(a) 
Any Class III users subject to federal categorical standards, or any Class III users at the discretion of the Director of Utilities, as well as all Class IV users, shall be required to install and maintain monitoring facilities to allow inspection, sampling and/or measurements of the building sewer or plumbing systems and may also be required to provide, install and operate sampling and/or metering equipment at the user's expense. These facilities shall be normally situated on the user's premises.
(b) 
When one or more user can discharge into a common side sewer, the Director of Utilities may require installation of a separate monitoring facility for each user. Also, when in the judgment of the Director of Utilities, there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the Director of Utilities may require that separate monitoring facilities be installed for each separate discharge.
(c) 
If the monitoring facility is inside the user's fences, there shall be accommodations to allow access for City personnel such as a gate secured with a City lock. There shall be ample operating area in or near such sampling points and equipment to allow accurate sampling and compositing of samples for analysis. The user shall assure that access and sampling and measuring equipment are maintained in a safe and proper operating condition at all times at no expense to the City.
(d) 
The sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable construction standards, safety devices and specifications. Construction shall be completed within 90 days following written notification to do so by the City.
(Prior Code § 20-52(B)(3)(d); Ord. 83-1054 § 1, eff. 6/16/83; Ord. 2005-01, eff. 3/3/05)
(a) 
The City shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, copying or in the performance of any of their duties.
(b) 
The City, approval authority and, where the NPDES state is the approval authority, EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(Prior Code § 20-52(B)(3)(d); Ord. 83-1054 § 1, eff. 6/16/83; Ord. 90-28 § 1, eff. 1/3/91)
(a) 
Upon adoption of the revenue program, all Class III users and all Class IV users subject to federal categorical standards which require self-monitoring or as required at the discretion of the Director of Utilities shall be required to conduct a self-monitoring program to demonstrate that the terms and conditions of his permit are being met and to establish appropriate user charges. Class III and Class IV users shall sample according to the terms of their discharge permit, and according to applicable federal standards.
(b) 
The samples shall be analyzed for BOD, suspended solids and other constituents and characteristics as stated in the permit. Samples shall be analyzed in accordance with 40 CFR 136 as discussed in Section 8-12.909 of this article and by a laboratory approved by the Director of Utilities. The City may conduct the monitoring program at the request of the user and the approval of the Director of Utilities. All costs for sampling and analysis shall be borne by the user.
(c) 
Class IV users shall submit a monthly summary of the self-monitoring program to the Director of Utilities by the fifteenth day of the month following the month of report. Class III users subject to federal standards requiring self-monitoring shall submit the results of their monitoring program twice per year in June and December to the control authority or more frequently according to the terms of 40 CFR 403.12(e)(1). The summary shall include results of all analyses, records of flow from metering facilities, comments regarding accidental spills, malfunctioning of pretreatment devices, and any other information pertaining to the terms and conditions of the permit, and required by applicable federal categorical standards.
(d) 
In addition to any other requirement of this Code, all industrial users shall provide notice of changes in substances or wastes discharged into a community sewer as follows:
(1) 
To the Environmental Protection Agency, Regional Water Quality Control Board and City (as specified in Section 8-12.905(c)) when the substance would, if otherwise disposed of, be a hazardous waste;
(2) 
To the City as specified in Section 8-12.707(b) when the user will make a change in its discharge of wastes, including hazardous waste.
(Prior Code § 20-52(B)(3)(e); Ord. 83-1054 § 1, eff. 6/16/83; Ord. 90-28 § 1, eff. 1/3/91; Ord. 2005-01, eff. 3/3/05)
Class III and Class IV users shall treat wastewater to make it acceptable under limitations established in this chapter before discharging it to any community sewer. Facilities required to pre-treat, sample, monitor and test wastewater to a level acceptable to the Director of Utilities or to meet federal categorical standards shall be provided and maintained at the user's expense. Detailed plans showing the facilities, describing operating procedures and proposing a compliance schedule shall be submitted to the Director of Utilities for review and, if found acceptable, will in no way relieve the user from the responsibility of meeting a compliance schedule specified by the Director of Utilities and of modifying the facility as necessary to produce an effluent acceptable to the Director of Utilities under this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be at the user's expense and reported to and be acceptable to the Director of Utilities.
Class III and Class IV users who install a new or replace an existing on-site regeneration water softener shall install a unit with regeneration initiated by demand control.
