HomeMy WebLinkAboutMC-1010
Adopted:
Effective:
November 17, 1997
December 18, 1997
1
ORDINANCE NO MC- 101O
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING CHAPTER 1332 OF THE SAN BERNARDINO MUNICIPAL CODE
3 ENTITLED WASTEWATER FACILITIES TO REVISE
INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,
4 TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE
WASTEWATER STANDARDS, TO REVISE PENALTIES FOR
5 VIOLATION OF DISCHARGE STANDARDS AND TO MAKE
VARIOUS TECHNICAL CORRECTIONS
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7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO do
8 hereby ordain as follows.
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SECTION 1
Chapter 13 32 of the San Bernardino Municipal Code is hereby amended to read as
11 follows:
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I.
PREAMBLE
1332.010 Findings
1332.020 Payment for Expansion of Public Sewers andlor Wastewater
Treatment Faeilities
13 32.030 Pretreatment or Equalization Facilities
13 32.040 Setting of User Charges
13.32.100 Purpose and Policy
13 32.105 Definitions and Abbreviations
II. GENERAL PROVISIONS
13.32.200 Administration
13.32.205 Authorization for New or Increased Pollutant Discharges or
Changes in the Nature of Pollutant Discharges
1332.207 Record Keeping
13 32.210 General Discharge Prohibitions
1332.211 Specific Discharge Prohibitions
1332.215 Prohibition Against Discharging Solid or Fluid Material to
Watercourses
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September 8, 1997
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTlTlEDWASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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13 32.220 Prohibition Against Discharging Pollutants to the Ground
13 32.222 Point of Discharge Limits
13 32.223 Prohibition Against Dilution
1332.225 Special Restrictions, Vehicle Servicing Facilities
13.32.230 Restrictions on Water-Softening Wastes
13.32.231 Inspection of Water-Treating Apparatus
13 32.235 Special Restrictions, Food Processing Facilities
13 32.237 Conditional Waivers
13.32.240 Specific Local Discharge Limits
13.32.242 Prohibition on Disposal of Spent Solutions and Sludges
1332.243 Prohibition on Discharge of Medical Waste
13 32.245 Categorical Pretreatment Standards
1332.247 Mass Emission Rates
13 32.250 Pretreatment
1332.252 Prohibited Diseharge of Recovered Pretreatment Wastes
13.32.253 Gravity Separation Interceptor
13 32.255 Monitoring Facilities
13 32.257 Flow Metering Facilities
13.32.260 Inspection and Sampling
1332.262 Sampling and Analysis - Fee - Billing
13 32.265 Confidential Information
13 32.267 Industrial User Survey
13.32.270
Reporting Changes in
Slug Loading, and
Problems
Discharge,
Potential
1332.272 Notification of Bypass
13.32.275 Annual Public Notice of Significant Noneompliance
1332.280 Damage to City's Equipment or Facilities
1332.282 Compensation for Unauthorized Discharges
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September 8, 1997
Me-1010
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VtOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 13 32.286 City's Right of Revision
2 13 32.295 Interpretation
3 1332.296 Severability
4 III. PERMITS
5 13 32.300 Wastewater Discharge Permits
6 13 32.305 Permit Applications
7 13.32.310 Permit Modifieations
8 1332.315 Permit Contents
9 1332.320 Permit Duration
10 13 32.325 Permit Transfer
11 13 32.330 Reporting Requirements
12 1332.335 Spill Containment Facilities
13 1332.340 Signatory and Certification Requirements
14 IV ENFORCEMENT
15 13.32.400 Enforcement, General
16 1332.401 Notification of Violation
17 1332.402 Compliance Time Schedules
18 13 32.403 Administrative Orders
19 13.32.404 Compliance Orders
20 13.32.405 Cease and Desist Order
21 1332.406 Determination of Noncompliance with Discharge Limits
22 13 32.407 Noncompliance Monitoring Program
23 13 32.408 Permit Suspension or Revocation
24 13.32.410 Termination of Service
25 1332.415 Emergency Suspension of Service
26 1332.416 Publie Nuisanee
27 1332.417 Criminal Penalties
28 1332.419 Search or Inspeetion Warrants
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50246_1 September 8, 1997
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO. CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENAL TIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTiONS
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13.32.420 Legal Action
1332.425 Civil Penalties
13.32.427 Appeals to the Common Council
13.32.428 Financial SecuritylAmendments to Permit
1332.430 Enforcement Response Plan
1332.440 Notice of Discharge Prohibition
1332.445 Industrial Waste Pass Through or Interference
13 32.450 Publication of Violation
1332.460 Reeovery of Costs Incurred by City
1332.470 Judicial Review
V CONNECTION PERMITS AND CHARGES
13 32.500
13.32.505
13.32.510
13 32.520
13 32.530
1332.535
1332.580
VI. ADOPTION
1332.600
13 32.605
Compliance Required Prior to Issuance of Certificate of
Occupancy
Connection Required
Connection Permit Required
Charges - Payment of Base Charges
Charges - Industrial Wastewater Discharge Permit
Payments
Construction of Extension to Public Sewer
Effective Date - Annexations
Effective Date - City of San
Bernardino and Unincorporated
Portions of San Bernardino County
Served by the San Bernardino
POTW
1332.610 Conflicts
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September 8. 1997
Me-lO 1O
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA. AMENDING CHAPTER 1332 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM. TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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PREAMBLE.
13.32.010 Findinas.
A. The wastewater facilities of the City discharge treated effluent to the Santa Ana
River Bed This effluent can affect the quality of stream flow in the river and
the quality of the receiving groundwaters.
B Existing federal and state laws and regulations establish limits on the nature
of all effluent diseharged to waterways, to the surface, or underground
C The California Regional Water Quality Control Board ("CRWQCB"), Santa Ana
Region, has established limits on the concentration of selected biological and
chemical constituents of the effluent discharged by the City These limits are
set forth in orders duly adopted by the CRWQCB
D In order to comply with the requirements contained in those orders, the City
must regulate the content of wastes discharged into its Public Sewers andlor
Wastewater Treatment Facilities. This Chapter establishes requirements for
discharges into the Public Sewer andlorWastewaterTreatment Facilities of the
City in order to enable the City to comply with the administrative provisions of
the Clean Water Grant Regulations, the requirements of the CRWQCB with
regard to effluent limits, national standards of performance, and with other
criteria required or authorized by federal or state legislation. (Ord. 369391,
1977)
E. That the Municipal Water Department has undertaken and completed specific
financial studies relating to the capital needs, as well as the operation and
maintenanee needs of the facilities and system, and
F That the financial requirements of the Municipal Water Department, as shown
in the current reports prepared by Staff and Consultants, are based on current,
reliable information and data relating to population projections, wastewater flow
and capital facilities needs and are expected to be realized in each year of the
report, and
G. That the revenues derived under the provisions of this Ordinance will be used
forthe acquisition, construction, reconstruction, maintenance and operation of
the sewage collection, wastewater treatment and disposal facilities of the
Municipal Water Department; to repay principal and interest on debt
instruments, or to repay federal and state loans issued for the construction and
reconstruction of said sewerage facilities, together with costs of administration
and provisions for necessary reserves, and
H. That the need for upgraded and improved treatment of all wastewater
collection, treatment and disposal facilities is required to protect the public
health and safety, and to preserve the environment without damage, and
That the eharges established and levied by this Ordinance are to allow the
Municipal Water Department to recover the reasonable costs to provide a
service to individual parcels of real property which have been improved for any
of multiple types of uses. The basis for the respective charge is the request of
the owner of a parcel, for the benefit of himlherself or the oceupants of the
property, to receive a service based upon actual use, consumption and
disposal of water to the Municipal Water Department's system in lieu of
disposal by other means, and
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September 8, 1997
Me-lOl0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 1332 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOlATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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That the adoption of this Ordinance is statutorily and categorically exempt
under the California Environmental Quality Act from further environmental
assessment pursuant to the provisions of the California Public Resources Code
section 21080(b)(8) and Title 14, California Code of Regulations, sections
15273(a), 15301, 15302, 15303, 15307, 15308, 15309, and 15321
4 13.32.020 Payment for Expansion of Public Sewers andlor Wastewater Treatment
5 Facilities. The Publie Sewer andlorWastewater Treatment Facilities of the City require, from
6 time to time, expansion of the Public Sewer system. Where such expansion benefits only
7 a limited area, the eost of the expansion should properly be borne by those properties or
8 property owners direetly benefiting This Chapter contains the policy regarding payment for
9 construction of and acceptance of such expansion. (Ord 3693 92, 1977)
10 13.32.030 Pretreatment or Eaualization Facilities. In order to ensure proper operation
11 of the Public Sewers andlor Wastewater Treatment Facilities, certain pretreatment facilities
12 for wastewater diseharging to the wastewater facilities may be necessary This Chapter
13 contains regulations concerning these appurtenances. (Ord. 3693, 93, 1977)
14 13.32.040 Settina of User Charaes. This Chapter provides for the setting of User
15 charges and fees for the equitable distribution of all eosts of financing, maintaining and
16 operating the system and developing the necessary reserve funds to ensure future operation
17 of the system. These charges and fees are in accordance with good engineering and fiscal
18 practices and comply with all applieable governmental regulations regarding the operation
19 of the Public Sewers andlor Wastewater Treatment Facilities of the City (Ord. 3693 94,
20 1977)
21 13.32.100 Purpose and Policv This Ordinance sets forth uniform requirements for
22 all Users of the San Bernardino Wastewater collection and treatment system which system
23 serves the City of San Bernardino This Ordinance enables the City to comply with all
24 applieable State and Federal laws required by the Clean Water Aet of 1977 and amendments
25 thereto and the General Pretreatment Regulations (40 CFR Part 403).
26 The objectives of this Ordinance are:
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To prevent the introduction of Pollutants into the Wastewater system whieh
may interfere with the operation of the system or contaminate the resulting
sludge,
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September 8, 1997
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SE\tV'ER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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28 II I II
To prevent the introduction of Pollutants into the Wastewater system which
may pass through the system, inadequately treated, into surface waters,
groundwaters, the atmosphere, or otherwise be incompatible with the system;
To improve the opportunity to recycle and reclaim Wastewaters and sludges
from the system, and
o To provide for equitable distribution of the cost of the Wastewater system.
B
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This Ordinance shall apply to all Users of the Publicly Owned Treatment Works
("POTW") The Ordinance provides for regulation through issuanee of Permits to certain
nondomestic Users and enforcement of general requirements for the other Users The
Ordinance also authorizes monitoring, compliance and enforcementactivities, User reporting,
establishes administrative review procedures, and provides for the setting of fees for the
equitable distribution of costs for sewer service.
13.32.105 Definitions and Abbreviations.
A. Unless the context specifically indicates otherwise, the following terms and
phrases used in this Ordinance shall have the meanings hereinafter designated:
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Act or "the Act" The Federal Water Pollution Control Act, also known
as the Clean Water Act, as amended, 33 US C 1251, et seq.
Pursuant to California Water Code 913370 et seq., the State is
authorized to implement the provisions of the Act.
Applicant. Any Person desiring to create a new or revised discharge of
Nondomestic Wastewater
2.
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Approved Analvtical Methods. The sampling referred to in 40 CFR Part
403, Appendix E, and analysis of samples so collected, shall be
performed in accordaneewith the techniques preseribed in 40 CFR Part
136 and amendments thereto. Where 40 CFR Part 136 does not
contain sampling or analytieal techniques for the Pollutant in question,
or where the EPA determines that the Part 136 sampling and analytical
techniques are inappropriate for the Pollutant in question, sampling and
analysis shall be performed using other sampling and analytical
procedures approved by the City and the EPA.
Authorized Representative of Industrial User An authorized
representative of an Industrial User may be.
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A Responsible Corporate Officer, if the User submitting required
reports is a eorporation,
A general partner or proprietor if the User submitting the required
reports is a partnership or sole proprietorship respectively;
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September 8, 1997
Me-tOtO
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENAL T!ES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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c. The person in responsible charge, if the User is a governmental
agency;
d. An individual with the same authority as stated in 1, 2, and 3 if
the individual is responsible forthe overall operation of the facility
from which the discharge originates.
If authorization under this definition is no longer accurate because a
different individual or position has responsibility for the overall operation
of the faeility, or overall responsibility for environmental matters for the
company, a new authorization satisfying the requirements of Item 4 of
these definitions shall be submitted to the City prior to or together with
any reports to be signed by the new authorized representative.
5 Biochemical Oxyqen Demand (BOD) The quantity of oxygen
(expressed in mg/l), required to biochemically oxidize the organic
material in a Wastewater sample over a five-day period at 20 degrees
centigrade.
6. BMR. Baseline Monitoring Report.
7 Board The City of San Bernardino Board of Water Commissioners.
8 BOD Biochemical Oxygen Demand (five-day) See definition under
"Biochemical Oxygen Demand."
9 Buildinq Official. The Director of Planning and Building Services, his
authorized representative, or any City Officer who is subsequently
empowered to assume the duties of the Building Official.
10 Bypass. The intentional diversion of waste streams from any portion of
a User's pretreatment facilities.
11 Cateqorical Industrial User An Industrial User who is subject to
promulgated Categorical Standards.
12. Cateqorical Pretreatment Standard or Cateqorical Standard. Any
regulation eontaining Pollutant discharge limits promulgated by EPA in
accordance with sections 307 (b) and (c) of the Act (33 U S C Section
1317) which apply to a specific category of Users and which appear in
40 CFR Chapter I, Subchapter N, Parts 405-471, as it exists and as it
may be amended.
13 CFR. Code of Federal Regulations.
14 Chemieal Oxyqen Demand (COD) The quantity of oxygen (expressed
in mg/l) required to chemically oxidize the contents of a Wastewater
sample under specific conditions of oxidizing agent, temperature, and
time.
15 .Qtly The City of San Bernardino acting through its elected officials and
authorized representatives.
16 Class I User A Categorical Industrial User
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September 8, 1997
Me-lOl0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOlATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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17 Class II User A Non-Categorieal Significant
Industrial User
18 Class III User A Non-Significant Industrial User
19 Class IV User A Temporary Industrial User
20 Class V User A Wastehauler
21 COD Chemical Oxygen Demand See definition under "Chemical
Oxygen Demand."
22. Complianee Time Schedule (CTS) A formal timetable issued by the
Director for Users to achieve compliance with the provisions of this
Chapter andlor a Wastewater Diseharge Permit. Each Compliance
Time Schedule shall contain milestone dates as well as a final
compliance date.
23 Composite Sample. A sample which is collected from a Wastewater
discharge at selected intervals over a time period of twenty-four hours.
A composite sample may be collected using automatic continuous or
discrete sampling equipment, or by manually collecting a minimum of
four grab samples. When specified by the Director, composite samples
shall be collected in a manner which is proportional to the flow rate of
the discharge.
24 Constituent. Any physical, chemical, or microbiological component or
parameter of water or Wastewater which can be quantified using
Approved Analytical Methods.
25 Countv The County of San Bernardino or the Board of Supervisors of
the County of San Bernardino.
26. Director The Director of Water Reclamation, or his authorized
representative, or any City officer who subsequently is empowered to
assume or sueceed to the duties of the Director
27 Discharaer Any person who, direetly or indirectly, causes or
contributes to a discharge into the POTW
28 Discharae to the Ground The discharge of Wastewater to or into the
soil which is not contained in an impermeable facility approved by the
Director
29 Domestic Liauid Waste. Septic or chemical toilet waste which is
domestic wastewater eonfined in a septic tank or other approved
detention ehamber not connected to the sanitary sewer system.
30 Domestic Wastewater Water bearing wastes from residences and
other Premises resulting from personal use of water for ordinary living
processes of humans and of such a character as to permit satisfactory
disposal, without special treatment, into the POTW
31 Effluent. The treated Wastewater flowing from the Wastewater
Treatment Facilities, or the Nondomestic Wastewater discharged by an
Industrial User, to the POTW
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September 8. 1997
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13_32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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32. Enaineer The Director of Publie Works/City Engineerofthe City or his
authorized representative or deputy
33 Environmental Protection Aaencv (EPA). The United States
Environmental Protection Agency or , where appropriate, the term may
also be used as a designation for the Administrator or other duly
authorized official of the agency
EPA. Environmental Protection Agency
"Environmental Protection Agency"
35. Exchanae-Tvpe Water Conditionina Eauipment. Water eonditioning
equipment that is removed for regeneration from the Premises at which
it is normally operated to a commercial regeneration facility
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See definition under
36 Federal Reaulations. Any applicable provision of the Act as amended
and any regulation promulgated by the EPA under Title 40 CFR
implementing the Act.
37 Food Processina Facilities. Those wholesale or retail facilities which
handle, process or prepare food stuffs intended for human and/or
animal consumption.
38 Grab Sample. A sample which is eolleeted from a Wastewater
discharge, without regard to the flow in the wastestream, over a period
of time not exceeding fifteen minutes.
