HomeMy WebLinkAboutMC-1216
Adopted: February 21, 2006
Effective: March 23, 2006
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ORDINANCE NO. HC-1216
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING
CHAPTER 13 .32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED
WASTEWATER FACILITIES; TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO
THE SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE
W ASTEW ATER STANDARDS, TO REVISE PENALTIES FOR VIOLATION OF
DISCHARGE STANDARDS AND TO MAKE VARIOUS 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 seg.), the General
Pretreatment Regulations (40 CFR 403), and the Porter-Cologne Water Quahty 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 effiuent 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
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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
Interyretation
Pubhcation Notice
Definitions of Terms
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3 13.32.100 FINDINGS
I. ADMINISTRATIVE PROVISIONS
4 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
5 groundwaters.
B. Existing federal and state laws and regulations establish limits on the nature of all
6 effluent discharged to waterways, to the surface, or underground.
C. The Regional Water Quality Control Board ("RWQCB"), Santa Ana Region, has
7 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.
8 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).
9 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
10 of the RWQCB with regard to effluent limits, Federal Pretreatment Standards, and with other
criteria required or authorized by federal or state legislation.
11 E. The San Bernardino Municipal Water Department (SBMWD) has undertaken and
completed specific financial studies relating to the capital needs, as well as the operation and
12 maintenance needs of the facilities and system.
F. The financial requirements of the SBMWD, as shown in the current reports prepared
13 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
14 year ofthe report.
G. The revenues derived under the provisions of this Ordinance will be used for the
15 acquisition, construction, reconstruction, maintenance and operation of the sewage collection,
wastewater treatment and disposal facilities of the SBMWD; to repay principal and interest on
16 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
17 reserves.
H. The need for upgraded and improved treatment of all wastewater collection, treatment
18 and disposal facilities is required to protect the public health and safety, and to preserve the
environment without damage.
19 1. 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
20 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
21 service based upon actual use, consumption and disposal of water to the POTW in lieu of disposal
by other means.
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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;
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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
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12 13.32.110 ADMINISTRATION OF POLICY
herein.
13 A. ADOPTION OF INTERPRETIVE RULES
The Director may adopt interpretive rules consistent with the provisions of Chapter
14 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
15 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.
16 B. GENERAL POWERS OF THE DIRECTOR
Except as otherwise provided herein, the Director shall administer, implement and
17 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
18 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
19 Director shall have the authority to respond to the following:
1. Endangerment to the health or welfare of the community. The Director, after
20 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
21 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
22 community;
2. Endangerment to the environment or the WRP. The Director, after written
23 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
24 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
25 with the operation of the WRP; and
3. The discharges referred to in subdivisions 1 and 2 above may be halted or
26 prevented without regard to the compliance of the user with other provisions of Chapter 13.32.
C. SPECIFIC POWERS OF THE DIRECTOR
27 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
28 or any collection system tributary thereto, the Director may take any action necessary to:
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1 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.
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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.
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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. .
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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.
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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:
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1 "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
2 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
3 information, 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,
4 including the possibility of fine and imprisonment for knowing violations."
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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.
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12 13.32.140 INVALIDITY
13 If any provision of Chapter 13.32 or the application of any condition or requirement upon
any user is determined to be invalid, the remainder of Chapter 13.32 or the application of
14 remaining requirements or condition shall not be affected.
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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.
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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).
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23 13.32.155 DEFINITIONS OF TERMS
24 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
25 the American Public Health Association, the American Water Works Association, and the Water
Environment Federation. Unless otherwise defined herein, terms pertaining to construction and
26 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
27 indicated, the meaning of the terms used in this Ordinance shall be as follows:
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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 EP A 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.
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 manager or a position of equivalent
responsibility or an individual having overall responsibility 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 EPA 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 (lU) 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 (SlU) as specified in 40 CFR 403.3(t)(ii).
12. Class II User shall mean an lU 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.
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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 wastestream as a partial or complete substitute for adequate treatment to achieve discharge
requirements.
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1 32. Director shall mean the Director of the WRP or an authorized representative, deputy,
or agent appointed by the WRP Director.