(Prior Code § 20-52(B)(3)(f); Ord. 83-1054 § 1, eff. 6/16/83; Ord. 90-2 § 2, eff. 3/22/90; Ord. 90-28 § 1, eff. 1/3/91; Ord. 2005-01, eff. 3/3/05)
(a) 
Class III and Class IV users shall provide at their expense facilities for the protection from accidental discharge of prohibited materials or other wastes regulated by this Chapter. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Director of Utilities for review at the time of permit application and shall be acceptable to the Director of Utilities before construction of the facility.
(b) 
The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as required by the Director of Utilities to provide protection necessary to meet requirements of Articles 5, 6 and 7 and this article.
(c) 
Within 24 hours following an accidental discharge, the user shall notify the Utilities Department Regulatory Compliance Division at, (805) 925-0951 ext. 7270. Within five days after the occurrence, the user shall submit to the Director of Utilities a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this Chapter or other applicable law.
(Prior Code § 20-52(B)(3)(g); Ord. 83-1054 § 1, eff. 6/16/83; Ord. 90-28 § 1, eff. 1/3/91; Ord. 2005-01, eff. 3/3/05; Ord. 2019-09, eff. 12/19/19)
(a) 
All information and data on a user obtained from reports, questionnaires, permit application, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, proprietary data, processes or methods which would be detrimental to the user's competitive position.
(b) 
When requested by the person furnishing a wastewater discharge report, the portions of the report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, State disposal system permit and/or the pretreatment programs, and for use by the State or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(c) 
Information accepted by the City as confidential shall not be transmitted to any governmental agency or to the general public by the City until and unless prior and adequate notification is given to the user.
(Prior Code § 20-52(B)(3)(h); Ord. 83-1054 § 1, eff. 6/16/83)
Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Director of Utilities a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.
(Prior Code § 20-53(A); Ord. 83-1054 § 1, eff. 6/16/83; Ord. 2005-01, eff. 3/3/05)
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Director of Utilities during the months of June and December, unless required more frequently in the pretreatment standard or by the Director of Utilities, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported as required in this chapter. The report shall be signed by an authorized representative of the industrial user, and certified to, by a qualified professional. At the discretion of the Director of Utilities and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Director of Utilities may agree to alter the months during which the reports required in this section are to be submitted.
(Prior Code § 20-53(B); Ord. 83-1054 § 1, eff. 6/16/83; Ord. 90-28 § 1, eff. 1/3/91; Ord. 2005-01, eff. 3/3/05)
(a) 
The Director of Utilities may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Section 8-12.908 shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Director of Utilities, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304 (g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.
(b) 
Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.
(Prior Code § 20-53(B)(2); Ord. 83-1054 § 1, eff. 6/16/83; Ord. 2005-01, eff. 3/3/05)
(a) 
The City will comply with the public participation requirements of 40 CFR Part 25 in the enforcement of national pretreatment standards. These procedures shall include provisions for at least annually providing public notification, in the largest daily newspaper published in the municipality in which the POTW is located, of industrial users which, during the previous 12 months, were significantly violating applicable pretreatment standards or other pretreatment requirements. For the purposes of this provision, a significant violation is a violation which remains uncorrected 45 days after notification of noncompliance, which is part of a pattern of noncompliance over a 12 month period, which involves a failure to accurately report noncompliance or which resulted in the POTW exercising its emergency authority under Section 11403.8(f)(1)(iv)(B) of the Act.
(b) 
All information submitted to the City pursuant to this chapter which is not considered confidential information by Section 8-12.906 of this article shall be public information. All effluent data is to be considered public information.
(Prior Code § 20-54(A, B); Ord. 83-1054 § 1, eff. 6/16/83)
The City may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the City Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the City Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer or a corporation. Public notification in the City's largest daily newspaper shall also be made no later than four days before the hearing, so that interested parties may attend.
(Prior Code § 20-54 (C); Ord. 83-1054 § 1, eff. 6/16/83)
(a) 
The City Council may itself conduct the hearing provided for in Section 8-12.911 and take the evidence, or may designate any of its members or any officer or employee of the assigned department to:
(1) 
Issue in the name of the City Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(2) 
Take the evidence;
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.
(b) 
At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(Prior Code § 20-54(C)(1)—(3); Ord. 83-1054 § 1, eff. 6/16/83)
After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(Prior Code § 20-54(C); Ord. 83-1054 § 1, eff. 6/16/83)