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MAYOR & COMMON COUNCIL / COMMUNITY DEVELOPMENT COMMISSION MEETING BACKUP MEETING DATE: February 6, 2006 DEPUTY: Linda Sutherland *** No backup materials are included for the following items. *** ITEM # STATUS 11 12 18 19 25 27 Old Waterman Canyon Fire Set workshop for Tuesday, February 21,2006 at EDA Boardroom Ordinance - first reading amending Title 6 relating to animals Ordinance - first reading amending Chapter 15.12 re earthquakes Public hearing - amend Chapter 13.32 re Wastewater Facilities Set a public hearing for proposed development impact fees CITY DF SAN BERNARDIND - REGlUEST FDR CDUNCIL ACTIDN Dept: Water Subject: Adopt an Ordinance of the City of San Bernardino, California, Arnending Chapter 13.32 of the San Bernardino Municipal Code Entitled Wastewater Facilities; to Revise Industrial Lirnits for Discharge into the Sewer System, to Require Compliance with Federal and State Wastewater Standards, to Revise Penalties for Violation of Discharge Standards and to rnake Various Technical Corrections From: Stacey R. Aldstadt, General Manager Date: January 17, 2006 Adopt a Resolution of the Mayor and Common Council of the City of San Bernardino adopting an Enforcement Response Plan establishing appropriate responses and penalties to non- compliant users who discharge non-domestic wastewater to the San Bernardino Water Reclamation Plant. . M/CC: 2/6/2006 ORIGINAL Synopsis of Previous Council Action: January 10, 2006 Legislative Review Committee recommended item for approval. Recommended motion: That the Public Hearing be closed, that said Ordinance be laid over for adoption, and that said Resolution be adopted. Si9ri~~ Contact person: Stacev R. Aldstadt. General Manaaer Phone: 384-5091 Supporting data attached: Yes Ward: NIA FUNDING REQUIREMENTS: Amount: NIA Source:(Acct. No.) Water Department (Acet. Description) Finance: Council Notes: 4- ~f)~6- 35 Ol./ (, I DII 75-0262 Agenda Item No. J.5 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: An ordinance of the City of San Bernardino, California~ amendin.g Chapter 13.32 of the San Bernardino Municipal Code entitled Wastewater Facilines; to revtse industrial limits for discharge into the 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. A resolution of the Mayor and Common Council of the City of San Bernardino adopting an Enforcement Response Plan establishing appropriate responses and penalties to non-compliant users who discharge non-domestic wastewater to the San Bernardino Water Reclamation Plant. Background: The United States Environmental Protection Agency (EP A) has established the Industrial Wastewater Pretreatment Program through the Clean Water Act. Publicly Owned Treatment Works (POTWs) are required to develop and implement the Industrial Waste Pretreatment Program in compliance with Federal laws and regulations. The City of San Bernardino has previously adopted an Ordinance set forth in Municipal Code, Chapter 13.32 which implements the Industrial Waste Pretreatment Program and the Liquid Waste Hauler Program in order to control the discharge of waste into the sewage treatment system. J."he Water Department has been directed by the Santa Ana Regional Water Quality Control Board to update the City's Wastewater Discharge Ordinance which regulates the discharge of industrial waste into the City's sewerage system. The purpose of the updating is to ensure that the City is in compliance with all Federal and State laws, including the Federal Clean Water Act (33 U.S.c. 1251 et seq.) and Federal Regulations which implement that act. The attached Wastewater Discharge Ordinance is a comprehensive revision of the City's existing Ordinance and implements Federal and State requirements for regulation of industrial wastewater discharges, as well as the implementation of an Enforcement Response Plan, as required in 40 CFR 403.8(f)(5)(i-iv) . The substantive provisions follow the guidelines included in EP A documents and are common to every large Publicly Owned Treatment Works in the nation. Upon adoption, the City, through the Water Department, will have a state of the art regulatory program in place that is both "user friendly" to industry and commerce and at the same time helps to assure the highest level of environmental protection for our water supplies. The Ordinance updates the City's existing authority in several areas, including the following 1. Prohibiting the discharge of certain types of industrial wastes, such as explosive gases and toxic pollutants, into the sewerage system; 2. Establishing local limits for the discharge of industrial wastes, such as regulating the discharge of pollutants including lead, chromium and cyanide, among others, to the sewerage system. CHAPTER 1.132 PaPe 1 02/0(,/200(, 3. Requiring industrial wastewater dischargers to install appropriate equipment to "pre-treat" industrial waste prior to the discharge to the sewerage system; 4. Updating the authorization for the Water Department to inspect, monitor and sample industrial waste discharges; 5. Revising the permit program through which the Water Department regulates industrial waste dischargers; 6. Establishment of an oil and grease limit of 250 mg/l to minimize oil and grease blockages and reduce maintenance costs of the P01W. 7. The Ordinance includes the addition of administrative orders, identified in the Enforcement Response Plan, establishing appropriate responses and penalties to non-compliant users who discharge non-domestic wastewater to the San Bernardino Water Reclamation Plant. The Ordinance revisions are considered non-substantial modifications as defmed in 40 CFR 403.18(b). Regulations specified in 40 CFR 403.18( d) requires that "The P01W notify the Approval Authority of any non-substantial modifications at least forty-five (45) days prior to implementation by the P01W..." The Resolution provides for adoption of the Enforcement Response Plan (ERP) by the Mayor and Common Council, with a delegation of authority for enforcement to the Board of Water -::ommissioners. The ERP revisions transfer responsibility of implementing the provisions of the ERP from the Director of Water Reclamation to the Board of Water Commissioners. The ERP includes administrative fmes for failure to comply with applicable permit or Ordinance reqrurements. Copies of the Ordinance and ERP were delivered on June 23, 2005, to the Santa Ana Regional Water Quality Control Board, which is the approval authority. To date no comments have been received by the department. The Ordinance was approved by the Legislative Review Committee on January 10,2006. Financial Impact: None. Recommendation: That the Public Hearing be closed, that said Ordinance be laid over for adoption, and that a Resolution authorizing use of the Enforcement Response Plan to implement the enforcement guidelines established in Chapter 13.32 be adopted. EXHIBIT 1: Ordinance EXHIBIT 2: Enforcement Response Plan C. H APTER 1132 p""" 2 02/0(,/2oo/) EXHIBIT 1 ORDINANCE NO. 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 AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED W ASTEW ATER FACILITIES; TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO THE SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS, TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE V ARlOUS TECHNICAL CORRECTIONS THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DOES HEREBY FIND: A. That the City of San Bernardino Municipal Water Department (SBMWD) is required by federal and state law, Including the Clean Water Act (33 USC 1251, et seq.), the General Pretreatment Regulations (40 CFR 403), and the Porter-Cologne Water Quality Control Act (Water Code Sections 13000 et seq.), to implement and enforce a pretreatment program for the regulation of wastewater discharges to the SBMWD Water Reclamation Plant (WRP); and, B. That the SBMWD is required by federal, state, and local law to meet applicable standards of treatment plant effluent quality; and, C. That the adoption of this Ordinance is statutorily and categorically exempt under the California Environmental Quality Act 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. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO HEREBY ORDAIN AS FOLLOWS: SECTION 1: Chapter 13.32 of the San Bernardino Municipal Code is hereby amended to read as follows: ARTICLES I. ADMINISTRATIVE PROVISIONS 13.32.100 13.32.105 13.32.110 13.32.115 13.32.120 13.32.125 13.32.130 13.32.135 13.32.140 13.32.145 13.32.150 13.32.155 Findings Purpose and Policy Administration of Policy Delegation of Authority Authorization to Discharge Confidential Information Signatory Requirements Delivery of Notice Invalidity Inte~retation Pubhcation Notice Definitions of Terms City of San Bernardino Municipal Water Department WO.,lbA Q ) (p) 0 1.0 Page I of 54 City of San Bernardino Municipal Water Department Page 2 of 54 City of San Bernardino Municipal Water Department Page 3 of 54 1 2 3 13.32.100 FINDINGS I. ADMINISTRATIVE PROVISIONS 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 discharged to waterways, to the surface, or underground. C. The Regional Water Quality Control Board ("RWQCB"), 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 RWQCB. D. In order to comply with the requirements contained in those orders, the City must regulate the content of wastes discharged into its Publicly Owned Treatment Works (POTW). Chapter 13.32 establishes requirements for discharges into the POTW in order to enable the City to comply with the administrative provisions of the Clean Water Act Regulations, the requirements of the RWQCB with regard to effluent limits, Federal Pretreatment Standards, and with other criteria required or authorized by federal or state legislation. E. The San Bernardino Municipal Water Department (SBMWD) has undertaken and completed specific financial studies relatmg to the capItal needs, as well as the operation and maintenance needs of the facilities and system. F. The financial requirements of the SBMWD, 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. G. The revenues derived under the provisions of this Ordinance will be used for the acquisition, construction, reconstruction, maintenance and operation of the sewage collection, wastewater treatment and disposal facilities of the SBMWD; 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. H. 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. I. The charges established and levied by this Ordinance are to allow the SBMWD to recover the costs necessary to provide sewer service to individual parcels of real property which have been improved for type of multiple uses. The basis for the respective charge is the request of the owner of a parcel, for the benefit of him/herself or the occupants of the property, to receive a service based upon actual use, consumption and disposal of water to the POTW in lieu of disposal by other means. 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 13.32.105 PURPOSE AND POLICY 24 A. Chapter 13.32 provides for the regulation of wastewater discharges in accordance with the federal government's objectives of general pretreatment regulations as stated in Section 25 403.2 of Title 40 of the Code of Federal Regulations (CFR) and amendments thereto which are for the following purposes: 26 1. To prevent the introduction of pollutants into the POTW which will interfere with the operation of the Water Reclamation Plant (WRP), including interference with its use or 27 disposal of municipal biosolids; 28 II II ! City of San Bernardino Municipal Water Department Page 4 of S4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2. To prevent the introduction of pollutants into the POTW which will pass through the treatment works, inadequately treated, to the receiving waters or otherwise be compatible with such works; 3. To improve opportunities to recycle and reclaim wastewater and biosolids; 4. To enable the SBMWD to comply with its National Pollutant Discharge Elimination System (NPDES) Permit conditions, biosolids use and disposal requirements, and any other federal or state laws to which the WRP is subjected; 5. To provide for the equitable distribution of the costs associated with the operation of the WRP; and 6. To protect and preserve the health and safety of the citizens and personnel of the SBMWD and adjacent service areas. B. Chapter 13.32 shall apply to all users of the WRP. Chapter 13.32 authorizes: 1. The issuance of industrial user permits; 2. Monitoring, compliance, and enforcement activities; 3. Administrative review procedures; 4. Plan check review services; 5. User reporting requirements; 6. The establishment of fees; and 7. The equitable distribution of costs resulting from the program established herein. 22 13.32.110 ADMINISTRATION OF POLICY A. ADOPTION OF INTERPRETIVE RULES The Director may adopt interpretive rules consistent with the provisions of Chapter 13.32 for the protection of the WRP. Interpretive rules by the Director pertain to, but shall not be limited to, discharge limitations, pretreatment requirements, standards for wastewater lines and services and implementation of standards promulgated pursuant to the Federal Water Pollution Control Act as amended by the Clean Water Act and further amendments thereto. B. GENERAL POWERS OF THE DIRECTOR Except as otherwise provided herein, the Director shall administer, implement and enforce the provisIOns of Chapter 13.32. Any powers granted or duties imposed upon the Director may be delegated by the Director to persons acting in the beneficial interest or employ of the SBMWD, but shall remain the responsibility of the Director. In addition to the authority to prevent or eliminate discharges through enforcement of discharge limitations and prohibitions, the Director shall have the authority to respond to the following: 1. Endangerment to the health or welfare of the community. The Director, after informal notice to the affected user, may immediately and effectively halt or prevent any discharge of pollutants into the collection system of the City or any collection system tributary thereto, by any means available, including physical disconnection from the collection system, whenever the discharge reasonably appears to present an imminent endangerment to the health or welfare of the community; 2. Endangerment to the environment or the WRP. The Director, after written order to the user, may halt or prevent any discharge of pollutants into the collection system of the City or any collection system tributary thereto, by any means available, including physical disconnection from the collection system, whenever such discharge presents or may present an imminent and substantial endangerment to the environment or threatens to damage or interfere with the operation of the WRP; and 3. The discharges referred to in subdivisions 1 and 2 above may be halted or prevented without regard to the compliance of the user with other provisions of Chapter 13.32. C. SPECIFIC POWERS OF THE DIRECTOR If wastewater containing any pollutant in excess of discharge limitations as specified in Chapter 13.32, is discharged or proposed to be discharged into the collection system of the City or any collection system tributary thereto, the Director may take any action necessary to: 23 24 25 26 27 28 //1// City of San Bernardino Municipal Water Department Page 5 of 54 1. Prohibit the discharge of such wastewater; 2. Require the person discharging to demonstrate that in-plant modifications will 2 reduce or eliminate the pollutant or substance so that the discharge will not violate Chapter 13.32; 3. Require treatment, including storage facilities or flow equalization necessary 3 to reduce or eliminate the pollutants or substance so that the discharge will not violate Chapter 13.32; 4 4. Require the person making, causing or allowing the discharge to pay any required industrial user permit fees, inspection fees and any additional cost or expense incurred by 5 the SBMWD for handling, treating or disposing of excess pollutant loads imposed on its POTW, including any fines, penalties or legal expenses including attorneys fees payable by the City 6 associated with alleged or actual violations of the SBMWD NPDES Permit attributed to the person's discharge; 7 5. Obtain timely and factual reports from the person responsible for such discharge; and 8 6. Take such other or further remedial action as may be deemed to be desirable or necessary to achieve the purposes of Chapter 13.32. 9 10 13.32.115 DELEGATION OF AUTHORITY 11 All power and authority granted to the Director may be delegated by the Director to any person so authorized. 12 13 13.32.120 AUTHORIZATION TO DISCHARGE 14 It shall be unlawful for any user to commence, significantly increase, or substantially change the quantity or quality of wastewater discharged to the WRP without the express written consent of 15 the Director. 16 17 13.32.125 CONFIDENTIAL INFORMATION All user information and data on file with the SBMWD shall be made available to the public 18 and governmental agencies without restriction unless the user specifically claims the information to be confidential and is able to demonstrate to the satisfaction of the SBMWD that the release of 19 such information would divulge proprietary information or trade secrets. Any such claim must be asserted when the information is submitted to the SBMWD by placing the words "Confidential 20 Business Information" on each page containing such information. If no claim is made at the time of submission, the SBMWD may make the information available to the public without further 21 notification to the user. All sample data obtained by either the user or the SBMWD shall not be considered confidential information. All production related information used to calculate mass 22 based discharge limitations or required for the development of an industrial user permit shall not be considered confidential information. Confidential information may be made available, upon 23 request, to governmental agencies for enforcement or judicial purposes related to Chapter 13.32, the NPDES Permit or the pretreatment program, and as required by federal or state law. 24 25 13.32.130 SIGNATORY REQUIREMENTS 26 All monitoring reports, permit applications, and other information as required by the Director shall contain the following certification statement signed by an authorized representative of the 27 industrial user: 28 / II II City of San Bernardino Municipal Water Department Page 6 of 54 2 3 4 5 6 "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the mformation, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 13.32.135 DELIVERY OF NOTICE Any notice, order or requirement issued by the Director to a user determined to be in 7 violation of the conditions or requirements specified in Chapter 13.32, the Industrial User Permit, or Discharge Limitations shall be deemed served if delivered to the user as follows: 8 A. Correctly addressed, postage pre-paid and deposited in the United States mail, to the address on file for the user; 9 B. Hand delivered to the user or authorized representative or designated contact of the user, at the address on file for the user; and 10 C. Shall be deemed received on the date personally delivered or on the third day after deposit in the United States mail as provided in this Section. 11 12 13 14 15 16 13.32.140 INVALIDITY If any provision of Chapter 13.32 or the application of any condition or requirement upon any user is determined to be mvalid, the remainder of Chapter 13.32 or the application of remaining requirements or condition shall not be affected. 13.32.145 INTERPRETATION All the provisions of Chapter 13.32 are to be reasonably interpreted. The intent is to 17 recognize there are varying degrees of hazard to the POTW, the WRP sludge, personnel, surface and subsurface waters, environment and the public, and to apply the principle that the degree of 18 protection shall be commensurate with the degree of hazard. 19 20 13.32.150 PUBLICATION NOTICE The names of all significant industrial users which are found to be in significant 21 noncompliance with Chapter 13.32 shall be published at least annually in the City's largest daily circulating newspaper, in accordance with 40 CFR 403.8(f)(2)(vii). 22 23 24 13.32.155 DEFINITIONS OF TERMS Unless otherwise defined herein, terms pertaining to water quality shall be as adopted in the current edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Environment Federation. Unless otherwise defined herein, terms pertaining to construction and building shall be defined as being the same as set forth in the current edition of the Uniform Building and Plumbing Code. Unless the context specifically indicates otherwise or as previously indicated, the meaning of the terms used in this Ordinance shall be as follows: ")~ -) 26 27 28 11111 City of San Bernardino Municipal Water Department Page 7 of 54 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 1. Approved Analytical Methods shall mean the sample analysis techniques prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods, approved by the SBMWD, or any other applicable sampling and analytical procedures, including procedures suggested by the SBMWD or other parties as approved by the EP A. 2. Authorized Representative shall mean: a. A responsible corporate officer, if the user is a corporation, of the level of president, secretary, treasurer, or vice president in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or the manager of one or more manufacturing or production processes, or operation, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 26 b. A general partner, managing member or proprietor if the user is a partnership, limited liability company or sole proprietorship respectively; c. A director, highest appointed official, or employee designated to oversee the operation and performance of the activities of a federal, state or local government facility. d. A duly Authorized Representative of the individual designated in a, b, or c, provided such authorization is confirmed in writing by the individual described in a, b, or c; and the authorization specifies the individual is a plant mana~er or a position of equivalent responsibility or an individual having overall responsibihty for environmental matters. 3. Biochemical Oxygen Demand (BOD) shall mean the quantity of oxygen, expressed in mg/L, required to biologically oxidize material in a waste or wastewater sample measured under standard laboratory methods of five days at twenty degrees Centigrade. 4. Board shall mean the City of San Bernardino Board of Water Commissioners. 5. Building Official shall mean the Director of Planning and Building Services, an authorized representative, or any City Officer who is subsequently empowered to assume the duties of the Building Official. 6. Bypass shall mean the intentional diversion of waste streams from any point of a user's pretreatment facility. 7. Categorical Industrial User shall mean all industrial users subject to National Categorical Pretreatment Standards promulgated by the EP A in accordance with Sections 307 (b) and (c) of the Clean Water Act (33 U.S.c. Sec.1317 et seq.) and amendments thereto, and as listed by the EP A under the appropriate subpart of 40 CFR Chapter I, Subchapter N, and amendments thereto. 8. Chemical Oxygen Demand (COD) shall mean the quantity of oxygen, expressed in mg/L required to chemically oxidize material in a waste sample or wastewater sample, under specific conditions of an oxidizing agent, temperature, and time. COD results are not necessarily related to BOD results. 9. City shall mean the City of San Bernardino, acting through the elected officials and authorized representatives. 10. City Attorney shall mean the San Bernardino City Attorney or an authorized representative, deputy, or agent appointed by the City Attorney. 11. Class I User shall mean an industrial user (IU) subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; or an industrial user classified as a Significant Industrial User (SIU) as specified in 40 CFR 403.3(t)(ii). 12. Class II User shall mean an IU with an average discharge between ten thousand and twenty-four thousand nine hundred ninety-nine gallons per day of industrial wastewater to the POTW. 13. Class III User shall mean an IU with an average discharge between one and nine thousand nine hundred ninety-nine gallons per day of industrial wastewater to the POTW and pretreatment is required to reduce the potential for adversely affecting the operation of the POTW or violating any pretreatment standard, prohibition, or requirement of Chapter 13.32. 11111 27 28 City of San Bernardino t\lunicipal Water Department Page 8 of 54 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 14. Class IV User shall mean an IU that has a temporary need, less than 180 days, to discharge wastewater to the POTW. 15. Class V User shall mean an IU that performs operations regulated by Federal Categorical Standards with no industrial wastewater discharged to the POTW from the Categorical process( es) (Dry Categorical). 16. Class VI User shall mean a Liquid Wastehauler that hauls domestic liquid wastes from septic tanks, chemical toilets, cesspools, seepage pits, or private disposal systems which are discharged to the septic receiving station located at the WRP. 17. Collection Agency shall mean the City or a public agency with which the City has an interjurisdictional agreement covering the collection and discharge of sewage within such agency into the City's collection system for transmission, treatment, and disposal. 18. Collection System shall mean all pipes, sewers and conveyance systems carrying wastewater to the WRP, owned and maintained by the City and/or by tributary Service Areas contracting with the City for sewer service, excluding sewer service lateral line connections. 19. Combined Wastestream Formula shall mean the formula, as outlined in the general pretreatment regulations of the Clean Water Act, 40 CFR 403.6(e), for determining wastewater discharge limitations for Categorical Industrial Users and Significant Industrial Users whose effluent is a mixture of regulated, unregulated, and dilution wastewater as defined in the formula. 20. Common Council shall mean the City of San Bernardino City Council responsible for representing the City and the San Bernardino Municipal Water Department. 21. Compliance Order shall mean a time schedule issued to an industrial user by the SBMWD which specifies corrective actions called milestones to be completed by the IU to correct violations of the industrial user's wastewater discharge permit or Chapter 13.32. 22. Consent Order shall mean a time schedule agreed upon between the SBMWD and an IU which specifies corrective actions called milestones to be completed by the IU to correct violations of the IU's wastewater discharge permit or Chapter 13.32. 23. Compliance Schedule shall mean a time schedule enforceable under Chapter 13.32 containing increments of progress, i.e. milestones, in the form of dates. These milestones shall be for the commencement and/or completion of major events leading to the construction and operation of additional pretreatment facilities or the implementation of policies, procedures or operational management techniques required for the user to comply with all applicable federal, state or local environmental regulations which may directly or indirectly affect the quality of the user's wastewater effluent. 24. Composite Sample shall mean a collection of individual samples obtained at selected time or flow based increments, which are combined into one sample. 25. Confined Space, pursuant to California Code of Regulations, Title 8, Section 5157, subsection b, and amendments thereto, shall mean a space that: a. Is large enough and so configured that a person can bodily enter and perform assigned work; b. Has limited or restricted means for entry or exit (for example, tanks vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and c. Is not designed for continuous occupancy by a person. 26. Constituent shall mean any physical, chemical, or biological component of water or wastewater which can be quantified using Approved Analytical Methods 27. Conventional Pollutants shall mean BOD, COD, total suspended solids, pH, fecal coliform, oil and grease, total nitrogen and such additional pollutants which may be specified and controlled in the NPDES permit issued by the RWQCB. 28. Cooling Water shall mean all water used solely for the purpose of cooling a manufacturing process, equipment, or product. 29. County shall mean the County of San Bernardino or the Board of Supervisors of the County of San Bernardino. 30. Day shall mean calendar day unless otherwise specified by the Director. 31. Dilution shall mean the increase in use of water, wastewater or any other means to dilute a waste stream as a partial or complete substitute for adequate treatment to achieve discharge requirements. 23 24 25 26 27 28 City of San Bernardino Municipal Water Department Page 9 of 54 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 32. Director shall mean the Director of the WRP or an authorized representative, deputy, or agent appointed by the WRP Director. 33. Discharger shall mean any person who directly or indirectly causes or contributes to a discharge to the POTW. 34. Domestic Liquid Wastes shall mean all domestic wastes contained in septic tanks, cesspools, seepage pits, holding tanks, private disposal systems, or chemical toilets not connected to the POTW. 35. Domestic Wastewater shall mean wastewater from private residences and wastewater from other premises resulting from the use of water for personal washing, sanitary purposes or the discharge of human excrement and related matter. 