39 Gravitv Separation Interceptor (or Grease Interceptor) A detention
chamber designed to remove oil and grease, and solids from
Wastewater before discharge to the POTW and whieh detention
chamber is acceptable to the Director
40 Grease. See definition under "Oil and Grease."
41 Hazardous Substance. Any substance which is toxic, explosive,
corrosive, flammable or an irritant, or which generates pressure through
heat or decomposition including but not limited to, any substance
determined to be a toxie or hazardous substance pursuant to Seetion
307 and 311 (b )(2) of the Clean Water Act, 33 U S.C , Section 1251, et
seq., or its implementing regulations at 40 CFR Parts 116 and 129; any
substance classified as a hazardous substance pursuant to California
Water Code Section 13050(p) and; any imminently hazardous chemical
substance subject to regulation under the Toxic Mixtures or Substances
Control Act, 15 U S C , Section 2601, et seq.
42. Hazardous Waste. Any Hazardous Substance which is either the
resultant andlor intermediate or final by-product of any process.
43. Industrial User (IU) Any Non-Residential User who discharges
Nondomestic Wastewater to the POTW
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September 8,1997
Me-l0l0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SE\lVER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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44 Industrial Wastewater The same as Nondomestic Wastewater
45 Instantaneous Maximum Allowable Discharae Limit. The maximum
concentration of a Pollutant allowed to be discharged at any time,
determined from the analysis of any diserete or composited sample
eolleeted independent of the industrial flow rate and duration of the
sampling event.
46 Interference Shall mean a discharge which, alone or in eonjunction
with a discharge or discharges from other sources, both.
a. Inhibits or disrupts the POTW, its treatment processes or
operations, or its sludge proeesses, use or disposal; and
b Causes a violation of any requirement of the POTW's NPDES
permit (including an increase in the magnitude or duration of a
violation) or of the prevention of Sewage sludge use or disposal
in complianee with the following statutory provisions and
regulations or permits issued thereunder (or more stringent State
or local regulations): Section 405 of the Clean Water Act, the
Solid Waste Disposal Act (SWDA) (ineluding Title II, more
commonly referred to as the Resource Conservation and
Recovery Act (RCRA), and including State regulations contained
in any applicable State sludge management plan prepared
pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic
Substances Control Act, and the Marine Protection, Research
and Sanctuaries Act.
47 I.. Liter
48. LEL. (Lower Explosive Limit). See definition under "Lower Explosive
Limit."
49 Lower Explosive Limit (LEU The minimum concentration of a
combustible gas or vapor in the air which will ignite if an ignition source
is present.
50 Manaaer The General Manager of the City Water Department, or his
authorized representative, or any City officer who subsequently is
empowered to assume or succeed to the duties of said Manager
51 Mass Emission Rate. The mass of material discharged to the POTW
during a given time interval. Unless otherwise specified, the mass
emission rate shall be expressed in pounds per day of a particular
constituent or combination of constituents.
52. Mav is permissive
53. MBAS Methylene Blue Activated Substances.
54 Medical Waste. Isolated wastes, infectious agents, human blood and
blood products, pathological wastes, sharps, body parts, fomites,
etiologic agents, contaminated bedding, surgical wastes, potentially
contaminated laboratory wastes, dialysis wastes, hypodermic needles,
syringes, instruments, utensils or any other paper or plastic items of
disposable nature used for medically related purposes. The term
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September 8. 1997
Me-10l0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO. CAlIFORN!A, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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"Medical Waste" shall exelude de minimus amounts of wastes, human
blood and paper items of a disposable nature associated with Domestic
Wastewater discharges.
55 Munieipal Water Department. The Municipal Water Department of the
City of San Bernardino.
56 Mg. Milligrams.
57 Milliqrams per liter (mq/l). Shall mean unit of the concentration of water
or Wastewater constituent. It is 1 gram of the constituent in 1,000 liters
of water
58 National Pollutant Discharqe Elimination Svstem (NPDES) Permit. The
permit issued pursuant to Section 402 of the Act (33 U S.C 1342) for
the City's POTW treatment plant.
59 New Source Those sourees defined in 40 CFR 403 3(k), as it may be
revised or amended
60 Non-Cateqorical Siqnificant Industrial User A Significant Industrial User
who is not subject to promulgated Categorical Standards.
61 Non-Contact Coolinq or Heatinq Water Water discharged from any use
which has no direct contact with any raw material, intermediate or final
product, and to which the only Pollutant added is heat.
62. Nondomestic Wastewater All Wastewater except Domestic
Wastewater, Domestic Liquid Waste and Unpolluted Water as defined
herein. Nondomestic Wastewater shall include, but not be limited to,
Wastewater resulting from industrial, commercial, producing,
manufacturing, processing, institutional, governmental, and agricultural
operations, and brine Wastewater resulting from the regeneration of
water conditioning devices. Except as set forth in this definition, all
liquid Wastewater hauled by truck, rail, or any other means shall also be
considered as Nondomestic Wastewater, regardless of the original
source of the wastes.
63 Non-Siqnificant Industrial User (NSIU). Any Industrial User who is not
a Significant Industrial User
64 NPDES National Pollutant Discharge Elimination
System.
65 NPDES Permit. National Pollutant Discharge Elimination System
Permit. See definition under "National Pollutant Discharge Elimination
System (NPDES) Permit."
66. Oil and Grease Any of the following in part or in combination.
a. Petroleum derived products, e.g., oils, fuels, lubrieants, solvents,
b Vegetable derived products, e.g., oils, shortenings, soluble
cutting oils;
c. Animal derived products, e.g., fats, greases, oils, lard.
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September 8. 1997
Me-l01O
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTiTlED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM. TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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67 Pass ThrouQh. A discharge which exits the POTW into waters of the
State in quantities or coneentrations which, alone or in conjunction with
other discharges, causes a violation of any requirement of the POTW's
NPDES Permit (including an increase in the magnitude or duration of a
violation).
68 Permittee. Any User which is issued a Permit to discharge to the
POTW pursuant to Sections 13 32.300 et seq of the San Bernardino
Municipal Code
69 Person. Any individual, partnership, eo-partnership, firm, company,
corporation, association, joint stock company, trust, estate,
governmental entity or any other legal entity, or their representatives,
agents, or assigns.
70 Q..I:! The logarithm (base 10) of the reciprocal of the concentration of
hydrogen ions, as analyzed in accordance with Approved Analytical
Methods. pH represents both acidity and alkaline on a scale ranging
from 0 to 14 where 7 represents neutrality, numbers less than 7
increasing aeidity and more than 7 increasing alkaline.
71 Pollutant. Any eonstituent or characteristic (including but not limited to
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor) of
Wastewater on which a discharge limit may be imposed either by the
City or regulatory bodies empowered to regulate the POTW; and any
dredged spoil, solid waste, incinerator residue, filter backwash, Sewage,
garbage, Sewage sludge, munitions, Medical Wastes, ehemical wastes,
biological materials, radioactive materials, heat, wrecked or discharged
equipment, rock, sand, cellar dirt, and industrial, municipal, and
agricultural wastes.
72. Pollution. The man-made or man-induced adverse alteration of the
chemieal, physical, biological, or radiological integrity of water
73. POTW Publicly Owned Treatment Works. See definition under
"Publicly Owned Treatment Works."
74 POTWTreatment Plant. The portion of the POTWdesigned to provide
treatment to Wastewater
75 Premises. A parcel of real estate including any improvement thereon
whieh is determined by the Manager to be a single user for purposes of
receiving, using, and paying for services.
76 Pretreatment or Treatment. The reduction of the amount of Pollutants,
the elimination of Pollutants, or the alteration of the nature of Pollutant
properties in Wastewater to a less harmful state prior to or in lieu of
diseharging or otherwise introducing such Pollutants into a POTW The
reduction or alteration can be obtained by physical, ehemical, or
biological processes, or process changes of other means, except, as
prohibited by 40 CFR Section 403.6(d), use of dilution.
77 Pretreatment Requirement. Any substantive or procedural pretreatment
requirement, other than a Pretreatment Standard, imposed on an
Industrial User
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODe ENTITLED WASTEWATER
FAC!L1TIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM. TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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78 Pretreatment Standard. Any regulation containing Pollutant discharge
limits or prohibitions promulgated by EPA or the City, applicable to
Industrial Users, including promulgated Categorical Standards; National
Prohibitive Discharge Standards developed pursuant to Section 307(b)
of the Act and 40 CFR 403.5, general diseharge prohibitions contained
in Section 13 32.210 herein, and any specific local discharge limits
established by the City
79 Pretreatment Wastes. All wastes liquid or solid, removed from a waste
stream or discharge by physical, chemical, or biologieal means.
80 Public Sewer Any sewer which eollects Domestie andlor Nondomestic
Wastewater for transport to the POTW The term as used herein does
not include storm drains or channels for conveyance of natural surface
waters.
81 Publiclv Owned Treatment Works (POTW) The San Bernardino
Wastewater Treatment Plant and any other devices or systems used by
the City in the storage, conveyance (including all sewers, pipes, lift
stations, and other conveyances which eonvey Wastewater to the
Wastewater treatment plant), treatment, reeycling, and reclamation of
municipal Sewage.
82. RCRA. The Resouree Conservation and Recovery Act of 1976 (42
US C 6901 et seq.) as amended or revised.
83 Reoional Board. The California Regional Water Quality Control Board,
Santa Ana Region.
84 Responsible Corporate Officer
a. A president, secretary, treasurer, or vice president of the
corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making
functions for the corporation.
b The manager of one or more manufacturing, production, or
operation facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding $25 million (in
second-quarter 1980 dollars), if authority to sign documents has
been assigned or delegated to the manager in aceordance with
corporate procedures.
85 Restaurants. Restaurants shall include, but not be limited to, retail
establishments selling prepared foods and drinks for consumption on or
off the Premises.
86 Sample Point. A location approved by the Director from which
Wastewater that is representative in content and eonsistency of the
entire flow of Wastewater being sampled can be collected.
87 Serviee Area. The area in which discharges to the Sewerage System
flow to, or are intended by the City to flow to, the POTW
88 Sewaoe Human excrement and gray water (household showers,
dishwashing operations, etc.).
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MC-lO 1O
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENT!TLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEVV'ER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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89 Seweraae Svstem. Any and all faeilities used for collecting, conveying,
pumping, treating and disposing of wastewater
90 Shall is mandatory
91 SIC Standard Industrial Classification.
92. Sianificant Industrial User (SIUl. An Industrial User of the POTW who
(i) is subject to Categorical Standards, or (ii) has an average daily
discharge of 25,000 gallons or more of process Wastewater (excluding
sanitary waste, Unpolluted Water, and boilerlcooling tower blowdown
discharges), or (iii) has a discharge which makes up 5% or more of the
average dry-weather hydraulic or organic capacity of the Wastewater
Treatment Facilities receiving the Wastewater, or (iv) has in its wastes
Toxic Pollutants as defined pursuant to Section 307 of the Act, or (v) is
designated by the Director to have a reasonable potential for adversely
affecting the POTW's operation or violating any applicable Pretreatment
Standard, Requirement or discharge limit set forth in this Chapter
93 SianificantNoncompliance(SNC) Violations of Pretreatment Standards
or Requirements, which include violations of effluent limits, sampling
violations, analysis violations, reporting violations, compliance sehedule
and regulatory deadline violations, which satisfy one or more of the
following criteria.
a. Violations of Wastewater diseharge
limits.
i. Chronic Violations. Sixty-six percent or more of all the
measurements taken during a six-month period exceed
(by any magnitude) either of the following two figures.
the daily maximum effluent limit(s) set for a
Pollutant or Pollutant property in 40 CFR, Chapter
I, Subchapter N, Parts 405-471, or in this Chapter,
or in the Wastewater Discharge Permit;
the average applicable effluent limit(s) set for a
Pollutant or Pollutant property, in 40 CFR, Chapter
I, Subchapter N, Parts 405-471, or in this Chapter,
or in the Wastewater Discharge Permit.
ii. Technical Review Criteria (TRC) Violations. Thirty-three
percent or more of all the measurements for each
Pollutant or Pollutant property taken during a six-month
period exceed either of the following two figures:
the daily maximum effluent limit(s) set for a
Pollutant or Pollutant property in 40 CFR, Chapter
I, Subehapter N, Parts 405-471, or in this Chapter,
or in the Wastewater Discharge Permit, multiplied
by the applicable TRC constant in subsection Hi
below;
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO. CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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the average effluent limit (the average of daily
values for 30 conseeutive days) set for a Pollutant
or Pollutant property in 40 CFR, Chapter I,
Subchapter N, Parts405-471, or in this Chapter, or
in the Wastewater Diseharge Permit, multiplied by
the applicable TRC constant in subsection iii
below
iii. Applicable TRC constants for Technical Review Criteria
(TRC) violations.
TRC Constant is 1 4 for BOD, TSS, fats, Oil and
Grease,
TRC Constant is 1.2 for all other Pollutants, except
pH. pH is not subject to Technical Review Criteria.
IV Any other violation(s) of a pretreatment effluent limit (daily
maximum or long-term average) that the Director
determines has caused, alone or in combination with
other discharges, Interference or Pass Through (including
endangering the health of the POTW personnel or the
public).
v Any discharge of a Pollutant that has caused imminent
endangerment to human health or welfare or to the
environment or has resulted in the POTW's exercise of its
emergeney authority to halt or prevent such a discharge.
b. Violations, by 90 days or more, of schedule milestones for
starting construction, completing construction, achieving final
complianee, including such milestones speeified in Compliance
Time Schedules or other administrative orders.
c. Failure to provide reports as specified or required by
administrative orders, Permits, Compliance Time Schedules,
Monitoring and Reporting Programs, or Categorical Standards
(Baseline Monitoring Reports, 90 Day Complianee Reports, and
Periodic Reports) or other reports within 30 days of the due date.
d. Failure to accurately report noncompliance.
e. Any other violation(s) that the Director determines will adversely
affect the operation or implementation of the pretreatment
program.
94 Sinale Pass Non-Contact Coolina or Heatina Water Water used solely
for the purpose of cooling or heating, which has no direct contaet with
any raw material, or any intermediate, final or waste product, and which
is used only onee and then disearded.
95. SIU. Sianificant Industrial User See definition under "Significant
Industrial User"
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO. CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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96 Sluq Discharqe Control Plan. A plan submitted to the City by a User
pursuant to Section 13 32.330 D herein, whieh specifies to the
Director's satisfaction the potential Pollutants used andlor stored at the
User's facility; potential pathways of entry of the potential Pollutants into
the POTW; and facilities and procedures for preventing or controlling
the occurrenee of Slug Loading
97 Sluq Loadinq (Sluq Discharqe) The discharge of any Pollutant,
ineluding oxygen demanding Pollutants (BOD, etc.), which is released
at a flow rate andlor Pollutant concentration which may cause Pass
Through of or Interference with the POTW
98 SNC. Siqnificant Noncomplianee See definition under "Significant
Noncompliance."
99 Solvent Manaqement Plan (Toxic Orqanic Manaqement Plan) A plan
submitted to the City by an Industrial User pursuant to Section
13.32.330 C herein, which specifies to the Director's satisfaction the
solvents and other toxic organie compounds used and stored; the
methods of delivery, storage, and disposal used; and procedures for
assuring that solvents and other toxic organics do not routinely spill or
leak into the POTW or ground.
100 Specific Compliance Plan. A plan submitted to the City by an Industrial
User pursuant to Section 13 32.330 E. herein, which specifies to the
Director's satisfaction the cause of noncompliance, the corrective
actions which will be taken to prevent recurrence ofthe noncompliance,
and, if required by the Director, a proposed Compliance Time Schedule
101 Spent Solutions. Any concentrated Nondomestic Wastewater (Le.
plating solutions and static rinses), which contains concentrations of
Pollutants, the discharge of which may cause Interference, Pass
Through or a violation of any Pretreatment Standard or Requirement.
102. Spill Containment. A protection system to prevent the discharge of non-
compliant Pollutants to the Sewerage System.
103 Standard Industrial Classification (SIC) A classification pursuant to the
Standard Industrial Classification Manual issued by the Executive Office
of the President, Offiee of Management and Budget, 1987 or latest
ed ition thereof
104 Standard Methods. "Standard Methods for the Examination of Water
and Wastewater", prepared and published by the American Public
Health Association, American Water Works Association, and Water
Environment Federation, whieh specifies accepted procedures used to
assess the quality of water and Wastewater
105. State. State of California.
106 State Water Board. The State of California Water Resources Control
Board.
107 Storm Water Any flow of water resulting from natural precipitation.
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AN ORDINANCE OF THE CITY OF SAN BERNAROINO. CALIFORNIA. AMENOING CHAPTER 1332 OF THE SAN BERNAROINO MUNICIPAL CODE ENTITLEO WASTEWATER
FACILITIES TO REVISE INOUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENAL TIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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108 Storm Water Svstem. All storm water conveyance and treatment
facilities located within the City including, but not limited to storm drains,
catch basins, storm drain manholes, and storm water pumping facilities.