2 33. Discharger shall mean any person who directly or indirectly causes or contributes to
a discharge to the POTW.
3 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
4 to the POTW.
35. Domestic Wastewater shall mean wastewater from private residences and
5 wastewater from other premises resulting from the use of water for personal washing, sanitary
purposes or the discharge of human excrement and related matter.
6 36. Effluent shall mean treated wastewater flowing from a user or a user's pretreatment
equipment to the POTW.
7 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.
8 38. Engineer shall mean the City Engineer or an authorized representative or deputy.
39. EPA shall mean the United States Environmental Protection Agency.
9 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
10 regeneration at a commercial regeneration facility.
41. Existing Source shall mean any building, structure, facility, or installation from
11 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
12 Water Act and amendments thereto.
42. Federal Categorical Pretreatment Standard shall mean the National Pretreatment
13 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
14 industrial users in specific industrial categories established as separate regulations under the
appropriate subpart of 40 CFR Chapter I, Subchapter N, and amendments thereto.
15 43. Flow, Permitted Average shall mean the mathematical daily average flow of
industrial wastewater discharged from a permitted user to the POTW.
16 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
17 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
18 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.
19 46. General Manager shall mean the SBMWD General Manager or an authorized
representative, deputy, or agent appointed by the General Manager.
20 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.
21 Examples of these intentions are improved Best Management Practices (BMP) or the installation
of pretreatment equipment to reduce or eliminate pollutants.
22 48. Grab Sample shall mean an individual sample collected over a period of time not
exceeding fifteen minutes.
23 49. Grease Waste shall mean the floating, solid, and semi-solid waste contained within
an approved oil/grease interceptor located at a Restaurant User.
24 50. Grease Wastehauler shall mean any person engaged in the removal, transport, and
disposal of grease waste removed from a permitted Restaurant User.
25 51. Grease Wastehauler Manifest shall mean the manifest required to document the
removal of pretreatment waste from a permitted Restaurant User.
26 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
27 under 40 CFR Section 31 0.11 (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
28 amendments thereto. In general, substances which are toxic, explosive, corrosive, flammable or
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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, 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.
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 Wastehauler 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
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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 ofr.rogress in the form of dates, not to exceed nine
months, and are used in compliance schedules. Mllestones 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 Quahty 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
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1 or more of the following characteristics:
a. Contains or has the potential to contain a hazardous atmosphere;
2 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
3 tapers to a smaller cross-section; or
d. Contains any other recognized serious safety or health hazard.
4 81. Permittee shall mean any user which is issued an Industrial User, Liquid
Wastehauler, or Grease Wastehauler permit.
5 82. Person shall mean any individual, firm, company, association, society, general or
limited partnership, limited liability company, trust, corporation, governmental agency or group,
6 and includes the plural as well as the singular.
83. pH shall mean the logarithm (base 10) of the reciprocal of the concentration of
7 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
8 represent acidity and values greater than 7 represent alkalinity.
84. Pollutant shall mean any constituent or characteristic of wastewater including but not
9 limited to conventional pollutants, domestic wastewater, hazardous substances, infectious waste,
slug discharges, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge,
10 munitions, chemical wastes, biological materials, radioactive materials, medical waste, heat, rock,
sand, cellar dirt and industrial, municipal, and agricultural waste.
11 85. Pollution shall mean the man made or man induced adverse alteration of the
chemical, physical, biological, or radiological integrity of water.
12 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
13 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
14 wastewater, except sewer service lateral line connections.
87. Pretreatment shall mean the reduction of the amount of pollutants, the elimination
15 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
16 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.
17 88. Pretreatment Requirement shall mean any substantive or procedural requirement
related to pretreatment imposed on an Industrial User.
18 89. Pretreatment Standard shall mean any regulation containing pollutant discharge
limits or prohibitions promulgated by EP A or the City, applicable to industrial users, including
19 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
20 contained in SBMC Section 13.32.305; and any specific local discharge limits established by the
City.
21 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.
22 91. Prohibited Discharges shall mean all discharges specified in Section III of Chapter
13.32 which are prohibited from being discharged to the POTW.