36. Effluent shall mean treated wastewater flowing from a user or a user's pretreatment equipment to the POTW. 37. Emergency shall mean facts or circumstances that SBMWD reasonably determines create an imminent threat of harm to public health or safety, the environment or the POTW. 38. Engineer shall mean the City Engineer or an authorized representative or deputy. 39. EPA shall mean the United States Environmental Protection Agency. 40. Exchange Type Soft Water Conditioning Equipment shall mean any soft water conditioning equipment that is removed from the premises at which it is normally operated for regeneration at a commercial regeneration facility. 41. Existing Source shall mean any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced before the publication of proposed pretreatment standards under Section 307(c) of the Federal Clean Water Act and amendments thereto. 42. Federal Categorical Pretreatment Standard shall mean the National Pretreatment Standards, established by the EP A, specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the POTW by existing or new mdustrial users in specific industrial categories established as separate regulations under the appropriate subpart of 40 CFR Chapter I, Subchapter N, and amendments thereto. 43. Flow, Permitted Average shall mean the mathematical daily average flow of industrial wastewater discharged from a permitted user to the POTW. 44. Flow, Permitted Maximum shall mean the permitted average flow plus 20% of the average flow. The permitted maximum flow is designed to allow for periodic production increases which result in an increase in the amount of wastewater discharged to the POTW. 45. Flow Monitoring Equipment shall mean the equipment and structures required to be installed, maintained, and calibrated at the user's expense to measure, totalize, and record the amount of water used at the facility or the quantity discharged to the POTW. 46. General Manager shall mean the SBMWD General Manager or an authorized representative, deputy, or agent appointed by the General Manager. 47. Good Faith shall mean the user's honest intention to remedy noncompliance together with actions that support the intention without the use of enforcement actions by the SBMWD. Examples of these intentions are improved Best Management Practices (BMP) or the installation of pretreatment equipment to reduce or eliminate pollutants. 48. Grab Sample shall mean an individual sample collected over a period of time not exceeding fifteen minutes. 49. Grease Waste shall mean the floating, solid, and semi-solid waste contained within an approved oil/grease interceptor located at a Restaurant User. 50. Grease Wastehauler shall mean any person engaged in the removal, transport, and disposal of grease waste removed from a permitted Restaurant User. 51. Grease Wastehauler Manifest shall mean the manifest required to document the removal of pretreatment waste from a permitted Restaurant User. 52. Hazardous Material shall mean any material capable of creating imminent endangerment to health or the environment including, but not limited to, any substance designated under 40 CFR Section 310.11 (d) and amendments thereto, or any hazardous chemical substance subject to regulation under the Toxic Substances Control Act, 15 USCA Section 2601, et seq. and amendments thereto. In general, substances which are toxic, explosive, corrosive, flammable or City of San Bernardino Municipal Water Department Page 10 of 54 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 irritants, or which generate pressure through heat or decomposition, e.g., heavy metals, pesticides, strong acids or bases, distillate fuels, oxidants, etc. 53. Heating Water shall mean all water used solely for the heating of a manufacturing process, equipment, or product. 54. Industrial User shall mean all persons, entities, public or private, industrial, commercial, governmental, educational, or institutional which discharge or cause to be discharged, industrial wastewater into the POTW. 55.. Industrial User Permit shall mean the regulatory permitting procedure established and enforced by the Director to authorize and control the discharge of industrial wastewater from industrial users into the POTW. 56. Industrial Wastewater shall mean all water containing wastes of the community, excluding domestic wastewater, and includes all wastewater from any producing, manufactunng, processing, governmental, educational, institutional, commercial, service, agricultural or other operation. Industrial wastewater may also include cooling tower and boiler blowdown water, brine wastewater from the regeneration of water conditioning equipment, and potable water treatment wastewater as determined by the Director. 57. Infectious Waste shall mean all wastes that normally cause, or significantly contribute to cause, increased morbidity or mortality of human beings. 58. Interceptor shall mean an approved detention chamber designed to remove floatable and settleable material from industrial wastewater prior to discharge to the POTW. 59. Interference shall mean any discharge from a user which, alone or in conjunction with a discharge or discharges from other sources both: inhibits or disrupts the City's collection system, WRP, treatment processes or operations, or sludge processes, use or disposal; and which is a cause of a violation of any requirement of the NPDES permit (including an increase in the magnitude or duration of violation) or of the prevention of sewage sludge use or disposal in compliance with Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource ConservatIOn and Recovery Act (RCRA), state regulations contained in any 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, and any amendments to these Acts or regulations. 60. Ion Exchange Water Softener shall mean a water conditioning apparatus that is designed to remove hardness or other impurities from a user's incoming potable water supply. 61. Liquid Wastehauler shall mean any person engaged in the removal, transport, and disposal of domestic liquid wastes from chemical toilets, septic tanks, seepage pits, cesspools, or any other private disposal system for domestic wastewater. 62. Liquid WastehauIer Manifest shall mean the manifest required to be completed and submitted to the Director before authorization to discharge domestic liquid wastes at the WRP is granted. 63. Liquid Wastehauler Permit shall mean the regulatory permitting procedure established and enforced by the Director to authorize and control the discharge of domestic liquid waste from liquid wastehaulers into the WRP. 64. Local Discharge Limit shall mean the maximum concentration of a pollutant determined from either a grab or composite sample which is permitted to be discharged to the POTW, developed by the SBMWD in accordance with 40 CFR 403.5(c) and amendments thereto. 65. Lower Explosive Limit (LEL) shall mean the minimum concentration of combustible gas or vapor in the air that will ignite if an ignition source is present. 66. Mass Emission Rate shall mean the pounds per day discharged to the City's collection system of a particular pollutant or combmation of pollutants, as contained in an Industrial User Permit. 67. May shall mean permissive. 68. Medical Waste shall mean infectious agents, human blood, blood products, pathological wastes, sharps, recognizable body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory waste, dialysis waste, hypodermic needles, syringes, medical instruments/utensils, or any other paper or plastic items of disposable nature used for medically related purposes. The term "Medical Waste" shall exclude de minimus City of San Bernardino Municipal Water Department Page 11 of 54 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 amounts of wastes, human blood and paper items of a disposable nature associated with Domestic Wastewater discharges. 69. mgIL shall mean milligrams per liter. 70. Milestone shall mean increments of progress in the form of dates, not to exceed nine months, and are used in compliance schedules. Milestones shall be for the commencement and/or completion of major events leading to the construction and operation of additional pretreatment facilities or the implementation of policies, procedures or operational management techniques required for the user to comply with all applicable federal, state or local environmental regulations which may directly or indirectly affect the quality of the user's wastewater effluent. 71. Monthly Average shall mean the average of daily measurements over a calendar month as calculated by adding all the daily measurements taken during the calendar month and dividing that sum by the sum of the number of daily measurements taken in the calendar month. 72. National Pollutant Dischar~e Elimination System (NPDES) Permit shall mean the permit issued by the Regional Water Quality Control Board pursuant to Section 402 of the Act (33 U.S.C. 1342) establishing waste discharge requirements for the SBMWD WRP. 73. National Pretreatment Standard shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Clean Water Act, which applies to Industrial Users. This term includes prohibitive discharge limits established pursuant to 40 CFR Part 403.5 74. New Source shall mean any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Federal Clean Water Act and amendments thereto, which will be applicable to such source if such standards are thereafter promulgated in accordance with that Section, provided that: a. The building, structure, facility or installation is constructed at a site at which no other source is located; or b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or c. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent factors such as the extent to which the new facility is integrated with the existing facility, and the extent to which the new facility is engaged in the same general type of activity as the existing source may be considered. 75. Noncompliance Monitoring Program (NMP) shall mean an Administrative Order issued to an industrial user which requires the user to submit production and flow data and complete monitoring, at a frequency determined by the Director, for all pollutants determined to be in violation of discharge limits. 76. Non Contact Cooling or Heating Water shall mean any water which is used for temperature control and has no direct contact with any raw material, or intermediate or final product. 77. Non Domestic Wastewater shall mean all wastewater except Domestic Wastewater, Domestic Liquid Waste, and Unpolluted Water including but not limited to wastewater resulting from industrial, commercial, producing, manufacturing, processing, governmental, educational, institutional, and agricultural operations, brine wastewater from the regeneration of water conditioning equipment, and all non exempt truck hauled liquid wastewater. 78. Oil and Grease shall mean any of the following in part or in combination: a. Petroleum derived products, e.g., oils, fuels, lubricants, solvents, cutting oils; b. Vegetable derived products, e.g., oils, shortenings, water soluble cutting oils; c. Animal derived products, e.g., fats, greases, oils, lard. 79. Pass Through shall mean any discharge which exits the WRP into waters of the United States in quantities or concentrations which, alone or in conjunction with other discharges from other sources, causes a violation of any requirement of the NPDES Permit, including an increase in the magnitude or duration of a violation. 80. Permit-Required Confined Space pursuant to California Code of Regulations, Title 8, Section 5157, subsection b, and amendments thereto, shall mean a confined space that has one City of San Bernardino Municipal Water Department Page 12 of 54 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 or more of the following characteristics: a. Contains or has the potential to contain a hazardous atmosphere; b. Contains a material that has the potential for engulfing an entrant; c. Has an internal configuration such that an entrant could be trapped or and tapers to a smaller cross-section; or d. Contains any other recognized serious safety or health hazard. 81. Permittee shall mean any user which is issued an Industrial User, Liquid Wastehauler, or Grease Wastehauler permit. 82. Person shall mean any individual, firm, company, association, society, general or limited partnership, limited liability company, trust, corporation, governmental agency or group, and includes the plural as well as the singular. 83. pH shall mean 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 alkalinity on a scale ranging from 0-14 where 7 represents neutrality, values less than 7 represent acidity and values greater than 7 represent alkalinity. 84. Pollutant shall mean any constituent or characteristic of wastewater including but not limited to conventional pollutants, domestic wastewater, hazardous substances, infectious waste, slug discharges, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, medical waste, heat, rock, sand, cellar dirt and industrial, municipal, and agricultural waste. 85. Pollution shall mean the man made or man induced adverse alteration of the chemical, physical, biological, or radiological integrity of water. 86. POTW shall mean the Publicly Owned Treatment Works and shall include the City's collection system, the collection system of contract cities, and the SBMWD Water Reclamation Plant. This definition includes all devices, equipment, pipes, and systems used in the transmission, storage, treatment, recycling and reclamation of municipal sewage, sludge, or industrial wastewater, except sewer service lateral line connections. 87. Pretreatment shall mean 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 discharge of the wastewater into the POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes, waste minimization, or other legal means designed to remove or reduce pollutants in a wastestream, except dilution. 88. Pretreatment Requirement shall mean any substantive or procedural requirement related to pretreatment imposed on an Industrial User. 89. Pretreatment Standard shall mean any regulation containing pollutant discharge limits or prohibitions promulgated by EP A or the City, applicable to industnal users, including promulgated Categorical Standards; National Prohibitive Discharge Standards developed pursuant to Section 307(b) of the Clean Water Act and 40 CFR 403.5, general discharge prohibitions contained in SBMC Section 13.32.305; and any specific local discharge limits established by the City. 90. Pretreatment Waste shall mean all waste, liquid, solid, or semi-solid removed from a waste stream or discharge by physical, chemical, or biological means. 91. Prohibited Discharges shall mean all discharges specified in Section III of Chapter 13.32 which are prohibited from being discharged to the POTW. 92. Qualified Professional shall mean any person who by virtue of experience, education, or training, is qualified to evaluate and assess pollutant discharges and violations of Chapter 13.32. 93. RCRA shall mean the Resource Conservation and Recovery Act as contained in 40 CFR Part 260-266 and 270 and amendments thereto. 94. Restaurant User shall mean all retail establishments selling prepared foods and drinks for consumption on or off the premises; and lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. Retail establishments, lunch counters, and drinking places selling prefared food and drink as a subordinate service incidental to their primary operations and institutiona facilities (e.g. schools, churches, jails, prisons, and juvenile halls), which serve food on the premises may also be considered restaurant users. 23 24 25 26 27 28 City of San Bernardino Municipal Water Department Page 13 of 54 2 95. Sample Location shall mean a location approved by the Director where a representative sample of non-domestic wastewater is collected from an industrial user. 96. SBMWD shall mean the City of San Bernardino Municipal Water Department. 97. Service Area shall mean the physical geographic area where wastewater is generated and discharged to the POTW. 98. Self-monitoring shall mean wastewater samples collected by a user or the user's contracted laboratory, consultant, engineer, or similar entity. 99. Service Lateral Line shall mean the wastewater collection pipe extending from the premises where the wastewater is generated up to and including the connection to the City's or service area's collection system. 100. Shall means mandatory. 101. Significant Industrial User (SIU) shall mean all industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter Nand amendments thereto, or any user that meets any of the following conditions: a. Industrial wastewater discharge at an average rate of at least twenty-five thousand gallons per day (gpd) to the WRP (excluding sanitary, noncontact cooling and boiler blowdown wastewater); b. A process waste stream discharge which makes up five percent or more of the average dry weather hydraulic or organic capacity of the WRP; or c. Is designated by the Director on the basis that the user has a reasonable potential for adversely affecting the WRP or for violating any pretreatment standard or requirement. 102. Significant Noncompliance (SNC) shall mean any compliance violation that meets one or more of the following criteria: a. Chronic violations of wastewater discharge limits, which are defined as those in which sixty-six percent or more of all of the measurements for each pollutant taken during a consecutive six month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant; b. Technical review criteria (TRC) violations, which are defined as those in which thirty-three percent or more of all of the measurements for each pollutant taken during a consecutive six month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC= 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); c. Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the SBMWD determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of WRP personnel or the general public); d. Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the SBMWD exercise of its emergency authority to halt or prevent such a discharge; e. Failure to meet, within ninety days after the scheduled date, a compliance schedule milestone contained in an Administrative Order, for starting construction, completing construction, or attaining final compliance; f. Failure to provide, within forty-five days ofthe due date, any required reports such as baseline monitoring reports, ninety day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; g. Failure to pay, within thirty days, all applicable industrial user application, permit, and enforcement penalty fees; h. Failure to accurately report non-compliance; or i. Any other violations or group of violations which the SBMWD believes will adversely affect the operation and implementation of the SBMWD pretreatment program. 103. Single Pass Non Contact Cooling Water shall mean water that is used solely for the purpose of cooling, has no direct contact with any raw material, or any intermediate, final or waste product, and is used only once before being discharged. 1111/ .., .) 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 City of San Bernardino Municipal Water Department Page 14 of 54 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 104. Single Pass Non Contact Heating Water shall mean water that is used solely for the purpose of heating, has no direct contact with any raw material, or any intermediate, final or waste product, and is used only once before being discharged. 105. Slug Discharge shall mean any non-routine, episodic discharge of wastewater, material or waste with such a high volume or pollutant concentration which will violate any Pretreatment Standard or requirement, or cause damage to, interference with, or pass through in the collection system, WRP, or WRP sludge processes, use, or disposal. 106. Slug Load Control Plan shall mean a plan submitted by an Industrial User as required in 40 CFR 403.8(f)(2)(v) and SBMC Section 13.32.475(B), which specifies the potential pollutants used and/or stored at the User's facility; potential pathways the pollutants may enter the POTW, and facilities and procedures for preventing or controlling the occurrence of a Slug Load Discharge to the POTW. 107. Spent Solutions shall mean any concentrated non domestic wastewater, such as plating solutions or static rinses, brine wastewater from the regeneration of water conditioning equipment, which contains concentrations of pollutants, the discharge of which may cause Interference, Pass Through, or a violation of any Pretreatment Standard or requirement. 108. Spill Containment shall mean a protection system consisting of berms, dikes, or containers, WhICh are used to prevent the discharge of raw materials, waste materials, chemicals, or finished products to the Storm Drain or POTW. 109. Standard Methods shall mean the "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, which specifies accepted procedures used to assess the quality of water and wastewater. 110. Storm Drain shall mean a system of open channels, lined and unlined channels, surface channels, impound basins, ground water recharge basins, storm water holding ponds, underground pipes, curb and gutter, cross gutters, storm water pum!J and lift stations, parking lots, paved areas, streets, and natural water courses used to collect and dIrect storm precipitation and surface runoff to a receiving body of water or underground aquifer recharge basins. 111. Storm water shall mean water flowing or discharged as a result of rain, snow, or other precipitation. 112. Temporary Industrial User shall mean any user who is granted temporary permission by the Director to discharge unpolluted water or wastewater to the WRP and is controlled by a Class IV Industrial User Permit. 113. Total Dissolved Solids (TDS) shall mean the total amount of nonvolatile residue by laboratory filtration and dried at 180 degrees C. 114. Total Suspended Solids (TSS) shall mean the total amount of residue retained by laboratory filtration and dried at 103-105 degrees C. 115. Toxic Organic Management Plan (TOMP) shall mean a plan submitted by an Industrial User pursuant to SBMC Section 13.32.475(A), which specifies the solvents and other toxic organics used and stored, the methods of delivery, storage and disposal; and the procedures for preventing or controlling the discharge of the solvents and toxic organics to the POTW or ground. 116. Total Toxic Organics (TTO) shall mean the sum of all quantifiable values of the regulated toxic organic compounds which are found in the user's industrial wastewater discharge. 117. Unpolluted Water shall mean cooling and heating water, single pass cooling and heating water, air conditioning condensate, ice melt, condensate, groundwater, landscape irrigation, crop irrigation, rain water, and water not containing any substances limited or prohibited by effluent standards in effect or water whose discharge will not cause any violation of receiving water quality standards. 118. Upset shall mean an exce!Jtional incident which causes temporary and unintentional non-compliance with the discharge limItations or prohibitions applicable to a user or the WRP and which is beyond the reasonable control of a user or the WRP. 119. User shall mean any person, public or private, residential, industrial, commercial, governmental, educational, or instItutional which discharges or causes to be discharged, wastewater into the POTW or contracted service area. 26 27 28 Cit)' of San Bernardino Municipal Water Department Page 15 of 54 1 120. Waste shall mean any discarded solid, semi-solid, liquid, or gaseous material. 121. Wastehauler shall mean any person engaged in vehicular transport of domestic 2 liquid wastes to be discharged at the POTW. 122. Waste Manifest shall mean the waste hauling receipt which is required to be retained 3 on site by an industrial user for any hazardous, non-hazardous, or pretreatment waste as required by the Director. 4 123. Wastewater shall mean the liquid and water carried domestic waste or non domestic waste from residential, commercial, industrIal, governmental, educational, or institutional 5 facilities, together with any groundwater, surface water, and storm water, that may be present which is discharged to the POTW. 6 124. Water Supply shall mean the water supply serving the area tributary to the collection system of the City or Services Area or WRP. 7 125. WRP shall mean the City of San Bernardino Municipal Water Department Water Reclamation Plant. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 II. GENERAL REQUIREMENTS 13.32.200 USE OF CITY EQUIPMENT OR FACILITIES A. No person or user shall enter, break, damage, destroy, uncover, deface or tamper with any temporary or permanent structure, equipment, or appurtenance which is part of the City's collection system or WRP without prior wrItten approval by the Director. B. Any person or user who discharges or causes the discharge of any wastewater or pollutant which causes detrimental effects on the City's collection system, WRP, sludge, or any other damages, including the imposition of fines by federal, state, or other regulatory agencies against the City, shall be liable to the City for all damages and costs incurred by the City, including administrative expenses, and fines imposed on the City by any federal, state, or other regulatory agencies. An administrative fee, established by resolution of the Board, shall be included with these charges to cover administrative costs associated with these charges. 13.32.205 PLAN CHECK REQUIREMENTS A. All industrial users who request authorization to connect to the POTW and all existing industrial users who propose tenant improvements shall be required to submit detailed site plans, including plumbing plans which describe the proposed project, facility expansion, or process modifications, in addition to any other information as required by the Director. The Director shall review the required information and notify the user of any pretreatment requirements. Compliance with the requirements specified by the Director is required before the SBMWD will release the project to the Building Department. The project must be released by the Director before the Building Department will issue a building permit authorizing construction for the project. A Stop Work Order may be issued for any construction projects which have not been issued the required building permit. All industrial users shall comply with all rules and regulations of this Chapter before a CertIficate of Occupancy is issued. B. All industrial users are required to notify the SBMWD during the construction phase of the project in order to conduct onsite inspections of the project. The SBMWD is required to sign off the Building Department job card for underground plumbing and final plumbing of any required pretreatment equipment. All plumbing and pretreatment equipment are required to be exposed during the underground and final plumbing inspections. The industrial user may be required to expose any plumbing or pretreatment equipment which are not visible during the underground and final plumbing inspections. Failure to notify the SBMWD and obtain the necessary onsite inspections and job card signatures may delay the issuance of a Certificate of Occupancy by the Building Department. 11111 28 City of San Bernardino Municipal Water Department Page 16 of 54 2 13.32.210 INSPECTION REQUIREMENTS A. The Director shall inspect the facilities of any user to ascertain whether all requirements of Chapter 13.32 are being met. Persons on the premises shall allow the Director ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, and records examination. B. The user shall ensure that there is always a person on site, during normal business hours, knowledgeable of the user's processes and activities to accompany the Director during the inspection. C. The user shall provide immediate access when an emergency exists. D. All pretreatment equipment shall be immediately accessible at all times for the purpose of inspection. At no time shall any material, debris, obstacles or obstructions be placed in such a manner that will prevent immediate access to the pretreatment equipment. E. No user shall interfere with, delay, resist or refuse entrance to the Director when attempting to inspect any facility which discharges wastewater to the POTW. F. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make all necessary arrangements so that, upon presentation of identification, the Director will be permitted to enter, without delay. G. The user shall make available for copying by the Director, all records required to be kept under the provisions of Chapter 13.32. .., j 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 13.32.215 INSPECTION WARRANTS If the Director has been refused access to a building, structure, or property, or any part, and is able to demonstrate cause that there may be a violation of Chapter 13.32, or that there is a need to inspect or monitor the user's facilities to verify compliance with Chapter 13.32 or any permit or order issued hereunder, or to protect the public health, environment, and the safety and welfare of the community, then the Director may seek issuance of an inspection warrant duly issued pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure and amendments thereto. However, in the event of an emergency affecting the public health or safety, an inspection or monitoring may be performed without consent or the Issuance of a warrant. 