109 SWDA. Solid Waste Disposal Act, 42 U S C 6901
et seq
110 TDS. Total Dissolved Solids. See definition under "Total Dissolved
Solids"
111 Temporary Industrial User Any Industrial User who is granted
temporary permission by the Director to discharge unpolluted water or
Wastewater to the POTW Such temporary permission shall not be
granted to Industrial Users subjeet to promulgated Categorical
Standards.
112. TFR. Total Filterable Residue See definition under "Total Dissolved
Solids"
113 Total Dissolved Solids (TDS) The quantity of nonvolatile substances
remaining after filtration through a standard filter and drying to constant
weight at 1800C, expressed in terms of milligrams per liter (mg/l) and
analyzed in accordance with Approved Analytical Methods. TDS is
synonymous with Total Filterable Residue (TFR)
114 Total Toxic Oraanics (TTO) The sum of the concentrations for each of
the toxie organic compounds regulated by applicable Categorical
Standards which are found in the User's discharge at a concentration
greater than 0010 milligrams per liter, and analyzed in aceordance with
Approved Analytical Methods.
115 Toxic Pollutant. Any Pollutant or combination of Pollutants listed as
toxic in 40 CFR 401 15 or 40 CFR 403, Appendix B.
116 TRC Technical Review Criteria.
117 TSS Total Suspended Solids.
118. Units.
"Private dwelling unit" means single family residential, duplex
residential and triplex residential Premises.
"All other units" means all residential units in apartment buildings
or such other Premises as may be required by this code to obtain
a commercial business license andlor Wastewater Discharge
Permit required under special restrictions for Nondomestic
Wastewater in Sections 1332.300 et seq.
119 Unpolluted Water Non-contact cooling or heating water, air
conditioning condensate, ice melt, condensate, rain water, or
uncontaminated groundwater, surface water, storm water or other water
to which no Pollutant has been added either intentionally or
unintentionally
A.
B
120 U.S.C. United States Code
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Me-l01O
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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121 User Any Person who contributes, causes, or permits the contribution
of Wastewater into the POTW
122. Wastehauler Any Person engaging in vehicular transport of waste, as
part of or incidental to any business, for the purpose of discharging the
transported waste to the POTW
123 Wastewater The liquid and water-earried domestic wastes or
nondomestic wastes from dwellings, commercial buildings, industrial
facilities, and institutions, together with any groundwater, surface water,
and storm water that may be present, whether treated or untreated,
which is contributed into or permitted to enter the POTW
124 Wastewater Discharae Permit or Permit. The regulatory procedure
established and enforced by the Director to control the flow and quality
of wastes discharged into the POTW
125 Wastewater Treatment Facilities. The structures, equipment, and
processes maintained by the City which accept untreated Sewage from
the Public Sewer and which treat and dispose of Domestic and
Nondomestic Wastewater
126 Water Conditionina Eauipment. Any device or apparatus used to soften
or otherwise condition water, including zeolite or resinous anion or
cation exchange softeners, demineralizers, or any other like device.
127 Water Supplv Generally the supply of public, potable water serving the
area contributory to the City's Publie Sewers andlor Wastewater
Treatment Facilities.
128 Waters of the State. All streams, lakes, ponds, marshes, watercourses,
waterways, well, springs, reservoirs, aquifers, irrigation systems,
drainage systems, and all other bodies or aeeumulations of water,
surfaee or underground, natural or artificial, public or private, which are
contained within, flow through, or border upon the State or any portion
thereof
B Definitions of all ehemieal, biologieal, and other technical terms shall be the
same as defined in the Code of Federal Regulations Part 136 or in Standard Methods. (Ord
MC-571, 12-22-86, MC-273, 5-23-83, Ord. 3693 35, 1977).
C Words used in this Chapter in the singular may include the plural and the plural
the singular Use of masculine shall include feminine and the use of feminine shall include
masculine.
II. GENERAL PROVISIONS:
13.32.200 Administration. Except as otherwise provided, the Director shall
administer, implement, and enforce the provisions of this Ordinance. Any powers granted
to or duties imposed upon the Director may be delegated by the Director to other persons
2001-00001
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13_32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 acting in the beneficial interest of or in the employ of the City
2 13.32.205 Authorization for New or Increased Pollutant Discharaes or Chanaes in the
3 Nature of Pollutant Discharaes. It shall be unlawful to commence, increase, or substantially
4 ehange any discharge of Wastewater to the POTW exeept as authorized by the Direetor in
5 accordanee with the provisions of this Chapter
6 13.32.207 Record Keepina. Each Permittee shall retain records of all monitoring
7 information, including the date, location and method used to obtain Wastewater samples,
8 time of sampling, name of person taking the samples, the dates analyses were performed,
9 the analytical teehniques or methods used and the results ofthe analyses, all calibration and
10 maintenance records and all original chart recordings for eontinuous monitoring
11 instrumentation, eo pies of all reports required by the Permit, and records of all data used to
12 complete the application for the Permit, for a period of at least five years from the date of the
13 sample, measurement, report or application. This period may be extended by request of the
14 Director at any time
15 All records that pertain to matters that are the subject of special orders or any other
16 enforeement or litigation activities brought by the City shall be retained and preserved by the
17 Permittee until all enforcement activities have concluded and all periods of limitation with
18 respect to any and all appeals have expired.
19 13.32.210 General Discharae Prohibitions. No Person shall contribute or cause to be
20 contributed, directly or indirectly, any Pollutant or Wastewater which causes Pass Through
21 or Interference with the operation or performance of the POTW
22 13.32.211 Specific Discharae Prohibitions. No Person shall contribute or cause to be
23 contributed into the POTW the following Pollutants, substances or Wastewater'
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A.
Any liquids, solids, or gases which by reason of their nature or quantity
are, or may be, sufficient, either alone or by interaction with other
substances, to cause fire, explosion, or in any other way be injurious to
the POTW or to operation of the POTW including, but not limited to,
wastestreams with a closed cup flash point of less than 140 degrees
Fahrenheit or 60 degrees Centigrade, using the test methods specified
in 40 CFR 261.21, or which result in conditions where two successive
readings on an explosion hazard meter, at the point of discharge into
the system (or at any point in the system), are more than 5%, or any
single reading is over 10%, of the Lower Explosive Limit (LEL) of the
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SE\tVER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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meter Prohibited materials include, but are not limited to, gasoline,
kerosene, naphtha, benzene, toluene, xylenes, ethers, alcohols,
ketones, aldehydes, peroxides, chlorates, perchlorates, bromates,
carbides, hydrides, and sulfides,
B Solid or viscous substances which may cause obstruction to sewer flow
or interference with the operation of the Wastewater Treatment Facilities
including, but not limited to, grease, garbage with particles greater that
one-half inch (Yz") in dimension, animal guts or tissues, paunch manure,
bones, hair, hides or fleshings, entrails, cat litter, dead animals,
diatomaceous earth, feathers, ashes, cinders, earth, sand, mud, gravel,
rocks, plaster, concrete, spent lime, stone or marble dust, metal, metal
filings, straw, shavings, grass clippings, rags, spent grains, spent hops,
waste paper, wood, plastics, tar, asphalt, asphalt residues, residues
from refining or processing of fuel or lubricating oil, glass, or glass
grinding or polishing wastes,
C Any Wastewater having a pH less than 5 0 or greater than 11 0, or
Wastewater having any other corrosive property capable of causing
damage or hazard to structures, equipment, andlor personnel of the
POTW;
D Any Wastewater containing Hazardous Substances or Toxic Pollutants,
in sufficient quantity, either singly or by interaction with other Pollutants,
to injure or interfere with any Wastewater treatment process including
sludge disposal, constitute a hazard to human or animals, or create a
hazardous effect or acute or chronic toxicity in the reeeiving waters of
the POTW;
E. Any noxious or malodorous liquids, gases, or solids which either singly
or by interaction with other wastes are sufficient to create a public
nuisance or hazard to life or are sufficient to prevent entry into the
sewers for maintenance and repair;
F Any substance which may cause the POTW's Effluent, or any other
product of the POTW such as residues, sludges, or scums, to be
unsuitable for reclamation and reuse. In no case shall a substance
discharged to the POTW cause the POTW to violate applicable sludge
use or disposal regulations developed under Section 405 of the Act or
any criteria, guidelines, or regulations affecting sludge use or disposal
developed pursuant to the Solid Waste Disposal Act, Clean Air Act,
Toxic Substances Control Act, Resource Conservation and Recovery
Act, Marine Protection, Research and Sanctuaries Act, or State
Regulations;
G Any Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and
vegetable tanning solutions;
H. Any Wastewater having a temperature greater than sixty degrees
Centigrade (one hundred forty degrees Fahrenheit), or which will inhibit
biological activity in the POTWtreatment plant resulting in Interference,
but in no case Wastewater which causes the temperature at the
introduction into the POTW Treatment Plant to exceed forty degrees
Centigrade (one hundred four degrees Fahrenheit),
- 21 -
September 8. 1997
Me-101O
AN ORDINANCE OF THE CITY OF SAN BERNARDINO. CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODe ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FQRVIDLATIDN OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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2001-00001
50246_1
Any Pollutants, including oxygen demanding pollutants (BOD, etc.),
released at a flow rate andlor Pollutant concentration which will cause
Interference, Pass Through, or otherwise cause violation of the NPDES
Permit or receiving water quality standards;
J Any Wastewater containing any radioactive wastes or isotopes except
in compliance with applicable State or Federal regulations,
K. Any discharge which may, alone or in combination with other waste
substanees, result in the presence oftoxie or poisonous solids, liquids,
gases, vapors, or fumes in the POTW in sueh quantities that would
create a hazard, public nuisance, or acute worker health and safety
problems,
L. Any storm water, groundwater, well water, street drainage, sub-surface
drainage, roof drainage, yard drainage, water from yard fountains,
ponds, lawn sprinklers, or any type of surface water or unpolluted water
The Director may approve, on a temporary basis, the discharge of such
waters to the POTW when no reasonable alternative method of disposal
is available, subject to the payment of all applicable User charges and
fees by the Discharger Water from swimming pools, wading pools, and
therapy pools may be discharged to the Sewerage System between
8:00 p m. and 6'00 a.m. unless speeifically prohibited by the Director
The Director may approve the discharge of unpolluted water from the
City's geothermal facility subject to the payment by the Discharger of all
applicable User charges and fees;
M. Any Wastewater, sludge or Domestic Liquid Waste removed from a
cesspool, septic tank, chemical toilet or similar waste holding device,
except such wastes which are discharged to the POTW in accordance
with a Wastewater Discharge Permit issued by the City No
Wastehauler discharging Domestic Liquid Waste to the POTW shall
discharge constituents in excess of the limits for Wastehaulers set forth
in Table 2 of Section 1332.240;
N. Any trucked or hauled Pollutants or Wastewater, except at such place
and in such manner as authorized by a Wastewater Discharge Permit
issued by the City;
o Any pesticides or fertilizers in amounts which may cause Interference
or Pass Through,
P Any non-biodegradable cutting oil, petroleum oil, refined petroleum
products, or produets of mineral oil origin in amounts which could cause
Interference or Pass Through,
Q. Any material or quantity of material which causes or may cause damage
to any part of the Public Sewers or Wastewater Treatment Facilities, or
abnormal sulfide generation or abnormal maintenance or operation
costs of any part of the Public Sewers or Wastewater Treatment
Facilities.
R. Any substances containing polychlorinated biphenyls (PCBs) PCBs
include, but are not limited to, the following: Aroclors 1016,1221,1228,
1232, 1242, 1248, 1254, 1260 and 1262;
- 22-
September 8, 1997
Me-l0l0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO. CALIFORNIA, AMEND!NG CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTiTLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENAL TIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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S
Any excessive quantities of dispersed biodegradable oils or fats such
as lard, tallow, or vegetable oil or any other substances that may
precipitate, solidify, or become viscous at temperatures between forty
and one hundred degrees Fahrenheit;
T
Any Pretreatment Wastes. All Pretreatment Wastes shall be disposed
of in accordance with all applieable Federal, State, County, and other
local laws and regulations.
6 13.32.215 Prohibition Aqainst Discharqinq Solid or Fluid Material to Watercourse. No
7 Person shall diseharge or cause to be discharged into any storm drain, storm water channel,
8 or natural watercourse, whether currently carrying water or not, or into any pipe, parking lot,
9 street, gutter, or waterway leading to such drain, channel, or watercourse, any solid or fluid
10 material which will impair the useful functioning of such drain, channel, or watercourse, or
11 which will cause expense to the City, or other public agency, in maintaining the proper
12 functioning of same, or which will cause or threaten to cause a public nuisance, public
13 hazard, or pollution of Waters of the State
14 13.32.220 Prohibition Aqainst Discharqinq Pollutants to the Ground. No person shall
15 deposit or discharge, or cause to be deposited or diseharged, into any sump which is not
16 impermeable, or into any pit or well, or onto the ground, or into any storm drain or
17 watercourse, any material which, by entering, seeping underground or by being leached~ or
18 by reacting with the soil, can pollute usable surface or groundwaters.
19 13.32.222 Point of Discharqe Limits. No person, excluding authorized City personnel
20 involved in maintenance of POlW facilities, shall diseharge any Wastewater directly into the
21 POlW other than through an approved building sewer, unless written permission for the
22 discharge has been granted by the Director
23 13.32.223 Prohibition Aqainst Dilution. No person shall increase the use of process
24 water or, in any way attempt to dilute a discharge as a partial or complete substitute for
25 adequate treatment to achieve eomplianee with Categorical Standards, the discharge limits
26 contained in this Chapter or in any Wastewater Discharge Permit, or any other Pollutant limit
27 developed by the City
28 1///1
2001-00001
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- 23 -
September 8. 1997
Me-lOl0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM. TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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13.32.225 Soecial Restrietions. Vehicle Servicina Facilities.
A.
Any facility maintained for the servicing, repair, washing, or cleaning of any
vehicles or roadway machinery, including car and truck washes, which
discharges Nondomestic Wastewater, shall install and maintain a Gravity
Separation Interceptor in accordance with Section 1332.253 Wastewater
from toilets shall not be allowed to pass through the interceptor, but all
Wastewaters arising from the servicing, repair, washing or cleaning of vehicles
shall pass through the interceptor before discharge to the POTW
1
If the vehicle servicing facility is only capable of serving one vehicle at
a time, the interceptor shall have a fluid detention capacity of at least
100 gallons.
If the vehicle servicing facility has facilities for servicing, repair, washing,
or cleaning more than one vehicle at a time, the intereeptor shall be as
large as necessary so that 7 -day accumulation of sand and oil will not
together fill more than 25 percent of the fluid capacity, and shall have
a fluid detention capacity of at least 750 gallons. The interceptor shall
be designed so as to retain any oil and grease which will float and any
sand which will settle.
2.
B
Any interceptor legally and properly installed at a vehicle servicing facility
before June 2, 1990 shall be acceptable as an alternative to the interceptor
specified in Seetion 1332.225.A. provided such interceptor is properly
maintained, effective in removing sand and oil, and designed and installed so
that it can be inspected.
The Building Official shall not approve the plumbing of a vehicle servicing
facility which is designed to accommodate the discharge of Nondomestic
Wastewater if it does not have a Gravity Separation Intereeptor meeting the
requirements of this section.
C
13.32.230 Restrictions on Water-Softenina Wastes.
A.
It is unlawful to install, replaee, or enlarge apparatus for softening all or any
part of the water supply to any residential Premises when such apparatus is an
ion-exchange softener or demineralizer of the type that is regenerated on the
site of use, except as otherwise authorized by the provisions of California
Health and Safety Code Sections 116775 through 116795, inclusive, and any
amendment thereto
B.
This section shall not apply to existing units nor to apparatus of the type which
is regenerated off-site by a water conditioning company
This section shall not apply to any type of commereial or industrial softening
apparatus, which will be considered individually in connection with
Nondomestic Wastewater controls. (Ord. MC-273, 5-23-83; Ord. 3693910,
1977)
C
26 13.23.231 Insoection of Water- Treatina Aooaratus. A Person installing or operating
27 water-treating apparatus of any kind shall make such apparatus accessible to the Director
28 for inspection at all times and shall make such reports relative to such apparatus as the
2001-00001
50246_1
- 24-
September 8. 1997
Me-101O
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 1332 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM. TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 Director may request. (Ord. MC-273, 5-23-83, Ord 3693 ~11, 1977)
2 13.32.235 Special Restrictions. Food Processino Facilities. All food processing
3 facilities, including restaurants, whieh discharge food processing wastes to the POTW, shall
4 direct all Wastewater from floor drains and sinks in the food processing area, waste eontainer
5 wash racks, and dishwashers through a minimum of 100 gallon Gravity Separation
6 Interceptor in accordance with Section 13 32.253 All Domestic Wastewaters from
7 restrooms, showers, mop sinks, and drinking fountains shall be kept separate until the
8 previously specified wastes have passed through the interceptor Sizing of interceptor shall
9 be determined as described in the Uniform Plumbing Code, Appendix H, as adopted by the
10 City of San Bernardino exeept that the capacity of the intereeptor shall not be less than 100
11 gallons, unless a smaller size is allowed by a Conditional Waiver
12 13.32.237 Conditional Waivers. Conditional waivers modifying or waiving the Gravity
13 Separation Interceptor requirements may be granted by the Director for those restaurants
14 and other food processing facilities determined not to have the potential to adversely affect
15 the POTW Conditional waivers may be revoked for the following reasons.
