HomeMy WebLinkAbout30- Water CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Bernard C. Kersey Subject: Request for reading of, and to
General Manager revise Chapter 13 . 32 Wastewater
Dept: Water �� y Discharge Ordinance
Date: October 20 , 1997
p
Synopsis of Previous Council action:
Adopt Ordinance
OCT 0 2 1997
Recommended motion:
Layover to November17, 1997 Council Meeting for final reading
and adopt Ordinance.
Signature
Contact person: Bernard C Kersey Phone: 384-5191
Supporting data attached: YeS Ward: All
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct No.)
(Acct Description)
Finance:
Council Notes:
Ordinance Laid Over
Anemia Item No_ 30
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The proposed Wastewater Discharge Ordinance, Chapter 13 . 32 , is a
comprehensive revision of the City' s existing Ordinance and
implements state and federal requirements for regulation of
industrial wastewater discharges .
The Ordinance updates the City' s existing authority in several
areas , including the following :
1 . Prohibits the discharge of certain types of industrial wastes,
such as explosive gases and toxic pollutants , into the
sewerage system;
2 . Establishes revised local limits for the discharge of
industrial wastes such as lead, chromium and cyanide among
others ;
3 . Requires industrial wastewater dischargers to install
opriate equipment to "pretreat" industrial waste prior to
appr
the discharge to the sewerage system;
4 . Updates the authorization for the Municipal Water Department
to inspect , monitor and sample industrial waste discharges ;
5 . Revises the permit program through which the Municipal Water
Department regulates industrial waste dischargers ;
6 . Updates the Municipal Water Department' s enforcement program
including:
(a) authorizing the imposition of administrative fines for
failure to comply with applicable permit or Ordinance
requirements and
(b) revises the administrative appeal/hearing process to
protect the due process rights of industrial waste
dischargers who seek to challenge Municipal Water
Department regulatory actions .
Upon adoption of the Ordinance, the City, through its Water
Department, will have a state of the art regulatory program in
place that is both "user friendly" to industry and commerce and at
the same time helps to assure the highest level of environmental
protection for our water supplies .
The implementation of such changes will be accomplished by amending
Chapter 13 . 32 of the San Bernardino Municipal Code to revise
industrial limits for discharge into the sewer system, require
compliance with Federal and State wastewater standards, revise
penalties for violation of discharge standards and to make various
technical corrections .
1 ORDINANCE NO. MC-
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE
3 ENTITLED WASTEWATER FACILITIES TO REVISE
INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,
4 TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE
WASTEWATER STANDARDS, TO REVISE PENALTIES FOR
5 VIOLATION OF DISCHARGE STANDARDS AND TO MAKE
VARIOUS TECHNICAL CORRECTIONS.
6
7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO do
8 hereby ordain as follows-
9
SECTION 1:
10
Chapter 13.32 of the San Bernardino Municipal Code is hereby amended to read as
11 follows:
12 Articles:
13 I. PREAMBLE
14 13.32.010 Findings
15 13.32.020 Payment for Expansion of Public Sewers and/or Wastewater
Treatment Facilities
16
13.32.030 Pretreatment or Equalization Facilities
17
13.32.040 _ Setting of User Charges
18
13.32.100 Purpose and Policy
19
13.32.105 Definitions and Abbreviations
20
II. GENERAL PROVISIONS
21
13.32.200 Administration
22
13.32.205 Authorization for New or Increased Pollutant Discharges or
23 Changes in the Nature of Pollutant Discharges
24 13.32.207 Record Keeping
25 13.32.210 General Discharge Prohibitions
26 13.32.211 Specific Discharge Prohibitions
27 13.32.215 Prohibition Against Discharging Solid or Fluid Material to
Watercourses
28
2001-00001
September 8, 1997
50246_1
AN ORDINANCE INDUSTRIAL CITY OF
LI I O AMENDING REQUIRE OF THE SAN
FDI CODE ENTITLED
WASTEWATER