13.32.220 MONITORING REQUIREMENTS 20 21 A. As required by the Director, any user discharging industrial wastewater to the POTW may be required to install monitoring equipment to measure the quality and quantity of wastewater discharged. The monitoring equipment may include but is not limited to: wastewater sampling equipment, flow meters and recorders, pH meters and recorders, electrical conductivity meters and recorders, and process water meters. B. The monitoring equipment shall be provided by the user in compliance with Chapter 13.32 and all applicable building, plumbing, and construction codes. The Director may require the monitoring equipment have a security closure that can be locked by the SBMWD during any monitoring activities. The installation of any required monitoring equipment shall be completed within a reasonable time frame as required in wntten notification from the Director. C. The Director shall have the right to temporarily install upon the user's property such devices as are necessary to conduct wastewater monitoring or metering operations. D. No user shall interfere with, delay, resist, or refuse entrance to authorized City personnel attempting to install wastewater monitoring equipment on the user's property. Any permanent or temporary obstruction which prevents access to the monitoring equipment shall be immediately removed by the user or property owner at the written or verbal request of the Director and shall not be replaced. 22 23 24 25 26 27 28 City of San B~rnardino Municipal Wat~r D~partm~nt Page 17 of 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 E. Any required monitoring equipment shall be maintained by the user for continuous monitoring and metering. The monitoring equipment shall be calibrated by the user as often as necessary to ensure accurate measurements according to manufacturer's specifications. All maintenance and calibration work shall be performed at the user's expense. F. The user shall report any momtoring equipment failure to the Director within twenty- four (24) hours after the user is aware of the failure. The notification shall be accomplished by a telephone call, telefax transmission, personal visit, or hand delivered notification, to the SBMWD. The user shall submit a written report to the Director documenting the cause of the failure and the corrective actions to be completed within five calendar days after the user discovers the equipment failure. G. All monitoring shall be completed at the time, place, and frequency as specified by the Director. H. Samples for pH, cyanide, total phenols, oil/grease, sulfide, and volatile organics shall be analyzed from grab samples. The Director may elect to collect either a twenty-four (24) hour composite sample comprised of discrete time or flow proportioned samples or a grab sample, as appropriate, for all other pollutants. I. Any wastewater samples collected from a sampling location approved by the Director shall be considered representative of the wastewater discharged from the user to the POTW. J. All users who request permission to conduct their own wastewater sampling shall submit a written wastewater monitoring plan describing the sample collection methods, equipment used, equipment cleaning practices, employee training, sample preservation methods, and chain of custody procedures. The monitoring plan shall be approved by the Director prior to the implementation of the plan. Any sample(s) collected by a user without an approved plan shall be considered invalid. K. All users that are required to self-monitor shall have all samples collected according to 40 CFR 403.12(b)(5) specifications and analyzed by a laboratory certified by the State of California, Department of Health Services to complete the specific pollutant analyses. L. All users that are required to self-monitor shall submit all reporting forms, required by the Director, that include the following information and documents: 1. The date, exact place, time, and methods of sampling or measurements, and sample preservation techniques or procedures; 2. Who performed the sampling or measurements; 3. The date(s) analyses were performed; 4. Beginning and ending flow meter readings which correspond to the time period of the 24 hour composite sample; 5. Who performed the analyses; 6. The analytical techniques or methods used; 7. The results of such analyses; and 8. The reporting limits for each pollutant M. All users that are required to self-monitor shall submit a copy of the samfle analysis and all required reporting forms within the time frame established by the Director. Al sample analysis reports which include discharge violations shall be reported to the Director within twenty- four hours of becoming aware of the violation. The results of the required resample and correspondence which includes a possible explanation for the violation(s) shall be submitted to the Director within 30 days after the user is aware of the initial violation. Failure to report pollutant violations as stated shall constitute a violation of Chapter 13.32 and may subject the user to enforcement actions. 24 25 13.32.225 NONCOMPLIANCE MONITORING REQUIREMENTS 26 A. Noncompliance with any concentration or mass based discharge limit specified in this 27 Ordinance or the User's Permit may be determined by an analysis of a grab or composite sample collected from a designated sample location and shall constitute a violation of Chapter 13.32. 28 / / / / / City of San Bernardino Municipal Water Department Page ]8 of 54 2 3 4 5 6 7 8 9 10 B. As required by the Director, a wastewater resample shall be collected and analyzed for all pollutants in noncompliance with discharge limits. The resample is separate and independent of any wastewater monitoring performed by the SBMWD. All resamples shall be collected accordin~ to 40 CFR 403.12(b)(5) specifications and analyzed by a laboratory certified by the State of Cahfomia, Department of Health Services to complete the specific pollutant analyses. The analysis of all wastewater resamples collected by a user shall be submitted with all required reporting forms to the Director no later than thirty days after the SBMWD has informed the user of the initial violation or the user becomes aware of the violation. Failure to submit the laboratory results within the thirty-day requirement shall constitute a violation of Chapter 13.32 and may subject the user to enforcement actions. C. As required by the Director, a Noncompliance Monitoring Program shall be completed by a user for any wastewater resamples which are determined to be in noncompliance with discharge limits. The NMP requires the user to collect a representative wastewater sample from the designated sample location at a frequency determined by the Director. The samples are to be analyzed for all pollutants which were determined to be in violation of discharge limits. Continued noncompliance may result in escalated enforcement action and additional monitoring requirements as specified by the Director. 13.32.230 REPORTING REQUIREMENTS 11 A. All industrial users shall submit self monitoring reports, as required by the Director, 12 which identify the characteristics of the industrial wastewater discharged to the POTW. The self monitoring reports shall be used to determine compliance with the conditions and discharge 13 requirements specified in Chapter 13.32, the industrial user permit, and federal and state regulations. Reports which may be required include: 14 1. Baseline Monitoring Reports 2. Compliance Schedule Progress Reports 15 3. Ninety (90) day Compliance Reports 4. Periodic Reports on continued Compliance 16 5. Other reports as required by the Director B. The monitoring frequency and pollutants required to be analyzed shall be specified by 17 the Director in the Industrial User permit issued to the user. All costs associated with the collection and analysis of the reqUired monitoring and the submittal of all required reports shall be 18 the responsibility of the industrial user. C. Failure to complete any required monitoring or failure to submit any required reports 19 shall be a violation of Chapter 13.32 and may subject the user to enforcement actions. 20 21 22 23 24 25 26 27 28 13.32.235 FLOW MEASUREMENT REQUIREMENTS A. Any industrial user who discharges a daily average of twenty-five thousand gallons per day or more of industrial wastewater, is designated as an Industrial Rate facility for sewer billing purposes, or any other industrial user as required by the Director, shall install a continuous monitoring flow or water meter approved by the Director, which is capable of measuring the volume of industrial wastewater discharged from the industrial user to the POTW. The readings collected from the flow or water meter shall be used to calculate the permitted daily average and daily maximum flows. Daily readings which exceed the daily maximum shall be reviewed by the Director. Continuous daily discharge readings which deviate more than 20% from the daily permitted flow shall require the permitted flow to be revised accordingly. B. The user shall record daily flow or water meter readings, as specified by the Director, on an approved log sheet. As required by the Director, monthly flow or water meter records shall be submitted to the SBMWD by the fifth calendar day of each month for the preceding month. The flow or water meter shall conform to standards issued by the Director and shall be equipped with a non-resetting flow totalizer. All flow and water meters shall be calibrated at least annually City of San Bernardino Municipal Water Department Page 19 of 54 to ensure the accuracy of the actual flow. All industrial users shall post the type, size, totalizer units, and flow multipliers for any flow or water meters used to measure the volume of wastewater 2 discharged from the user. 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 13.32.245 RECORD KEEPING 13.32.240 LIQUID WASTE DISCHARGE REQUIREMENTS A. Only domestic liquid wastes from chemical toilets, septic tanks, seepage pits, cesspools, or any other similar receptacles approved by the Director, that contain no industrial waste, shall be disposed at the designated WRP disposal site. B. The WRP disposal site is the only deslgnated disposal site for liquid wastehaulers who have been issued a liquid wastehauler permit by the SBMWD. C. A liquid waste manifest form shall be completed and signed by a permitted liquid wastehauler for each load to be dumped at the WRP disposal site. The manifest shall include documentation identifying the origin of the hauled. wastes. The origin of the hauled wastes requires the physical address where the wastes were originally generated and does not include the address of any temporary storage location. The liquid waste manifest shall be reviewed and signed by an authorized SBMWD employee before any load is approved to be discharged at the designated WRP disposal site. D. Domestic liquid wastes disposed at the designated WRP disposal site shall be subject to inspection, sampling and analysis to determine compliance with all applicable provisions of Chapter 13.32. Authorized personnel of the SBMWD shall perform or supervise such inspection, sampling and analysis at any time during the delivery of the domestic liquid waste, includmg prior to the discharge of the domestic liquid waste by the liquid wastehauler. If the WRP finds the wastes do not comply with the requirements of Chapter 13.32 or liquid wastehauler permit, the liquid wastehauler shall pay the WRP for all costs associated with such inspection, sampling, and analysis, and any other fees, charges or penalties assessed by the Director. E. If the WRP determines the wastes hauled by the liquid waste hauler to be or contain hazardous substances, the liquid wastehauler shall remain at the WRP until the liquid wastehauler transfers the hazardous substances to a wastehauler properly licensed to transport and dispose of such hazardous substances. F. Any liquid wastehauler providing false information to the SBMWD in any permit application, hauler's report or manifest, or correspondence shall be in violation of Chapter 13.32 and may be subject to enforcement action including permit suspension or revocation. G. Any liquid wastehauler that hauls both industrial wastes and domestic wastes shall remove all industrial waste contamination from the interior of the vacuum tank prior to loading any domestic liquid wastes into such tank. H. If the wastes hauled by a liquid wastehauler are found unacceptable for dischaq~e into the WRP, the liquid wastehauler shall dispose of the wastes at a legal disposal site. The liqUid wastehauler shall provide the SBMWD with a copy of the manifest documenting the legal disposal of the rejected wastes within fourteen calendar days from the date the wastes were rejected by the SBMWD. 24 All industrial users shall keep records of all waste hauling, pretreatment equipment maintenance reports, monitoring equipment recording charts and calibration reports, effluent flow 25 or water meter records, sample analysis data, and any other information required by the Director, on the site of the wastewater generation. All records are subject to inspection by Director and shall 26 be copied as needed. All records must be kept on the site of wastewater generation for a minimum period of three years. The record retention period may be extended beyond three years in the 27 event enforcement proceedings have been initiated against the user or an extensive history of the industrial user is required. 28 II II / City of San Bernardino Municipal Water Department Page 20 of 54 1 13.32.250 WRITTEN RESPONSES 2 All users required by the Director to provide a written response to any correspondence, order, or notice shall do so by the date specified. 3 4 13.32.255 COMPLIANCE EXTENSION 5 Any time limit or due date required in any report, written notice or any provision of this Ordinance may be extended only upon a showing of good cause by the user and a written 6 extension by the Director. 7 8 13.32.260 FALSIFYING INFORMATION Any user who knowingly makes any false statement, rel?resentation, or certification in any 9 record, correspondence, or other document submitted or reqUired to be maintained by the Director shall be in violation of Chapter 13.32 and may subject the user to enforcement actions. 10 11 12 13 III. DISCHARGE PROHIBITIONS 13.32.300 POINT OF DISCHARGE No person or user shall discharge any wastewater directly into a manhole or other opening in 14 the collection system other than through an approved building sewer connection, unless written permission for the discharge has been granted by the Director. This prohibition shall not apply to 15 authorized SBMWD, City, or contract city personnel involved with the maintenance, cleaning, repair, or inspection of the collection system. 16 17 18 19 20 21 22 23 24 25 26 27 28 13.32.305 PROHIBITED WASTE DISCHARGES Except as hereinafter provided, no person or user shall discharge or cause to be discharged into the POTW, or any opening, sump, tank, clarifier, piping or waste treatment system, which drains or flows into the POTW, any of the following: A. Any earth, sand, rocks, ashes, cinders, spent lime, stone, stone cutting dust, gravel, plaster, concrete, glass, metal filings, or metal or plastic objects, garbage, grease, viscera, paunch manure, bones, hair, hides, or fleshings, whole blood, feathers, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, tar, asphalt residues, residues from refining or processing fuel or lubrication oil and similar substances, or solid, semi-solid or viscous material in quantities or volume which will obstruct the flow of sewage in the collection system or any object which will cause clogging of a sewer or sewage lift pump, or interfere with the normal operation of the POTW. B. Any compound which will produce noxious odors in the sewer or wastewater treatment facilities. C. Any recognizable portions of human or animal anatomy. D. Any solids, liquids, gases, devices, or explosives which by their very nature or quantity are or may be, sufficient either alone or by interaction with other substances or sewage to cause fire or explosion hazards, exceed ten percent of the LEL at the point of discharge or in the collection system, or in any other way create imminent danger to SBMWD or City personnel, the POTW, the environment or public health. E. Any wastewater or material with a closed cup flash point of less than one hundred forty degrees Fahrenheit or sixty degrees Celsius using the test methods specified in 40 CFR 261.21 and amendments thereto. 1//// City of San Bernardino Municipal Water Department Page 21 of 54 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 F. Any overflow from a septic tank, facility wastewater holding tank, cesspool or seepage pit, or any liquid or sludge pumped from a septic tank, facility wastewater holding tank, cesspool or seepage pit, except as may be permitted by the Director. G. Any discharge from any wastewater holding tank of a recreational vehicle, trailer, bus and other vehicle, except as may be permitted by the Director. H. Any storm water, groundwater, well water, street drainage, subsurface drainage, roof drainage, yard drainage or runoff from any field, driveway or street. The Director may temporarily approve the discharge of such waters, in addition to unpolluted water from the SBMWD geothermal facility, to the POTW, when no reasonable alternative method of discharge is available, subject to the payment of all applicable User charges and fees by the discharger. Water from swimming pools, wading pools, spas, whirlpools, and therapeutic pools may be discharged to the POTW between the hours of 8:00 pm and 6:00 am, unless specifically prohibited by the Director. I. Any substance or heat in amounts that will inhibit biological activity in the POTW resulting in interference or which will cause the temperature of the sewage in any public sewer to be higher than one hundred forty degrees Fahrenheit. In no case shall any substance or heat be discharged to the sewer that will raise the WRP influent higher than one hundred four degrees Fahrenheit (forty degrees Celsius). J. Any radioactive waste in excess of federal, state or county regulations. K. Any pollutant(s), material or quantity of material which will cause: 1. Damage to any part of the POTW; 2. Abnormal mamtenance of the POTW; 3. An increase in the operational costs of the POTW; 4. A nuisance or menace to public health; 5. Interference or pass through in the WRP, its treatment processes, operations, sludge processes, use or disposal. This applies to each user introducing pollutants into the POTW whether or not the user is subject to other National Pretreatment Standards or any Federal, State, or local pretreatment requirements; or 6. A violation of the SBMWD NPDES permit. L. Any quantities of herbicides, algaecides, or pesticides in excess of the local or national categorical discharge standards. M. Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in excess of local discharge limits or national pretreatment standards. N. Any material or quantity ofmaterial(s) which will cause abnormal sulfide generation. O. Any wastewater having a corrosive property capable of causing damage to the POTW, equipment, or structures, or harm to SBMWD or City personnel. However, in no case shall wastewater be discharged to the POTW with a pH below 5.0, or greater than 11.0, or which will change the influent pH of the WRP to below 6.5 or above 8.0. P. Any substance that will cause discoloration of the WRP effluent. Q. Any unpolluted water, including cooling water, heating water, storm water, subsurface water, single pass cooling water, and single pass heating water. The Director may approve, on a temporary basis, the discharge of such water only when no reasonable alternative method of discharge is available. The user shall pay all applicable user charges and fees. R. Any substance which may cause the WRP effluent or any other product such as residues, sludge, or scums to be unsuitable for reclamation or reuse or which will interfere with any of the reclamation processes. This includes any material which will cause the sludge at the WRP to violate applicable sludge use or disposal regulations developed under the Federal Clean Water Act, 33 USCA, Section 1251 et seq., or any regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, 42 USCA, Section 6901, et seq.; Clean Air Act, 42 USCA, Section 7401, et seq.; Toxic Substance Control Act, 15 USCA, Section 2601, et seq., or any other applicable state regulations, and amendments to these Acts or regulations. S. Any pollutant, including oxygen demanding pollutants (BOD, COD, etc.) released in a discharge at a flow rate and/or pollutant concentration that will cause interference with the WRP. T. Pollutants that result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems. U. Any hazardous substance which violates the objectives of the General Pretreatment Regulations (40 CFR 403), Chapter 13.32, or any statute, rule, regulation or chapter of any public City of San Bernardino Municipal Water Department Page 22 of 54 agency having jurisdiction over said discharge, and amendments thereto. V. Any discharge from any groundwater remediation projects, except as may be permitted by the Director. W. Any slug loads from raw material, spent solutions, or sludges generated from processing tanks or vessels, unless no reasonable alternative is available to prevent severe loss of life or to protect the environment. These shall include, but are not limited to wash tanks, chemical conversion tanks, acid and alkali tanks, lubricating tanks, condensate from dry cleaning processes, fruit and vegetable wash tanks, brine wastewater from soft water regeneration processes above permitted limits, and any other tank or vessel containing a material which would exceed permitted discharge limits. X. Any radiator fluid or coolant, cutting oil, water soluble cutting oil, or water-based solvent. Y. Any photo processing waste from developing or fixing solutions or rinse waters that are not in compliance with the discharge limits specified in this Ordinance. Z. Any Toxic Organics in amounts which are determined to be toxic to the maintenance or operation of the POTW. The SBMWD may require the submittal of a Toxic Organic Management Plan (TOMP) from any user determined to discharge Toxic Organics above detection limits. 1 2 3 4 5 6 7 8 9 10 11 13.32.310 LIQUID WASTE DISCHARGE PROHIBITIONS A. Liquid wastehau1ers shall not discharge or cause to be discharged any hazardous material or hazardous waste, as defined by RCRA, to the designated WRP disposal site. R Liquid wastehaulers shall not discharge any industrial wastewater into the designated WRP disposal site, POTW or the collection system of a service area which receives sewer service from the City. C. Liquid wastehaulers shall not mix industrial wastewater and domestic liquid wastes in an attempt to discharge the mixture to the designated WRP disposal site. D. Liquid wastehaulers shall not mix or dilute any rejected load with another load in order to achieve compliance with Chafter 13.32 or liquid wastehauler permit. E. Liquid wastehaulers shal not dispose of any rejected load into any septic tank, cesspool, seepage pit or similar devices, any grease interceptor or trap, any storm drain, or any collection system opening except as authorized by the Director. 12 13 14 15 16 17 18 19 13.32.315 INTERCEPTOR PROHIBITIONS 20 The use of any biological or chemical products or other materials designed to metabolize, emulsify, suspend, or dissolve oil and grease within any sand/oil or oil/grease interceptor is 21 prohibited. 22 23 13.32.320 PROHIBITED DISCHARGE OF PRETREATMENT WASTE No person shall discharge any waste removed from any pretreatment equipment, systems, or 24 devices into any sewer or storm drain opening or any drains or other openings leading to any sewer or storm drain or to the ground without authorization and permits from the regulatory agency 25 having jurisdiction over the discharge of such waste. All waste removed from pretreatment equipment shall be disposed of in accordance with all applicable federal, state, county, and local 26 laws and regulations. 27 II II / 28 / II II City of San Bernardino Municipal Water Department Page 23 of 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 13.32.325 MEDICAL WASTE DISPOSAL A. No user shall discharge medical waste to the POTW without first complying with all requirements of the California Medical Waste Management Act (California Health and Safety Code Sections 117600 - 118360) and obtaining written permission from the Director. The request shall be submitted to the Director and shall include: 1. The source and volume of the medical waste; 2. The procedures and equipment used for disinfection of the medical waste; and 3. Employee training procedures for the legal disposal of the medical waste. B. If the Director believes that the waste would not be adequately disinfected, the Director shall issue a written denial to the user and state the reasons for the denial. This denial shall be issued within thirty days from receipt of the written request. C. If the Director believes that adequate disinfection of the waste can be achieved prior to discharge of the waste to the collection system, then conditional approval may be granted for the disposal of the waste. A letter of approval shall be sent to the user within thirty days of receipt of the written request. D. If the user is granted permission for disposal of the medical waste, the user: 1. Shall adequately disinfect the medical waste prior to discharge to the POTW as outlined in the approval letter; 2. Shall not dispose of solid medical waste to the POTW, including hypodermic needles, syringes, instruments, utensils or other paper and plastic items of a disposable nature, or recognizable portions of human or animal anatomy; and 3. Shall be subject to periodic inspections to verify that all disinfection methods, procedures, and practices are being performed. E. As authorized by the Director, wastewater generated from medically required life saving operations, including but not limited to dialysis facilities, may be approved for disposal to the POTW. 13.32.330 DILUTION PROHIBITED AS A SUBSTITUTE FOR TREATMENT No industrial user shall increase the use of water, or in any other manner, attempt to dilute a 17 wastewater discharge as a partial or complete substitute for adequate treatment to achieve compliance with Chapter 13.32 and the user's permit, or to establish an artificially high flow rate 18 for permitted mass emission rates or permitted flow amounts. 19 20 21 22 23 24 25 26 27 28 13.32.335 WATER SOFTENING PROHIBITIONS A. No industrial user shall install, replace, enlarge, or use any apparatus for softening all or any part of the water supply to any premises when such apparatus is an lOn-exchange softener or demineralizer of the type that is regenerated at the site of use with the regeneration wastes being discharged to the ground, storm drain or the POTW unless the apparatus is in compliance with the following conditions: 1. The brine solutions generated during the backwash cycles of the water softener shall be segregated from the fresh water rinses for disposal to a legal brine disposal site; 2. The backwash equipment shall be e~uipped with an electrical conductivity controlled discharge valve that controls the wastewater dIscharged to the POTW. The electrical conductivity valve shall be calibrated at a minimum annually or as often as necessary to control and prevent any wastewater from being discharged to the POTW that exceeds the maximum electrical conductivity, total dissolved solids, or associated sodium and chloride concentrations established in the local discharge limitations specified in this Ordinance; and 3. The industrial user shall maintain the electrical conductivity controlled discharge valve in proper operating condition at all times. The industrial user shall notify the Director within twenty-four (24) hours in the event of a valve failure and immediately cease the City of San Bernardino Municipal Water Department Page 24 of 54 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 discharge of all wastewater to the POTW associated with the soft water regenerating processes. A written report documenting the cause of the failure and the corrective actions taken shall be submitted to the Director, within five calendar days after discovery of the electrical conductivity valve failure. B. Pursuant to California Health and Safety Code Sections 116775-116795 and amendments thereto, no residential water softening or conditioning appliance shall be installed except in either of the following circumstances: 1. The regeneration of the appliance is performed at a nonresidential facility separate from the location of the residence where such appliance is used; or 2. The regeneration of the appliance dIscharges to the waste disposal system of the residence where such appliance is used and the following conditions are met: a. The appliance activates regeneration by demand control; b. An appliance installed on or after January I, 2000, shall be certified by a third party rating organization using industry standards to have a salt efficiency rating of no less than three thousand three hundred fifty grains of hardness removed per pound of salt used in generation. An appliance installed on or after January 1, 2002 shall be certified by a third party rating organization using industry standards to have a salt efficiency rating of no less than four thousand grains of hardness removed per pound of salt used in generation; c. The installation of the appliance is accompanied by the simultaneous installation of the following softened or conditioned water conservation devices on all fixtures using softened or conditioned water, unless such devices are already in place or are prohibited by local and state plumbing and building standards or unless such devices will adversely restrict the normal operation of such fix.tures: 1. 