16
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18
19
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B
C
D
Changes in types of food prepared or served,
Falsification of information submitted to the City;
Changes in operating hours,
Changes in equipment used.
20 13.32.240 Specific Local Discharoe Limits. Except as specifically allowed by the
21 Director on a temporary basis or as provided herein, no Person shall discharge or cause to
22 be discharged to the POTW any Wastewater unless it conforms to all of the applicable Local
23 Discharge Limits as set forth below in Table I.
24 11111
25 11111
26 11111
27 11111
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- 25-
September 8, 1997
Me-101O
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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TABLE I
lOCAL DISCHARGE LIMITS'
[Instantaneous Maximum Allowable Discharge Limits]
CONSTITUENT
Arsenic
Cadmium
Chromium (Total)
Copper
Lead
Mereury
Nickel
Silver
Zine
Cyanide
Total Toxie Organics (TIO)
Phenol
Sodium
Chloride
Sulfate
Boron
Fluoride
MilLIGRAMS/LITER
09
0.2
2.3
74
2.2
01
2.3
2.5
84
1 5
2.13
2.13
495
990
382
1 0
38
TABLE 2
LIMITS FOR
WASTE HAULERS DISCHARGING DOMESTIC WASTE
CONSTITUENT
Arsenic
Cadmium
Chromium (total)
Copper
Lead
Nickel
Zinc
MilLIGRAMS/LITER
09
03
2.3
150
40
2.3
31 0
'Users subjeet to Categorical Pretreatment Standards may be
20 required to meet more stringent limits.
21 The above limits apply at the point where the Wastewater is discharged to the POTW
22 The Director may impose average daily, monthly andlor mass limits in addition to the
23 instantaneous concentration based limits set forth in Table I.
24 13.32.242 Prohibition on Disposal of Spent Solutions and Sludaes. No User shall
25 discharge to the POTW Spent Solutions, sludges, or any other materials of a quantity or
26 quality in violation of or prohibited by this Chapter or any Permit issued pursuant to this
27 Chapter All waste manifests for such materials shall be retained for a minimum of three
28 years, and made available to the City upon request.
2001-00001
50246_1
- 26-
September 8,1997
Me-lOlO
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 1332 OF THE SAN BERNARDINO MUNICIPAL CODe ENT!TLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENAL TIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 13.32.243 Prohibition on Discharoe of Medical Waste. No Person shall discharge to
2 the POTW medical wastes from hospitals, clinics, offices of medical doctors, convalescent
3 homes, medical laboratories, other medical facilities or any other locations except where prior
4 written authorization for sueh diseharges is given by the Director following the Director's
5 determination that the discharge will not, alone or in conjunction with other discharges,
6 adversely affect the operation and maintenance of the POTW If written authorization for
7 such a diseharge is given, the Director shall have the authority to require that any discharge
8 of an infectious waste to the sewer be rendered non-infeetious prior to discharge if the
9 infectious waste is deemed to pose a threat to the public health and safety, or will result in
10 any violation of applicable waste diseharge requirements.
11 13.32.245 Cateoorical Pretreatment Standards. Promulgated National Categorical
12 Pretreatment Standards, located in 40 CFR Chapter I, Subchapter N, Parts 405-471, are
13 hereby incorporated into this Chapter Upon the promulgation of new or revised Categorical
14 Pretreatment Standards for a particular industrial subcategory, the new or revised
15 Categorieal Pretreatment Standards shall immediately be deemed ineorporated herein. The
16 Director shall notify affected Users of applicable reporting requirements under 40 CFR,
17 Chapter I, Subchapter N, Parts 401, et seq
18 No User subject to Categorical Pretreatment Standards shall discharge or cause to
19 be discharged to the POTW any Wastewater which is not in conformance with the discharge
20 limits set forth in the Categorical Pretreatment Standards, including any revisions thereof
21 Notwithstanding the foregoing, a User may obtain a variance from a Categorieal Pretreatment
22 Standard in accordance with the provisions of 40 CFR 403 13 and by establishing to the
23 satisfaetion of the Director, that the discharge will not adversely affeet POTW operation and
24 maintenance.
25 In the event that a Categorical Pretreatment Standard establishes a discharge limit
26 which conflicts with a local diseharge limit, the more stringent discharge limit shall apply
27 I II II
28 II II I
2001-00001
50246_'
- 27-
September 8,1997
Me-l010
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 1332 OF THE SAN BERNARDINO MUNICIPAL CODe ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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13.32.247 Mass Emission Rates.
A.
Mass emission rates for Pollutants that are present or anticipated in a User's
3 Wastewater discharge may be set for each User and made an applicable part of each User's
4 Permit. These rates shall be based on Table I of Seetion 13.32.240 or Categorical
5 Pretreatment Standards, and the User's average daily wastewater discharge for the past
6 three years, the most recent representative data, or other data acceptable to the Director
7
B.
To verify the User's operating data, the Director may require a User to submit
8 an inventory of all Wastewater streams andlor records indicating production rates.
9
C
The Director may revise limits or mass emission rates previously established
10 in the User's permit at any time, based on. (1) current or anticipated operating data of the
11 discharger or the City; (2) the City's ability to meet NPDES limits, or (3) changes in the
12 requirements of regulatory agencies.
13
D
The excess use of water to establish an artificially high flow rate for mass
14 emission rate determination is prohibited.
15 13.32.250 Pretreatment. Users shall provide necessary Wastewater treatment as
16 required to comply with this Chapter and shall achieve compliance with all applicable,
17 promulgated Categorical Standards within the time limitations specified therein. Any facilities
18 required to pretreat Wastewater to meet applicable discharge limits shall be constructed,
19 operated, and maintained in proper operating condition at the User's expense.
20 Upon request by the Director, Users shall provide to the City detailed eonstruction
21 drawings and plumbing plans showing existing process equipment, pretreatment facilities,
22 spill containment facilities, monitoring facilities, metering facilities, and a description of
23 existing operating procedures. Prior to eonstruction of new or modified facilities, Users shall
24 submit to the Director for review and acceptance, detailed eonstruetion plans and a
25 deseription of proposed operating procedures for any new equipment or facilities. Users shall
26 submit any subsequent changes in operating procedures of the equipment or facilities to the
27 Director for review and acceptance prior to initiation of the changes. The review and
28 acceptance of such drawings and operating procedures by the Director shall not relieve the
2001-00001
50246_1
- 28 -
September 8,1997
Me-lOlO
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODe ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SE\fIIER SYSTEM. TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 User from the responsibility of modifying the equipment or facilities as necessary to produce
2 an Effluent in compliance with all provisions of this Chapter
3 13.32.252 Prohibited Discharoe of Recovered Pretreatment Wastes. No Person shall
4 discharge wastes recovered from pretreatment devices into any sewer or storm drain
5 opening, any drains or other openings leading to any sewer or storm drain, parking lot, street,
6 curb and gutter, or the ground All recovered Pretreatment Wastes shall be disposed of in
7 accordance with all applicable Federal, State, County and local laws and regulations.
8 13.32.253 Gravitv Separation Interceptor The Director may require a User to install,
9 operate and maintain a Gravity Separation Intereeptor to prevent the diseharge of grease,
10 sand or other harmful materials upon a determination that the Discharge is causing or may
11 cause an adverse impact on the P01W Any person so required by the Director, shall install
12 and maintain a Gravity Separation Interceptor Domestic Wastewater shall not be allowed
13 to pass through this interceptor This interceptor shall have an operational fluid capacity of
14 not less than 100 gallons and shall be designed so as to retain any material which will float
15 and any material which will settle The interceptor shall be watertight, structurally sound, and
16 durable Interceptors of less than 750 gallons capacity and interceptors for restaurants and
17 food processing facilities shall have no less than two compartments. Intereeptors of 750
18 gallons or largerto be used for other than food processing and restaurant wastes shall have
19 no less than three compartments.
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2001-00001
50246_1
Interceptor Requirements.
1
All interceptor chambers shall be immediately accessible at all times for
the purpose of inspection and cleaning. At no time shall any material,
debris, obstacles or obstructions be placed in such a manner so as to
prevent immediate access to the interceptor
All interceptors of 300 gallons capacity or larger shall be equipped with
a sample chamber located at the downstream end of the interceptor
The sample chamber shall have a 24 inch square, or 24 inch diameter,
clear opening for the temporary installation of the City's portable
automatic sampling equipment. Any sample chamber legally and
properly installed before the effective date of this Chapter shall be
acceptable as an alternative to the sample chamber specified herein,
provided such sample chamber is so designed and installed that the
City's portable automatic sampling equipment may be readily installed
therein, or the owner provides a secure and protected location for
installation of such sampling equipment within an 8 foot radius of the
2.
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September 8, 1997
Me-l0l0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CAliFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL liMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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sample chamber
Any interceptor legally and properly installed before the effective date
of this Chapter shall be acceptable as an alternative to the interceptor
specified herein, provided such intereeptor is effective in removing
floatable and settleable material and is so designed and installed that
it can be inspected and properly maintained.
If the Director finds that an interceptor is incapable of adequately
retaining the floatable and settleable material in the Wastewater flow or
is structurally incomplete, he shall notify the owner that it does not meet
the requirements of this seetion and shall require the User to install, at
the User's expense, an acceptable interceptor
Intereeptor Approval.
3.
4
If a gravity separation interceptor is required, the Building Official shall
only approve plumbing plans which include an interceptor which meets
the requirements of this section.
Interceptor Maintenance.
Any person who owns, operates, or maintains a Gravity Separation
Interceptor shall maintain it properly It shall be cleaned as often as is
necessary to ensure that sediment and floating materials do not
accumulate to impair the efficiency of the interceptor The use of
chemicals to dissolve grease is specifically prohibited. When an
interceptor is eleaned, the accumulated sediment and floating material
shall be removed and legally disposed of otherwise than to the sewer
An interceptor is not considered to be properly maintained if for any
reason it is not in good working condition or if the operational fluid
capacity has been reduced by more than 25% by the aecumulation of
floating and settling solids, oils and grease. The owner of any facility
required to install an interceptor, the lessee and sub-lessee, ifthere be
such, and any proprietor, operator or superintendent of such facility are
individually and severally liable for any failure of proper maintenance of
such interceptor If the interceptor is not properly maintained under the
conditions of use, the Director may require that the interceptor be
resized and replaced.
13.32.255 Monitorinq Facilities. The City may require, at the User's expense,
C
22 installation and operation of monitoring facilities to allow inspection of discharges to the
23 POTW, monitoring of Wastewater quality, and collection of Wastewater samples. The
24 monitoring facilities, including sampling and monitoring equipment, shall be maintained at all
25 times in a safe and proper operating condition at the expense of the User The City may
26 require that the monitoring facilities include a security enclosure that can be locked with a
27 City provided hasp lock, or similar device, during monitoring or upon termination of service.
28
2001-00001
50246_'
- 30-
September 8, 1997
Me-lOlO
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEVVER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 Monitoring faeilities shall normally be situated on private property, but the City may,
2 when such a location would be impractical, allow the facilities to be constructed in public
3 right-of-way
4 There shall be ample room in or near any monitoring facility to allow installation of
5 portable sampling and monitoring equipment by the Director
6 Construction Drawings for proposed monitoring facilities shall be submitted to the
7 Director for review prior to construction The sampling and monitoring facilities shall be
8 constructed in accordanee with the City's requirements and all applicable local construction
9 standards and specifications. Construction shall be completed within 90 days following
10 written aeeeptance by the Director
11 13.32.257 Flow Meterina Facilities. The Director may require any Class I or Class II
12 User to install a flow meter capable of measuring, recording, and totalizing the discharge to
13 the POTW on a continuous basis. The flow measuring equipment shall conform to the
14 requirements of the Director
15 13.32.260 Insoeetion and Samolina. The Director shall have the right to enter the
16 Premises of any User where Nondomestic Wastewater is created or discharged during all
17 times that the User's facility is open, operating or at any other reasonable time to determine
18 whether the User is complying with all requirements of this Chapter and any Wastewater
19 Discharge Permit or administrative order issued hereunder The Users or the occupants of
20 such Premises shall allow the Direetor ready access to all parts of the Premises for purposes
21 of inspection, sampling, examination and copying of records, and any other activities related
22 to determining compliance with this Chapter Unreasonable delay in allowing the Director
23 access to the User's Premises shall constitute a violation of this Chapter
24 The Director shall inspect the facilities of each Class I and Class II User a minimum
25 of once each year, and shall sample the discharge of each Class I and Class II User a
26 minimum of once each year
27 The Director shall have the right to set up on the User's property such devices as are
28 necessary to conduct sampling inspection, compliance monitoring, andlor metering
2001-00001
50246_1
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September 8, 1997
Me-l01O
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACilITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEIiVER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER 51 ANQARDS
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS '
1 operations. Where a User has security measures in force, which would require proper
2 identification and clearance before entry into their Premises, the User shall make necessary
3 arrangements with their security guards so that upon presentation of suitable identification,
4 the Director will be permitted to enter, without delay, for purposes of performing the functions
5 described in this Section.
6 13.32.262 Samolinq and Analvsis - Fee - Billinq
B
Sampling and analysis shall be at the expense of the User The actual eost for
laboratory analyses and reports and an administrative fee, shall be the
obligation of the occupants of the Premises where the Wastewater is ereated
or discharged.
The administrative fee shall be fixed by the Board based on the Municipal
Water Department's current overhead cost allocation percentage.
The expense to be paid by the User shall be billed and be payable the same
as for other sewer-use charges.
7
8
9
10
11
12
A.
C
13 13.32.265 Confidential Information. Information and data regarding a User, obtained
14 from reports, questionnaires, Permit applications, Permits and monitoring programs, and from
15 inspections, shall be available without restriction to the EPA, the State Water Board, and the
16 Regional Board. Such information shall also be available to the public or other governmental
17 agencies without restriction unless the User specifically requests and is able to demonstrate
18 to the satisfaction of the Director that the release of such information would divulge
19 information, processes, or methods of production entitled to protection as trade secrets of
20 the User Any such request shall be asserted at the time of submission of the information
21 or data and marked "Confidential Business Information" by the User on each page containing
22 information asserted to be trade secrets. The demonstration of the need for confidentiality
23 made by the User must meet the burden necessary for withholding such information from the
24 general public under applicable State and Federal law Wastewater constituents and
25 characteristics and other effluent data as defined in 40 CFR 2.302 shall not eonstitute
26 eonfidential information and shall be available to the public without restriction.
27 Information whieh a User demonstrates to constitute a trade secret shall not be made
28 available for inspection by the public without prior notification to the User, but shall be made
2001-00001
50246_1
- 32-
September 8, 1997
Me-l0l0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA. AMENDING CHAPTER 13_32 OF THE SAN BERNARDINO MUNICIPAL CODe ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 available to the EPA, the State Water Board, and the Regional Board, and upon written
2 request, to other governmental agencies for uses related to this Chapter, the NPDES Permit,
3 or other State regulations. Such information shall also be available for use in judicial review
4 or enforcement proceedings involving the User furnishing the information.
5 13.32.267 Industrial User Survev The Director shall prepare and maintain a current
6 list of Industrial Users subject to the requirements ofthis Chapter Each Industrial User listed
7 shall be identified by Class. Class I Industrial Users shall be further identified by a citation
8 of the applicable, promulgated Categorical Standards. At least once every two years, the
9 Director shall conduct a survey of facilities located within the POTW Service Area to identify
10 any facilities which should be added to the list of Industrial Users.
11 13.32.270 Reoortina Chanaes in Discharae, Slua Loadina. and Potential Problems.
12 All Industrial Users shall promptly notify the City in advance of any substantial ehange in the
13 volume or character of Pollutants in their diseharge. If any routine or special sampling or
14 monitoring by an Industrial User indicates that, for any reason, Pollutants are diseharged at
15 a rate or concentration which may cause Pass Through or Interferenee with the POTW, a
16 violation of Categorical Standards or Permit limits, violation of Sections 1332.211 or
17 1332.240, or a hazard to City, POTW personnel andlor the public, the User shall verbally
18 notify the Director and POTW staff immediately If the discharge to the Sewerage System
19 has the potential to cause a fire or explosion hazard, the Industrial User shall also
20 immediately notify the fire department. The verbal report to the City shall be followed by a
21 written report submitted to the Director within 24 hours describing the cause of the incident
22 and corrective action taken by the User The User shall also collect a representative repeat
23 sample of the discharge and submit the analysis to the City within 30 days after the incident
24 to determine whether complianee has been aehieved.