23 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
24 Chapter 13.32.
93. RCRA shall mean the Resource Conservation and Recovery Act as contained in 40
25 CFR Part 260-266 and 270 and amendments thereto.
94. Restaurant User shall mean all retail establishments selling prepared foods and
26 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
27 drinking places selling prepared food and drink as a subordinate service incidental to their primary
operations and institutional facilities (e.g. schools, churches, jails, prisons, and juvenile halls),
28 which serve food on the premises may also be considered restaurant users.
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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 of the 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.
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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 pump 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 excet'tional 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.
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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
liquid wastes to be discharged at the POTW.
122. Waste Manifest shall mean the waste hauling receipt which is required to be retained
on site by an industrial user for any hazardous, non-hazardous, or pretreatment waste as required
by the Director.
123. 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.
124. Water Supply shall mean the water supply serving the area tributary to the collection
system of the City or Services Area or WRP.
125. WRP shall mean the City of San Bernardino Municipal Water Department Water
Reclamation Plant.
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9 II. GENERAL REQUIREMENTS
10 13.32.200 USE OF CITY EQUIPMENT OR FACILITIES
11 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
12 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
13 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
14 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
15 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.
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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.
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1 13.32.210 INSPECTION REQUIREMENTS
2 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
3 ready access at all reasonable times to all parts of the premises for the purpose of inspection,
sampling, and records examination.
4 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
5 inspection.
C. The user shall provide immediate access when an emergency exists.
6 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
7 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
8 attempting to inspect any facility which discharges wastewater to the POTW.
F. Where a user has security measures in force which would require proper
9 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,
10 without delay.
G. The user shall make available for copying by the Director, all records required to be
11 kept under the provisions of Chapter 13.32.
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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
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 written 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.
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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 monitoring 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 sample analysis
and all required reporting forms within the timeframe established by the Director. All 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.
13.32.225 NONCOMPLIANCE MONITORING REQUIREMENTS
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.
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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 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. 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
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.
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13.32.235 FLOW MEASUREMENT REQUIREMENTS
A. Any industrial user who discharges a daily average of twenty-five thousand gallons
22 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
23 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
24 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
25 Director. Continuous daily discharge readings which deviate more than 20% from the daily
permitted flow shall require the permitted flow to be revised accordingly.
26 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
27 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
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1 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.
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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 designated 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, including 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 wastehauler 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 discharge 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.
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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.
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13.32.260 FALSIFYING INFORMATION
Any user who knowingly makes any false statement, representation, or certification in any
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.
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.
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17 13.32.305 PROHIBITED WASTE DISCHARGES
18 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
19 drains or flows into the POTW, any of the following:
A. Any earth, sand, rocks, ashes, cinders, spent lime, stone, stone cutting dust, gravel,
20 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,
21 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
22 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
23 operation of the POTW.
B. Any compound which will produce noxious odors in the sewer or wastewater
24 treatment facilities.
C. Any recognizable portions of human or animal anatomy.
25 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
26 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
27 POTW, the environment or public health.
E. Any wastewater or material with a closed cup flash point ofless than one hundred
28 forty degrees Fahrenheit or sixty degrees Celsius using the test methods specified in 40 CFR
261.21 and amendments thereto.
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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.
1. 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 maintenance 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.
1. 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
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1 agency having jurisdiction over said discharge, and amendments thereto.
V. Any discharge from any groundwater remediation projects, except as may be
2 permitted by the Director.
W. Any slug loads from raw material, spent solutions, or sludges generated from
3 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
4 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
5 permitted limits, and any other tank or vessel containing a material which would exceed permitted
discharge limits.
6 X. Any radiator fluid or coolant, cutting oil, water soluble cutting oil, or water-based
solvent.
7 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.
8 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
9 Management Plan (TOMP) from any user determined to discharge Toxic Organics above detection
limits.
10
11 13.32.310 LIQUID WASTE DISCHARGE PROHIBITIONS
12 A. Liquid wastehaulers shall not discharge or cause to be discharged any hazardous
material or hazardous waste, as defined by RCRA, to the designated WRP disposal site.
13 B. 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
14 from the City.