11. 111. iv. A piping system installed so that untreated (un softened or unconditioned) supply water is carried to hose bibs and sill cocks which serve water to the outside of the house, except that bypass valves may be installed on homes with slab foundations constructed prior to the date of installation; or condominiums constructed prior to the date of installation; or otherwise where a piping system is physically inhibited. C. The certification required under subsection B of this Section shall be provided by the new user of the appliance and shall be completed by a contractor havin~ a valid Class C-55 water conditioning contractor's license or Class C-36 plumbing contractor's lIcense and filed with the City Building Division. The certification form shall contain all of the following information: 1. Name and address of homeowner; 2. Manufacturer of the water softening or conditioning appliance, model number of the appliance, pounds of salt used per regeneration, and salt efficiency rating at the time of certificatIOn. 3. Manufacturer of the water-saving devices installed, model number, and number installed; and 4. Name, address, and the specialty contractor's license number of the C-55 and C-36 licensee making the certification. D. Any person installing or operating a water conditioning apparatus of any kind shall make such apparatus accessible to the Director for inspection at reasonable times. E. Notwithstanding subdivision 2 of subsection B. of this Section, the SBMWD may limit the availability, or prohibit the installation, of residential water softening or conditioning appliances that discharge to the POTW if the Director makes all of the following findings: I. The WRP is not in compliance with the discharge or water reclamation requirements specified in the NPDES permit issued by the Regional Water Quality Control Board; 2. Limiting the availability, or prohibiting the installation, of the appliances is the only available means of achieving compliance with waste discharge requirements issued by the Regional Board; and 3. All nonresidential sources are limited to the volumes and concentrations of saline discharges to the POTW to the extent technologically and economically feasible. Faucet flow restrictors. Shower head restrictors. Toilet reservoir dams. 28 City of San Bernardino Municipal Water Department Page 25 of 54 13.32.340 LIMIT A TION ON W ASTEW A TER STRENGTH 2 No user shall discharge industrial wastewater to the POTW unless the wastewater conforms to the limitations and requirements of Chapter 13.32. Discharge limitations shall be revised as 3 needed to ensure compliance of the WRP effluent and bio-solids reuse in compliance with the SBMWD NPDES Permit. For Categorical Users, the SBMWD may exercise one or more of the 4 following options: A. Where a categorical pretreatment standard is expressed in terms of either mass or 5 concentration of a pollutant, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(C) and amendments thereto; 6 B. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Director shall impose an alternate limit using 7 the combined wastestream formula; and C. A variance from a categorical pretreatment standard may be issued if the user can 8 prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13 and amendments thereto, that factors relating to its discharge are fundamentally different from the factors 9 considered by the EP A when developing the categorical pretreatment standard. 10 11 12 I3 14 15 16 17 18 19 20 21 22 13.32.345 LOCAL DISCHARGE LIMITATIONS As required by the Director, all users shall comply with the Local Discharge Limits as set forth in the Industrial UserLocal Discharge Limitation Table and Wastehauler Discharge Limitation Table. The pollutant discharge limits included in the Wastehauler Discharge Table are applicable to all septic and chemical toilet waste disposed at the WRP septic receiving station. All Categorical Industrial Users shall be required to meet the more stringent of Local Discharge Limits and the specific Categorical Pretreatment Standards. INDUSTRIAL USER LOCAL DISCHARGE LIMITATION TABLE [Daily Maximum Discharge Limit] CONSTITUENT Arsenic Boron Cadmium Chloride Chromium (Total) Copper Cyanide Fluoride Lead Mercury Nickel Phenol Silver Sodium Sulfate Zinc MILLIGRAMS/LITER 0.9 1.0 0.2 990 2.3 7.4 1.5 3.8 2.2 0.1 2.3 2.13 2.5 495 382 8.4 23 24 25 26 I I I I I 27 11111 28 II II I City of San Bernardino Municipal Water Department Page 26 of 54 W ASTEHAULER DISCHARGE LIMITATION WASTE (Daily Maximum Discharge Limit] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 CONSTITUENT Arsenic Cadmium Chromium (total) Copper Lead Nickel Zinc MILLIGRAMSILITER 0.9 0.3 2.3 15.0 4.0 2.3 31.0 13.32.350 FEDERAL CA TEGORICAL PRETREATMENT STANDARDS The Federal Categorical Pretreatment Standards found in 40 CFR Chapter I, Subchapter N and amendments thereto are hereby incorporated into Chapter 13.32 by reference. Where duplication of the same pollutant limitation exists, the limitation that is more stringent shall prevail. Compliance with Federal Categorical Pretreatment Standards for existing sources subject to such standards or for existing sources which hereafter become subject to such standards shall be achieved within three years following promulgation of the standards unless a shorter compliance time is specified in the standards or by the Director. New sources shall have all required pretreatment equipment, which is necessary to meet applicable pretreatment standards, installed and operating before beginning any discharge. New sources must meet all applicable pretreatment standards within the shortest feasible time, not to exceed ninety days. IV. PRETREATMENT REQUIREMENTS 13.32.400 SEPARATION OF WASTEWATER Any user who discharges industrial wastewater to the POTW shall keep domestic wastewater separate from all industrial wastewater until the industrial wastewater has passed through all required pretreatment and monitoring equipment or devices. For existing Categorical Industrial Users that cannot separate the domestic wastes from the industrial wastes prior to the permitted sample location, the combined waste stream formula shall be applied to determine applicable discharge limitations. 13.32.405 PRETREATMENT OF INDUSTRIAL WASTEWATER All industrial users shall: A. Provide wastewater pretreatment, as required, to comply with Chapter 13.32; B. Achieve compliance with all applicable Federal Categorical Pretreatment Standards, as contained in 40 CFR Chapter I, Subchapter N and amendments thereto, and local limits, whichever are more stringent, within the tIme limitations as specified by the Director or Federal Pretreatment Regulations; C. Provide, operate, and maintain all necessary equipment, systems, and devices, as required by the Director, at the user's expense; D. Provide detailed plans to the Director for review and approval indicating the pretreatment equipment, systems, devices and operating procedures before the beginning of any construction or installation of any equipment. The review of such plans and operating procedures shall not relieve the user from the responsibility of pretreating wastewater to produce an effluent acceptable to the Director under the provisions of Chapter 13.32; /II/I 25 26 27 28 City of San Bernardino Municipal Water Department Page 27 of 54 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 E. No user shall install pretreatment equipment, systems or devices in a confined space or a permit required confined space; F. Whenever deemed necessary, the Director may require users to restrict their wastewater discharge, relocate and/or consolidate points of discharge, separate domestic waste streams from industrial waste streams, and other such conditions as may be necessary to protect the POTW and determine the users compliance with the requirements of Chapter 13.32; and G. Notify the Director of any pretreatment equipment failure within twenty-four (24) hours after the user is aware of the failure. The notification shall be accomplished by a telephone call, telefax transmission, personal visit or hand delivered notification, to the SBMWD. A written report documenting the cause of the failure and the corrective actions completed shall be submitted to the Director, within five calendar days after discovery of the pretreatment equipment failure. 13.32.410 PRETREATMENT EQUIPMENT BYPASS A. No user shall bypass any pretreatment equipment or device unless the bypass: (i) is necessary to prevent loss of life, personal injury or severe property damage, is not necessitated by some fault of the user, and is the only feasible alternative; or (ii) is necessary to perform essential maintenance ensuring adequate operation ofthe pretreatment equipment or device and does not cause a violation of applicable discharge limits. B. All users shall comply with the following bypass notification requirements: 1. Anticipated bypass: The user shall submit a written notice to the Director at least ten days before the date of the scheduled bypass; or 2. Unanticipated bypass: The user shall notify the Director within twenty-four (24) hours upon learning that any pretreatment equipment or device has been bypassed. The user shall submit a written report to the Director within five working days after the bypass. All bypass reports shall mclude: a. A description of the bypass, including the volume and duration; b. If the bypass was corrected; and c. Actions completed or proposed to prevent a recurrence of the bypass. 13.32.415 STANDARD INTERCEPTOR DESIGNS The Director shall maintain a file, available to the public, of suitable designs of gravity separation interceptors. This file shall be for informational purposes only and shall not provide or imply any endorsements of any kind. Installation of an interceptor of a design shown in this file, or of any design meeting the size requirements set forth in Chapter 13.32 shall not subject the City to any liability for the adequacy of the interceptor under actual conditions of use. The user and property owner shall not be relieved of the responsibility of preventing the discharge of industrial wastewater to the POTW which exceeds permitted discharge limits. 13.32.420 PRETREATMENT REQUIREMENTS FOR EXISTING USERS All existing industrial users which do not have adequate pretreatment shall be required to install pretreatment equipment, as specified by the Director, to meet the required local discharge limits specified herein, under the following conditions: A. The user has been determined to cause or contribute to an increase in the frequency of sewer line maintenance cleaning or repairs. B. The user has been determined to cause or contribute to sewer line blockages or Sanitary Sewer Overflows. C. The user has sold or transferred operation of the facility to a new user or operator. D. The user has completed any changes to the following: 11/1/ City of San Bernardino Municipal Water Department Page 28 of 54 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 1. A significant interior plumbing modification; 2. A significant increase in seating capacity; 3. A significant increase in operating hours; 4. A significant change in the type offood prepared atthe facility; 5. A significant change in the maximum meals served per peak hour; 6. A significant change in the type of equipment used; 7. Any other changes which result in a significant change to the quantity or quality of the wastewater discharged. 13.32.425 INTERCEPTOR REQUIREMENTS All interceptors and grease traps required to be installed must be approved by the Director prior to installation. All users required to install an interceptor shall comply with the following conditions: A. The interceptor shall be watertight, structurally sound, durable and have a minimum of two chambers with a separate ring and cover for each chamber, unless otherwise approved by the Director, to insure adequate cleaning capabilities. All rings shall be affixed to the Interceptor to insure a gas and watertight seal. B. All interceptor chambers shall be immediately accessible at all times for the purpose of inspection, sampling, cleaning, and maintenance. At no time shall any material, debris, obstacles or other obstructions be placed in such a manner that will prevent immediate access to the interceptor. C. Any interceptor legally and properly installed before the effective date of Chapter 13.32 shall be acceptable as an alternative to the current interceptor requirements provided the interceptor is effective in removing floatable and settleable material and is accessible for inspection, sampling, cleaning, and maintenance. D. All drains, openings and service lateral lines connected to an approved interceptor shall be kept free from any obstructions or restrictions to wastewater discharge. All drains and openings connected to an approved interceptor shall be equipped with screens or devices which will prevent all material and particles with a cubic dimension greater than three-eighths of an inch from being discharged to the POTW. E. All interceptors shall be equipped with an influent tee extending no more than twelve inches below the operatmg fluid level of the interceptor. The interceptor shall also have tees extending to within twelve inches of the bottom at the exit side of each interceptor chamber, including the final chamber. The Director shall review and either approve or deny any alternate manufacturers engineered interceptor designs contrary to standard requirements. F. All interceptors shall be equipped with a sample box as required by the Director. G. No user shall install or use any elbows or tees in any interceptor sample box. H. No user shall install any interceptor or sample box in a confined space or a perrnit- required confined space. I. If the Director finds, either by engineering knowledge or by observation, that an interceptor is incapable of adequately retaining floatable and settleable material in the wastewater flow, is structurally inadequate, or is undersized for the facility, the Director shall reject such interceptor and declare that the interceptor does not meet the requirements of this Section. The user shall be required to install, at the user's expense, an interceptor that is acceptable to the Director. J. No user shall abandon, seal, fill, or in any other way bypass an existing interceptor or grease trap unless prior approval has been requested and granted by the Director. The approval of the Director shall require the user to propose and receive approval from the Director for the proper disposal of any wastes or industrial wastewater generated by the user. /II/! /II/! City of San Bernardino Municipal Water Department Page 29 of 54 13.32.430 SAND/OIL INTERCEPTORS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A. No user that owns, operates, or maintains a facility for the servicing, repair, cleaning, washing, or any other type of maintenance activities performed on roadway machinery, industrial transportation equipment, motor vehicles, public or private transportation vehicles, or any other facility as required by the Director, shall discharge wastewater to the POTW without first complying with all sand/oil interceptor requirements specified by the Director. Such users shall complete and submit a Class III Industrial User Permit Application to the Director for review of sand/oil interceptor requirements. B. The Director shall notify the user of the Directors determination whether installation of a sand/oil interceptor is required prior to such users discharge to the POTW. It is unlawful for any user to discharge wastewater to the POTW without use of a sand/oil interceptor, in accordance with Chapter 13.32, as required by the Director. C. The Director shall calculate the size of the sand/oil interceptor to be used by the maintenance facility. The interceptor shall have a minimum operational fluid capacity of one hundred gallons and shall be designed to retain material which will float or settle. Domestic wastewater shall not be allowed to pass through the interceptor. D. Any user required to install a sand/oil interceptor shall direct all wastewater from all drains, sinks, and wash racks, through an approved minimum size one hundred gallon sand/oil interceptor which complies with SBMC Section 13.32.425. Such user shall keep all domestic wastewater from restrooms, showers, drinking fountains, and condensate (i.e., ice melt, air conditioning condensate) separate from the wastewater until the wastewater has passed through all necessary sand/oil interceptors, pretreatment equip'ment, and/or monitoring stations. E. Any user required to install a sand/oil interceptor shall maintain such interceptor in accordance with SBMC Section 13.32.445. "'. ...'"t 13.32.435 RESTAURANT REQUIREMENTS A. No user that owns, operates, or maintains a restaurant facility shall discharge wastewater to the POTW without first complying with all oil/grease interceptor requirements specified by the Director. Such restaurant users shall complete and submit a Class III Restaurant User Permit Application to the Director for review of oil/grease interceptor requirements. B. The Director shall notify the restaurant user whether installation of an oil/grease interceptor is required prior to such restaurant user's discharge to the POTW. It is unlawful for any restaurant user to discharge restaurant wastewater to the POTW without use of a grease interceptor, in accordance with Chapter 13.32, as required by the Director. C. The Director shall calculate the size of the grease interceptor required to be used by the restaurant user, in accordance with the sizing criteria specified in the Uniform Plumbing Code 2000, Appendix H, as amended. In order to provide adequate retention time for the separation of oil/grease, the Director shall require the installation of a 750 gallon interceptor and sample box for all users who are sized between a 100 and 750 gallon interceptor. The Director may elect to use the following sizing criteria in lieu of maximum seating capacity, as indicated in the UPC Appendix H, as amended, to determine the number of meals served per peak hour: 1. Full Service Restaurants: Maximum number of seats 2. Fast food/Sandwich Shop Restaurants: One and a halftimes the maximum number of seats 3. Dinner Theater/Pizza Parlors: One quarter times the maximum number of seats The Directors decision shall be based on the type of restaurant, the condition of the collection system serving the restaurant, and possible adverse affects caused by the restaurants discharge. The Director reserves the right to require a larger interceptor when necessary and to set a maximum interceptor size when appropriate, to prevent the accumulation of sewer gas in underutilized interceptors. 1111/ 25 26 27 28 City of San Bernardino Municipal Water Department Page 30 of 54 D. Any restaurant user required to install an oil/grease interceptor shall direct all wastewater from all restaurant drains, sinks, wash racks, dishwashers, and garbage grinders 2 through an approved minimum size seven hundred fifty gallon oil/grease interceptor which complies with SBMC Section 13.32.425. Such restaurant user shall keep all domestic wastewater 3 from restrooms, showers, drinking fountains, and condensate (i.e., ice melt, air conditioning condensate) separate from the restaurant wastewater until the restaurant wastewater has passed 4 through all necessary oil/grease interceptors, pretreatment equipment, and/or monitoring stations. E. Any restaurant user required to install a grease mterceptor shall maintain such 5 interceptor in accordance with SBMC Section 13.32.445. F. All restaurant users are required to segregate all waste oil from deep fryers, cookers, 6 etc. from all other waste streams. The segregated waste oil is not permitted to be discharged to the POTW. The waste oil is required to be stored onsite and hauled to an approved disposal site. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13.32.440 CONDITIONAL WAIVERS The Director may conditionally waive the oil/grease interceptor re~uirement or require the installation of an under sink grease trap, as approved by the San Bernardmo County Department of Environmental Health, for any restaurant user determined by the Director not to have a reasonable potential to cause an adverse effect on the operation of the POTW. The Director may revoke such conditional waiver for the following reasons: A. Changes in menu; B. Falsification of information submitted in the Wastewater discharge survey form; C. Changes in operating hours; D. Changes in maximum seating capacity; E. Changes in maximum meals served per peak hour; F. Changes in equipment used; G. Changes in the quantity or quality ofthe wastewater discharged; or H. Increased sewer line maintenance or sanitary sewer overflows (SSOs) which is attributed to the restaurant user's wastewater discharge. 13.32.445 INTERCEPTOR MAINTENANCE A. Any user who owns or operates an interceptor shall properly maintain the interceptor at all times. The interceptor shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the interceptor and odors do not accumulate which would cause a public nuisance. An interceptor is considered to be in violation of Chapter 13.32 under the following conditions: 1. Odors generated from the interceptor cause a public nuisance. 2. The interceptor is not in good working conditIOn and appears to be surcharging. 3. The operational fluid capacity ofthe interceftor has been reduced by more than twenty-five percent by the accumulation of floating materia, sediment, solids, oil or grease. 4. The industrial wastewater discharged from the user is determined to contain more than 250 mg/L of oil and grease. B. When an interceptor is cleaned, the interceptor must be pumped out completely and the removed sediment, liquid and floating material shall be lawfully disposed at a facility legally approved to accept such waste. C. The user shall maintain a manifest for the removed interceptor waste. The manifest shall include at a minimum: the name and address of the facility where the waste is removed, the disposal site for the interceptor waste, the volume removed, and the date and time of removal. Failure to maintain and provide the required information may require the user to document the required information on a SBMWD issued grease hauler manifest form. II/II City of San Bernardino Municipal Water Department Page 31 of 54 D. The removed pretreatment waste shall not be reintroduced into the interceptor or discharged into another interceptor at another location which has not been approved by the 2 Director to accept such waste. E. If the interceptor is not maintained adequately and increased pumping is determined 3 to be insufficient to maintain the effective operation of the interceptor, the user shall be required to install an interceptor of sufficient size, that is effective in pretreating the wastewater to acceptable 4 standards. F. The owner and lessee, sub-lessee, proprietor, operator and superintendent of any 5 facility, required to install an interceptor, are individually and severally liable for any failure to properly maintain such interceptor. 6 7 13.32.450 SIL VER RECOVERY PRETREATMENT SYSTEMS 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 A. All industrial users who discharge wastewater to the POTW which is generated from the development of photographic film, film negatives, x-rays, or plate negatives shall install silver recovery pretreatment equipment, as required by the Director. B. The silver recovery equipment shall be capable of sufficiently removing silver from the fixer solution and any silver laden rinse water to meet the required local discharge limits specified herein. C. The photo developing solution shall be required to be separated, reclaimed, hauled by a licensed wastehauler to an approved disposal site and shall not be dIscharged to the silver recovery equipment. D. As required by the Director, the user shall install an ap'proved sample collection device at the discharge end of the silver recovery equipment to facIlItate the collection of representative wastewater samples. 13.32.455 INDUSTRIAL USER MODIFICATIONS All permitted users shall report proposed changes to the Director, for review and approval, thirty days prior to initiation of the changes. The reporting shall be done in writing from the authorized representative of the permitted industrial user. For the purposes of this section "changes" shall include any of the following: A. A sustained twenty percent increase or decrease in the industrial wastewater flow discharged or in production capacity; B. Additions, deletions or changes to processes or equipment; or C. Experimentation with new processes and/or equipment that will affect the quantity or quality of the wastewater discharged. 13.32.460 UNAUTHORIZED EQUIPMENT MODIFICATIONS No user shall knowingly falsify, tamper with, or render inaccurate any monitoring device or 23 any pretreatment equipment or device. Such falsification, tampering, or inaccuracy shall be considered a violation of Chapter 13.32 and shall subject the user to enforcement actions. 24 25 13.32.465 NOTICE OF POTENTIAL PROBLEMS TO DIRECTOR 26 All users shall notify the Director within twenty-four (24) hours of any substantial change, in the quantity or quality of the wastewater discharged, that could cause a problem at the POTW, 27 including any slug loadings of any material. Wastewater discharges that may cause a problem at the POTW include, but are not limited to, acids, alkalis, oils, greases, high strength organic waste, 28 salts, hazardous substances and waste, colored wastes, and batch discharges. All users shall notify the Fire Department in the event the discharge has the potential to cause a fire or explosion hazard. City of San Bernardino Municipal Water Department Page32 of 54 1 All users shall provide the Director, within five business days from the incident, a written report detailing the cause of the discharge and the corrective actions completed to prevent a recurrence. 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 13.32.470 SPILL CONTAINMENT SYSTEMS All users, as required by the Director, shall install spill containment systems which conform to established requirements. The spill containment systems shall be sufficient to prevent the discharge of any bulk chemicals, raw materials, finished product, etc. to the POTW. Spill containment requirements include but are not limited to the following: A. Spill containment systems for tanks, carboys, and vats shall consist of a system of dikes, walls, barriers, berms, or other devices approved by the Director which are designed to contain a minimum of 110% of the liquid contents of the largest container stored in the containment device. B. Spill containment systems for drums and barrels may consists of individual spill containment skids, pallets, or other devices approved by the Director which are designed to contain a minimum of 110% of the entire contents of all containers stored in the containment device. C. Spill containment systems shall be constructed of materials that are impermeable and non-reactive to the liquids being contained. D. Outdoor spill containment systems shall be constructed with adequate covering to prevent the accumulation of water from inclement weather or irrigation within the spill containment device. E. Spill containment systems shall not allow incompatible substances to mix and cause a hazardous situation in the event of a failure of one or more containers. F. At no time shall a user use a spill containment system for the storage of waste other than from a spill generated from a contained liquid. G. Liquid contained within the spill containment system shall be removed as soon as possible or as instructed by the Director to restore the capacity of the spill containment system to the original volume. 