25 The notification provided pursuant to this Seetion shall not relieve the User of any
26 expense, loss, damage or other liability which may be incurred pursuant to this Chapter or
27 other applicable law
28 11111
2001-00001
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September 8, 1997
Me-lOlO
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALlFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER 8T ANDARDS,
TO REVISE PENAL TIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1
2
13.32.272 Notification of Bvpass.
A.
Bypass of Nondomestic Wastewater to the Sewerage System is prohibited.
3 The City may take enforcement action against the User unless.
4
5
6
7
8
9
10
11
12
13
1
Bypass was unavoidable because it was done to prevent loss of life,
personal injury, or severe property damage,
There were no feasible alternatives to the Bypass, sueh as the use of
auxiliary treatment facilities, retention of untreated wastes, elective
slow-down or shut-down of production units or maintenance during
periods of production downtime This condition is not satisfied if
adequate backup equipment could have been feasibly installed in the
exercise of reasonable engineering judgment to prevent a Bypass which
occurred during normal periods of equipment downtime or preventative
maintenance; and
2.
3.
The Permittee submitted notices as required under Section
1332.272.B.
4
B
Notwithstanding the foregoing, the User shall be liable to the City for
any expenses or costs incurred by the City as a result of a Bypass.
If a Permittee knows in advance of the need for a Bypass, it shall submit a
14 written request to allow the Bypass to the Director, if possible, at least ten (10) days before
15 the date of the Bypass.
16
C
The Director may approve an anticipated Bypass at his sole discretion after
17 considering its adverse affects, and the Direetor determines that the conditions listed in
18 Section 13 32.272.A (1-3) are met.
19
D
A Permittee shall provide telephone notification to the City of an unanticipated
20 Bypass that exceeds its permitted discharge limits within four hours from the time the
21 Permittee becomes aware of the Bypass. A written report shall also be provided within five
22 (5) days of the time the Permittee becomes aware or could reasonably have been aware of
23 the Bypass. The report shall contain a description of the Bypass and its cause, the duration
24 of the Bypass, ineluding exact dates and times, and, if the Bypass has not been corrected,
25 the anticipated time it is expeeted to continue; and steps taken or planned to reduce,
26 eliminate, and prevent recurrence of the Bypass. Failure to submit oral notice or written
27 report may be grounds for permit revocation.
28 II II I
2001-00001
50246_1
- 34-
September 8, 1997
Me-l0l0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENT!TLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEVV'ER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHN!CAL CORRECTIONS
1 13.32.275 Annual Publie Notice of Siqnificant Noncompliance The Director shall
2 publish annually in the largest daily newspaper published in the Service Area, a list of all
3 Industrial Users determined to have been in Significant Noncompliance with applicable
4 Pretreatment Standards or Requirements during the previous twelve months.
5 13.32.280 Damaqe to Citv's Equipment or Facilities. Any unauthorized entering,
6 breaking, damaging, destroying, uncovering, defacing, or tampering with any temporary or
7 permanent structure, equipment, or appurtenance which is part of the POTW shall be a
8 violation of this Chapter
9 13.32.282 Compensation for Unauthorized Discharqes. Any User who discharges
10 Wastewater which impairs, interferes with or damages the POTW, its operations or
11 monitoring equipment, detrimentally affeets the Wastewater treatment process, significantly
12 increases POTW operation costs, requires non-routine inspection andlor sampling, or results
13 in any other damages, costs or expenses, including the imposition of fines or penalties on
14 the City, shall be liable to the City for all damages, costs and expenses occasioned thereby
15 An administrative fee, whieh shall be fixed by the Board based on the Municipal Water
16 Department's current overhead cost allocation percentage, shall be added to these charges.
17 The City's total expenses shall be payable within 30 days of invoicing by the City
18 13.32.286 Citv's Riqht of Revision. The City reserves the right to amend this Chapter
19 to impose more stringent discharge limits or requirements if deemed appropriate to advance
20 the objectives presented in Section 13 32.100 of this Chapter
21
13.32.295 Interpretation. The provisions of this Chapter are to be reasonably
22 interpreted. It is the intent herein to recognize that there are varying degrees of hazard to
23 surface and underground waters and to apply the principal that the degree of protection
24 should be commensurate with the degree of hazard.
25 13.32.296 Severabilitv If any provision, paragraph, word, section, or artiele of this
26 Chapter is invalidated by any eourt of competent jurisdiction, the remaining provisions,
27 paragraphs, words, seetions, and artieles shall not be affected and shall continue in full foree
28 and effect.
2001-00001
50246_1
- 35 -
September 8, 1997
Me-lOl0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACiliTIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 III.
PERMITS.
2 13.32.300 Wastewater Discharoe Permits. All Class I, Class II, Class IV and Class
3 V Users and those Class III Users so notified by the Director, which propose to connect or
4 to discharge to the POTW, shall obtain a Wastewater Diseharge Permit before connecting
5 to or discharging to the POTW Obtaining a Wastewater Discharge Permit shall not relieve
6 a Permittee of its obligation to comply with any other applicable requirements of Federal,
7 State andlor local law
8 13.32.305 Permit Applications. Users required to obtain a Permit shall complete and
9 file with the Director an application in a form prescribed by him and submit any required
10 application, filing, or Permit fee. Applicable Permit fees shall be established by separate
11 resolution or ordinance, as appropriate, of the City
12 New Class I and Class II Users shall apply for a Permit at least 90 days prior to
13 connecting to or discharging to the POTW Class III Users shall apply for a Permit within 30
14 days after receiving notification to apply from the Director Class IV Users shall apply for a
15 Permit at least 10 days prior to the proposed discharge. Class V Users shall apply for a
16 Permit at least 30 days prior to the proposed discharge.
17 The following information may be required with the Permit application:
18
19
20
21
22
23
24
25
26
27
A.
B
C
Name, address, and location of the facility (if different from the address),
Names and addresses of the operator and owner, if different than above,
Name and address of any and all principals, owners, major shareholders of
company, Articles of Incorporation, Business License (if applicable);
Name and address of property owners, landlord andlor property manager of
the facility site,
SIC number according to the Standard Industrial Classification Manual, Bureau
of the Budget, 1987, as amended;
Wastewater constituents and characteristics of the proposed discharge, as
determined by a State certified analytical laboratory using approved analytieal
methods and sampling proeedures in accordance with 40 CFR 136 and 40
CFR 403.12(b)(5), and other EPA approved analytical methods;
D
E.
F
G.
Time, volume and duration of proposed discharge(s),
28 I II II
2001400001
50246_'
- 36-
September 8, 1997
Me-lOl0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Average daily, peak daily, and 15-minute peak Wastewater flow rates,
including daily, monthly, and seasonal variations, if any;
Site plans, floor plans, mechanical and plumbing plans, including details
showing all sewers, sewer conneetions, treatment facilities, and appurtenances
by the size, location and elevation If required by the Director, such plans shall
be certified by a Civil Engineer registered in the State of California;
An 8y,," x 11" process flow schematie diagram. If required by the Director, the
diagram shall be certified by a Civil Engineer registered in the State of
California;
Descriptions of activities, facilities, operations and planned processes on the
Premises ineluding all materials which are or could be diseharged;
Number and type of employees, and hours of plant operation, and proposed
or aetual hours of pretreatment system operation;
The Categorical Pretreatment Standards applicable to each regulated process;
A time schedule for compliance with any Categorical Standards or provisions
of this Chapter for which immediate compliance is not possible;
A list of any environmental control permits held by or for the User's facility, and
a copy of the San Bernardino County "Business Plan" which addresses the
loeation, type, and quantity of hazardous materials handled by the User;
P Water supplier and water account numbers;
H.
I.
J
K.
L.
M.
N.
o
Q. Volume of cooling tower capacity, if applieable,
R. Waste minimization and water conservation practices,
S. Production records, if applicable,
T Waste manifests, if applicable,
U EPA Hazardous Waste Generator Number, if applieable,
V
Additional information may be required of Wastehaulers, including the
following:
1
2.
3
A description of the industries and clients using the applicant's services;
Name and address of leaseholder of the vehicle or trailer, if applicable;
Number of trucks and trailers used and the lieense numbers and tank
hauling eapaeity of each,
A copy of the Applieant's San Bernardino County Health Department
Permit.
4
W
Any other information as may be deemed by the Director to be appropriate to
evaluate the discharge to the POTW
2001.00001
50246_1
- 37-
September 8.1997
Me-I010
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 After evaluation and acceptance of the data, the Director may issue a Wastewater
2 Discharge Permit subject to terms and conditions provided in this Chapter
3 13.32.310 Permit Modifications. Within 90 days of the promulgation of a new or
4 changed Categorieal Standard which is more restrictive than the limits established in this
5 Chapter, Permits for Users subject to the Categorical Standards shall be revised to require
6 compliance within the time frame prescribed by the new standard. Where an affected User
7 has not previously submitted an application for a Permit as required by Seetion 13.32.305,
8 the User shall apply within 180 days after the promulgation of the applicable Categorical
9 Standard In addition, Users with existing Permits shall submit to the Director, within 180
10 days after the promulgation of an applieable Categorical Standard, a time schedule for
11 compliance with the Categorical Standard.
12 The terms and conditions of any Permit may be subject to modification by the Director
13 during the term of the Permit if discharge limits or requirements, as referenced in Sections
14 1332.210 and 1332.240, are modified or other good eause exists. The User shall be
15 informed of any proposed changes in the Permit at least 30 days prior to the effective date
16 of change. Any changes or new conditions in a Permit shall include a reasonable time
17 schedule for compliance. Good cause for Permit modification includes, but is not limited to,
18 the following reasons:
19
20
21
22
23
24
25
26
27
28
2001-00001
50246_1
A.
To ineorporate new or revised Categorical Standards or to incorporate other
new or revised Federal, State or loeal standards or requirements;
To address significant alterations or additions to the User's operation,
processes, or wastewater volume or character since the time of Permit
issuance,
B
C
A change in the POTW operations that requires either a temporary or
permanent reduction or elimination of the authorized diseharge,
Information indicating that the permitted discharge poses a threat to the
POTW, City employees, the public or the reeeiving waters,
The User's actual discharge is signifieantly different than the proposed
diseharge identified in the User's Permit application;
Changes in the requirements of regulatory agencies which affect the City; or
D
E.
F
- 38 -
September 8. 1997
Me-l0l0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1
2
3
4
5
6
7
8
9
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13
14
15
16
17
18
19
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21
22
23
24
25
26
27
28
G
A determination by the Director that modification is appropriate to further the
objectives of this Chapter
13.32.315 Permit Contents. Wastewater Discharge Permits shall be expressly subject
to all provisions of this Chapter and all other applicable regulations, and such eharges and
fees established, as appropriate, by City resolution or ordinance.
A. Class I and Class II Permits shall eontain at least the following:
1 Statement of permit duration,
2. Statement of permit non-transferability;
3
Diseharge limits based on applicable Pretreatment Standards andlor
local limits, including but not limited to discharge limits on the average
andlor maximum Wastewater constituents and characteristics,
4
Specifications for monitoring programs whieh may include: Pollutants to
be monitored; sampling location(s); frequency of sampling; sample
type(s), number, types and standards for tests, and a reporting schedule
for submitting to the City reports, data and records relating to production
levels and Wastewater discharges to the POTW
Statement of applicable civil and criminal penalties for violation of
Pretreatment Standards and Requirements;
Compliance Time Schedule(s) where required
5
6
B
Permits may also contain the following
The unit charge or schedule of User charges and fees for the
Wastewater diseharged to the POTW;
2. Schedule of penalty fees for noncomplianee;
1
3
Limits on the average andlor maximum discharge, time of discharge,
and/or requirements for flow regulation and equalization.
Instantaneous coneentration discharge limits andlor mass emission
discharge limits.
Requirements for installation and maintenance of inspection and
sampling facilities,
Requirements for the installation of pretreatmentteehnology, pH control
equipment, flow monitoring facilities, sampling facilities, development of
pollution control plans andlor other special conditions including
management praetices appropriate to prevent accidental, unanticipated
or nonroutine diseharges;
Requirements for development and implementation of waste
minimization plans to reduce the amount of Pollutants discharged to the
POTW
4
5
6
7
2001-00001
50246_1
- 39-
September 8, 1997
Me-lOl0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO. CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODe ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM. TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
Requirements for installation and maintenanee of spill containment
systems,
9 Requirements for submission of technical or discharge reports;
1
2
3
4
5
6
7
8
9
10
11
8
10
11
12.
13
14
15
Requirements for maintaining and retaining plant records relating to the
Wastewater discharge as specified by the Director;
Requirements for notification of slug or accidental discharges, and/or
discharges of Hazardous Waste,
Requirements for submittal of Slug Diseharge Control Plans and/or
Solvent Management Plans,
Requirements to submit tax and water bills,
Requirements for maintaining and submitting waste manifests andlor
waste hauling records,
Other conditions as deemed appropriate by the Director to ensure
protection of the POTW and compliance with this Chapter
12 13.32.320 Permit Duration. Permits shall be issued for a specified time period, not to
13 exeeed three (3) years for Class I and Class II Permits, and shall identify the Permit
14 expiration date. The User shall apply for a Permit re-issuance a minimum of 90 days prior
15 to the expiration of the User's existing Permit.
16 13.32.325 Permit Transfer Permits are issued to a specifie User for a specific
17 operation. Except as expressly set forth in this section, a Permit shall not be reassigned,
18 transferred, or sold to a new owner or User, different Premises, or a new or ehanged
19 operation. A Class III User's Permit may be reassigned or transferred upon the prior written
20 approval of the Director
21 13.32.330 Reoortinq Requirements. In addition to reporting potential problems (see
22 Sections 13 32.270 and 13 32.272), Industrial Users, at their sole expense, may be required
23 to submit one or more of the following types of reports to the City.
24
25
26
27
28
Self-Monitoring Reports:
The Director may require a Permittee to submit periodic self-monitoring reports
containing a description of the (1) nature, concentration, and flow of Pollutants;
(2) the time, date, and place of sampling; (3) methods of analysis, and (4) other
information reasonably related to ensuring compliance with this Chapter
Sampling for self-monitoring reports shall be performed by the User as the
Director specifies. All required analyses shall be performed by a State
Certified or EPA-approved Laboratory using approved analytical methods.
A.
2001.00001
50246_1
- 40-
September 8, 1997
rn_~~~1010
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA. AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SE\^JER SYSTEM, TO REQUIRE COMPLIANCE WlTH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1
2
3
4
5
6
7
8
9
10
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28
2001-00001
50246~1
Class I and Class II Users shall submit self-monitoring reports at least once
every six months.
B Compliance Reports.
Class I Users shall submit initial Baseline Monitoring Reports (BMRs) and
periodic compliance reports, and, if applicable, compliance schedule reports
and final compliance reports.
1 Initial Baseline Monitoring Reports shall be submitted to the City to
facilitate evaluation of initial eompliance status with respeet to
Categorieal Standards, and any modifications or conditions necessary
to achieve full compliance with Categorical Standards.
Baseline Monitoring Reports shall include all information listed in
Section 13 32.305, and the results of sampling and analysis identifying
the nature and concentration, where required by the applicable
Categorical Standard or the Director, of regulated Pollutants in the
discharge from each regulated process. Instantaneous, daily maximum
and long-term average concentrations, or mass, where required, shall
be reported.
The Baseline Monitoring Reports shall include a statement, reviewed by
an Authorized Representative of the Industrial User, and certified as to
accuracy by a qualified professional, indicating whether Pretreatment
Standards are being met on a consistent basis, and, if not, whether
additional operation and maintenance andlor additional pretreatment is
required for the Industrial User to meet the Pretreatment Standards and
Requirements. New sources shall submit a Baseline Monitoring Report
at least 90 days prior to commencement of discharge
If immediate complianee with the Categorical Standard is not possible
and additional pretreatment or operation and maintenance is necessary,
the report must specify the shortest time necessary to achieve
compliance The completion date must not be later than that specified
in the applicable Categorieal Standards. New Sources shall achieve
compliance with all applicable Pretreatment Standards within 90 days
of commencing discharge.
2. Compliance Schedule Reports shall be submitted to the City, if
necessary, to demonstrate compliance with conditions of a time
schedule requiring full compliance with Categorical Standards andlor
other applicable discharge limits set forth in this Chapter by a specific
date.
Compliance Schedule Reports shall contain dates for eommencement
and completion of major events leading to construction and operation
of additional pretreatment equipment, including but not limited to dates
for pretreatment equipment design completion, building permit
submittal, construetion commencement, construction milestones,
progress reports, construction completion, employee training
completion, and final compliance. Samples shall be collected and
analyzed to demonstrate compliance. The samples shall be taken in
accordance with 40 CFR 136 and 40 CFR 403.12(b)(5). Compliance
Schedule Reports shall be submitted at the eompletion of all major
- 41 -
September 8, 1997
Me-lOlO
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENAL TIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1
2
3
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5
6
7
8
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2001-00001
50246_1
C
events necessary to achieve full compliance with Categorical Standards
or discharge requirements, but not less frequency than 30 days.