FACILITIES O REVISE M TS FOR DISCHARGE INTO SEWER SYSTEM,TO COMPLIIAN E WITH FEDERAL STATE WASTEWATER
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 13.32.220 Prohibition Against Discharging Pollutants to the Ground
2 13.32.222 Point of Discharge Limits
3 13.32.223 Prohibition Against Dilution
4 13.32.225 Special Restrictions, Vehicle Servicing Facilities
5 13.32.230 Restrictions on Water-Softening Wastes
6 13.32.231 Inspection of Water-Treating Apparatus
7 13.32.235 Special Restrictions, Food Processing Facilities
8 13.32.237 Conditional Waivers
9 13.32.240 Specific Local Discharge Limits
10 13.32.242 Prohibition on Disposal of Spent Solutions and Sludges
11 13.32.243 Prohibition on Discharge of Medical Waste
12 13.32.245 Categorical Pretreatment Standards
13 13.32.247 Mass Emission Rates
14 13.32.250 Pretreatment
15 13.32.252 Prohibited Discharge of Recovered Pretreatment Wastes
16 13.32.253 Gravity Separation Interceptor
17 13.32.255 Monitoring Facilities
18 13.32.257 Flow Metering Facilities
19 13.32.260 Inspection and Sampling
20 13.32.262 Sampling and Analysis - Fee - Billing
21 13.32.265 Confidential Information
22 13.32.267 Industrial User Survey
23 13.32.270 Reporting Changes in Discharge,
Slug Loading, and Potential
24 Problems
25 13.32.272 Notification of Bypass
26 13.32.275 Annual Public Notice of Significant Noncompliance
27 13.32.280 Damage to City's Equipment or Facilities
28 13.32.282 Compensation for Unauthorized Discharges
2001-00001 - 2 - September 8, 1997
50246_1
7
FAAN CILI
TIES NO REVISE INDUSTRIAL LIM TS FOR DISCHARGE INTO SEWER SYSTEM CHAPTER
O OF THE SAN
COMPLIANCE WITH FDEIDEERALAND STATE WASTEWATER WASTEWATEER WASTEWATER
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 13.32.286 City's Right of Revision
2 13.32.295 Interpretation
3 13.32.296 Severability
4 III. PERMITS
5 13.32.300 Wastewater Discharge Permits
6 13.32.305 Permit Applications
7 13.32.310 Permit Modifications
8 13.32.315 Permit Contents
9 13.32.320 Permit Duration
10 13.32.325 Permit Transfer
11 13.32.330 Reporting Requirements
12 13.32.335 Spill Containment Facilities
13 13.32.340 Signatory and Certification Requirements
14 IV. ENFORCEMENT
15 13.32.400 Enforcement, General
16 13.32.401 Notification of Violation
17 13.32.402 Compliance Time Schedules
18 13.32.403 Administrative Orders
19 13.32.404 Compliance Orders
20 13.32.405 Cease and Desist Order
21 13.32.406 Determination of Noncompliance with Discharge Limits
22 13.32.407 Noncompliance Monitoring Program
23 13.32.408 Permit Suspension or Revocation
24 13.32.410 Termination of Service
25 13.32.415 Emergency Suspension of Service
26 13.32.416 Public Nuisance
27 13.32.417 Criminal Penalties
28 13.32.419 Search or Inspection Warrants
soz46_1
zoo - 3 _ September 8, 1997
s_i
AN ORDINANCE OF THE CITY OF SAN BERNARDINO.CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 13.32.420 Legal Action
2 13.32.425 Civil Penalties
3 13.32.427 Appeals to the Common Council
4 13.32.428 Financial Security/Amendments to Permit
5 13.32.430 Enforcement Response Plan
6 13.32.440 Notice of Discharge Prohibition
7 13.32.445 Industrial Waste Pass Through or Interference
8 13.32.450 Publication of Violation
9 13.32.460 Recovery of Costs Incurred by City
10 13.32.470 Judicial Review
11 V. CONNECTION PERMITS AND CHARGES
12 13.32.500 Compliance Required Prior to Issuance of Certificate of
Occupancy
13
13.32.505 Connection Required
14
13.32.510 Connection Permit Required
15
13.32.520 Charges - Payment of Base Charges
16
13.32.530 Charges - Industrial Wastewater Discharge Permit
17
13.32.535- Payments
18
13.32.580 Construction of Extension to Public Sewer
19
VI. ADOPTION
20
13.32.600 Effective Date - Annexations
21
13.32.605 Effective Date - City of San
22 Bernardino and Unincorporated
Portions of San Bernardino County
23 Served by the San Bernardino
POTW
24
13.32.610 Conflicts
25
26
27
28
2001-00001 - 4 - September 8, 1997
50246_1
AN ORDIES TO REVISE NDUS RIAL4LIM TS FOR DISCHARGE INTO SEWER AMENDING
YSTEM TO OF THE SAN WITH FEDNOR MUNICIPAL
ND STATE WASTEWATER STANDARDS
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 I. PREAMBLE:
2 13.32.010 Findings.