C. Liquid wastehaulers shall not mix industrial wastewater and domestic liquid wastes in
15 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
16 order to achieve compliance with Chapter 13.32 or liquid wastehauler permit.
E. Liquid wastehaulers shall not dispose of any rejected load into any septic tank,
17 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.
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
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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 /1/1/
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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.
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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 ion-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 equipped 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
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1 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
2 submitted to the Director, within five calendar days after discovery of the electrical conductivity
valve failure.
3 B. Pursuant to California Health and Safety Code Sections 116775-116795 and
amendments thereto, no residential water softening or conditioning appliance shall be installed
4 except in either of the following circumstances:
1. The regeneration of the appliance is performed at a nonresidential facility
5 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
6 the residence where such appliance is used and the following conditions are met:
a. The appliance activates regeneration by demand control;
7 b. An appliance installed on or after January 1, 2000, shall be certified by
a third party rating organization using industry standards to have a salt efficiency rating of no less
8 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
9 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;
10 c. The installation of the appliance is accompanied by the simultaneous
installation of the following softened or conditioned water conservation devices on all fixtures
11 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
12 normal operation of such fix.tures:
1. Faucet flow restrictors.
13 11. Shower head restrictors.
111. Toilet reservoir dams.
14 iv. A piping system installed so that untreated (unsoftened or
unconditioned) supply water is carried to hose bibs and sill cocks which serve water to the outside
15 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
16 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
17 new user of the appliance and shall be completed by a contractor having a valid Class C-55 water
conditioning contractor's license or Class C-36 plumbing contractor's hcense and filed with the
18 City Building Division. The certification form shall contain all of the following information:
1. Name and address of homeowner;
19 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
20 certification.
3. Manufacturer of the water-saving devices installed, model number, and
21 number installed; and
4. Name, address, and the specialty contractor's license number of the C-55 and
22 C-36 licensee making the certification.
D. Any person installing or operating a water conditioning apparatus of any kind shall
23 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
24 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:
25 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;
26 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
27 Regional Board; and
3. All nonresidential sources are limited to the volumes and concentrations of
28 saline discharges to the POTW to the extent technologically and economically feasible.
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1 13.32.340 LIMITATION ON WASTEWATER 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.
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13.32.345 LOCAL DISCHARGE LIMITATIONS
As required by the Director, all users shall comply with the Local Discharge Limits as set
12 forth in the Industrial User Local Discharge Limitation Table and Wastehauler Discharge
Limitation Table. The pollutant discharge limits included in the Wastehauler Discharge Table are
13 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
14 and the specific Categorical Pretreatment Standards.
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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
MILLlGRAMS/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
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W ASTEHAULER DISCHARGE LIMITATION WASTE
[Daily Maximum Discharge Limit]
CONSTITUENT
Arsenic
Cadmium
Chromium (total)
Copper
Lead
Nickel
Zinc
MILLIGRAMS/LITER
0.9
0.3
2.3
15.0
4.0
2.3
31.0
13.32.350 FEDERAL CATEGORICAL 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 wastestream 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;
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1 E. No user shall install pretreatment equipment, systems or devices in a confined space
or a permit required confined space;
2 F. Whenever deemed necessary, the Director may require users to restrict their
wastewater discharge, relocate and/or consolidate points of discharge, separate domestic waste
3 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
4 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
5 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
6 to the Director, within five calendar days after discovery of the pretreatment equipment failure.
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13.32.410 PRETREATMENT EQUIPMENT BYPASS
A. No user shall bypass any pretreatment equipment or device unless the bypass: (i) is
9 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
10 maintenance ensuring adequate operation of the pretreatment equipment or device and does not
cause a violation of applicable discharge limits.
II 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
12 least ten days before the date of the scheduled bypass; or
2. Unanticipated bypass: The user shall notify the Director within twenty-four
13 (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.
14 All bypass reports shall include:
a. A description ofthe bypass, including the volume and duration;
15 b. If the bypass was corrected; and
c. Actions completed or proposed to prevent a recurrence of the bypass.
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17 13.32.415 STANDARD INTERCEPTOR DESIGNS
18 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
19 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
20 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
21 wastewater to the POTW which exceeds permitted discharge limits.