Compliance Schedule Reports shall be submitted within 14 days of a
milestone date. Absent unusual circumstances, the duration of a
compliance schedule shall not exeeed nine months.
Final Complianee Reports shall be submitted to the City by any User
subject to Categorieal Pretreatment Standards within ninety (90) days
following the date for final compliance with applicable Categorical
Pretreatment Standards, or in the case of a New Source, within ninety
(90) days following commencement of the introduction of Wastewater
into the POTW, to demonstrate that full eompliance with Categorical
Standards has been achieved. Final Compliance Reports shall include
all information eontained in a Baseline Monitoring Report.
Periodic Compliance Reports shall be submitted to the City to
demonstrate continued compliance with Categorical Standards.
Periodic Compliance Reports shall include all monitoring data specified
in the applicable Categorical Standard, and any additional monitoring
data obtained by the User during the period covered by the report.
Sampling for Periodie Compliance Reports shall be performed during
the period covered by the report. Analyses shall be performed by a
State Certified laboratory using approved analytical methods. Sampling
shall be performed in aecordance with 40 CFR Park 136 and 40 CFR
403 12(b )(5). Periodic Compliance Reports shall be submitted every six
months in June and December of each year, unless required to be
submitted more frequently by the Director Periodic Complianee
Reports may be combined with Self-monitoring Reports pursuant to
Paragraph A. of this Section.
Solvent Management Plans. All Industrial Users subject to promulgated
Categorical Standards which include a Total Toxic Organic (TTO) limitation
shall be required to file a Solvent Management Plan. The Direetor may also
require other Users to submit Solvent Management Plans where, in his
judgment, a plan is necessary to assure proper containment and disposal of
solvents.
3
4
D
Slug Diseharge Control Plans. All Industrial Users so required by the Director
shall develop and file with the Director and implement a Slug Discharge Control
Plan. The plan shall contain at least the following elements:
1
Description of discharge practices, including non routine batch
discharges,
Description of stored chemicals,
Procedures for prompt verbal notification to the City of Slug Discharges,
including any discharge that would violate a speeific prohibition under
Sections 13.32.210 or 13 32.240 of this Chapter or 40 CFR 403.5(b),
and procedures for follow-up written notification to the Direetor within 24
hours;
If required by the Director, the plan shall include procedures to prevent
adverse impact from accidental spills, including inspection and
maintenance of storage areas, handling and transfer of materials,
2.
3
4
-42 -
September 8, 1997
I Me-l01O
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER 51 ANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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loading and unloading operations, control of plant site run-off, worker
training, building of eontainment structures or equipment, measures for
containing toxie organic Pollutants (including solvents), andlor
measures and equipment for emergency response, and
E.
If required by the Director, the plan shall include follow-up practices to
limit the damage suffered by the POTW or the environment.
Specific Compliance Plans. All Industrial Users so required by the Direetor
shall file a Specific Compliance Plan. The plan shall indicate the cause of
noncompliance, the eorrective actions which will be taken to prevent
recurrence of the noncompliance, and, if required by the Director, a proposed
Compliance Time Schedule indicating the dates those corrective actions will
be completed.
5
F
Any other reports required by California State Law; including such reports as
are required by Chapter 6 95 of Division 20 of the California Health and Safety
Code
Users shall be responsible for compliance with all milestone dates established
pursuant to the reports required pursuant to this Chapter
13.32.335 Spill Containment Facilities. All Industrial Users shall provide Spill
Containment for protection against the unauthorized discharge of prohibited materials or
other wastes regulated by this Chapter Such protection shall be designed to prevent such
materials and wastes from entering into the Sewerage System in accordance with reasonable
engineering standards. Such facilities shall be provided and maintained at the Industrial
User's expense.
13.32.340 Siqnatorv and Certification Requirements. All Permit applications, reports
and plans submitted to the City by Industrial Users pursuant to Seetions 1332.270,
13 32.272, 13 32.305, 13 32.310, 13 32.315 and 13 32.330 shall be signed and dated by an
Authorized Representative of the User The signature shall accompany the following
eertifieation statement:
"I eertify under penalty of perjury under the laws of the State of
California 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
2001-00001
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September 8, 1997
Me-lO 1O
AN ORDlNANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13_32 OF THE SAN BERNARDINO MUNICIPAL CODe ENTlTLEO WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOlATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1
2
3
4
person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true,
accurate, and complete I am aware that there are significant
5 penalties for submitting false information, including the possibility
6 of fine and imprisonment for knowing violations."
7 Analytical reports submitted directly to the City by a certified analytical laboratory at
8 the request of the User for samples of Wastewater collected at User facilities may be signed,
9 dated, and certified by the laboratory manager in lieu of an Authorized Representative of the
10 User; however, such reports shall be accompanied by a statement, signed, dated, and
11 certified by an Authorized Representative of the User, as above, which verifies that the
12 sample identified in the analytical report was eollected on the date and time indicated at the
13 location indicated, and using the method indicated on the analytical report. This signed,
14 dated, and certified statement may be included as part of the chain-of-custody form for the
15 sample.
16 IV.
ENFORCEMENT.
17 13.32.400 Enforcement. General. Whenever any Person violates any provision ofthis
18 Chapter, a Wastewater Discharge Permit or administrative order issued hereunder, the
19 violation constitutes a violation of this Chapter and is immediately actionable. The Director
20 may take any, all or any combination of these actions against a noncompliant User The
21 Director may immediately proceed with anyone or more of the enforcement remedies set
22 forth in this Chapter
23 13.32.401 Notification of Violation. Whenever the Director finds that any User has
24 violated any discharge limit or requirement contained in this Chapter or a Wastewater
25 Discharge Permit, the Director may serve upon such User a written notice stating the nature
26 of the violation and the penalties for eontinued noncompliance. Within a preseribed period
27 specified in the notice, the User shall submit to the Director a Specific Compliance Plan
28 pursuant to Section 1332.330 E.
2001-00001
50246_1
.44.
September 8, 1997
I Me-l01O
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 13.32.402 Compliance Time Schedules. The Director may issue a Compliance Time
2 Schedule submitted by a User, or may issue a revised Compliance Time Sehedule if, in the
3 judgment of the Director, the User's proposed Compliance Time Schedule is insufficient to
4 achieve timely eompliance with this Chapter The Director will notify the User of the
5 Compliance Time Schedule established by the Direetor in a timely manner
6 13.32.403 Administrative Orders. The Director may direct compliance with any
7 prohibition, diseharge limit, or requirement of this Chapter or the provisions of a Wastewater
8 Discharge Permit by issuing one or more of the following administrative orders:
9
10
11
12
A.
B
C
D
Compliance Order
Cease and Desist Order
Termination of Service Order
Immediate Termination of Serviee Order
13 Any User served with an administrative order shall be subject to noncomplianeefees
14 which may be established by ordinance or resolution, as appropriate The City may also
15 bring a court action to enforce any administrative order issued pursuant to this Chapter
16 13.32.404 Compliance Orders. When the Director finds that a User has violated or
17 threatens to violate any prohibition, discharge limit or requirement of this Chapter or the
18 provisions of a Wastewater Discharge Permit, the Director may issue a Complianee Order
19 and direct the User to.
20
21
A.
B
Comply immediately; or
Comply in accordance with a specific Compliance Time Schedule
22 A Compliance Order may establish a Noncompliance Monitoring Program, or modify
23 an existing Noncompliance Monitoring Program. A Compliance Order may also include, but
24 is not limited to, modifications in the frequency and extent of monitoring, sampling and
25 analysis, submission of self-monitoring reports and directives to institute management
26 practices designed to minimize the amount of Pollutants diseharged to the Sewerage
27 System.
28 13.32.405 Cease and Desist Orders. When the Director finds that a User has violated
2001-00001
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September 8. 1997
I Me-lOl0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA. AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEINER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER 5T ANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 or threatens to violate any prohibition, diseharge limit, provision ofthis Chapter, Wastewater
2 Discharge Permit, or administrative order, the Director may issue a Cease and Desist Order
3 and direct the User to
4
5
6
A.
B
Comply immediately; or
Take appropriate remedial or preventative action, including, if necessary,
halting operations or terminating the discharge, in order to prevent the
recurrence of a violation or a threatened violation.
7 A Cease and Desist Order may establish a Noncompliance Monitoring Program or
8 modify an existing Noncompliance Monitoring Program. A Cease and Desist Order may also
9 include, but is not limited to, modifications in the frequency and extent of monitoring,
10 sampling and analysis, and submission of self-monitoring reports.
11 13.32.406 Determination of Noncompliance with Discharoe Limits.
12
13
14
15
16
17
18
19
20
21
22
23
A.
B.
Samplino Procedures
1
Sampling of all Users shall be conducted in the time, place, manner,
and frequency determined at the sole discretion of the City
Non-compliance with mass emission rate limits, concentration limits,
Permit discharge conditions, or any discharge provision of this Chapter
may be determined by an analysis of a grab or composite sample of the
effluent of a User Non-complianee with mass emission rate limits shall
be determined by an analysis of a eomposite sample of the User's
effluent, except that a grab sample may be used to determine
compliance with mass emission rate limits when the discharge is from
a closed (batch) treatment system in which there is no Wastewater flow
into the Sewerage System when the discharge is occurring, the volume
of Wastewater eontained in the batch system is known, the time interval
of diseharge is known, and the grab sample is homogeneous and
representative of the discharge.
Any sample taken from a sample point shall be deemed to be
representative of the discharge to the POTW
2.
3
Waste hauler Noncompliance with Discharoe Limits. A Wastehauler's non-
24 compliance with discharge limits shall be determined by an analysis of a sample of the
25 discharge for any constituent or conditions specified in the Wastehauler's Wastewater
26 Discharge Permit or this Chapter If the discharge of a Wastehauler is found by the analysis
27 to be in exeess of the eoncentration limits specified in the Wastehauler's Wastewater
28 Discharge Permit or in this Chapter, the Wastehauler shall, upon receiving a demand from
2001-00001
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- 46-
September 8,1997
Me-WID
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 1332 OF THE SAN BERNARDINO MUNICIPAL CODe ENTITLED WASTEWATER
FACiliTIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 the City, identify in writing all sources of the discharge
2 Even if it is established to the satisfaction of the Director that the origin of the
3 discharge is Domestic Liquid Waste or sanitary waste, the City may still elect not to accept
4 waste from that particular source.
5 13.32.407 Noncompliance Monitorinq Proqram.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
A.
Repeat Sampling:
If any sample analysis indicates that the User is discharging Wastewater with
Pollutant concentrations or levels exceeding discharge limits contained in this
Chapter or contained in User's permit, then the User shall collect and analyze
a follow-up sample or samples (as directed by the Director using approved
analytical methods) The User shall submit the completed follow-up sample
analysis to the City within thirty (30) days of notification by the City
B Initiation of Noncompliance Monitoring Program:
C
If the follow-up sample indicates continued noncompliance, the User may be
ordered by the Director to immediately initiate a Noncompliance Monitoring
Program requiring additional sampling and reporting by the User in accordance
with a schedule issued by the Director During the program, the User may be
subjeet to noncompliance fees established by ordinance or resolution, as
appropriate.
Termination of Noncompliance Monitoring Program:
The Noncompliance Monitoring Program may be terminated by the City upon
the User's demonstration of a return to consistent compliance. To demonstrate
consistent compliance, the User must either'
D
Terminate the discharge, or
Provide analyses (which have been analyzed using approved analytical
methods), which show diseharge levels in consistent complianee over
a period of not less than 30 days or as specified in the Program.
Noncompliance Fees.
1
2.
22 The payment of noncompliance fees by Users shall not bar the City from
undertaking any other enforcement, civil, or criminal proceedings. The purpose
23 of noncompliance fees is to compensate the City for costs of additional
sampling, monitoring, laboratory analysis, treatment, disposal and
24 administrative processing incurred as a result of noncompliance.
25 13.32.408 Permit Suspension or Revocation.
26
A.
Grounds
27 The Director may suspend or revoke any Permit when it is determined that a
28 Permittee.
2001-00001
50246_1
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September 8. 1997
Me-lOlO
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODe ENTITLED WASTEWATER
FACJLITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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1
Knowingly provides a false statement, representation, record, report, or
other document to the City
2.
Refuses to provide records, reports, plans, or other documents required
by the City to determine Permit terms, conditions, or limits, discharge
compliance, or compliance with this Chapter
Falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or sample colleetion method.
Fails to report significant changes in operations or Wastewater
constituents and characteristics.
3.
4
Fails to comply with the terms and conditions of an administrative order
issued pursuant to this Chapter
Discharges Effluent to the POTW while its Permit
is suspended
Refuses reasonable access to the Permittee's Premises forthe purpose
of inspection and monitoring.
Does not make timely payment of all amounts owed to the City for fees
imposed pursuant to this Chapter
Causes Interference with the City's collection, treatment, or disposal
system.
Fails to submit oral notice or written report of Bypass occurrenee.
Violates any condition or limit of its discharge Permit or any provision of
this Chapter
B Notice/Hearina When the Director has reason to believe that grounds exist for
5
6
7
8
9
10
11
the suspension or revocation of a Permit, he shall give written notiee by personal service or
eertified mail thereof to the Permittee setting forth a statement of the faets and grounds
deemed to exist together with the time and place where the charges shall be heard by the
Director The hearing date shall be not less than fifteen (15) calendar days nor more than
forty-five (45) calendar days after the mailing of such notice.
1
At the hearing, the Permittee shall have an opportunity to respond to the
allegations set forth in the notiee by presenting written or oral evidence.
The suspension or revoeation hearing shall be conducted in aeeordance
with the procedures established by the Director and approved by
counsel for the City
After the conclusion of the hearing, the Director shall make his
determination and should he find that grounds exist for suspension or
permanent revocation of the Permit, he shall issue his decision and
order in writing within thirty (30) calendar days after the conclusion of
2.
2001-00001
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September 8. 1997
Me-lOl0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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the hearing. The Director's decision shall include a brief statement of
faets found to be true, a determination of the issues presented and a
conclusion and order The written decision and order of the Director
shall be served personally or by certified mail on the Permittee or its
legal counsel/representative.
In the event the Director determines to not revoke the Permit, he may
order other enforcement actions, including, but not limited to, a
temporary suspension of the Permit, under terms and conditions that he
deems appropriate to further the purposes of this Chapter
C Effeet
1
Upon an order of suspension or revocation by the Director becoming
final, the Permittee shall lose all rights to discharge any Nondomestic
Wastewater directly or indireetly to the POTW in aceordance with the
order All costs for physical termination shall be paid by the Permittee.
Any owner or responsible management employee of the Permittee shall
be bound by the order of suspension or revoeation.
Any future application for a Permit at any location within the POTW's
Service Area by any Person subject to an order of revocation will be
considered by the City after fully reviewing the records of the revoked
Permit, which records may be the basis for denial of a new Permit.
An order of Permit suspension or revoeation issued by Director shall be
final in all respects on the thirty-first (31 st) day after it is served
personally or by certified mail on the Permittee unless a notiee of appeal
is filed with the City pursuant to Seetion 13 32.427 no later than 5'00
p.m. on the thirtieth (30th) day following sueh mailing.
2.
3
4
13.32.410 Termination of Service. When the Director finds that any User has done
any of the following acts, the Director may terminate sewer service to that User upon serving
appropriate notice to the User'
A. Violate a Cease and Desist Order;
B
Fail to accurately report the wastewater constituents and characteristics of its
discharge,
Fail to report signifieant changes in operations, or wastewater volume,
constituents and characteristies prior to discharge,
Refuse to allow reasonable aeeess to the User's Premises for the purpose of
inspection, monitoring or sampling;
Violate any Pretreatment Standard
C
D
E.
27 The procedures set forth in Section 13 32.408.B shall apply to termination of service
28 proceedings. The User shall be liable for all costs for termination of sewer service incurred
2001-00001
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September 8, 1997
Me-lOl0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA. AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACilITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 by the User and the City This provision is in addition to other statutes, rules, or regulations
2 authorizing termination of service for delinquency in payment, or for any other reason.
3 Sewer service may be re-instituted if the Director is satisfied that the User has
4 remedied all aspeets of noncompliance with this Chapter and that the User has the eapability
5 to and will remain in compliance in the future The User shall be liable for all costs for re-
6 institution of sewer service
7 13.32.415 Emeraencv Suspension of Service.
8
A.