3 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
4 the quality of the receiving groundwaters.
5 B. Existing federal and state laws and regulations establish limits on the nature
of all effluent discharged to waterways, to the surface, or underground.
6
C. The California Regional Water Quality Control Board ("CRWQCB"), Santa Ana
7 Region, has established limits on the concentration of selected biological and
chemical constituents of the effluent discharged by the City. These limits are
8 set forth in orders duly adopted by the CRWQCB.
9 D. In order to comply with the requirements contained in those orders, the City
must regulate the content of wastes discharged into its Public Sewers and/or
10 Wastewater Treatment Facilities. This Chapter establishes requirements for
discharges into the Public Sewer and/or Wastewater Treatment Facilities of the
11 City in order to enable the City to comply with the administrative provisions of
the Clean Water Grant Regulations, the requirements of the CRWQCB with
12 regard to effluent limits, national standards of performance, and with other
criteria required or authorized by federal or state legislation. (Ord. 3693 §1,
13 1977)
14 E. That the Municipal Water Department has undertaken and completed specific
financial studies relating to the capital needs, as well as the operation and
15 maintenance needs of the facilities and system, and
16 F. That the financial requirements of the Municipal Water Department, as shown
in the current reports prepared by Staff and Consultants, are based on current,
17 reliable information and data relating to population projections,wastewaterflow
and capital facilities needs and are expected to be realized in each year of the
18 report, and
19 G. That the revenues derived under the provisions of this Ordinance will be used
for the acquisition, construction, reconstruction, maintenance and operation of
20 the sewage collection, wastewater treatment and disposal facilities of the
Municipal Water Department; to repay principal and interest on debt
21 instruments;or to repay federal and state loans issued for the construction and
reconstruction of said sewerage facilities,together with costs of administration
22 and provisions for necessary reserves, and
23 H. That the need for upgraded and improved treatment of all wastewater
collection, treatment and disposal facilities is required to protect the public
24 health and safety, and to preserve the environment without damage, and
25 I. That the charges established and levied by this Ordinance are to allow the
Municipal Water Department to recover the reasonable costs to provide a
26 service to individual parcels of real property which have been improved for any
of multiple types of uses. The basis for the respective charge is the request of
27 the owner of a parcel, for the benefit of him/herself or the occupants of the
property, to receive a service based upon actual use, consumption and
28 disposal of water to the Municipal Water Department's system in lieu of
disposal by other means, and
2001-00001
50246 - 5 ° September 8, 1997
r ,
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 J. That the adoption of this Ordinance is statutorily and categorically exempt
under the California Environmental Quality Act from further environmental
2 assessment pursuant to the provisions of the California Public Resources Code
section 21080(b)(8) and Title 14, California Code of Regulations, sections
3 15273(a), 15301, 15302, 15303, 15307, 15308, 15309, and 15321.
4 13 32 020 Payment for Expansion of Public Sewers and/or Wastewater Treatment
5 Facilities. The Public Sewer and/or Wastewater Treatment Facilities of the City require, from
6 time to time, expansion of the Public Sewer system. Where such expansion benefits only
7 a limited area, the cost of the expansion should properly be borne by those properties or
8 property owners directly benefiting. This Chapter contains the policy regarding payment for
9 construction of and acceptance of such expansion. (Ord. 3693 §2, 1977)
10 13 32 030 Pretreatment or Equalization Facilities. In order to ensure proper operation
11 of the Public Sewers and/or Wastewater Treatment Facilities, certain pretreatment facilities
12 for wastewater discharging to the wastewater facilities may be necessary. This Chapter
13 contains regulations concerning these appurtenances. (Ord. 3693, §3, 1977)
14 13 32 040 Setting of User Charges, This Chapter provides for the setting of User
15 charges and fees for the equitable distribution of all costs of financing, maintaining and
16 operating the system and developing the necessary reserve funds to ensure future operation
17 of the system. These charges and fees are in accordance with good engineering and fiscal
18 practices and comply with all applicable governmental regulations regarding the operation
19 of the Public Sewers and/or Wastewater Treatment Facilities of the City. (Ord. 3693 §4,
20 1977)
21 13.32.100 Purpose and Policy. This Ordinance sets forth uniform requirements for
22 all Users of the San Bernardino Wastewater collection and treatment system which system
23 serves the City of San Bernardino. This Ordinance enables the City to comply with all
24 applicable State and Federal laws required by the Clean Water Act of 1977 and amendments
25 thereto and the General Pretreatment Regulations (40 CFR Part 403).
