries thereof relating to monitoring, sampling, and chemical analyses made
by or on behalf of a permittee in connection with its discharge. All records
which pertain to matters which are the subject of administrative action or any
other enforcement or litigation activities brou9ht by the City shall be
retained and preserved by the permittee until all enforcement activities have
concluded and all periods of limitation with respect to any and all appeals
have expired.
13.05.340 Validity. If any provision of this chapter or the application
thereof to any person or circumstance is held invalid, the remaining portions
of the chapter and the application of such provisions to other persons or
circumstances are to be considered valid.
Section 2.
Sections 13.04.110 through 13.04.130 are hereby rescinded.
EFFECTIVE DATE: This ordinance shall take effect and be in force thirtt
(30) days after the date of its passage; and the City Clerk of the City of
Poway is hereby authorized to use summary publication procedures pursuant to
Government Code Section 36933 utilizing the Poway News Chieftain, a newspaper
of general circulation published in the City of Poway.
_.
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Ordinance No. 440
Page 16
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 13th day of December, 1994, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 3rd day of January,
1995, by the following roll call vote:
AYES:
NOES:
ABSENT:
Don Higglnson, Mayor
ATTEST
MarJorie K. Wahlsten, City Clerk
.
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