13.32.475 FACILITY WASTE MANAGEMENT PLAN Permitted Significant Industrial Users may be required to develop and maintain a Facility Waste Management Plan (FWMP). The FWMP may include any of the following documents: A. TOXIC ORGANIC MANAGEMENT PLAN (TOMP) is required of all categorical industrial users which are permitted to submit a TOMP in lieu of required pollutant monitoring. B. SLUG LOAD CONTROL PLAN (SLCP) is required of all industrial users which have batch discharge provisions, stored chemicals or materials, or theJotential for a slug discharge which, if discharged to the POTW, would violate any of the prohibite discharge requirements of Chapter 13.32. C. PRETREATMENT SYSTEMS OPERATIONS MANUAL is required of all industrial users that operate and maintain pretreatment equipment. D. HAZARDOUS MA TERIALS/W ASTE MANAGEMENT PLAN is required of all industrial users that use or possess a hazardous substance or generate a hazardous substance. The City's Fire Department-required Business Emergency Plan may be substituted for this management plan. E. WASTE MINIMIZA TION/POLLUTION PREVENTION PLAN (WM/PPP) is required of any industrial user: 1. For whom the Director has determined such WM/PPP is necessary to achieve a water quality objective; 27 28 11111 City of San Bernardino Municipal Water Department Page 33 of 54 1 2. Determined by the California State Water Quality Control Board (State or Regional Board) to be a chronic violator, and the State Board, Regional Board or City determines 2 that pollution prevention (as defined in Water Code Section 13263.3(b)) could assist; 3. That significantly contributes, or has the potential to significantly contribute, 3 to the creation of a toxic hot spot as defined in Water Code Section 13391.5. F. The WM/PPP may be required to include: 4 1. A wastewater analysis ofpollutant(s), as directed by the State Board, Regional Board, or SBMWD, that the user discharges to the POTW, a description of the source(s) 5 of the pollutant(s), and a comprehensive review of the processes used by the users that result in the generation and discharge of the pollutant(s). 6 2. An analysis of the WM/PPP to reduce the generation of the pollutant(s), including the application of innovative and alternative technologies and any adverse environmental 7 impacts resulting from the use of those methods. 3. A detailed description of the tasks and time schedules required to investigate 8 and implement various elements of pollution prevention techniques. 4. A statement of the user's pollution preventIOn goals and strategies, including 9 priorities for short-term and long-term action. 5. A description of the users existing pollution prevention methods. 10 6. A statement that the users existing and planned pollution prevention strategies do not constitute cross media pollution transfers unless clear environmental benefits of such an 11 approach are identified to the satisfaction of the SBMWD. 7. Proof of compliance with the Hazardous Waste Source Reduction and 12 Management Review Act of 1989 (article 11.9 (Section 25244.12) of Chapter 6.5 of Division 20 of the Health and Safety Code), if applicable. 13 8. An analysis of the pollution prevention measures, relative costs, and benefits of the proposed pollution prevention activities selected by the user. 14 15 16 17 18 19 20 21 22 23 V. WASTEWATER DISCHARGE PERMITS 13.32.500 GENERAL PERMIT REQUIREMENTS A. It is unlawful for any Class I, II, III, IV, V, or VI User to connect or discharge to the POTW without a valid industrial user or liquid wastehauler permit. B. Plans and building permits shall not be approved by the Director for any sewer connection to the POTW unless the user has first obtained the appropriate industrial user permit or the user has received written permission from the Director to connect to the POTW after agreeing in writing not to discharge industrial wastewater until an industrial user permit has been obtained. C. The Director shall have the authority to deny or establish dIscharge limitations for all users who propose new or increased contributions of pollutants, or changes in the nature of pollutants to the POTW where the contributions do not meet applicable pretreatment standards, requirements or would cause the SBMWD to violate its NPDES permit. 24 25 26 27 28 13.32.505 INDUSTRIAL USER PERMIT APPLICATION REQUIREMENTS A. All users required to obtain an industrial user permit shall complete and file with the Director a permit application form provided by the Director and shall pay all applicable fees invoiced by the SBMWD. The permit application may require the applicant to supply any or all of the following information: 1. Name, address, and location of the facility (if different from the mailing address); Name, title and phone number of authorized representative(s) and contact(s); 2. 11111 City of San Bernardino Municipal Water Department Page 34 of 54 2 3 4 5 6 3. NAICS number of the operation(s) carried out by the industrial user, according to the Federal North American Industry Classification System, Office of Management and Budget, 1997, as amended; 4. EP A hazardous waste generator's number, if applicable; 5. A description of operations including the nature, average rate of production, and a schematic process diagram which indicates points of discharge to the POTW; 6. Flow measurement information showing the measured average daily and maximum daily flow in gallons per day discharged to the POTW from process waste streams and all other waste streams, as necessary, to determine the permitted flow of the user and to allow use of the combined waste stream formula; 7. Time and duration that wastewater is discharged; 8. Wastewater samples collected according to 40 CFR 403. 12(b)(5) specifications and analyzed by a laboratory certified by the State of California, Department of Health Services to complete the specific pollutant analyses; 9. Measurement of pollutants identifying the National Categorical Pretreatment Standard applicable to each regulated process, with the results of sample analyses identifying the nature and concentration (or mass where required) ofregulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass) shall be reported. All analyses shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto; 10. A list of all environmental control permits held; 11. Site plans, floor plans, process and pretreatment flow charts, mechanical and plumbing plans with details to show all sewers, sewer connections, monitoring equipment, pretreatment equipment, systems and devices, production areas and all areas of wastewater generation; 12. Certification statement, as set forth in 40 CFR Part 403.6(a)(2)(ii) and amendments thereto, executed by an authorized representative of the industrial user and prepared by a qualified professional, indicating whether or not pretreatment standards (categorical and local) are being met on a consistent basis. If not, the industrial user shall state if additional pretreatment equipment is necessary to achieve compliance with pretreatment standards and requirements; and 13. Any other information as may be necessary for the Director to evaluate the permit application. The accuracy of all data submitted, including monitoring data, shall be certified by an authorized representative of the industrial user as set forth in 40 CFR Part 403.6(a)(2)(ii). B. After receiving the completed application and all required support information, the Director shall evaluate the application and information furnished by the applicant and either issue an industrial user permit subject to the terms and conditions provided in Chapter 13.32, suspend the issuance of the permit or disapprove the application pursuant to Subsection F of this Section. The Director shall issue the permit, if the Director believes that sufficient and accurate information has been provided by the applicant in the permit application and the Director finds that all of the following conditions are met: 1. The proposed discharge of the applicant is in compliance with the prohibitions and limitations of Chapter 13.32; 2. The proposed operation and discharge of the applicant would not interfere with the normal and effiCient operatIOn of the WRP; 3. The proposed operation and discharge of the applicant shall not result in a violation by the SBMWD of the terms and conditions of its NPDES permit or cause a pass through of any toxic materials to the WRP; and 4. The applicant hasJ'aid all applicable industrial user permit fees. C. The Director may suspen the permit application process if the users business will not be operational at the conclusion of the application review process. The Director will supply the user with an interim approval letter in order to receive a permit to commence construction from the Building Department. The user is required to notify the Director at least fourteen days prior to the commencement of business operations. The industrial user permit will be issued upon proper 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City of San Bernardino Municipal Water Department Page 35 of 54 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 notification by the user. D. If the Director determines that the proposed discharge will not be acceptable, the Director shall disapprove the application and shall notify the applicant in writing, specifying the reason(s) for denial and the applicable appeals process. 13.32.510 INDUSTRIAL USER PERMIT REQUIREMENTS 20 A. Industrial user permits shall be subject to all provisions of Chapter 13.32 and all other applicable regulations, charges and fees established by resolution(s) approved by the Board. B. Permits may contain or require any or all of the following: 1. Limitations on the maximum daily and average monthly wastewater pollutants and mass emission rates for pollutants; 2. Limitations on the average and maximum daily wastewater flow rates; 3. Requirements for the submittal of daily, monthly, annual and long-term production rates; 4. Requirements for reporting changes and/or modifications to equipment and/or processes that affect the quantity or quality of the wastewater discharged; 5. Requirements for installation and maintenance of monitoring and sampling equipment and devices; 6. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate spill containment devices; 7. Specifications for monitoring programs which may include: sampling location(s); frequency of sampling; pollutant violation notification and resampling requirements; number, types and standards for tests; reporting schedules; TTO monitoring; and self-monitoring standard operating procedures (SOPs); 8. Requirements for reporting flow exceedances and pollutant violations; 9. Requirements for submission of technical or discharge reports, Baseline Monitoring Reports (BMR), compliance reports, and reports on continued compliance; 10. Reports on compliance with Federal Categorical Pretreatment Standards deadlines. All categorical industrial users shall submit reports to the Director containing the information described in this Section as required by the permit. For existing categorical industrial users, the report shall be submitted within ninety days followin~ the date for final compliance with applicable categorical pretreatment standards. For new categorIcal industrial users, the report shall be due thirty days following the commencement of wastewater discharge into the POTW. These reports shall contain long term production rates and actual production during the wastewater sampling periods; 11. All significant industrial users shall collect representative wastewater samples collected from the approved sample location during the first month of the first and third quarters. The sample analysis compliance reports shall be submitted to the SBMWD by the end of the second month of the first and third quarter. These reports shall include effluent sample analyses results with the name and concentration or mass of the pollutants in the industrial user permit; average and maximum daily wastewater flows for all processes and total flow for the reporting period; average and maximum daily production rates; and total production rate for the reporting period; 12. All required reports: BMRs, compliance reports, periodic reports on continued compliance, and sample data submittals, must be signed by an authorized representative of the user; 13. All required reports must have an accompanying certification statement, by an authorized representative, stating whether the pretreatment standards are or are not being met as set forth in 40 CFR Section 403. 12(b)(6) and amendments thereto; 14. Requirements for maintaining and retaining all records relating to the wastewater monitoring, sample analyses, production, waste disposal, recycling, and waste minimization as specified by the Director; 21 22 23 24 25 26 27 28 City of San Bernardino Municipal Water Department Page 36 of 54 15. Requirements for notification of slug or accidental discharges and significant changes in volume or characteristics of the pollutants discharged; 2 16. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements of Chapter 13.32 and amendments thereto; and 3 17. Other conditions or requirements as deemed appropriate by the Director to ensure compliance with Chapter 13.32 and amendments thereto. 4 5 13.32.515 LIQUID W ASTEHAULER PERMITS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. It is unlawful for any liquid wastehauler to discharge to the designated WRP disposal site without a current liquid wastehauler permit, and a current San Bernardino County Department of Environmental Health liquid wastehauler permit and decal, or to otherwise fail to comply with the provisions of Chapter 13.32. B. No person shall be issued a liquid wastehauler permit by the SBMWD without first completing and submitting an application for a SBMWD liquid wastehauler permit which contains the following information: 1. Name, address, and phone number of the liquid wastehauler; 2. Number of vehicles (vehicles include trucks, tankers and trailers), gallon capacity, license plate number, registered owner's name, and make and model, of each vehicle operated by the liquid wastehauler for the purpose of hauling domestic liquid wastes; 3. Name of the liquid wastehauler's authorized representative; 4. Name and policy number of the liquid wastehauler's insurance carrier and bonding company, if applicable; 5. The number of the current permit issued to the liquid wastehauler by the San Bernardino County Department of Environmental Health for transportation and disposal of liquid wastes; and 6. Such other information as may be required by the Director. Liquid wastehauler permit conditions may include, but are not limited to, the C. following: 1. Liquid wastehauler's obligation to comply with all permit terms and 26 conditions; 2. Liquid wastehauler's obligation to comply with the terms of Chapter 13.32; 3. Liquid wastehauler's obligation to comply with the applicable rules and regulations of the San Bernardino County Health Department regarding cleanliness and sanitary conditions; 4. Restrictions on operating hours for the designated WRP disposal site; 5. The revocation, suspension, or placement on probation of the permit and imposition of other enforcement actions against the liquid wastehauler for violation of the permit terms or conditions, or Chapter 13.32; 6. Liquid wastehauler record keeping and reporting requirements; 7. Liquid wastehauler obligation to notify the Director immediately of any unusual circumstances observed during liquid waste pump'ing operations; and 8. Other conditions, limitations or prohibitions as specified by the Director. D. The Director may deny the issuance of a liquid wastehauler permit for any of the following reasons: 1. The applicant knowingly falsified information on the application or any document required by the application; 2. The applicant's previous liquid wastehauler permit was suspended or otherwise revoked and the condition upon which such action was taken still exists; or 3. The applicant is not current on all disposal and permit related reports and charges. E. In the event a liquid wastehauler permit application is denied, the Director shall notify the applicant in writing of such denial and the appeal procedures. Such notification shall state the grounds for such denial and necessary actions that must be taken by the applicant prior to 27 28 City of San Bernardino Municipal Water Department Page 37 of 54 the issuance of a permit. F. SBMWD issued liquid wastehauler permits shall be valid for a maximum of three years, and the Director may impose additional, or modify or delete permit terms and conditions at any time during the duration of the permit. G. Liquid wastehauler permits are issued for a specific company and/or vehicle and any attempted permit transfer will VOId the permit. 2 3 4 5 13.32.520 PERMIT DURATION 6 Industrial User and liquid wastehauler permits shall be issued for a specified time period, not to exceed three years. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13.32.525 DUTY TO COMPLY All users that have been issued an industrial user or liquid wastehauler permit have a duty to comply with all conditions and limitations in these control documents. Any user failing to comply with the requirements of the permit shall be subject to administrative, civil or criminal enforcement actions in accordance with Chapter 13.32. 13.32.530 PERMIT RENEWAL All industrial users and liquid wastehaulers shall submit a completed permit application, required monitoring information or production reports, and any other information required by the Director for permit renewal a minimum of ninety calendar days prior to the expiration ofthe existing permit. All users shall pay all applicable permit fees after invoicing by the SBMWD. If the Director fails to notify user of the deCIsion to issue or not issue a renewed permit prior to the expiration date of the current permit, the user's timely submission of a completed application and all other required information and reports shall automatically extend the existing permit for up to thirty working days until the actual permit can be issued or denied. Any discharge of industrial wastewater or liquid waste to the POTW with an expired permit shall be a violation of Chapter 13.32 and may subject the user to enforcement action. 13.32.535 PERMIT MODIFICATIONS A. The terms and conditions of the industrial user or liquid wastehauler permit shall be subject to modification during the term of the permit for reasons specified by the Director, including the following: 1. To incorporate any new or revised federal, state, or local pretreatment standards or requirements; 2. To address significant alterations or modifications to the user's operation, processes, or wastewater volume or character since the time of the permit issuance; 3. A change in the POTW that requires either a temporary or permanent reduction or elimination of the permitted discharge; 4. The permitted wastewater discharge poses a threat to the POTW, SBMWD or City personnel, residents, or receiving waters; 5. Violation of any term or condition of the user's fermit; 6. Misrepresentations or failure to fully disclose al relevant facts in the user's permit application or in any required reporting; or 7. To correct typographical or other errors in the user's permit; or 11111 City of San Bernardino Municipal Water Department Page 38 of 54 B. When possible, the SBMWD shall notify the user of any proposed permit changes at least thirty days prior to the effective date of the changes. Any modifications in the permit shall 2 include a reasonable time schedule for compliance. 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 13.32.540 PERMIT TRANSFER Each industrial user and liquid wastehauler permit is issued to a specific user for a specific operation for a specified time. Any assignment, transfer or sale of an industrial user or liquid wastehauler permit to a new owner, new user, different premises, or different use is prohibited and is a violation of Chapter 13.32. 13.32.545 PERMIT SUSPENSION OR REVOCATION The Director may suspend or revoke any industrial user or liquid waste hauler permit if the user is in violation of any provision of Chapter 13.32 or user permit. These violations include but are not limited to: falsification of any required information; denial of the SBMWD right to entry; failure to re-apply for a permit or request a required permit modification; failure to pay required permit fees or charges; or any discharges in violation of Chapter 13.32. The Director may suspend or revoke the industrial user or liquid wastehauler permit upon a minimum notice of fifteen calendar days when the Director finds the user violated any provision of Chapter 13.32 or user permit. The permit suspension or revocation will result in the immediate suspension of all discharge rights and privileges as specified in SBMC Section 13.32.640. All costs associated with the permit suspension or revocation, and any reissuance of the permit, shall be paid by the user. VI. ENFORCEMENT NOTICES 13.32.600 ENFORCEMENT RESPONSE PLAN (ERP) The City shall adopt an Enforcement Response Plan (ERP), as required by 40 CFR 403.8(f)(5), and delegate authority to the Board of Water Commissioners to enforce the ERP. The ERP shall be used to guide the SBMWD in imposing progressive enforcement actions against users in noncompliance with Chapter 13.32. 13.32.605 ADMINISTRATIVE VIOLATIONS There is hereby established a class of violations to be known as Administrative Violations that are further subdivided into minor and major administrative violations as follows: A. Minor Administrative Violations include, but are not limited to, the following: 1. Submission of incomplete reports or questionnaires; 2. Failure to submit required reports or correspondence by the scheduled due date; 3. Failure to submit a compliance report by the due date specified without prior notification to the SBMWD; 4. Failure to conduct required monitoring; 5. Failure to notify the Director of a violation of a permit condition within twenty-four hours after discovery of the violation; or 6. Failure to pay any required fees, penalties and charges within thirty calendar days from the due date. B. Major Administrative Violations include, but are not limited to, the following: 1. Failure to notify the Director of a slug discharge immediately after discovery of said discharge; City of San Bernardino Municipal Water Department Page 39 of 54 2. Failure to submit required reports or correspondence within 30 days after the original due date; 2 3. Failure to submit a compliance report within 30 days after the original due date; 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 4. Falsification of documents or attempting to mislead SBMWD officials; 5. Failure to cooperate with SBMWD officials exercising their authority under Chapter 13.32, including monitoring and inspection activities; 6. A pattern of minor admmistrative violations; 7. Failure to provide the SBMWD with access to the user's premises for the purpose of inspection, monitonng, or sampling; 8. Failure to produce records as required; 9. Failure to accurately report noncompliance; 10. Failure to submit required reports (self-monitoring, one hundred eighty-day baseline monitoring report, ninety-day compliance report, Compliance Schedule progress reports) or submitting such reports more than thirty calendar days late; 11. Failure to pay charges pursuant to SBMC Section 13.32.700, permit application fees, permit renewal fees, and Civil Penalties within sixty calendar days after the due date; or 12. Failure to pay all other required fees, penalties, and charges within sixty calendar days after the due date. C. Upon notice of appropriate mitigating circumstances and consistent with applicable federal and state laws, the Director has sole discretion to treat a major administrative violation as a minor administrative violation, or a pattern of minor administrative violations with aggravating circumstances as an individual major administrative violation. 13.32.610 DISCHARGE VIOLATIONS A. There is hereby established a class of violations to be known as Discharge Violations that are further subdivided into minor and major discharge violations as follows: 1. Minor discharge violations are those that the Director has determined, either alone or in combination with other discharge violations; pose no significant threat to the operation of the WRP, the environment, or the health and safety of the general public or SBMWD and City employees. 2. Major discharge violations include, but are not limited to, the following: a. Violation(s) which result in Significant Noncompliance; b. Discharge violations which, either alone or in combination with other discharge violations; pose a significant threat to the operation of the WRP, the environment, or the health and safety of the general public or SBMWD and City employees, or cause or contribute to additional treatment costs incurred by the SBMWD or a violation of the NPDES permit, or cause or contribute to pass through, interference, or other known damages; c. Discharging regulated pollutants to the POTW without a current discharge permit; d. A p'attern of minor discharge violations; e. FaIlure to correct a minor discharge violation within a specific time period as specified by the Director; f. Tampering with or purposely rendering inaccurate any monitoring device, method or record required to be maintained by the SBMWD or the User; g. Intentional discharge of a prohibited waste by a liquid wastehauler into h. Wastewater discharge without a valid industrial user or liquid wastehauler permit after notification. B. Upon notice of appropriate mitigating circumstances, the Director has sole discretion to treat a major discharge violation as a minor discharge violation. The Director also has sole discretion to treat a pattern of minor discharge violations with aggravating circumstances as an individual major discharge violation. the POTW; or Cit)' of San Bernardino Municipal Water Department Page 40 of 54 13.32.615 LIQUID WASTE HAULER VIOLATIONS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. Upon the Director's determination ofa violation of Chapter 13.32, the liquid wastehauler shall be subject to the enforcement actions set forth in Chapter 13.32, the Enforcement Response Plan, and the liquid wastehauler permit as necessary to protect the WRP, the public, the environment or SBMWD and City employees. B. All liquid wastehauler permits issued to any person may be revoked, suspended or placed on probation up to one year upon a finding by the Director that any of the following facts exist: 1. Such person or representative thereof failed to display any permit or discharge authorization document upon request by an authorized representative of the SBMWD; 2. Such person or representative thereof has changed, altered or otherwise modified the face of a permit or discharge authorization document without the permission of the Director; 3. Such person or representative thereof has violated any condition of the permit; 4. Such person or representative thereof has falsified any application, liqUId waste manifest, record, report, monitoring results, or any other information required to be maintained by the Director, has failed to make them immediately available to the Director upon request, or has withheld required information; 5. Such person or representative thereoffailed to immediately cease the discharge from his or her truck into the designated WRP disposal site upon order of any authorized SBMWD employee; 6. Such person or representative thereof discharged or attempted to discharge hazardous waste into the designated disposal site; 7. Such person or representative thereof discharged or attempted to discharge industrial waste into the designated disposal site; 8. Such person or representative thereof has discharged or attempted to discharge waste to the deSignated WRP disposal site, that has been previously rejected by another regulatory agency, municipality, or entity having authority to grant permission for the disposal of the waste, without prior notification to the Director of the rejected status of the waste; 9. Such person or representative thereof has physically harmed any SBMWD employee; or 10. Such person or representative thereof has made threatening remarks or threatening acts toward any SBMWD employee. C. Any liquid wastehauler permit which has been revoked, suspended or placed on probation pursuant to this Section may be reinstated upon a finding by the Director that the condition which caused the revocation, suspension or probation no longer exists. D. Any authorized SBMWD employee shall have the authority to order the immediate cessation of the discharge from any liquid wastehauler vehicle into the designated WRP disposal site. Such order shall be based on the employee's best professional judgment that said discharge may be in violation of any applicable condition of Chapter 13.32 or may otherwise harm or threaten to harm the operation of the WRP, the environment, SBMWD and City employees, and the general public. 13.32.620 UNCLASSIFIED VIOLATIONS For any violation by any user that is not classified herein, or for the violation of any rule or 25 regulation promulgated hereunder, the Director shall have the discretion to treat such violation as a minor or major violation and to exercise enforcement authority accordingly. In exercising this 26 enforcement authority, the Director shall consider the magnitude of the violation, its duration, and its effect on receiving waters, the POTW, the WRP sludge, the health and safety of SBMWD and 27 City employees, contractors, users, and the general public. The Director shall also evaluate the user's compliance history, good faith, and any other factors the Director deems relevant. 28 ! II II City of San Bernardino Municipal Water Department Page 41 of 54 1 13.32.625 PUBLIC NUISANCE 2 Any user found to be in violation of Chapter 13.32, user permit, or any administrative order issued pursuant to Chapter 13.32 shall be declared a public nuisance and shall be guilty of a 3 misdemeanor. 