The Director may suspend Sewerage Service or Waste hauler discharge
9 service, after informal notice to the User, when the Director determines that sueh suspension
10 is necessary in order to stop an actual or impending discharge whieh presents or may
11 present an imminent or substantial endangerment to the health and welfare of persons, or
12 to the environment, may cause Pass Through of or Interference with the POTW, or may
13 cause the City to violate any State or Federal Law or Regulation. Any User notified of and
14 subject to an emergency suspension order shall immediately cease the discharge of all
15 Nondomestic Wastewater to the Sewerage System. In the event that a User fails to
16 immediately comply with an emergency suspension order, the Director shall take steps as
17 deemed necessary, including immediate severance of the sewer conneetion, to prevent the
18 continued discharge of Nondomestic Wastewater to the POTW The User shall be liable for
19 all costs incurred by the City in terminating sewer service.
20
B
As soon as reasonably practicable following the issuance of an emergency
21 suspension order and informal notice to the User of the time and location for a hearing, but
22 in no event more than five (5) days following the issuance of such order, the Manager shall
23 hold a hearing to provide the User the opportunity to present information in opposition to the
24 issuance of the emergency suspension order Such a hearing shall not stay the effect of the
25 emergency suspension order The hearing shall be conducted in accordance with
26 proeedures established by the Manager and approved by counsel for the City The Manager
27 shall issue a written decision and order within two (2) business days following the hearing,
28 which decision shall be served personally or by certified mail on the User or the User's legal
2001-00001
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September 8, 1997
Me-lOlO
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODe ENT!TLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 eounsel. The decision of the Manager following the hearing shall be final and not
2 appealable.
3
C
Upon a demonstration by the User to the satisfaction of the Manager that the
4 period of endangerment has passed and will not recur, the Manager may allow the User to
5 recommence its discharge to the POTW, unless the Manager proceeds with permit
6 revocation or termination of service pursuant to Seetions 13.32.408 or 13 32.410
7 13.32.416 Public Nuisance Discharge of Wastewater in any manner in violation of
8 this Chapter or of any administrative order issued pursuant to this Chapter, is hereby
9 deelared a public nuisance and shall be corrected or abated as directed by the Direetor Any
10 person creating a public nuisance is guilty of a misdemeanor
11 13.32.417 Criminal Penalties. Any Person who violates any provision of this Chapter,
12 is guilty of a misdemeanor, which is punishable by a fine not to exceed One Thousand
13 Dollars ($1,00000) or by imprisonment for a period of not more than six (6) months, or both.
14 Each such Person shall be deemed guilty of a separate offense for every day during any
15 portion of which any violation of any provisions of this Chapter has been committed or
16 continued.
17 13.32.419 Seareh or Inspection Warrants. If the Director has been refused access to
18 a building or property, or any part thereof, or determines that a search or inspection warrant
19 is appropriate to conduct an investigation in furtherance of the purposes of this Chapter, the
20 Director may apply to a court of competent jurisdiction for the issuance of a search or
21 inspection warrant.
22 13.32.420 Leqal Action. If any person, firm or corporation violates or has the
23 reasonable potential to violate any provision of its Wastewater Discharge Permit, this
24 Chapter, Federal or State Pretreatment Standards or Requirements, or any administrative
25 order issued pursuant to this Chapter, the City Attorney may petition a court of competent
26 jurisdiction for appropriate legal, equitable or injunctive relief including, but not limited to,
27 issuance of a temporary restraining order, preliminary injunction, permanent injunction,
28 andlor any other relief that may be appropriate to restrain the continued violation or prevent
2001-00001
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September 8. 1997
Me-10l0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO. CALIFORNIA, AMENDING CHAPTER 1332 OF THE SAN BERNARDlNQ MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 threatened violations by the User
2 In addition to the penalties provided herein, the Director may recover reasonable
3 attorney fees, court costs, court reporter's fees, and other expenses of litigation by
4 appropriate suit of law against the Person found to have violated any of the provisions of this
5 Chapter or the orders, rules, regulations, and Permits issued thereunder
6 13.32.425 Civil Penalties.
7
A.
Authoritv All Users of the POTW are subject to enforcement actions
8 administratively or judieially by the District, EPA, Regional Board, and/or the County of San
9 Bernardino District Attorney The actions may be taken pursuant to the authority and
10 provisions of several laws, including but not limited to (1) Federal Water Pollution Control
11 Act, commonly known as the Clean Water Act (33 U S C Section 1251 et seq.); (2) California
12 Porter-Cologne Water Quality Act (California Water Code Section 13000 et seq.); (3)
13 California Hazardous Waste Control Law (California Health & Safety Code Section 25100 et
14 seq.); (4) Resource Conservation and Recovery Act of 1976 (42 US C Section 6901 et
15 seq.), and (5) California Government Code, Sections 54739 et seq.
16
B.
Recovery of Fines or Penalties. In the event the City is subject to the payment
17 of fines or penalties pursuant to the legal authority and actions of other regulatory or
18 enforcement agencies based on a violation of law or regulation or its permits, and the
19 violation can be established by City as caused by the discharge of any User of the POTW
20 which is in violation of any provision of this Chapter, the User's Permit, or an administrative
21 order issued pursuant to this Chapter, City shall be entitled to reeover from the User all costs
22 and expenses, including, but not limited to, the full amount of said fines or penalties to which
23 it has been subjected
24
C
Ordinance. Pursuant to the authority of California Government Code Sections
25 54739-54740, any person who violates any provision of this Chapter; any permit condition,
26 prohibition or effluent limit; or any suspension or revocation order shall be liable civilly for a
27 sum not to exceed $25,000 00 per violation for each day in which sueh violation occurs.
28 Pursuant to the authority of the Clean Water Act, 33 U S.C Section 1251 et seq., any person
2001-00001
50246_1
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September 8. 1997
I Me-l01O
AN ORDINANCE OF THE CITY OF SAN BERNARDINO. CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER 5T ANDARDS,
TO REVISE PENAL TIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 who violates any provision of this Chapter, or any permit condition, prohibition, or effluent
2 limit shall be liable civilly for a sum not to exceed $25,000 00 per violation for each day in
3 which such violation occurs. Counsel for the City, upon request of the Director, may petition
4 a court of competent jurisdietion to impose, assess, and recover such penalties, or sueh
5 other penalties as the City may impose, assess, and recover pursuant to Federal andlor
6 State legislative authorization.
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2001.00001
50246_1
Administrative Civil Penalties
1
Pursuant to the authority of California Government Code Sections
547405 and 547406, the City may issue an administrative complaint
to any Person who violates:
(a)
(b)
(c)
any provision of this Chapter;
any permit condition, prohibition, or effluent limit; or
any suspension or revocation order
2.
The administrative complaint shall be served by personal delivery or
certified mail on the Person and shall inform the person that a hearing
will be conducted, and shall specify a hearing date within sixty (60) days
following serviee. The administrative complaint shall allege the aet or
failure to act that constitutes the violation of the City's requirements, the
provisions of law authorizing civil liability to be imposed, and the
proposed civil penalty The matter shall be heard by the Manager The
Person to whom an administrative complaint has been issued may
waive the right to a hearing, in which case a hearing will not be
conducted
3.
At the hearing, the Person shall have an opportunity to respond to the
allegations set forth in the administrative complaint by presenting written
or oral evidence. The hearing shall be conducted in accordance with
the procedures established by the Manager and approved by the
counsel for the City
After the conclusion of the hearing, the Manager shall prepare a written
report setting forth a statement of the facts found to be true, a
determination of the issues presented and conclusions. Ifthe Manager's
designee conducts the hearing, the designee shall prepare and submit
the written report to the Manager, along with a recommendation.
Upon preparation by the Manager of the written report, or receipt from
his designee of the written report, the Manager shall make his
determination and should he find that grounds exist for assessment of
a civil penalty against the Person, he shall issue his deeision and order
in writing within thirty (30) calendar days after the conclusion of the
hearing
4
5
- 53 -
September 8,1997
Me-lOl0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALlFORN!A, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
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2001-00001
50246_1
6 If, after the hearing or appeal, if any, it is found that the Person has
violated reporting or discharge requirements, the Manager or Board
may assess a civil penalty against that Person. In determining the
amount of the civil penalty, the Manager or Board may take into
consideration all relevant circumstances, ineluding but not limited to the
extent of harm caused by the violation, the economic benefit derived
through any non-compliance, the nature and persistence of the
violation, the length of time over which the violation occurs, and
eorrective aetion, if any, attempted or taken by the Person involved.
7 Civil penalties may be assessed as follows:
(a) In an amount which shall not exceed Two Thousand Dollars
($2,000 00) for each day for failing or refusing to furnishtechnical
or monitoring reports;
(b) In an amount which shall not exceed Three Thousand Dollars
($3,000 00) for each day for failing or refusing to timely comply
with any compliance schedules established by the City;
(c) In an amount which shall not exceed Five Thousand Dollars
($5,000 00) per violation for each day of discharge in violation of
any waste discharge limit, Permit condition, or requirement
issued, reissued, or adopted by the City;
(d) In any amount which does not exceed Ten Dollars ($10 00) per
gallon for discharges in violation of any suspension, revocation,
cease and desist order or other orders, or prohibition issued,
reissued, or adopted by the City
8 An order assessing administrative civil penalties issued by the City shall
be final in all respects on the thirty-first (31 st) day after it is served on
the Person unless a notice of appeal is filed with the Board pursuant to
Section 13.32.427 no later than the thirtieth (30th) day following such
mailing. An order assessing administrative civil penalties issued by the
Board shall be final upon issuance.
9 Copies of the administrative order shall be served on the party served
with the administrative complaint, either by personal service or by
registered mail to the Person at the business or residence address, and
upon other Persons who appeared at the hearing and requested a copy
of the order
10 Any Person aggrieved by a final order issued by the Board, after
granting review of the order of the Manager, may obtain review of the
order of the Board in the superior eourt, pursuant to Government Code
Section 547406, by filing in the court a petition for writ of mandate
within thirty (30) days following the serviee of a copy of the decision or
order issued by the Board
11 Payment of any order setting administrative civil penalties shall be made
within thirty (30) days of the date the order becomes final. The amount
of any administrative civil penalties imposed which have remained
delinquent for a period of sixty (60) days shall constitute a lien against
the real property of the discharger from which the discharge resulting in
- 54-
September 8, 1997
Me-lOl0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1
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5
12.
the imposition of the civil penalty originated. The lien shall have no
effect until recorded with the county recorder The City may record the
lien for any unpaid administrative civil penalties on the ninety-first (91 st)
day following the date the order becomes final.
No administrative civil penalties shall be recoverable under Section
13.32.425 D for any violation for which the City has recovered civil
penalties through a judicial proceeding filed pursuant to Government
Code Section 54740
6 13.32.427 Appeals to the Board.
7
A.
General. Any User, Permit applicant, or Permittee adversely affeeted by a
8 decision, action, or determination made by the Director may file a written notice of appeal
9 requesting a hearing before the Board, which notiee shall be aceompanied by an appeal fee
10 in the amount established by a separate resolution of the Board. The notice of appeal shall
11 be filed within thirty (30) days of the service on the appellant of notice of the decision, action
12 or determination of the Director The notice of appeal shall set forth in detail all the issues
13 in dispute for which the appellant seeks determination and all facts supporting appellant's
14 request, and shall be accompanied by a fee in the amount of $75 00
15 No later than sixty (60) days after receipt of the request for hearing, the Board shall
16 either set the matter for a hearing, or deny the request for a hearing in accordance with
17 Section 13.32.427 B.
18 Upon receipt of a timely notice of appeal, and for those appeals for which a hearing
19 is granted pursuant to Section 13.32.427 B ,a hearing shall be held by the Board within sixty-
20 five (65) days, unless a later date is agreed to by the appellant and the Board. If the matter
21 is not heard within the required time, due to actions or inactions of the appellant, the
22 Director's order shall be deemed final.
23 As this Ordinance constitutes a legislative enaetment, except as expressly authorized
24 under this Chapter, there are no provisions for waiver or variance from the terms of this
25 Ordinance.
26
B.
Grantina Reauestfor Hearina The Board shall grant all requests for a hearing
27 on appeals concerning an award of civil penalties, or orders of permit suspension,
28 revocation, or denial. Whether to grant or deny the request for a hearing on appeals of other
2001-00001
50246_1
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September 8. 1997
Me-l0l0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 1332 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 decisions of the Director shall be within the sole discretion of the Board
2
C
Appeal Fee Refund. The appeal fee shall be refunded if the Board denies a
3 hearing or reverses or modifies, in favor of the appellant, the order of the Director The fee
4 shall not be refunded if the Board denies the appeal.
5
D
Written Determination. Afterthe hearing, the Board shall make a determination
6 whether to uphold, modify, or reverse the decision, action, or determination made by the
7 Director
8 The decision of the Board shall be set forth in writing within sixty-five (65) days after
9 the close of the hearing and shall contain findings of the facts found to be true, the
10 determination of issues presented, and the conclusions. The written decision and order of
11 the Board shall be served personally or by certified mail on the appellant or its legal counsell
12 representative
13 The order of the Board shall be final upon its adoption. In the event the Board fails
14 to reverse or modify the Director's order, it shall be deemed affirmed.
15 13.32.428 Financial Securitv/Amendments to Permit.
16
A.
Complianee Deposit. Permittees that have been subject to enforcement and/or
17 collection proceedings may be required to deposit with the City an amount determined by the
18 Director as necessary to guarantee payment to City of all charges, fees, penalties, costs and
19 expenses that may be incurred in the future, before permission is granted for further
20 discharge to the sewer
21
B.
Delinquent Accounts. The City may require an amendment to the Permit of any
22 Permittee who fails to make payment in full of all fees and charges assessed by the City or
23 otherwise incurred by Permittee.
24
C
Bankruptcv Every Permittee filing any legal action in any court of competent
25 jurisdiction, including the United States Bankruptcy Court, for purposes of discharging its
26 financial debts or obligations or seeking court-ordered proteetion from its creditors, shall,
27 within ten (10) days offiling such action, apply for and obtain the issuance of an amendment
28 to its Permit.
2001-00001
50246_1
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September 8,1997
Me-lOlO
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODe ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENAL TIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1
D
Permit Amendments. The City shall review and examine Permittee's account
2 to determine whether previously incurred fees and charges have been paid in accordance
3 with time requirements prescribed by this Chapter The City may thereafter issue an
4 amendment to the User's Permit in aeeordance with the provisions of this Chapter
5
E.
Seeuritv An amendment to a Waste Discharge Permit issued pursuant to
6 Sections 13 32.428.B, C and/or D, may be conditioned upon the Permittee depositing
7 financial security in an amount equal to the average total fees and charges for two (2)
8 calendar quarters during the preeeding year The deposit shall be used to guarantee
9 payment of all fees and charges incurred for future services and facilities furnished by City
10 and shall not be used by the City to recover outstanding fees and charges incurred prior to
11 the Permittee filing and receiving protection from creditors in the United States Bankruptcy
12 Court.
13
F
Return of Security In the event the Permittee makes payment in full within the
14 time prescribed by this Chapter of all fees and charges incurred over a period of two (2)
15 years following the issuance of an amendment to the Permit pursuant to Sections
16 1332.428 B, C and/or D, the City shall either return the security deposit posted by the
17 Permittee or credit his account.
18 13.32.430 Enforcement Response Plan. The Director shall prepare, implement, and,
19 if necessary, periodically update an Enforeement Response Plan in conformance with EPA
20 guidance contained in 40 CFR 403 8(f)(5).
21 13.32.440 Notice of Discharae Prohibition. The Director may serve a written Notice
22 of Discharge Prohibition on any person(s) engaged in any activity or activities which, while
23 not resulting in a discharge of Nondomestic Wastewater to the P01W at the time, may, in
24 the Director's judgment, result in a discharge of Nondomestic Wastewater at some time in
25 the future A Notice of Discharge Prohibition shall include at lease the following:
26
27
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A.
B
A list of general discharge restrictions and prohibitions;
A list or citation of any Categorical Standards that would be applicable upon
commencement of Nondomestic Wastewater discharge,
2001-00001
50246_1
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September 8, 1997
Me-lOl0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR ViOlATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
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C
A requirement to apply for and obtain a Wastewater Diseharge Permit prior to
commencing discharge of Nondomestic Wastewater to the POTW;
D A requirement for notification of slug or accidental discharges; and
E.
A statement of applieable civil and criminal penalties for violation of
Pretreatment Standards and Requirements. A Notice of Discharge Prohibition
may also contain one or more of the following:
1 A requirement to prepare and submit a Slug Diseharge Control Plan,
2.
A requirement to install and maintain one or more Spill Containment
systems;
A requirement for maintaining and retaining plant records relating to
wastes removed from the facility;
A requirement to submit an annual written statement to the Director
certifying that no Nondomestic Wastewater has been discharged to the
POTW during the previous year other than diseharges of which the
Directorwas properly notified, and that no Nondomestic Wastewaterwill
be discharged during the forthcoming year without proper notification
andlor obtaining a Wastewater Discharge Permit.