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13.32.420 PRETREATMENT REQUIREMENTS FOR EXISTING USERS
All existing industrial users which do not have adequate pretreatment shall be required to
24 install pretreatment equipment, as specified by the Director, to meet the required local discharge
limits specified herein, under the following conditions:
25 A. The user has been determined to cause or contribute to an increase in the frequency of
sewer line maintenance cleaning or repairs.
26 B. The user has been determined to cause or contribute to sewer line blockages or
Sanitary Sewer Overflows.
27 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:
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6 13.32.425 INTERCEPTOR REQUIREMENTS
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 of food prepared at the 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.
7 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
8 conditions:
A. The interceptor shall be watertight, structurally sound, durable and have a minimum
9 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
1 0 to insure a gas and watertight seal.
B. All interceptor chambers shall be immediately accessible at all times for the purpose
11 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
12 the interceptor.
C. Any interceptor legally and properly installed before the effective date of Chapter
13 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
14 inspection, sampling, cleaning, and maintenance.
D. All drains, openings and service lateral lines connected to an approved interceptor
l5 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
16 will prevent all material and particles with a cubic dimension greater than three-eighths of an inch
from being discharged to the POTW.
17 E. All interceptors shall be equipped with an influent tee extending no more than twelve
inches below the operating fluid level of the interceptor. The interceptor shall also have tees
18 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
19 manufacturers engineered interceptor designs contrary to standard requirements.
F. All interceptors shall be equipped with a sample box as required by the Director.
20 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 permit-
21 required confined space.
1. If the Director finds, either by engineering knowledge or by observation, that an
22 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
23 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
24 Director.
J. No user shall abandon, seal, fill, or in any other way bypass an existing interceptor or
25 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
26 disposal of any wastes or industrial wastewater generated by the user.
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1 13.32.430 SAND/OIL INTERCEPTORS
2 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
3 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
4 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
5 sand/oil interceptor requirements.
B. The Director shall notify the user of the Directors determination whether installation
6 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
7 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
8 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
9 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
10 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
11 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
12 necessary sand/oil interceptors, pretreatment equipment, and/or monitoring stations.
E. Any user required to install a sand/oil interceptor shall maintain such interceptor in
13 accordance with SBMC Section 13.32.445.
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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.
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1 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 interceptor 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.
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8 13.32.440 CONDITIONAL WAIVERS
9 The Director may conditionally waive the oil/grease interceptor requirement or require the
installation of an under sink grease trap, as approved by the San Bernardino County Department of
10 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
11 conditional waiver for the following reasons:
A. Changes in menu;
12 B. Falsification of information submitted in the Wastewater discharge survey form;
C. Changes in operating hours;
13 D. Changes in maximum seating capacity;
E. Changes in maximum meals served per peak hour;
14 F. Changes in equipment used;
G. Changes in the quantity or quality of the wastewater discharged; or
15 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 of the 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.
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1 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.
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7 13.32.450 SILVER RECOVERY PRETREATMENT SYSTEMS
8 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
9 recovery pretreatment equipment, as required by the Director.
B. The silver recovery equipment shall be capable of sufficiently removing silver from
10 the fixer solution and any silver laden rinse water to meet the required local discharge limits
specified herein.
11 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
12 recovery equipment.
D. As required by the Director, the user shall install an approved sample collection
13 device at the discharge end of the silver recovery equipment to facilitate the collection of
representative wastewater samples.
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15 13.32.455 INDUSTRIAL USER MODIFICATIONS
16 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
17 authorized representative of the permitted industrial user. For the purposes of this section
"changes" shall include any of the following:
18 A. A sustained twenty percent increase or decrease in the industrial wastewater flow
discharged or in production capacity;
19 B. Additions, deletions or changes to processes or equipment; or
C. Experimentation with new processes and/or equipment that will affect the quantity or
20 quality of the wastewater discharged.
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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.
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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.
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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.
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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 the potential for a slug discharge
which, if discharged to the POTW, would violate any of the prohibited 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 MINIMIZATION/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;
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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 ofa toxic hot spot as defined in Water Code Section 13391.5.