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 13.32.630 ADMINISTRATIVE ORDERS The Director may require compliance with Chapter 13.32 and any permit or order issued under Chapter 13.32, by issuing Administrative Orders that are enforceable in a court oflaw, or by directly seeking court action. The Director may use Administrative Orders, either individually, sequentially, concurrently, or in any order for one or more violations as appropriate for the circumstances. Administrative Orders include: A. NOTICE OF NONCOMPLIANCE (NNC): A Notice of Noncompliance shall be issued to a user for any initial pollutant violations, any minor violations discovered during an inspection, or the user's permit or SBMC 13.32. The timeframe required for the NNC to be corrected is normally 7-14 days. A copy of the NNC is either submitted to the user at the conclusion of the inspection or mailed to the user with a written receipt of delivery. The NNC shall require the user to correct the violation or submit a written response of the violation(s) and a plan for immediate compliance or actions to comply with the specified violation(s). A compliance time extension or series of time extensions may be granted, at the discretion of the Director, to a user who fails to correct a minor violation required by a NNC, upon a showing of "good faith" by the user. "Good Faith" shall be defined the user's honest intention to remedy noncompliance together with actions that support the intention without the use of enforcement actions by the SBMWD. B. VERBAL NOTICE (VN): A Verbal Notice shall be used to notify a user that required correspondence, monitoring data, or any other type of required report has not been received by the required comrliance date. The VN shall be completed through a phone call, telefax, or personal visit and shal be completed within five days after the original compliance date. All VN issued to an SIU shall be documented with a written memo to the SIU file. C. WARNING NOTICE (WN): A Waming Notice shall be issued to a user when compliance has not been achieved by the original due date specified in the NNC issued to the user. The WN shall be issued within 5 days after the original or extended due date and shall state the provision(s) violated and the facts alleged to constitute the violation. The WN will also inform the user that additional enforcement action, including the issuance of a Notice of Violation and monetary penalties will be issued to the user if compliance is not achieved by the date specified. A WN shall be documented in a written inspection report at the time of the follow up inspection or mailed to the user with a written receipt of delivery. D. NONCOMPLIANCE MONITORING PROGRAM (NMP): A Noncompliance Monitoring Program (NMP) shall be issued to a user when analysis results from consecutive samples indicate violations for the same pollutant. The time frame required for the NMP response is normally 7 to 14 days, in addition to specific due dates for the submittal of all required sample monitoring reports. The NMP requires the user to collect a representative wastewater sample from the designated sample location at a frequency determined by the Director. The samples are to be analyzed for all pollutants which were determined to be in violation of discharge limits. The user shall be responsible for all costs associated with the NMP. Production information, including daily flow meter records shall be submitted for each sample, as required by the Director. The NMP shall be hand delivered or delivered certified mail with a written receipt of delivery. Continued noncompliance may result in escalated enforcement action and additional monitoring requirements as specified by the Director. E. NOTICE OF VIOLATION (NOV): A Notice of Violation shall be issued to a user for any repeat pollutant violations, any violations which result in Significant Noncompliance, or any major violations discovered during an inspection, the user's permit or SBMC 13.32. A Notice of Violation is also issued to a user who has not complied with the requirements contained in a 23 24 25 26 27 28 City of San Bernardino Municipal Water Department Page 42 of 54 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 Notice of Noncompliance, Warning Notice, or Stop Work Order. The timeframe required for the NOV to be corrected is normally 7-14 days. The NOV shall state the provision(s) violated and the facts alleged to constitute the violation, and may include proposed compliance measures or additional monitoring which may be required. The NOV will also inform the user that additional enforcement action, up to and including suspension or termination of sewer service will be issued to the user if compliance is not achieved. The NOV shall require the user to correct the violation or submit a written response of the violation(s) and a plan for immediate compliance or actions to comply with the specified violation(s). Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the NOV. The NOV shall be hand delivered or delivered certified mail with a written receipt of delivery. The NOV shall include a $100 penalty fee. F. STOP WORK ORDER (SWO): A Stop Work Order shall be issued to a user to stop any new construction, tenant improvements, alterations, or additions, when the user has not received all necessary City permits, has initiated work without written approval of the Director, or violations of Chapter 13.32 related to the building activity have been discovered at the site. The SWO requires the user to cease all building activity until the user has achieved compliance with the conditions specified in the SWO and received authorization from the Director to resume building activity. The SWO shall be documented in a written inspection report completed during the onsite inspection. A copy of the SWO is either submitted to the user at the conclusion of the inspection or mailed to the user with a written receipt of delivery. The SWO shall include a $100 penalty fee. G. VIOLATION MEETING ORDER (VMO): A Violation Meeting Order shall be issued to a user who has failed to achieve compliance after the issuance of an NOV, or at the conclusion of an NMP that has resulted in Significant Noncompliance. A VMO is an informal meeting between the user and the Environmental Control Section and is intended for the user to propose possible corrective actions and request time extensions to comply with the NOV. The VMO is also used by the user to demonstrate good faith efforts towards achieving compliance. The VMO may also be used by the City to draft a consent order or compliance order, or for the user to draft a compliance schedule, or file an afpeal. The VMO shall be hand delivered or delivered certified mail with a written receipt 0 delivery. The VMO shall include a $100 penalty fee. H. CEASE AND DESIST ORDER (CDO): A Cease and Desist Order shall be issued to a user who is in violation of an NOV, or Chapter 13.32, industrial user permit, or any order issued under Chapter 13.32, which is determined to pose an immediate threat to the POTW, SBMWD personnel, environment or the public. A CDO may also be issued to a user who is discharging mdustrial wastewater to the POTW without a valid industrial user permit. The CDO may result in the immediate revocation of the user's permit and shall require the user to take such appropriate remedial or preventive action as determined by the Director to gain immediate compliance and eliminate the threat, including halting operations and terminating the discharge to the POTW. The cease and desist order shall include the provision violated and the facts constituting the violation. The CDO shall be hand delivered or delivered certified mail with a written receipt of delivery. The CDO shall include a $250 penalty fee. 1. CONSENT ORDER (CONS): A Consent Order shall be issued to a user after an NOV has failed to achieve compliance with the requirements specified in Chapter 13.32, industrial user permit, or an)' order issued under Chapter 13.32. The CONS is routinely developed as a result of informatIOn collected during the VMO between the SBMWD and a user who has exhibited a willingness to comply. The CONS is a written a~reement developed jointly between the City and the user with individual milestones, specific actIOns submitted by the user, or other remedies used to gain compliance with the violation(s). The CONS shall specify the provisions violated and the facts constituting the violation(s), and shall require adequate treatment facilities, devices. or other pretreatment technology be installed and properly operated by the user to achieve and maintain compliance. No individual milestone, including milestone extensions is permitted to exceed nine months in length. The CONS shall be hand delivered or delivered certified mail with a written receipt of delivery. The user is required to submit written progress reports to the SBMWD every 30 days, as scheduled by the Director, to accurately document the City of San Bernardino Municipal Water Department Page 43 of 54 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 current status of the project and to maintain the required schedule. The CONS shall include a $500 penalty fee. J. COMPLIANCE ORDER (COMP): A Compliance Order shall be issued to a user after an NOV has failed to achieve compliance with the requirements specified in Chapter 13.32, industrial user permit, or any order issued under Chapter 13.32. The COMP is routinely developed as a result of information collected during the VMO between the SBMWD and a user who has exhibited a lack of cooperation and is unwilling to comply. The COMP is used to compel uncooperative users to achieve compliance and shall be developed by the SBMWD with no input from the user. The COMP is a compliance schedule with individual milestones developed by the SBMWD which requires the user to complete specific actions, or other remedies to gain compliance with the violation(s). The COMP shall specify the provisions violated and the facts constituting the violation(s), and shall require adequate treatment facilities, devices, or other pretreatment technology be installed and properly operated by the user to achieve and maintain compliance. No individual milestone, including milestone extensions is permitted to exceed nine months in length. The COMP shall be hand delivered or delivered certified mail with a written receipt of delivery. The user is required to submit written progress reports to the SBMWD every 30 days, as scheduled by the Director, to accurately document the current status of the project and to maintain the required schedule. The COMP shall include a $500 penalty fee. K. SHOW CAUSE ORDER (SHOW): A Show Cause Order shall be issued to a user who is in violation ofSBMC Ordinance 13.32, user permit, or any order issued under Chapter 13.32, and has failed to achieve compliance with previous enforcement actions. The SHOW shall be served on the user specifying the time and place for the hearing; the proposed enforcement action and the reasons for such action, including any alleged violation(s) and the facts constituting the violation. The SHOW allows the user an opportunity to show why Civil and/or Criminal Action should not be brought against the user for failure to comply with previous enforcement actions. The SHOW notice shall be served upon the user personally or by certified mail at least fifteen calendar days prior to the hearing; unless the user requests an earlier date for the hearing. The Director shall permit the alleged violating user to respond to the notice and order, to present evidence and argument on all relevant issues, and to conduct cross-examination of any WItnesses necessary for the full disclosure of the facts. The Director may request the attendance and testimony of witnesses and the production of evidence relevant to any matter, and may seek the issuance of a subpoena from the presiding court for the presence of prospective witnesses. The testimony taken shall be under oath and recorded, with a transcript prepared and provided to any person upon payment of the usual charges for such transcript. Attendees at the Show Cause Hearing may include; a representative from the City Attorney's Office, the SBMWD General Manager, the SBMWD WRP Director, and the SBMWD Environmental Control Officer. Prior to the issuance of a SHOW, representatives from the City and SBMWD shall review the case to determine possible compliance measures. Upon review of the findings of fact, the Director or his designee shall make a final decision which shall be served upon the user. The SBMWD may immediately impose an enforcement action after the hearing whether or not a duly notified user appears as required. The SHOW shall include a $1000 penalty fee. L. PROBATION ORDER (PO): A Probation Order may be issued to any user for any repeat pollutant or Ordinance violations. The PO shall require the user to conduct repeated monitoring, as determined by the Director, submit recurring documentation as required by the Director, or complete any other actions the Director deems necessary to affirm the continued compliance of the user. The PO shall be hand delivered or delivered certified mail with a written receipt of delivery. The PO shall include a $100 penalty fee. M. PERMIT REVOCATION ORDER (PRO): A Permit Revocation Order may be issued to any user who has not complied with the requirements contained in any enforcement action. The permit revocation requires the user to immediately cease the discharge of all wastewater determined by the Director to be in noncompliance. The permit revocation requires the user to demonstrate continued compliance prior to the re-issuance of permit authorizing the continued discharge of the specified wastewater to the sewer system. The PRO shall be hand delivered or delivered certified mail with a written receipt of delivery. The PRO shall include a $100 penalty fee and the user shall be responsible for all costs associated with the re-issuance of the permit. 26 27 28 City of San Bernardino Municipal Water Department Page 44 of 54 13.32.635 SEWER SUSPENSION ORDER (SUSP) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A Sewer Suspension Order may be issued to any user who has either willfully or negligently violated the requirements contained in a Permit Revocation Order, failed to comply with the requirements of a CONS or COMP, or whose actual or impending discharge to the POTW presents or may present an imminent endangerment to the health and welfare of persons or to the environment, may pass through or cause interference with the operations of any part of the POTW, is in violation of Chapter 13.32 or the user's permit, or may cause the SBMWD to violate its NPDES permit or any other federal or state law or regulation. The SUSP shall be hand delivered or delivered certified mail with a written receipt of delivery. Any user issued a SUSP shall immediately cease the dischar~e of all wastewater to the POTW, as specified by the Director. The SUSP will result in the immedIate revocation of the users permit. Noncompliance with the conditions of the SUSP may result in the immediate termination of sewer service as specified in SBMC Section 13.32.640. As soon as reasonably practicable but in no event more than five (5) business days following the issuance of the SUSP, the General Manager shall schedule a hearing to provide the user with an opportunity to present information which states the reasons the SUSP should not be executed. The scheduled hearing shall not delay or prevent the effects ofthe SUSP. The hearing shall be conducted in accordance with procedures established by the Board. Within five (5) business days following the hearing, the General Manager shall issue a written decision to the user regarding the status of the SUSP. The General Manager may allow the user to resume sewer service or wastehauler discharge service if the user demonstrates continued compliance with all discharge and Ordinance requirements. The user shall be responsible for all costs associated with the issuance of the SUSP. The SUSP shall include a $500 penalty fee and the user shall be responsible for all costs associated with the SUSP and re-issuance of the permit. 13.32.640 SEWER TERMINATION ORDER (TERM) 24 A Sewer Termination Order may be issued to any user who has either willfully or negligently violated the requirements contained in a Sewer Suspension Order, failed to comply with the requirements of a CONS or COMP, or whose actual or impending discharge to the POTW presents or may present an imminent endangerment to the health and welfare of persons or to the environment, may pass through or cause interference with the operations of any part of the POTW, is in violation of Chapter 13.32 or the user's permit, or may cause the SBMWD to violate its NPDES permit or any other federal or state law or regulation. The TERM shall be hand delivered or delivered certified mail with a written receipt of delivery. The TERM will result in the immediate revocation of the user's permit and the immediate severance of the user's sewer connection and/or the termination of water service. As soon as reasonably practicable but in no event more than five (5) business days following the issuance of the TERM, the General Manager shall schedule a hearing to provide the user with an opportunity to present information which states the reasons the TERM should not be executed. The scheduled hearing shall not delay or prevent the effects of the TERM. The hearing shall be conducted in accordance with procedures established by the Board. Within five (5) business days following the hearing, the General Manager shall issue a written decision to the user regarding the status of the TERM. The General Manager may allow the user to reconnect to the sewer and/or resume water service if the user demonstrates continued compliance with all discharge and Ordinance requirements. The TERM shall include a $1000 penalty fee and the user shall be responsible for all costs associated with the TERM, including the termination and reconnection of sewer and/or water service, and re-issuance of the permit. 25 26 13.32.645 CIVIL PENAL TIES (CIV) 27 A Civil Penalty may be issued to any user in violation of the user's permit, any provision of 28 SBMC 13.32, administrative order, or has failed to comply with the requirements or conditions specified in previous enforcement action. The CIV shall be issued by the City Attorney and shall City of San Bernardino Municipal Water Department Page 45 of 54 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 include all penalties authorized in this Section. The user shall be responsible for all costs associated with the violation(s); including: reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including, but not limited to, sampling, monitoring, laboratory costs, and inspection expenses. A. AUTHORITY: All users of the POTW are subject to enforcement actions administratively or judicially by the City, United States Environmental Protection Agency, State of California Regional Water Quality Board, or the County of San Bernardino District Attorney. The actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (I) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A. Section 1251 et seq.); (2) California Porter Cologne Water Quality Control Act (California Water Code Section 13000 et seq.); (3) California Hazardous Waste Control Law (California Health & Safety Code Sections 25100 to 25250); (4) Resource Conversation and Recovery Act of 1976 (42 U.S.C.A. Section 6901 et seq.); and (5) California Government Code, Sections 54739 -54740. B. RECOVERY OF FINES OR PENALTIES: In the event the City is required to pay fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulatIOn or its permits, and the violation can be attributed to the discharge of the user in violation of any provision of Chapter 13.32, the user's permit, any prohibition, effluent limit, or an administrative order issued pursuant to Chapter 13.32; the City shall be entitled to recover all costs and expenses, including, but not limited to, the full amount of said fines or penalties from the user. C. ORDINANCE: Pursuant to the Authority of California Government Code Sections 54739-54740, any person who violates any provision of Chapter 13.32; the user's permit, any prohibition, effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., any person who violates any provision of Chapter 13.32, the user's permit, or effluent limit shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. The City Attorney, at the request of the General Manager may petition a court of competent jurisdiction to impose, assess and recover all costs pursuant to federal and/or state legislative authorization. D. ADMINISTRATIVE CIVIL PENALTIES: 1. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the City may issue an administrative complaint to any person who violates: a. any provision of Chapter 13.32; b. any permit condition, prohibition, or effluent limit; or c. any suspension or revocation order. 2. The administrative complaint shall be served by personal delivery or certified mail and shall inform the user that a hearing will be conducted, and shall specify a hearing date within sixty (60) days following service. The administrative complaint will allege the act or failure to act that constitutes the violation of the City's requirements, the provisions oflaw authorizing civil liability to be imposed, and the proposed civil penalty. The matter shall be heard by the General Manager. The user to whom the administrative complaint has been issued may waive the right to a hearing, in which case the hearing will not be conducted. 3. At the hearing, the user 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 General Manager and approved by the counsel for the City. 4. After the conclusion of the hearing, the General Manager shall prepare a written report which includes a statement of the facts found to be true, a determination of the issues presented, and conclusions. If the General Manager's designee conducts the hearing, the designee shall prepare and submit the written report to the General Manager. 5. Upon preparation of the written report, the General Manager shall make his determination, and should he find that the grounds exist for assessment of a civil penalty against the user. he shall issue his decision and order in writing within thirty calendar days after the conclusion of the hearing. 24 25 26 27 28 Cit~ of San Bernardino Municipal Water Department Page 46 of 54 6. If after the hearing or appeal, if any, it is found that the user has violated reporting or discharge requirements, the General Manager or Board may assess a civil penalty against that user. In determining the amount ofthe civil penalty, the General Manager or Board may consider all relevant circumstances, including 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 occurred, and any corrective action attempted by the user. 7. Civil penalties may be assessed as follows: a. In an amount which shall not exceed two thousand dollars ($2000.00) for each day for failing or refusing to furnish technical or monitoring reports; b. In an amount which shall not exceed three thousand dollars ($3000.00) for each day for failing or refusing to timely comply with any compliance schedules established by the SBMWD; c. In an amount which shall not exceed five thousand dollars ($5000.00) for each day of discharge in violation of any waste discharge limit, permit condition, or requirement issued, reissued, or adopted by the SBMWD; 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 SBMWD. 8. In determining the amount of such penalties, damages and costs, all relevant circumstances, including but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through a user's violation, corrective actions by a user, the compliance history ofthe user, good faith efforts to restore compliance, threat to human health, to the environment and to the POTW. 9. An order assessing administrative civil penalties issued by the SBMWD shall be final in all respects on the thirty-first (31 5t) day after it is delivered to the user unless a notice ot appeal is filed With the Board pursuant to SBMC Section 13.32.675 no later than the thirtieth (30t ) day following delivery of the notice. An order assessing administrative penalties issued by the Board shall be final. 10. Copies of the administrative order shall be either hand delivered or by certified mail to the user served with the administrative complaint. II. Payment of the administrative civil penalties shall be made within thirty (30) days of the date the administrative order becomes final. A lien shall be placed against the users real property for any outstanding penalties which remain delinquent sixty (60) days. The lien shall not be in effect until recorded with the county recorder. The SBMWD may record the lien for any unpaid administrative civil penalties on the ninety-first (91 5t) day following the date the administrative order becomes final. 12. No administrative civil penalties shall be recoverable under SBMC Section 13.32.645 (D) for any violation which the City has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 13.32.650 CRIMINAL PENAL TIES (CRlM) 23 A Criminal Penalty may be issued to any user in violation of the user's permit, SBMC 13.32, or an enforcement action issued by the Director or has failed to comply with the requirements or 24 conditions specified in previous enforcement action. A Criminal Penalty may also be issued to any user that willfully or knowingly makes any false statements, representations, or certifications 25 in any application, record, report, plan or other document filed or required to be maintained pursuant to Chapter 13.32 or the user's permit, or which falsifies, tampers with, or knowingly 26 renders inaccurate any monitoring device or method required under Chapter 13.32. The CRIM shall be issued by the City Attorney or County District Attorney and shall include all penalties 27 authorized in this Section. The penalties shall be consistent with the Federal Clean Water Act, 33 U.S.c. 1251, and any relevant State laws. The user shall, upon conviction, be guilty ofa 28 misdemeanor, punishable by a fine not to exceed one thousand dollars or imprisonment for not more than six months, or both, per violation per day. This penalty shall be consistent with the Federal Clean Water Act, 33 U.S.c. 1251, et seq. and amendments thereto, and shall apply to the City of San Bernardino Municipal Water Department Page 47 of 54 exclusion of any other more lenient provision of Chapter 13.32. A user shall be guilty of a separate violation for each day a violation of any provision of Chapter 13.32 or user's permit is 2 committed or continued by such user. 3 4 5 6 7 8 13.32.655 REMEDIES NONEXCLUSIVE The enforcement actions for Chapter 13.32 are not exclusive. The General Manager may take any, all, or any combination of the enforcement responses against a user who is determined to be in noncompliance with conditions and requirements specified in Chapter 13.32, user's permit, or discharge limits. 13.32.660 DAMAGE TO POTW OPERATION A. Any user who discharges any wastewater which causes or contributes to any 9 obstruction, interference, damage, or any other impairment to the operation of the POTW shall be liable for all costs required to resume normal operations of the POTW. lOB. Any user who discharges any wastewater which causes or contributes to the SBMWD violating any limitation, condition or requirement of its NPDES permit or any other discharge 11 requirement established by any regulatory agency which incurs additional expenses, losses or damage to the POTW, shall be liable for any fines, penalties, fees or assessments imposed on the 12 SBMWD by other regulatory agencies or the courts. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13.32.665 LEGAL ACTION If any user violates or has the reasonable potential to violate any provision of its Wastewater Discharge Permit, this Chapter, Federal or State Pretreatment Standards or Requirements, or any administrative order issued pursuant to this Chapter, the City Attorney may petition a court of competent jurisdiction for appropriate legal, equitable or injunctive relief including, but not limited to, issuance of a temporary restraining order, preliminary mjunction, permanent injunction, and/or any other relief that may be appropriate to restrain the continued violation or prevent threatened violations by the User. In addition to the penalties provided herein, the Director may recover reasonable attorney fees, court costs, court reporter's fees, and other expenses of litigation by appropriate suit of law against the Person found to have violated any of the provisions of this Chapter or the orders, rules, regulations, and Permits issued thereunder. 