26 The objectives of this Ordinance are:
27 A. To prevent the introduction of Pollutants into the Wastewater system which
may interfere with the operation of the system or contaminate the resulting
28 sludge;
200 1-00001
50246 1 - 6 - September 8, 1997
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 S RIAL LM TS FOR DISCHARGE INTO SEWER SYSTEM TO REQUIRE COMPL COMPLIANCE WITH FEDERAL AND STATE WASEWATER STANDARDS
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 B. To prevent the introduction of Pollutants into the Wastewater system which
may pass through the system, inadequately treated, into surface waters,
2 groundwaters, the atmosphere, or otherwise be incompatible with the system;
3 C. To improve the opportunity to recycle and reclaim Wastewaters and sludges
from the system; and
4
D. To provide for equitable distribution of the cost of the Wastewater system.
5
This Ordinance shall apply to all Users of the Publicly Owned Treatment Works
6
("POTW"). The Ordinance provides for regulation through issuance of Permits to certain
7
nondomestic Users and enforcement of general requirements for the other Users. The
8
Ordinance also authorizes monitoring, compliance and enforcementactivities,User reporting,
9
establishes administrative review procedures, and provides for the setting of fees for the
10
equitable distribution of costs for sewer service.
11
13.32.105 Definitions and Abbreviations.
12
A. Unless the context specifically indicates otherwise, the following terms and
13
phrases used in this Ordinance shall have the meanings hereinafter designated:
14
1. Act or "the Act". The Federal Water Pollution Control Act, also known
15 as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
Pursuant to California Water Code §13370 et seq., the State is
16 authorized to implement the provisions of the Act.
17 2. Applicant. Any Person desiring to create a new or revised discharge of
Nondomestic Wastewater.
18
3. Approved Analytical Methods. The sampling referred to in 40 CFR Part
19 403, Appendix E, and analysis of samples so collected, shall be
performed in accordance with the techniques prescribed in 40 CFR Part
20 136 and amendments thereto. Where 40 CFR Part 136 does not
contain sampling or analytical techniques for the Pollutant in question,
21 or where the EPA determines that the Part 136 sampling and analytical
techniques are inappropriate for the Pollutant in question, sampling and
22 analysis shall be performed using other sampling and analytical
procedures approved by the City and the EPA.
23
4. Authorized Representative of Industrial User. An authorized
24 representative of an Industrial User may be:
25 a. A Responsible Corporate Officer, if the User submitting required
reports is a corporation;
26
b. A general partner or proprietor if the User submitting the required
27 reports is a partnership or sole proprietorship respectively,
28
2001-00001 _ 7 _ September 8, 1997
50246 1
AN ORDINANCE I O O S E I MUNICIPAL O
FACILITIES O REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER AMENDING Y TEM.TO EQUIRECOMP AN EWI H FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 C. The person in responsible charge, if the User is a governmental
agency;
2
d. An individual with the same authority as stated in 1, 2, and 3 if
3 the individual is responsible for the overall operation ofthe facility
from which the discharge originates.
4
If authorization under this definition is no longer accurate because a
5 different individual or position has responsibility for the overall operation
of the facility, or overall responsibility for environmental matters for the
6 company, a new authorization satisfying the requirements of Item 4 of
these definitions shall be submitted to the City prior to or together with
7 any reports to be signed by the new authorized representative.
8 5. Biochemical Oxygen Demand (BOD). The quantity of oxygen
(expressed in mg/1), required to biochemically oxidize the organic
9 material in a Wastewater sample over a five-day period at 20 degrees
centigrade.
10
6. BMR. Baseline Monitoring Report.
11
7. Board. The City of San Bernardino Board of Water Commissioners.
12
8. BOD. Biochemical Oxygen Demand (five-day). See definition under
13 "Biochemical Oxygen Demand."
14 9. Building Official. The Director of Planning and Building Services, his
authorized representative, or any City Officer who is subsequently
15 empowered to assume the duties of the Building Official.
16 10. Bypass. The intentional diversion of wastestreams from any portion of
a User's pretreatment facilities.
17
11. Categorical Industrial User. An Industrial User who is subject to
18 promulgated Categorical Standards.