F. The WMIPPP 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.
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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
18 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
19 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
20 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
21 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,
22 requirements or would cause the SBMWD to violate its NPDES permit.
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13.32.505 INDUSTRIAL USER PERMIT APPLICATION REQUIREMENTS
A. All users required to obtain an industrial user permit shall complete and file with the
25 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
26 the following information:
1. Name, address, and location of the facility (if different from the mailing
27 address);
2. Name, title and phone number of authorized representative(s) and contact(s);
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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) of regulated 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 ofthe 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 has paid all applicable industrial user permit fees.
C. The Director may suspend 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
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1 notification by the user.
D. If the Director determines that the proposed discharge will not be acceptable, the
2 Director shall disapprove the application and shall notify the applicant in writing, specifying the
reason(s) for denial and the applicable appeals process.
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13.32.510 INDUSTRIAL USER PERMIT REQUIREMENTS
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 following 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;
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1 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.
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5 13.32.515 LIQUID W ASTEHAULER PERMITS
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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
conditions;
17 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
18 regulations of the San Bernardino County Health Department regarding cleanliness and sanitary
conditions;
19 4. Restrictions on operating hours for the designated WRP disposal site;
5. The revocation, suspension, or placement on probation of the permit and
20 imposition of other enforcement actions against the liquid wastehauler for violation of the permit
terms or conditions, or Chapter 13.32;
21 6. Liquid wastehauler record keeping and reporting requirements;
7. Liquid wastehauler obligation to notify the Director immediately of any
22 unusual circumstances observed during liquid waste pumr.ins operations; and
8. Other conditions, limItations or prohIbitIOns as specified by the Director.
23 D. The Director may deny the issuance of a liquid wastehauler permit for any of the
following reasons:
24 1. The applicant knowingly falsified information on the application or any
document required by the application;
25 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
26 3. The applicant is not current on all disposal and permit related reports and
charges.
27 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
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1 the issuance of a permit.
F. SBMWD issued liquid wastehauler permits shall be valid for a maximum of three
2 years, and the Director may impose additional, or modify or delete permit terms and conditions at
any time during the duration of the permit.
3 G. Liquid wastehauler permits are issued for a specific company and/or vehicle and any
attempted permit transfer will void the permit.
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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.
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8 13.32.525 DUTY TO COMPLY
9 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
10 with the requirements of the permit shall be subject to administrative, civil or criminal
enforcement actions in accordance with Chapter 13.32.
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12 13.32.530 PERMIT RENEWAL
13 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
14 Director for permit renewal a minimum of ninety calendar days prior to the expiration of the
existing permit. All users shall pay all applicable permit fees after invoicing by the SBMWD. If
15 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
16 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
17 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.
18
19 13.32.535 PERMIT MODIFICATIONS
20 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,
21 including the following:
1. To incorporate any new or revised federal, state, or local pretreatment
22 standards or requirements;
2. To address significant alterations or modifications to the user's operation,
23 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
24 reduction or elimination of the permitted discharge;
4. The permitted wastewater discharge poses a threat to the POTW, SBMWD or
25 City personnel, residents, or receiving waters;
5. Violation of any term or condition of the user's permit;
26 6. Misrepresentations or failure to fully disclose all relevant facts in the user's
permit application or in any required reporting; or
27 7. To correct typographical or other errors in the user's permit; or
28 // // /
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1 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.
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13.32.540 PERMIT TRANSFER
Each industrial user and liquid wastehauler permit is issued to a specific user for a specific
5 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
6 is a violation of Chapter 13.32.
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13.32.545 PERMIT SUSPENSION OR REVOCATION
The Director may suspend or revoke any industrial user or liquid wastehauler permit if the
9 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;
10 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
11 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
12 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
13 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.
21 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:
22 A. Minor Administrative Violations include, but are not limited to, the following:
1. Submission of incomplete reports or questionnaires;
23 2. Failure to submit required reports or correspondence by the scheduled due
date;
24 3. Failure to submit a compliance report by the due date specified without prior
notification to the SBMWD;
25 4. Failure to conduct required monitoring;
5. Failure to notify the Director of a violation of a permit condition within
26 twenty-four hours after discovery of the violation; or
6. Failure to pay any required fees, penalties and charges within thirty calendar
27 days from the due date.