13.32.670 WRITTEN APPEALS A. Any user affected by and dissatisfied with any decision, order, or enforcement action, made by the Director interpreting or implementing the provisions of Chapter 13.32 or user's permit, may file with the Director a written appeal requesting reconsideration of such decision, order or enforcement action within ten calendar days from the receipt of the notice of such decision, order or enforcement action. The user shall state in detail the facts supporting the user's request for reconsideration. The Director shall render a ruling on the request for reconsideration to the user in writing within thirty calendar days from receipt of the appeal. Submission of such a request in no way relieves the user of liability for any violations occurring before or after receipt of decision, order, or enforcement action, nor stays the requirements of achieving or maintaining compliance. B. Any user affected by and dissatisfied with any decision, order, or enforcement action, made by the Director interpreting or implementing the provisions of Chapter 13.32 or user's permit, may file with the General Manager a written appeal requesting reconsideration of such decision, order or enforcement action within ten calendar days from the receipt of the notice of such decision, order or enforcement action. The user shall state in detail the facts supporting the user's request for reconsideration. The General Manager shall render a ruling on the request for City of San Bernardino Municipal Water Department Page 48 of 54 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 reconsideration to the user in writing within thirty calendar days from receipt of the appeal. Submission of such a request in no way relieves the user of liability for any violations occurring before or after receipt of decision, order, or enforcement action, nor stays the requirements of achieving or maintaining compliance. C. If the ruling on the request for reconsideration made by the General Manager is unsatisfactory, the user may, within ten calendar days after receipt of notice of the General Manager's ruling, file a written appeal with the Board, lodging such appeal with the SBMWD along with an appeals fee of one hundred dollars. All requests for a hearing on appeals concerning an award of civil penalties, or orders of permit suspension, revocation, or denial shall be reviewed by the Board. All other hearing requests shall be at the sole discretion of the Board. The written appeal shall result in a hearing, after notice to the affected parties, for a complete review of the decision, order, or enforcement action. The hearing shall be conducted withm sixty calendar days of the written request. The hearing may be recorded or transcribed and the testimony may be required to be given under oath. The Board shall make a ruling on the appeal within sixty calendar days from the date of filing and shall contain the findings of facts regarding the order. D. The SBMWD shall have the burden of proof during these hearings and shall be responsible to submit a preponderance of evidence for all claims. The appellant may submit written evidence during the hearing to support the claims of the appellant. Formal rules of evidence shall not apply in the hearings under this Chapter. Evidence will be admissible it is relevant and of the sort on which responsible persons are accustomed to rely in conduct of serious affairs. The SBMWD reserves the right to adopt additional procedural guidelines governing the conduct of the hearings. E. The ruling of the Board shall be deemed a final decision, order or action by the SBMWD which any person adversely affected by such decision, order or action may appeal to the appropriate court in the County of San Bernardino. No person may obtain judicial review of any decision, order, or enforcement action by the SBMWD under Chapter 13.32 without first having exhausted his or her administrative remedies set forth in this Section. 13.32.675 JUDICIAL REVIEW A. PURPOSE AND EFFECT: Pursuant to Section 1094.6 of the California Code of Civil Procedure, the City hereby enacts this Section to limit to ninety (90) days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus. B. DEFINITIONS: As used in this Section, the following terms and words shall have the following meanings: I. Decision shall mean and include adjudicatory administrative decisions that are made after hearing, and after an award of civil penalties pursuant to Section 13.32.645(D), after revoking, suspending, or denying an application for a Permit or a license, or after other administrative hearings taken to enforce this Chapter. 2. 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 m the possession of the City or its officers or agents, all written evidence, and any other papers in the case. C. TIME LIMIT: Except as set forth in Section 13.32.675(G), judicial review of any decision of the City or its officer or agent may be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed not later than the ninetieth (90th) day following the date on which the decision becomes final. If there is no provision for reconsideration in the procedures governing the proceedings or if the date is not otherwise specified, the decision is final on the date it is made. If there is a provision for reconsideration, the decision is final upon the expiration of the period during which such reconsideration can be sought; provided that if reconsideration is sought by the aggrieved party pursuant to such provision, the decision is final for the purposes of this Section on the date that reconsideration is acted upon by the Board, or officer or agent, and written notice thereof is provided. City of San Bernardino Municipal Water Department Page 49 of 54 D. PREP ARA TION OF THE RECORD: The complete record of the proceedings shall be prepared by the City officer or agent who made the decision and shall be delivered to the petitioner within ninety (90) days after he has filed written request therefore. The City may recover from the petitioner its actual costs for transcribing and otherwise preparing the record. E. EXTENSION: If the petitioner files a request for the record within ten (10) days after the date the decision becomes final, the time within which a petition, pursuant to Section 1094.5 of the Code of Civil Procedure, may be filed shall be extended to not later than the thirtieth (30th) day following the date on which the record is either personally delivered or mailed to the petitioner or the petitioner's attorney of record, if appropriate. F. NOTICE: In making a final decision, the City shall provide notice to the Person(s) subject to the administrative decision that the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure. G. ADMINISTRATIVE CIVIL PENALTIES: Notwithstanding the foregoing in Section 13.32.675, and pursuant to Government Code Section 54740.6, judicial review of an order imposing administrative civil penalties pursuant to Section 13.32.645(D) may be made only if the petitIOn for writ of mandate is filed not later than the thirtieth (30th) day following the day on which the order of the Board becomes final. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 13.32.705 RECOVERY OF COSTS 13.32.680 JUDICIAL COLLECTION After an enforcement order requiring a monetary assessment has become final, or after a court has entered a final judgment in favor of the City, the General Manager, through the City Attorney, may initiate a civil action, in the appropriate court to recover such amount. Any user who fails to pay the amount of the assessment, by the due date established, shall be required to pay to the City, in addition to the original assessment, all costs associated with recovery of the assessment. These costs may include; City attorney fees and costs, court filing fees, and process service fees for collection of the assessment. VII. CONNECTION CHARGES AND FEES 13.32.700 ESTABLISHMENT OF CHARGES AND FEES The SBMWD is authorized to establish user charges and fees for the equitable distribution of all costs of financing, maintaining, and operating the POTW and developing the necessary reserve funds to ensure the future operation of the POTW. These charges and fees are in accordance with good engineering and fiscal practices and comply with all applicable governmental regulations regarding the operation ofthe POTW. These fees and charges relate exclusively to matters covered by this Chapter, and related Resolutions adopted by the Board, and are separate from all other fees and charges imposed by the SBMWD. The amount of these charges and fees and method of implementation shall be established by resolution of the Board. 24 In the event a user fails to comply with any of the terms and conditions of this Chapter, an administrative order, compliance schedule or a permit issued hereunder, the City shall be entitled 25 to reasonable attorney fees and costs which may be incurred in order to enforce any of the terms and conditions, with or without filing proceedings in court. 26 27 28 13.32.710 CONNECTION REQUIREMENTS A. The owner of any property used for human occupancy, employment, recreation, or other purposes situated within the SBMWD service area may be required to connect the property directly to the City sewerage system. The property owner may petition the Mayor and Common City of San Bernardino Municipal Water Department Page 50 of 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Council under SBMC 13.08.080 for reimbursement of the costs for the portion of the sewer line extension over three hundred (300) feet from the point of connection with the City sewerage system to the owners property line. B. The City may waive or modify the sewerage system connection requirements where one or more of the followmg conditions exist: 1. The proposed single family residential development will be constructed on property larger than one-half acre, or the proposed commercial/industrial development will generate less than 200 gallons of domestic sewage per day (based on fifteen (15) gallons of sewage per day per employee); there is a natural obstruction that prevents the property from being connected to the City sewerage system. 2. The proposed residential development offour (4) units or less is an infill project, where structures exist on at least 75% of the block and none of the properties are connected to the City sewerage system. 3. The proposed development is an expansion, is less than 25% in area of the existing structure, and does not exceed one thousand (1000) square feet. 4. The proposed development will not generate any sewage. C. A waiver to connect to the City sewerage system shall not be construed as approval for the installation of a septic tank. Permits for construction of septic tanks shall be subject to the City Building Department environmental review and approval process. All waivers shall be considered temporary. Connection to the City sewerage system will be required within one hundred twenty (120) days when the City sewerage system is constructed less than three hundred (300) feet from the owners property line. The sewer connection waiver requires the property owner to waive all future property rights protesting the formation of a sewer assessment district which encompasses the property. An administrative fee of five hundred dollars ($500) is required for all requests to waive the sewer connection requirements. D. A connection permit is required before any person is authorized to connect and discharge any wastewater to the City sewage system. The connection permit authorizes the person to physically connect the property to the City sewerage system. The connection permit is separate and distinct from the Industnal User discharge permit required which is required of Class I-V users. E. Connection permits shall be issued by the City Building Department in accordance with applicable regulations which describe the permit conditions, required construction specifications, and the corresponding fees for the connection permit. F. Each property shall be connected to the City sewerage system through a separate connection; unless the General Manager determines that a single connection will adequately protect the interests of the City. Individual connection permits are required for each separate connection. G. The property owner is required to seal all sewer connections upon abandonment of the property to prevent wastewater flow to the City sewerage system. 13.32.715 CONSTRUCTION OF PUBLIC SEWER EXTENSION A. Any extension of the public sewer system by a user shall be approved by the City and 23 constructed in accordance with all applicable Ordinances, regulations and Building codes. The costs of any sewer extension shall be the responsibility of the user requesting the extension and the 24 users benefiting from the sewer extension. B. The City shall enter into an agreement with any user completing an extension of the 25 public sewer system for the repayment of all costs of the extension not owned or controlled by the user. The agreement shall be made pursuant to the requirements of the City and shall be approved 26 by the Mayor and Common Council. 27 28 13.32.720 SEWER SERVICE CHARGES A. All single family residential dwelling units shall be charged a fixed monthly fee for each individual dwelling unit. The residential sewer charge shall be established by resolution of City of San Bernardino Municipal Water Department Page 51 of 54 the Board. The sewer fees shall be sufficient to cover the share of sewerage costs attributed to the residential class of users. The costs shall include all costs associated with financing, maintaining, and operating the sewerage system and developing the necessary reserve funds to ensure future development and operation of the system. B. Multi-family residential units, commercial users, and other designated users shall be charged on the basis of total water consumption during a comparable water billing cycle. Commercial users shall be placed in the appropriate sewer class based on the primary operations conducted for proper billing. The rate for each class of users shall be established by resolution of the Board. The sewer fees shall be sufficient to cover the share of sewerage costs attributed to this class of users. The costs shall include all costs associated with financing, maintaining, and operating the sewerage system and developing the necessary reserve funds to ensure future development and operation of the system. C. All users that discharge wastewater to the POTW that contains an average of more than 300 mg/L of BOD or TSS or any users that dischar~e large volumes of wastewater, as determined by the Director, shall be designated "industrial rate users" and shall pay monthly sewer service fees based on the industrial rate established by resolution of the Board. Unless otherwise approved by the Director, all Industrial Rate monitOring shall consist of individual twenty-four (24) hour composite samples collected over three consecutive production days during the first month of the quarterly monitoring cycle, or as otherwise approved by the Director. The sample analysis are averaged together to determine the BOD and TSS for each billing cycle. Monthly flow discharge rates are used to calculate the amount of BOD and TSS discharged to the POTW each month. All self monitoring completed for Industrial Rate billing must be approved by the Director and will be averaged with the data collected from SBMWD monitoring for the months remaining in the quarterly monitoring cycle. The industrial sewer rates shall be based upon total volume of wastewater discharged and the SBMWD costs for providing services and treatment for the pounds of BOD, and TSS discharged. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 13.32.725 PERMIT CHARGES AND FEES 16 All users shall be required to pay a permit fee based on the designated class of permit issued to the user. The permit fee shall include charges for the issuance of the user's permit and the costs 17 for routine inspections and monitoring as established by resolution of the Board for the specific class of user. 18 19 20 21 22 23 13.32.735 PAYMENT OF CHARGES AND FEES 13.32.730 MONITORING AND INSPECTION CHARGES AND FEES All users shall be charged additional monitoring and/or inspection fees, as established by resolution of the Board, for all supplemental activities completed by the SBMWD which are necessary to verify compliance with previously issued violations of Chapter 13.32, user's permit, applicable discharge limits, or any other related proceedings completed by the SBMWD. 24 A. The charges for any user shall be collected with the charges and rates for water service furnished to the user by the City or other public water purveying agency. The charges 25 shall be included on the same bill prepared for charges for water service and shall be due and payable monthly at the same time that such charges for services are due and payable. The total 26 amount due for the charges shall be paid as a unit. B. In the event any user fails to pay any charge when the charge becomes due, the City 27 may, in addition to any other remedies it may have, shut off water service or any of the services and facilities referred to in this Chapter after giving the user a five-day notice thereof. Service shall 28 not resume until all delinquent charges, together with any charges necessitated by resumption of such services have been paid in full. City of San Bernardino Municipal Water Department Page 52 of 54 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C. In the event the City or any other public water purveying agency does not furnish water service to the user, then the charges for such user shall be due and payable monthly on the first day of each and every month or bimonthly as necessitated by other billing periods, and shall be paid by the occupant, owner or Person in charge of such user. It shall be the duty of the SBMWD to prepare and send (or have another billing agency prepare and/or send) separate monthly bills for all charges for such user. D. It shall be the duty of the SBMWD to collect all charges provided herein. E. All funds and monies received from the collection of sewer service charges as herein established shall be deposited with the City Treasurer for deposit in the sewer fund. F. The charges established by and pursuant to this Chapter shall not be imposed where a building, structure, trailer or park space or other occupancy specified by Resolution of the Board is being newly constructed or placed on vacant property and served by SBMWD water until such time as the building, structure or park space is first occupied. Thereafter, charges shall be imposed on a regular basis in accordance with the terms and conditions of this Chapter and resolutions or ordinances, as appropriate, ado{lted or enacted pursuant thereto and shall be placed on the billing for water following the date ofmitial occupancy. G. The owner of any rental property shall promptly advise the SBMWD of the date of the first occupancy of the premises. 13.32.740 SEWER USE DEPOSIT REQUIREMENTS A. COMPLIANCE DEPOSIT: The SBMWD may require a user that has been subject to enforcement and/or collection proceedings to submit a compliance deposit to the SBMWD in an amount determined necessary by the Director to guarantee payment of all future charges, fees, penalties, costs and expenses that may be incurred, before continued sewer service is provided by the SBMWD. B. DELINQUENT ACCOUNTS: The SBMWD may elect to amend the permit of any user who fails to make payment in full of all charges and fees assessed by the SBMWD or otherwise incurred by the user. C. BANKRUPTCY: Every user filing any legal action in any court of competent jurisdiction, includin~ the United States Bankruptcy Court, for purposes of discharging its financial debts or oblIgations or seeking court ordered protection from its creditors, shall, within ten days of filing such action, apply for and obtain the Issuance of an amendment to its permit. D. SECURITY DEPOSIT: The SBMWD may require a user who has been suspended or revoked sewer service to submit a security deposit to the SBMWD in an amount equal to the average total fees and charges for two (2) calendar quarters during the preceding year. The deposit shall be used to guarantee payment of all future fees and charges incurred for sewer service provided by the SBMWD. E. SECURITY DEPOSIT RETURN: The SBMWD will either return the security deposit or credit the account of a user provided the user remits all required payments in full over a continuous two year period. VIII. ORDINANCE ADOPTION 13.32.800 EFFECTIVE DATE - ANNEXATIONS Any discharges from Premises in areas not presently being served which are annexed to the 26 City subsequent to the enactment of this Chapter shall be considered new discharges. Wherever in this Ordinance time limits are established or periods of compliance or extensions thereof are 27 specified, the commencement date for computing such periods of time limits for areas annexed to the City of San Bernardino subsequent to December 15, 1977 shall be the official annexation date. 28 This Section shall have no application to firms or industries established in annexed areas subsequent to the annexation date. City of San Bernardino Municipal Water Department Page 53 of 54 AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWAlER FACILITIES; TO REVISE 2 INDUSTRIAL LIMITS FOR DISCHARGE INTO THE SEWER SYSTEM, TO REQUIRE COMPLIANCE WITII FEDERAL AND STATE WASTEWATER STANDARDS, TO REVISE PENALTIES FOR VIOLATION OF 3 DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS 4 13.32.805 EFFECTIVE DATE OF ORDINANCE 5 This Ordinance shall become effective in the City of San Bernardino and portions of San Bernardino County served by the POTW thirty days after adoption. 6 7 8 13.32.810 ORDINANCE CONFLICTS All ordinances or portions of ordinances in conflict herewith are hereby repealed. 9 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Common Council of the City of San Bernardino at a meeting thereof, held on the , 2006, by the following vote, to wit: day of ABSTAIN ABSENT NAYS AYES COUNCIL MEMBERS ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK Rachel Clark, City Clerk day of ,2006. The foregoing Ordinance is hereby approved this Judith Valles, Mayor City of San Bernardmo Approved as to form and legal content: 27 JAMES F. PENMAN 28 ~:YAtto~ /L~ City of San Bernardino Municipal Water Department Page 54 of 54 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING AN ENFORCEMENT RESPONSE PLAN ESTABLlSIDNG 3 APPROPRIATE RESPONSES AND PENALTIES TO NON-COMPLIANT USERS WHO DISCHARGE NON-DOMESTIC W ASTEW ATER TO THE SAN BERNARDINO WATER 4 RECLAMATION PLANT. 5 WHEREAS, the United States Environmental Protection Agency (EP A) has established the 6 Industrial Wastewater Pretreatment Program through the Clean Water Act (33 U.S.C. 1251 et seq.); 7 and 8 WHEREAS, Publicly Owned Treatment Works (POTW) are required to develop and 9 implement an Industrial Waste Pretreatment Program in compliance with Federal laws and regulations, 10 as required in 40 CFR 403.8; and 11 WHEREAS, Federal law codified in 40 CFR 403.8(f)(5) requires the POTW to develop and 12 implement an Enforcement Response Plan indicating how a POTW will investigate and respond to 13 instances of industrial user non-compliance; and 14 WHEREAS, the Enforcement Response Plan includes progressive enforcement actions and 15 penalties to be levied against non-compliant industrial users; and 16 WHEREAS, the POTW does not currently have an approved Enforcement Response Plan; and 17 WHEREAS, the proposed Enforcement Response Plan meets all requirements codified in 40 18 CFR 403.8(f)(5)(i-iv); and 19 WHEREAS, a public hearing was conducted in accordance with the State of California 20 Government Code Section 66016 on February 6,2006; 21 NOW THEREFORE BE IT RESOLVED by the Mayor and Common Council of the City of 22 San Bernardino as follows: 23 SECTION 1. Pursuant to the Federal requirements codified in 40 CFR 403.8(f)(5), the Mayor 24 and Common Council of the City of San Bernardino does hereby approve and adopt the Enforcement 2S Response Plan, a copy of which is attached hereto, marked exhibit "A" and made a part hereof as fully 26 as though set forth at length herein. 27 SECTION 2. This resolution shall become effective upon adoption of Chapter 13.32. 28 II II / February 6, 2006 ND. J-5B Cl)G}D0 Page 1 0[2 A RESOLUTION OF TIIE MAYOR AND COMMON COUNCIL OF TIIE CITY OF SAN BERNARDINO AOOPTING AN ENFORCEMENT RESPONSE PLAN ESTABLISHING APPROPRIATE RESPONSES AND PENAL TIES TO NON-COMPLIANT USERS WHO DISCHARGE NON-DOMESTIC WASTEWATER TO TIIE SAN BERNARDINO WATER RECLAMATION PLANT. 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 2 Common Council of the City of San Bernardino at a meeting thereof held on the 3 _day of , 2006, by the fonowing vote, to wit: 4 COUNCIL MEMBERS AYES NAYS ABSENT ABST AIN 5 ESTRADA 6 LONGVILLE 7 MCGINNIS 8 DERRY 9 KELLEY 10 JOHNSON 11 MCCAMMACK 12 13 14 15 16 Rachel Clark, City Clerk day of The foregoing resolution is hereby approved this 17 2006. 18 19 20 21 Judith Valles, Mayor City of San Bernardmo Approved as to form and legal content: 22 23 24 25 26 27 28 JAMES F. PENMAN City Attorney BylJ~!1~ February 6, 2006 Page 2 0[2 EXHI BIT 2 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT ENVIRONMENTAL CONTROL SECTION . ."," . ." ~ ..... . , ~ D~., ENFORCEMENT RESPONSE PLAN Date: TABLE OF CONTENTS I. INTRODU CTION............................................................................................... 2 II. DEFINITIONS........ ........................................... .................................................. 3 III ENFORCEMENT PROCEDURES.............................................................. 8 1. ENFORCEMENT RESPONSES....................................................... 8 2. D ETERMINING FACTORS ..............................................................19 3. ENFORCEMENT VIOLATION GUIDE....................................... 20 Environmental Response Plan Page 1 of 23 I. INTRODUCTION On July 24, 1990 (55 Fed. Reg. 30082), the Environmental Protection Agency (EP A) promulgated regulations in 40CFR 403.8(t)(5) which require all Publicly Owned Treatment Works (POTWs) to adopt an Enforcement Response Plan (ERP) as part of their approved pretreatment program. The ERP is required to include the necessary procedures to promptly and objectively identify, document, track, and respond to all violations of Federal, State and Local pretreatment regulations. The regulations specified in 40CFR 403.8(0(5) specifically require the POTW to develop and implement an enforcement response plan. This plan is required to contain procedures indicating how a POTW will investigate and respond to instances of industrial user noncompliance. The plan shall, at a minimum, include methods to: 1. Describe how the POTW will investigate instances of noncompliance; 2. Describe the types of escalating enforcement responses the POTW will take in response to all anticipated types of industrial user violations and the time periods within which responses will take place; 3. Identify (by title) the official(s) responsible for each type of response; 4. Adequately reflect the POTWs primary responsibility to enforce all applicable pretreatment requirements and standards, as detailed in 40CFR 403.8(t)(1) and (f)(2). The City of San Bernardino Municipal Water Department (SBMWD) pretreatment program is administered by the Environmental Control Section (EC Section). The EC Section is responsible for the development and implementation of the required ERP. The EC Section is granted legal authority under 40CFR 403, SBMWD National Pollutant Discharge Elimination System (NPDES) permit (No. CA0105392), Chapter 13.32 of San Bernardino Municipal Code (SBMC) and accompanying resolutions to enforce the requirements specified in the ERP. All enforcement actions are progressive in nature and will escalate commensurate with the violation and response from the industrial user (IV). The ERP is to be used as a reference to assist the EC Section with the appropriate level of enforcement response for similar violations. The ERP is not designed to be all inclusive and as such does not include every possible violation or corrective action(s) for the included violations. The purpose of the ERP in general, is to be flexible while being consistent in the implementation of the enforcement measures issued to noncompliant users. The EC Section reserves the right to initiate enforcement action at any level deemed necessary to protect the operation of the POTW, the safety of the SBMWD employees and to expedite compliance from the user. Assistance in the preparation of major violation enforcement responses is provided by the City of San Bernardino Attorney and/or the San Bernardino County District Attorney's Office. Environmental Response Plan Page 2 of 23 II. DEFINITIONS Unless otherwise defined herein, definitions oftenns related to the Pretreatment Program, Industrial User Permits and this Enforcement Response Plan shall be those set forth in SBMC Chapter 13.32 regulating the discharge of wastes into the sewer system of the City of San Bernardino. 1. Administrative Order (AO) means an enforcement action authorized by SBMC Section 13.32.635, which directs industrial users to undertake corrective actions or cease specified activities to correct violations. 2. Categorical Industrial User shall mean all industrial users subject to National Categorical Pretreatment Standards promulgated by the EP A in accordance with Sections 307 (b) and (c) of the Clean Water Act (33 U.S.c. Sec. 1317 et seq.) and amendments thereto, and as listed by the EPA under the appropriate subpart of 40CFR Chapter I, Subchapter N, and amendments thereto. 3. Chapter 13.32 shall mean Chapter 13.32 of the SBMC as it currently exists and as hereafter amended. 4. City shall mean the City of San Bernardino, acting through the elected officials and authorized representatives. 