3
4
13 13.32.445 Industrial Waste Pass Throuoh or Interference Any Person whose
14 discharge results in a Pass Through or Interference event affecting the POTW shall be liable
15 for all costs associated with the event, including treatment costs, regulatory fines, penalties,
16 assessments, and other indirect costs. The User shall submit to the City plans to prevent
17 future recurrences to the satisfaction of the Direetor
18 13.32.450 Publication of Violation. Upon a determination in a Permit suspension,
19 Permit revocation, or civil penalty proceedings that a User has discharged in violation of its
20 Permit or any provision under this Chapter, the City may require that the User notify the
21 public andlor other Users of the POTW of such violation, of actions taken to correct such
22 violation, and of any administrative or judicial orders or penalties imposed as a result of such
23 violation.
24 13.32.460 Recovery of Costs Incurred bv Citv In the event a Permittee fails to comply
25 with any of the terms and conditions of this Chapter, an administrative order, compliance
26 schedule or a Permit issued hereunder, the City shall be entitled to reasonable attorney fees
27 and costs which may be incurred in order to enforce any of the terms and conditions, with or
28 without filing proceedings in court.
2001-00001
50246_'
- 58 -
September 8, 1997
Me-lOlO
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODe ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SE'l'JER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS '
1
2
13.32.470 Judicial Review
A.
Purpose and Effect. Pursuant to Section 1094 6 of the California Code of Civil
3 Procedure, the City hereby enacts this Seetion to limit to ninety (90) days following final
4 decisions in adjudicatory administrative hearings the time within which an action can be
5 brought to review such decisions by means of administrative mandamus.
6
B
Definitions. As used in this Seetion, the following terms and words shall have
7 the following meanings.
8
9
10
11
12
13
14
C
Deeision shall mean and include adjudicatory administrative decisions
that are made after hearing, and after an award of civil penalties
pursuant to Section 13 32.425 D, after revoking, suspending, or denying
an application for a Permit or a license, or after other administrative
hearings taken to enforce this Chapter
Complete Record shall mean and include the transcript, if any exists, of
the proceedings, all pleadings, all notices and orders, any proposed
decision by the Director, and the final decision, all admitted exhibits, all
rejected exhibits in the possession of the City or its officers or agents,
all written evidence, and any other papers in the case.
Time Limit for Judicial Review Except as set forth in Section 1332.470 G ,
1
2.
15 judicial review of any decision of the City or its officer or agent may be made pursuant to
16 Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed
17 not later than the ninetieth (90th) day following the date on which the decision becomes final.
18 If there is no provision for reconsideration in the proeedures governing the proceedings or
19 if the date is not otherwise specified, the decision is final on the date it is made. If there is
20 a provision for reconsideration, the decision is final upon the expiration of the period during
21 which such reconsideration can be sought; provided that if reconsideration is sought by the
22 aggrieved party pursuant to such provision, the decision is final for the purposes of this
23 Section on the date that reconsideration is acted upon by the Board, or officer or agent, and
24 written notiee thereof is provided.
25
D
Preparation of the Record. The complete reeord of the proceedings shall be
26 prepared by the City officer or agent who made the decision and shall be delivered to the
27 petitioner within ninety (90) days after he has filed written request therefor The City may
28 recover from the petitioner its actual costs for transcribing and otherwise preparing the
2001-00001
50246_1
- 59-
September 8. 1997
I Me-lOIO
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEVVER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER 51 ANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 record.
2
E.
Extension. If the petitioner files a request for the record within ten (10) days
3 after the date the decision becomes final, the time within which a petition, pursuant to Section
4 1094 5 of the Code of Civil Procedure, may be filed shall be extended to not later than the
5 thirtieth (30th) day following the date on which the record is either personally delivered or
6 mailed to the petitioner or the petitioner's attorney of record, if appropriate.
7
F
Notice. In making a final decision, the City shall provide notice to the Person(s)
8 subject to the administrative decision that the time within which judicial review must be
9 sought is governed by Section 1094 6 of the Code of Civil Procedure.
10
G
Administrative Civil Penalties. Notwithstanding the foregoing in Section
11 1332.470, and pursuant to Government Code Section 54740 6, judicial review of an order
12 of the Common Council imposing administrative civil penalties pursuant to Section
13 13 32.425.0 may be made only if the petition for writ of mandate is filed not later than the
14 thirtieth (30th) day following the day on which the order of the Board becomes final.
15 V.
CONNECTION PERMITS AND CHARGES
16 13.32.500 Compliance Required Prior to Issuance of Certificate of Occupancv No
17 certificate of occupancy shall be issued and no Premises shall be occupied until the owner,
18 occupant, or tenant of the Premises has complied with all rules and regulations of this
19 Chapter (Ord. MC-273, 5-23-83, Ord 3693 96, 1977)
20 13.32.505 Connection Required.
21
A.
The owner of any Premises used for human occupancy, employment,
22 recreation, or other purposes situated within the City taking access from any street,
23 easement or vehicle way, is required to connect the Premises directly to the City Sewerage
24 System. The owner may petition the Mayor and Common Council for reimbursement of the
25 eosts under San Bernardino Municipal Code Section 13 08.080 for that portion of the line
26 extension over three hundred feet as measured from the point of the connection with the
27 existing sewer facilities to the point where the extension enters the lot, parcel or tract to be
28 serviced
2001.00001
50246_1
- 60-
September 8, 1997
Me-l0l0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEINER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1
B
The Engineer may waive or modify, the requirement to connect to the City
2 Sewerage System where one or more of the following conditions exist:
3
4
5
6
7
8
9
10
11
1
The proposed single family residential development will be built upon a
lot larger than one-half acre, or the proposed commercial/industrial
development will generate less than 200 gallons of domestic Sewage
per day (based upon 15 gallons of Sewage per day per employee); and
there is a natural obstruction, such as a hill, stream or adverse grades,
that prevents the practical extension of a sewer line to serve the
development.
The proposed residential developmentoffour (4) units or less is an in-fill
project, where structures exist on at least 75% of the block and none
are connected to the Sewerage System.
The proposed development will not generate any Sewage.
The proposed development is an addition to an existing structure and
is less than 25% in area of the existing structure, and does not exceed
1,000 square feet.
2.
3
4
12 A waiver to connect to the City Sewerage System shall not be construed as approval
13 for installation of a septic tank. Permits for construction of septic tanks shall be subject to the
14 normal environmental review and approval proeess by the Department of Planning and
15 Building Services.
16 All waivers granted are temporary In nature, in that when a main sewer line is
17 constructed within three hundred (300) feet of the property, connection to the Sewerage
18 System will be required within one hundred twenty (120) days of notification. The owner of
19 the property receiving a waiver to sewer connection must sign and record an agreement
20 waiving their right, and the right of any successors in interest, to protest the future formation
21 of a sewer assessment district which includes this property
22 This section shall only be applicable to developments for which a building permit is
23 issued after June 5, 1989 (Ord. 663, 6-5-89)
24
An administrative fee, in the amount of $500.00 shall be paid to the Engineer
C
25 for all requests for a waiver of the condition to connect to the City Sewerage System. (Ord.
26 MC-680, 10-2-89; Ord. MC-614, 12-7-87, Ord. MC-273, 5-23-83, Ord. 3693 !F, 1977)
27 13.32.510 Connection Permit Reauired.
28
Any Person wishing to connect any Premises to the Public Sewers andlor
A.
2001-00001
50246_1
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September 8, 1997
Me-l0l0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 Wastewater Treatment Facilities for purposes of discharging Domestic or Nondomestie
2 Wastewater to a Public Sewer shall first obtain a conneetion permit. This permit shall be
3 authorization to physically connect the Premises to a Public Sewer or to a lateral line
4 connecting to a Public Sewer The connection permit is separate and distinct from a
5 Wastewater Discharge Permit which must be obtained for a discharge of Nondomestic
6 Wastewater pursuant to Article III
7
B.
Connection permits shall be issued by the Engineer in accordanee with
8 regulations to be promulgated by him together with applicable ordinances. The regulations
9 shall describe the conditions of the connection permit, the type of construction required, and
10 the fees to be paid for the connection permit thereof
11
C
Each Premises shall be connected to the Publie Sewer andlor the Wastewater
12 Treatment Facilities through a separate eonnection, unless the Manager determines that a
13 single connection fully protects the interests of the City A separate connection permit shall
14 be obtained for eaeh such eonnection.
15
D
A condition of the connection permit shall require that if, at any future date, the
16 Premises is abandoned, the connection to the Public Sewer shall be adequately sealed to
17 prevent flow into the Public Sewer (Ord MC-273, 5-23-83, Ord. 3693928, 1977)
18 13.32.520 Charaes - Pavment of Base Charaes. All Premises which are served by
19 a connection to the Public Sewer andlor Wastewater Treatment Facilities of the City shall be
20 charged, and the User thereof shall pay base charges as generally deseribed in this section
21 and as particularly enacted by adopted resolution or ordinanee, as appropriate.
22
A.
Single family residential dwelling units shall be charged a fixed monthly fee for
23 each individual dwelling unit. Such fee shall be established by resolution or ordinance, as
24 appropriate. The fee shall be adequate to realize from the residential Users so charged. an
25 amount suffieient to cover the share of costs of the sewerage facilities attributable to this
26 class of Users. The costs shall include all costs of financing, maintaining and operating the
27 system and developing the necessary reserve funds to ensure future development and
28 operation of the system.
2001-00001
50246_'
- 62-
September 8, 1997
Me-lOlO
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 1332 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS ANDIO MAKE VARIOUS TECHNICAL CORRECTIONS
1
B
Multi-family residential units, commercial Users, and all other Users except
2 single family residential dwelling units shall be charged on the basis of total water
3 consumption for the comparable water billing period. The rate for such charges shall be
4 established by resolution or ordinance, as appropriate. The fees shall be adequate to realize
5 from the class of Users so eharged an amount sufficient to cover the share of costs of the
6 sewerage facilities attributable to this class of Users. The costs shall include all costs of
7 financing, maintaining and operating the system and developing the necessary reserve funds
8 to ensure future development and operation of the system.
9
C
Industrial Premises from which Nondomestic Wastewater is discharged shall
10 be billed on the basis of the amount of Wastewater flow specified in the Permit or determined
11 by actual flow measurement. It is recognized that the amount of Wastewater generated by
12 a given Premises is normally less than the water consumed by that Premises.
13
D
The charges provided for in this Chapter are based on the assumption that the
14 percentage of Wastewater produced from water consumed is approximately the same for all
15 Users included in a given billing category If the Board determines that for a partieular User
16 or group of Users the above assumption is not correct and if the percentage of Wastewater
17 produced from water consumed is significantly different from the percentage under the
18 existing billing concept, the Board may modify the existing billing concept to invoke an
19 equitable eharge to the User The rate for such amended charges shall be established by
20 resolution or ordinance, as appropriate To support such amended charges, the User may
21 be required to install facilities as set forth in Article II of this Chapter
22
E.
The Board shall establish a rate of charges for a User when the User's
23 Wastewater is derived, either in part or in full, from a source other than the City's potable
24 water supply A source of supply includes, but is not limited to, any material which is
25 transported onto the User's Premises. (Ord. MC-950, 9-21-95)
26 13.32.530 Charges - Industrial Wastewater Discharae Permit. All Industrial
27 Wastewater Discharges shall be required to pay a Wastewater Discharge Permit fee and
28 monitoring fees, and a Nondomestic Wastewater Discharge inspection fee. The amount of
2001-00001
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September 8, 1997
Me-10l0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER S1 ANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 these fees shall be established by resolution or ordinance ofthe Board, as appropriate (Ord
2 MC-571, 12-22-86, Ord MC-273, 5-23-83, Ord. 3693 921, 1977)
3 13.32.535 Payments.
4
A.
The charges herein fixed for any Premises shall be collected with the charges
5 and rates for water service furnished to the Premises by the City or other public water
6 purveying ageney The charges herein fixed shall be billed upon the same bill as is prepared
7 for charges for water service and shall be due and payable monthly at the same time that
8 such charges for services are due and payable. The total amount due for the charges herein
9 fixed and for charges for water shall be paid as a unit.
10
B
In the event any Person fails to pay any charge herein provided when the same
11 becomes due, the City may, in addition to any other remedies it may have, cut off water
12 service or any of the services and facilities referred to in this Chapter after giving the Person
13 a five-day notice thereof, and shall not resume the same until all delinquent charges together
14 with any charges necessitated by resumption of such services and facilities have been fully
15 paid
16
C
In the event the City or any other public water purveying ageney does not
17 furnish water service to the Premises, then the charges herein fixed or provided by other
18 means for such Premises shall be due and payable monthly on the first day of each and
19 every month or bimonthly as necessitated by other billing periods, and shall be paid by the
20 occupant, owner or Person in charge of sueh Premises. It shall be the duty of the Municipal
21 Water Department to prepare and send (or have another billing agency prepare andlor send)
22 separate monthly bills for all charges fixed for such Premises.
23
D
It shall be the duty of the Municipal Water Department of the City to collect all
24 charges provided herein.
25
E.
All funds and monies received from the collection of sewer serviee charges as
26 herein established shall be deposited with the City Treasurer for deposit in the sewer fund.
27
F
The charges established by and pursuant to this Chapter shall not be imposed
28 where a building, structure, trailer or park space or other occupancy speeified by Resolution
2001-00001
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September 8, 1997
Me-l0l0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODe ENTITLED WASTEWATER
FACILlTIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEII\'ER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 of the City is being newly constructed or placed on vacant property and served by City water
2 until such time as the building, structure or park space is first occupied Thereafter, charges
3 shall be imposed on a regular basis in accordance with the terms and eonditions of this
4 Chapter and resolutions or ordinances, as appropriate, adopted or enacted pursuant thereto
5 and shall be placed on the billing for water following the date of initial oceupancy
6
G
The owner of any rental property shall promptly advise the City Water
7 Department of the date of the first occupancy of the Premises. (Ord MC-950, 9-21-95, Ord
8 MC-273, 5-23-83, Ord 3693 922, 1977)
9 13.32.580 Construction of Extension to Public Sewer
10
A.
Any Person desiring to construct an extension to any Public Sewer at his own
11 expense shall do so in accordance with applicable ordinances and with regulations to be
12 promulgated by the Engineer and approved by the Mayor and Common Council. In general,
13 cost of such extensions shall be borne by the Persons desiring the extension and, where
14 specified by the regulations, other Persons benefiting from the sewer extension.
15
B
The Engineer shall be authorized to enter into agreements with Persons
16 desiring to construct sewer extension for the repayment to the builder of portions of the cost
17 of the extension when other Premises not owned or controlled by the builder are connected
18 to the system and pay an appropriate conneetion fee. All such agreements shall be made
19 pursuant to regulations promulgated by the Engineer and approved by the Mayor and
20 Common Council. (Ord. MC-273, 5-23-83)
21 VI.
ADOPTION
22 13.32.600 Effective Date - Annexations. Any discharges from Premises in areas not
23 presently being served which are annexed to the City subsequent to the enactment of this
24 Chapter shall be considered new discharges. Wherever in this Ordinance time limits are
25 established or periods of compliance or extensions thereof are specified, the commencement
26 date for computing such periods of time limits for areas annexed to the City of San
27 Bernardino subsequent to Deeember 15, 1977 shall be the official annexation date. This
28 Section shall have no application to firms or industries established in annexed areas
2001-00001
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September 8, 1997
Me-lOl0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO. CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODe ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE \NTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS '
1 subsequent to the annexation date. (Ord. MC-273, 5-23-83, Ord. 3693 925, 1977)
2 13.32.605 Effective Date - Citv of San Bernardino and Unincorporated Portions of San
3 Bernardino Countv Served bv the San Bernardino POTW The Mayor will sign this and the
4 City Clerk shall attest thereto, and it shall become effective in the City of San Bernardino and
5 portions of San Bernardino County served by the San Bernardino POTW thirty (30) days
6 after adoption.
7 13.32.610 Conflicts. All ordinances or portions of ordinances in confliet herewith are
8 hereby repealed.
9
10 I HEREBY CERTIFY thatthe foregoing Ordinance was duly adopted by the Mayor and
11 Common Council of the City of San Bernardino at a j oint regular
meeting thereof,
12 held on the 17 day of
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, 1997, by the following vote, to wit:
November
COUNCIL MEMBERS. AYES NAYS ABSTAIN ABSENT
NEGRETE X
CURLIN X
ARIAS X
OBERHELMAN X
DEVLIN X
ANDERSON X
MILLER X
Q~~
\..... Rachel Clark, City Clerk
2001-00001
50246_1
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September 8. 1997
I Me-lOl0
AN ORDINANCE OF THE CITY OF SAN BERNARDINO. CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERALANQ STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1
The foregoing Ordinance is hereby approved this
day of
18
2
,1997
November
3
~~J1JI~
I Tom Minor, Mayor
City of San Bernardino
4
5
APPROVED AS TO FORM
6 AND LEGAL CONTENT
7
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9 By.
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2001.00001
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September 8, 1997