B. Major Administrative Violations include, but are not limited to, the following:
28 1. Failure to notify the Director of a slug discharge immediately after discovery
of said discharge;
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1 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;
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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 administrative violations;
7. Failure to provide the SBMWD with access to the user's premises for the
purpose of inspection, monitoring, 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.
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
2.
discharge permit;
d. A pattern 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
the POTW; or
26 h. Wastewater discharge without a valid industrial user or liquid
wastehauler permit after notification.
27 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
28 discretion to treat a pattern of minor discharge violations with aggravating circumstances as an
individual major discharge violation.
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1 13.32.615 LIQUID W ASTEHAULER VIOLATIONS
2 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
3 Response Plan, and the liquid wastehauler permit as necessary to protect the WRP, the public, the
environment or SBMWD and City employees.
4 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
5 exist:
1. Such person or representative thereof failed to display any permit or discharge
6 authorization document upon request by an authorized representative of the SBMWD;
2. Such person or representative thereof has changed, altered or otherwise
7 modified the face of a permit or discharge authorization document without the permission of the
Director;
8 3. Such person or representative thereof has violated any condition of the permit;
4. Such person or representative thereof has falsified any application, liquid
9 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
10 request, or has withheld required information;
5. Such person or representative thereof failed to immediately cease the
11 discharge from his or her truck into the designated WRP disposal site upon order of any authorized
SBMWD employee;
12 6. Such person or representative thereof discharged or attempted to discharge
hazardous waste into the designated disposal site;
13 7. Such person or representative thereof discharged or attempted to discharge
industrial waste into the designated disposal site;
14 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
15 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;
16 9. Such person or representative thereof has physically harmed any SBMWD
employee; or
17 10. Such person or representative thereof has made threatening remarks or
threatening acts toward any SBMWD employee.
18 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
19 condition which caused the revocation, suspension or probation no longer exists.
D. Any authorized SBMWD employee shall have the authority to order the immediate
20 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
21 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
22 the general public.
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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
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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.
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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 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 SID shall be documented with a written memo to the SID 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 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 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. 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
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Notice of Noncompliance, Warning Notice, or Stop Work Order. The time frame 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 appeal. The VMO shall be hand delivered or
delivered certified mail with a written receipt of 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
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
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 any 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 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 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
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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 of SBMC 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.
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14 13.32.640 SEWER TERMINATION ORDER (TERM)
13.32.635 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 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 discharge 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 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 the SUSP and re-issuance of the permit.
15 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
16 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
17 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
18 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
19 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
20 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
21 states the reasons the TERM should not be executed. The scheduled hearing shall not delay or
prevent the effects ofthe TERM. The hearing shall be conducted in accordance with procedures
22 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
23 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
24 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
25 of the permit.
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13.32.645 CIVIL PENAL TIES (CIV)
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
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include all penalties authorized in this Section. The user shall be responsible for all costs
associated with the vio1ation(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: (1) 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 oflaw 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.
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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 of the 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 of the 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 of
appeal is filed with the Board pursuant to SBMC Section 13.32.675 no later than the thirtieth (3ot )
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.
11. 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 (9151) 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.
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22 13.32.650 CRIMINAL PENALTIES (CRIM)
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
V.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
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1 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.
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13.32.655 REMEDIES NONEXCLUSIVE
The enforcement actions for Chapter 13.32 are not exclusive. The General Manager may
5 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,
6 or discharge limits.
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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.
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13.32.665 LEGAL ACTION
If any user violates or has the reasonable potential to violate any provision of its Wastewater
15 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
16 competent jurisdiction for appropriate legal, equitable or injunctive relief including, but not limited
to, issuance of a temporary restraining order, preliminary injunction, permanent injunction, and/or
17 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
18 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
19 or the orders, rules, regulations, and Permits issued thereunder.
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13.32.670 WRITTEN APPEALS
A. Any user affected by and dissatisfied with any decision, order, or enforcement action,
22 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,
23 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
24 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
25 request in no way relieves the userofliability for any violations occurring before or after receipt of
decision, order, or enforcement action, nor stays the requirements of achieving or maintaining
26 compliance.