5. Code of Federal Regulations (CFR) shall mean the codification of the general and permanent rules published in the United States Federal Register by the Executive departments and agencies of the Federal Government, including the Environmental Protection Agency. 6. Collection System shall mean all pipes, sewers and conveyance systems carrying wastewater to the Water Reclamation Plant (WRP), owned and maintained by the City and/or by tributary Service Areas contracting with the City for sewer service, excluding sewer service lateral line connections. 7. Compliance Order shall mean a time schedule issued to an IV by the SBMWD which specifies corrective actions called milestones to be completed by the IU to correct violations of the IV's wastewater discharge permit or SBMC Chapter 13.32. 8. Consent Order shall mean a time schedule agreed upon between the SBMWD and an IV which specifies corrective actions called milestones to be completed by the IV to correct violations of the IU's wastewater discharge permit or SBMC Chapter 13.32. 9. Control Authority shall mean the City of San Bernardino Environmental Control Section. 10. Dilution shall mean the increase in use of water, wastewater or any means to dilute a wastestream as a partial or complete substitute for adequate treatment to achieve discharge requirements. Environmental Response Plan Page 3 of 23 11. Director shall mean the Director of the WRP or an authorized representative, deputy, or agent appointed by the WRP Director. 12. Discharge Requirements shall mean the specific numerical limits, prohibitions, and reporting requirements contained in an IU's permit and SBMC Chapter 13.32. 13. Enforcement Violation Guide shall mean the current methods as outlined in the SBMWD Enforcement Response Plan and utilized by the Environmental Control Section to gain compliance from user's for violations of wastewater discharge, permit conditions, or SBMC Chapter 13.32. 14. Environmental Control Assistant (ECA) shall mean the entry level position with the Environmental Control Section who is primarily responsible for Class 2 and 3 level inspections and monitoring. 15. Environmental Control Officer (ECO) shall mean the supervisory position with the Environmental Control Section who is responsible for the development and implementation of the policies and procedures of the Environmental Control Section. 16. Environmental Control Technician (ECT) shall mean thejoumey level position with the Environmental Control Section who is primarily responsible for Class 1 Significant Industrial User (SIU) level inspections, permitting, plan check, and associated activities. 17. 40 CFR shall mean Title 40 of the Code of Federal Regulations relating to the protection of the environment. 18. Industrial User shall mean all persons, entities, public or private, industrial, commercial, governmental, educational, or institutional which discharge or cause to be discharged, industrial wastewater and waterborne waste into the POTW. 19. Industrial Wastewater shall mean all water containing wastes of the community, excluding domestic wastewater, and includes all wastewater from any producing, manufacturing, processing, governmental, educational, institutional, commercial, service, agricultural or other operation. Industrial wastewater may also include cooling tower and boiler blowdown water, brine wastewater from the regeneration of water conditioning equipment, and potable water treatment wastewater as determined by the Director. 20. Major Violation shall mean those violations which involve the issuance of a Notice of Violation, an Administrative Order, Civil/Criminal Penalties, Permit Suspension or Revocation, Termination of Water/Sewer Service, or any violation which results in Significant Noncompliance. 21. May shall mean permissive. 22. Minor Violation shall mean those violations which involve the issuance of a Notice of Noncompliance or a Warning Notice. Environmental Response Plan Page 4 of 23 23. Pass-Through shall mean any discharge which exits the WRP into waters of the United States in quantities or concentrations which, alone or in conj\IDction with other discharges from other sources, causes a violation of any requirement of the NPDES Permit, including an increase in the magnitude or duration of a violation. 24. Person shall mean any individual, firm, company, association, society, general or limited partnership, limited liability company, trust, corporation, governmental agency or group, and includes the plural as well as the singular. 25. PoUutant shall mean any constituent or characteristic of wastewater including but not limited to conventional pollutants, domestic wastewater, hazardous substances, infectious waste, slug discharges, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, medical waste, heat, rock, sand, cellar dirt and industrial, municipal, and agricultural waste. 26. Pretreatment shall mean the reduction of the amO\IDt of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to discharge of the wastewater into the POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes, waste minimization, or other legal means designed to remove or reduce pollutants in a wastestrearn, except dilution. 27. Pretreatment Equipment shall mean any structures, equipment, devices or processes for the reduction, elimination, or alteration of pollutants and/or flow control of wastewater prior to discharge to a collection system. 28. POlW shall mean the Publicly Owned Treatment Works and shall include the City's collection system, the collection system of contract cities, and the SBMWD Water Reclamation Plant. This defmition includes all devices, equipment, pipes, and systems used in the transmission, storage, treatment, recycling and reclamation of m\IDicipal sewage, sludge, or industrial wastewater, except sewer service lateral line connections. 29. Prohibited Waste Discharges shall mean all discharges specified in SBMC Chapter 13.32 which are prohibited from being discharged to the POTW. 30. SOMe shall mean the City of San Bernardino Municipal Code. 31. SBMWD WRP shall mean the San Bernardino Municipal Water Department Water Reclamation Plant and includes that portion of the City's POTW which is designated to provide treatment (including recycling and reclamation) ofm\IDicipal sewage and industrial waste. 32. Shall means mandatory. 33. Significant Industrial User (SIU) shall mean all industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter Nand amendments thereto, or any user that meets any of the following conditions: Environmental Response Plan Page 5 of 23 A. Industrial wastewater discharge at an average rate of at least twenty-five thousand gallons per day (gpd) to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater); B. A process wastestream discharge which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW; or C. Is designated by the Director on the basis that the user has a reasonable potential for adversely affecting the POTW or for violating any pretreatment standard or requirement. 34. Significant Non-Compliance (SNC) shall mean any compliance violation that meets one or more of the following criteria: A. Chronic violations of wastewater discharge limits, which are defmed as those in which sixty-six percent or more of all of the measurements for each pollutant taken during a consecutive six month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant; B. Technical Review Criteria (TRC) violations, which are defined as those in which thirty-three percent or more of all of the measurements for each pollutant taken during a consecutive six month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC= 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); C. Any other violation of a pretreatment effiuent limit (daily maximum or longer term average) that the SBMWD determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health ofPOTW personnel or the general public); D. Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the SBMWD exercise of its emergency authority to halt or prevent such a discharge; E. Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in an Administrative Order, for starting construction, completing construction, or attaining final compliance; F. Failure to provide, within thirty days of the date, any required reports such as baseline monitoring reports, ninety day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; G. Failure to pay, within thirty days, all applicable industrial user application, permit, and enforcement penalty fees. H. Failure to accurately report non-compliance; or Environmental Response Plan Page 6 of 23 I. Any other violations or group of violations which the SBMWD believes will adversely affect the operation and implementation of the SBMWD pretreatment program. 35. Spill Containment shall mean a protection system consisting of berms, dikes, or containers, which are used to prevent the discharge of raw materials, waste materials, chemicals, or finished products to the Storm Drain or POTW. 36. Unauthorized or Unpermitted Discharge shall mean any discharge of wastewater from a user who has not received the required permit authorizing the discharge of wastewater to the POTW. 37. User shall mean any person, public or private, residential, industrial, commercial, governmental, educational, or institutional which discharges or causes to be discharged, wastewater into the POTW or contmcted service area. 38. Waste shall mean any discarded solid, semi-solid, liquid, or gaseous material. 39. Wastewater shall mean the liquid and water carried domestic waste or non domestic waste from residential, commercial, industrial, governmental, educational, or institutional facilities, together with any groundwater, surface water, and storm water, that may be present which is discharged to the POTW. 40. Waste Minimization shall mean a written summary of practices and site-specific technical and economic information used for selecting appropriate techniques to reduce the production of wastes. Environmental Response Plan Page 7 of 23 III. ENFORCEMENT PROCEDURES 1. ENFORCEMENT RESPONSES The SBMWD utilizes a number of different enforcement responses, codified in San Bernardino Municipal Code Chapter 13.32 in response to Industrial Users which are in violation of Federal, State, and local pretreatment regulations. The enforcement responses are progressive in nature and are designed to escalate based on the frequency or magnitude of the specific violation. The following summary identifies the individual enforcement responses which are used by the SBMWD. A. Notice of Noncompliance (NNC) A Notice of Noncompliance shall be issued to a user for any initial pollutant violations, and any minor violations discovered during an inspection, or the users permit or SBMC 13.32. The timeframe required for the NNC to be corrected is normally 7-14 days. A copy of the NNC is either submitted to the user at the conclusion of the inspection or mailed to the user. The NNC shall require the user to correct the violation or submit a written response of the violation(s) and a plan for immediate compliance or actions to comply with the specified violation(s). A compliance time extension or series of time extensions may be granted, at the discretion of the Director, to a user who fails to correct a minor violation required by a NNC, upon a showing of "good faith" by the user. "Good Faith" shall be defined as the user's honest intention to remedy noncompliance together with actions that support the intention without the use of enforcement actions by the SBMWD. B. Verbal Notice (VN) Verbal Notice shall be used to notify a user that required correspondence, monitoring data, or any other type of required report has not been received by the required compliance date. The VN shall be completed through a phone call, telefax, or personal visit and shall be completed within five days after the original compliance date. All VN issued to an SIU shall be documented with a written memo to the SIU file. C. Warning Notice (WN) A Warning Notice shall be issued to a user when compliance has not been achieved by the original due date specified in the NNC issued to the user. The WN shall be issued within 5 days after the original or extended due date and shall state the provision(s) violated and the facts alleged to constitute the violation. The WN will also inform the user that additional enforcement action, including the issuance of a Notice of Violation and monetary penalties will be issued to the user if compliance is not achieved by the date specified. A WN shall be documented in a written inspection report at the time of the follow up inspection or mailed to the user following proper notification of the NNC. Environmental Response Plan Page 8 of 23 D. Noncompliance Monitoring Program (NMP) A Noncompliance Monitoring Program (NMP) shall be issued to a user when analysis results from consecutive samples indicate violations for the same pollutant. The timeframe required for the NMP response is normally 7 to 14 days in addition to specific due dates for the submittal of all required sample monitoring reports. The NMP requires the user to collect a representative wastewater sample from the designated sample location at a frequency determined by the Director. The samples are to be analyzed for all pollutants which were determined to be in violation of discharge limits. The user shall be responsible for all costs associated with the NMP. Production information, including daily flow meter records shall be submitted for each sample, as required by the Director. Continued noncompliance may result in escalated enforcement action and additional monitoring requirements as specified by the Director. E. Notice of Violation (NOV) A Notice of Violation shall be issued to a user for any repeat pollutant violations, any violations which result in Significant Noncompliance, or any major violations discovered during an inspection, the users permit or SBMC 13.32. A Notice of Violation is also issued to a user who has not complied with the requirements contained in a Notice of Noncompliance, Warning Notice, or Stop Work Order. The timeframe required for the NOV to be corrected is normally 7-14 days. The NOV shall state the provision(s) violated and the facts alleged to constitute the violation, and may include proposed compliance measures or additional monitoring which may be required. The NOV will also inform the user that additional enforcement action, up to and including suspension or termination of sewer service will be issued to the user if compliance is not achieved. The NOV shall require the user to correct the violation or submit a written response of the violation(s) and a plan for immediate compliance or actions to comply with the specified violation(s). Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the NOV. The NOV shall be hand delivered to the user with a written receipt of delivery. The NOV shall include a $100 penalty fee. F. Stop Work Order (SWO) A Stop Work Order shall be issued to a user to stop any new construction, tenant improvements, alterations, or additions, when the user has not received all necessary City permits, has initiated work without written approval of the Director, or violations of Chapter 13.32 related to the building activity have been discovered at the site. The SWO requires the user to cease all building activity until the user has achieved compliance with the conditions specified in the SWO and received authorization from the Director to resume building activity. The SWO shall be documented in a written inspection report completed during the onsite inspection or hand delivered to the user. The SWO shall include a $100 penalty fee. G. Violation Meeting Order (VMO) A Violation Meeting Order shall be issued to a user who has failed to achieve compliance after the issuance of an NOV, or at the conclusion of an NMP that has resulted in Significant Noncompliance. A VMO is an informal meeting between the user and the Environmental Control Section and is intended for the user to propose Environmental Response Plan Page 9 of 23 possible corrective actions and request time extensions to comply with the NOY. The VMO is also used by the user to demonstrate good faith efforts towards achieving compliance. The VMO may also be used by the City to draft a consent order or compliance order, or for the user to draft a compliance schedule, or file an appeal. The VMO shall include a $100 penalty fee. H. Cease and Desist Order (CDO) A Cease and Desist Order shall be issued to a user who is in violation of an NOV, or SBMC Chapter 13.32, industrial user permit, or any order issued under SBMC Chapter 13.32, which is determined to pose an immediate threat to the POTW, SBMWD personnel, environment or the general public. A CDO may also be issued to a user who is discharging industrial wastewater to the POTW without a valid industrial user permit. The CDO may result in the immediate revocation of the user's permit and shall require the user to take such appropriate remedial or preventive action as determined by the Director to gain immediate compliance and eliminate the threat, including halting operations and terminating the discharge to the POTW. The CDO shall include a $250 penalty fee. I. Consent Order (CONS) . A Consent Order shall be issued to a user after an NOV has failed to achieve . compliance with the requirements specified in SBMC Chapter 13.32, industrial user permit, or any order issued under SBMC Chapter 13.32. The CONS is routinely developed as a result of information collected during the VMO between the SBMWD and a user who has exhibited a willingness to comply. The CONS is a written agreement developed jointly between the City and the user with individual milestones, specific actions submitted by the user, or other remedies used to gain compliance with the violation(s). The CONS shall specifY the provisions violated and the facts constituting the violation(s), and shall require adequate treatment facilities, devices, or other pretreatment technology be installed and properly operated by the user to achieve and maintain compliance. No individual milestone, including milestone extensions is permitted to exceed nine months in length. The user is required to submit written progress reports to the SBMWD every 30 days, as scheduled by the Director, to accurately document the current status of the project and to maintain the required schedule. The CONS shall include a $500 penalty fee. J. Compliance Order (COMP) A Compliance Order shall be issued to a user after an NOV has failed to achieve compliance with the requirements specified in SBMC Chapter 13.32, industrial user permit, or any order issued under SBMC Chapter 13.32. The COMP is routinely developed as a result ofinforrnation collected during the VM between the SBMWD and a user who has exhibited a lack of cooperation and is unwilling to comply. The COMP is used to compel uncooperative users to achieve compliance and shall be developed by the SBMWD with no input from the user. The COMP is a compliance schedule with individual milestones developed by the SBMWD which requires the user to complete specific actions, or other remedies to gain compliance with the violation(s). The COMP shall specifY the provisions violated and the facts constituting the violation(s), and shall require adequate treatment facilities, devices, or other pretreatment technology be installed and properly operated by the user to Environmental Response Plan Page 10 of 23 achieve and maintain compliance. No individual milestone, including milestone extensions is permitted to exceed nine months in length. The user is required to submit written progress reports to the SBMWD every 30 days, as scheduled by the Director, to accurately document the current status of the project and to maintain the required schedule. The COMP shall include a $500 penalty fee. K. Show Cause Order (SHOW) A Show Cause Order shall be issued to a user who is in violation of SBMC Ordinance 13.32, user permit, or any order issued under SBMC Chapter 13.32, and has failed to achieve compliance with previous enforcement actions. The SHOW shall be served on the user specifying the time and place for the hearing; the proposed enforcement action and the reasons for such action, including any alleged violation(s) and the facts constituting the violation. The SHOW allows the user an opportunity to show why Civil and/or Criminal Action should not be brought against the user for failure to comply with previous enforcement actions. The SHOW notice shall be served upon the user personally or by certified mail at least fifteen calendar days prior to the hearing; unless the user requests an earlier date for the hearing. The Director shall permit the alleged violating user to respond to the notice and order, to present evidence and argument on all relevant issues, and to conduct cross- examination of any witnesses necessary for the full disclosure of the facts. The Director may request the attendance and testimony of witnesses and the production of evidence relevant to any matter, and may seek the issuance of a subpoena from the presiding court for the presence of prospective witnesses. The testimony taken shall be under oath and recorded, with a transcript prepared and provided to any person upon payment of the usual charges for such transcript. Attendees at the Show Cause Hearing may include; a representative from the City Attorney's Office, the SBMWD General Manager, the SBMWD WRP Director, and the SBMWD Environmental Control Officer. Prior to the issuance of a SHOW, representatives from the City and SBMWD shall review the case to determine possible compliance measures. Upon review of the findings of fact, the Director or his designee shall make a final decision which shall be served upon the user. The SBMWD may immediately impose an enforcement action after the hearing whether or not a duly notified user appears as required. The SHOW shall include a $1000 penalty fee. L. Probation Order (PO) A Probation Order may be issued to any user for any repeat pollutant or Ordinance violations. The PO shall require the user to conduct repeated monitoring, as determined by the Director, submit recurring documentation as required by the Director, or complete any other actions the Director deems necessary to affirm the continued compliance of the user. The PO shall include a $100 penalty fee. M. Pennit Revocation Order (PRO) A Permit Revocation Order may be issued to any user who has not complied with the requirements contained in any enforcement action. The permit revocation requires the user to immediately cease the discharge of all wastewater determined by the Director to be in noncompliance. The permit revocation requires the user to demonstrate continued compliance prior to the re-issuance of the permit authorizing the continued discharge of the specified wastewater to the sewer system. The PRO Environmental Response Plan Page 11 of 23 shall include a $100 penalty fee and the user shall be responsible for all costs associated with the re-issuance of the permit. N. Sewer Suspension Order (SUSP) A Sewer Suspension Order may be issued to any user who has either willfully or negligently violated the requirements contained in a Permit Revocation Order, failed to comply with the requirements of a CONS or COMP, or whose actual or impending discharge to the P01W presents or may present an imminent endangerment to the health and welfare of persons or to the environment, may pass through or cause interference with the operations of any part of the P01W, is in violation of this Chapter or the user's permit, or may cause the SBMWD to violate its NPDES permit or any other State or Federal law or regulation. The SUSP shall be hand delivered or delivered certified mail with a written receipt of delivery. Any user issued a SUSP shall immediately cease the discharge of all wastewater to the P01W, as specified by the Director. The SUSP will result in the immediate revocation of the user's permit. Noncompliance with the conditions of the SUSP may result in the immediate termination of sewer service as specified in SBMC Section 13.32.640. As soon as reasonably practicable but in no event more than five (5) business days following the issuance of the SUSP, the General Manager shall schedule a hearing to provide the user with an opportunity to present information which states the reasons the SUSP should not be executed. The scheduled hearing shall not delay or prevent the effects of the SUSP. The hearing shall be conducted in accordance with procedures established by the Board. Within five (5) business days following the hearing, the General Manager shall issue a written decision to the user regarding the status of the SUSP. The General Manager may allow the user to resume sewer service or wastehauler discharge service if the user demonstrates continued compliance with all discharge and Ordinance requirements. The user shall be responsible for all costs associated with the issuance of the SUSP. The SUSP shall include a $500 penalty fee and the user shall be responsible for all costs associated with re-issuance of the permit. O. Sewer Termination Order (TERM) A Sewer Termination Order may be issued to any user who has either willfully or negligently violated the requirements contained in a Sewer Suspension Order, failed to comply with the requirements of a CONS or COMP, or whose actual or impending discharge to the P01W presents or may present an imminent endangerment to the health and welfare of persons or to the environment, may pass through or cause interference with the operations of any part of the P01W, is in violation of this Chapter or the user's permit, or may cause the SBMWD to violate its NPDES permit or any other State or Federal law or regulation. The TERM shall be hand delivered or delivered certified mail with a written receipt of delivery. The TERM will result in the immediate revocation of the user's permit and the immediate severance of the user's sewer connection and/or the termination of water service. As soon as reasonably practicable but in no event more than five (5) business days following the issuance of the TERM, the General Manager shall schedule a hearing to provide the user with an opportunity to present information which states the reasons the TERM should not be executed. The scheduled hearing shall not delay or prevent the effects of the TERM. The hearing shall be conducted in accordance with procedures Environmental Response Plan Page 12 of23 who violates any provision of this Chapter, the user's permit, or effluent limit shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. The City Attorney, at the request of the General Manager may petition a court of competent jurisdiction to impose, assess and recover all costs pursuant to Federal and/or State legislative authorization. 4. ADMINISTRATIVE CIVIL PENALTIES a. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the City may issue an administrative complaint to any person who violates: 1. any provision of this Chapter; 2. any permit condition, prohibition, or effluent limit; or 3. any suspension or revocation order. b. The administrative complaint shall be served by personal delivery or certified mail and shall inform the user that a hearing will be conducted, and shall specify a hearing date within sixty (60) days following service. The administrative complaint will allege the act or failure to act that constitutes the violation of the City's requirements, the provisions oflaw authorizing civil liability to be imposed, and the proposed ci vii penalty. The matter shall be heard by the General Manager or a designated representative. The user to whom the administrative complaint has been issued may waive the right to a hearing, in which case the hearing will not be conducted. c. At the hearing, the user 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 General Manager and approved by the Board. d. After the conclusion of the hearing, the General Manager shall complete a written report which includes a brief statement offacts, a review of the issues involved, conclusions, and a recommendation. e. Upon receipt of the written report, the Board shall make a determination regarding the issuance of a civil penalty against the user. The General Manager shall issue an administrative order regarding the civil penalty to the user within thirty (30) calendar days after the hearing date. Environmental Response Plan Page 14 of23 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** 1))1) I 0 Ie Meeting Date (Date Adopted} fA Vote: Ayes 1::7 Nays Change to motion to amend original documents 0 RESOLUTION AGENDA ITEM TRACKING FORM . /' Item # .~) Resolution # Abstain Companion Resolutions ~ dofJ6- 3~ ~ r{ Absent NulllVoid After: days / Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: d - '1 ' () ~ Date of Mayor's Signature: J..' ~ . () " Date of Clerk/CDC Signature: d--- 8 -0 ~ Reso. Log Updated: 0: Seal Impressed: ~ Reso. # on Staff Report ~ Date Memo/Letter Sent for Signature: 1" Reminder Letter Sent: Date Returned: 2'd Reminder Letter Sent: Not Returned: 0 Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): ~ Yes NO~y_~ No . By ~. - No_/~y_ ../ NO~_ No By_ Yes Yes Yes Yes Copies Distributed to: Animal Control 0 EDA 0 Information Services 0 City Administrator ~/ Facilities 0 Parks & Recreation 0 City Attorney Finance 0 Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0"'/ Others: .. Date: ,?S' CJ, 0" Revised 12/18103