B. Any user affected by and dissatisfied with any decision, order, or enforcement action,
27 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
28 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
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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 within 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
17 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
18 decisions by means of administrative mandamus.
B. DEFINITIONS: As used in this Section, the following terms and words shall have the
19 following meanings:
1. Decision shall mean and include adjudicatory administrative decisions that are
20 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
21 hearings taken to enforce this Chapter.
2. Complete Record shall mean and include the transcript, if any exists, of the
22 proceedings, all pleadings, all notices and orders, any proposed decision by the Director, and the final
decision, all admitted exhibits, all rejected exhibits in the possession of the City or its officers or
23 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
24 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
25 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
26 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
27 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
28 agent, and written notice thereof is provided.
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17 13.32. 700 ESTABLISHMENT OF CHARGES AND FEES
D. PREPARATION 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.
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
18 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
19 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
20 regarding the operation of the 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
21 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.
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23 13.32.705 RECOVERY OF COSTS
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.
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27 13.32.710 CONNECTION REQUIREMENTS
28 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
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1 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
2 system to the owners property line.
B. The City may waive or modify the sewerage system connection requirements where
3 one or more of the following conditions exist:
1. The proposed single family residential development will be constructed on
4 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
5 per day per employee); there is a natural obstruction that prevents the property from being
connected to the City sewerage system.
6 2. The proposed residential development off our (4) units or less is an infill
project, where structures exist on at least 75% of the block and none of the properties are
7 connected to the City sewerage system.
3. The proposed development is an expansion, is less than 25% in area of the
8 existing structure, and does not exceed one thousand (1000) square feet.
4. The proposed development will not generate any sewage.
9 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
10 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
11 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
12 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
13 for all requests to waive the sewer connection requirements.
D. A connection permit is required before any person is authorized to connect and
14 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
15 and distinct from the Industrial User discharge permit required which is required of Class I-V
users.
16 E. Connection permits shall be issued by the City Building Department in accordance
with applicable regulations which describe the permit conditions, required construction
17 specifications, and the corresponding fees for the connection permit.
F. Each property shall be connected to the City sewerage system through a separate
18 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
19 connection.
G. The property owner is required to seal all sewer connections upon abandonment of
20 the property to prevent wastewater flow to the City sewerage system.
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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.
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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
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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 discharge 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.
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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.
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19 13.32.730 MONITORING AND INSPECTION CHARGES AND FEES
20 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
21 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.
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23 13.32.735 PAYMENT OF CHARGES AND FEES
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.
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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, adopted or enacted pursuant thereto and shall be placed on the billing
for water following the date of initial occupancy.
G. The owner of any rental property shall promptly advise the SBMWD of the date of
the first occupancy of the premises.
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12 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
13 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
14 the SBMWD.
B. DELINQUENT ACCOUNTS: The SBMWD may elect to amend the permit of any
15 user who fails to make payment in full of all charges and fees assessed by the SBMWD or
otherwise incurred by the user.
16 C. BANKRUPTCY: Every user filing any legal action in any court of competent
jurisdiction, including the United States Bankruptcy Court, for purposes of discharging its
17 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.
18 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
19 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
20 provided by the SBMWD.
E. SECURITY DEPOSIT RETURN: The SBMWD will either return the security
21 deposit or credit the account of a user provided the user remits all required payments in full over a
continuous two year period.
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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.
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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 VARIOUS TECHNICAL CORRECTIONS
13.32.805 EFFECTIVE DATE OF ORDINANCE
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.
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
joint
10 Common Council of the City of San Bernardino at a regular meeting thereof, held on the
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21st day of February
, 2006, by the following vote, to wit:
ABSENT
ABSTAIN
NAYS
AYES
COUNCIL MEMBERS
ESTRADA
x
LONGVILLE
x
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
x
x
x
x
x
Ktte A.ei, Cf 0A1u
H ALLES, MAYOR
of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
~~yAttoZ'~ II ~
City of San Bernardino Municipal Water Department
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