19 12. Categorical Pretreatment Standard or Categorical Standard. Any
regulation containing Pollutant discharge limits promulgated by EPA in
20 accordance with sections 307 (b) and (c) of the Act (33 U.S.C. Section
1317) which apply to a specific category of Users and which appear in
21 40 CFR Chapter I, Subchapter N, Parts 405-471, as it exists and as it
may be amended.
22
13. CFR. Code of Federal Regulations.
23
14. Chemical Oxygen Demand (COD). The quantity of oxygen (expressed
24 in mg/1) required to chemically oxidize the contents of a Wastewater
sample under specific conditions of oxidizing agent, temperature, and
25 time.
26 15. Cam. The City of San Bernardino acting through its elected officials and
authorized representatives.
27
16. Class I User. A Categorical Industrial User.
28
2001-00001 _ g _ September 8, 1997
50246_1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES OISII TRIAL LIMITS O DDISCHA GEINTO S TEM O REQUIRE COOMPNWITH FEDE AL AND STATEWASTEWATERSTANDARDS,
REVISE PENALE FOR OF STANDARDS VS TECHNICAL
1 17. Class II User. A Non-Categorical Significant
Industrial User.
2
18. Class III User. A Non-Significant Industrial User.
3
19. Class IV User. A Temporary Industrial User.
4
20. Class V User. A Wastehauler.
5
21. COD. Chemical Oxygen Demand. See definition under "Chemical
6 Oxygen Demand."
7 22. Compliance Time Schedule (CTS). A formal timetable issued by the
Director for Users to achieve compliance with the provisions of this
8 Chapter and/or a Wastewater Discharge Permit. Each Compliance
Time Schedule shall contain milestone dates as well as a final
9 compliance date.
10 23. Composite Sample. A sample which is collected from a Wastewater
discharge at selected intervals over a time period of twenty-four hours.
11 A composite sample may be collected using automatic continuous or
discrete sampling equipment, or by manually collecting a minimum of
12 four grab samples. When specified by the Director, composite samples
shall be collected in a manner which is proportional to the flow rate of
13 the discharge.
14 24. Constituent. Any physical, chemical, or microbiological component or
parameter of water or Wastewater which can be quantified using
15 Approved Analytical Methods.
16 25. Counly. The County of San Bernardino or the Board of Supervisors of
the County of San Bernardino.
17
26. Director. The Director of Water Reclamation, or his authorized
18 representative, or any City officer who subsequently is empowered to
assume or succeed to the duties of the Director.
19
27. Discharger. Any person who, directly or indirectly, causes or
20 contributes to a discharge into the POTW.
21 28. Discharge to the Ground. The discharge of Wastewater to or into the
soil which is not contained in an impermeable facility approved by the
22 Director.
23 29. Domestic Liquid Waste. Septic or chemical toilet waste which is
domestic wastewater confined in a septic tank or other approved
24 detention chamber not connected to the sanitary sewer system.
25 30. Domestic Wastewater. Water bearing wastes from residences and
other Premises resulting from personal use of water for ordinary living
26 processes of humans and of such a character as to permit satisfactory
disposal, without special treatment, into the POTW.
27
31. Effluent. The treated Wastewater flowing from the Wastewater
28 Treatment Facilities, or the Nondomestic Wastewater discharged by an
Industrial User, to the POTW.
2001-00001 - 9 - September 8, 1997
50246_1
FAAN CIILLIITIES TO REVISE INDUSTRIAL ALIM TS FOR DISOCHARGE INTO SEWER AMENDING YSTEM TO OF THE SAN WITH MUNICIPAL LAND STATE O WASTEWATER STANDAARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 32. Engineer. The Director of Public Works/City Engineer of the City or his
authorized representative or deputy.
2
33. Environmental Protection Agency (EPA). The United States
3 Environmental Protection Agency or , where appropriate, the term may
also be used as a designation for the Administrator or other duly
4 authorized official of the agency.
5 34. EPA. Environmental Protection Agency. See definition under
"Environmental Protection Agency."
6
35. Exchange-Type Water Conditioning Equipment. Water conditioning
7 equipment that is removed for regeneration from the Premises at which
it is normally operated to a commercial regeneration facility.
8
36. Federal Regulations. Any applicable provision of the Act as amended
g and any regulation promulgated by the EPA under Title 40 CFR
implementing the Act.
10
37. Food Processing Facilities. Those wholesale or retail facilities which
11 handle, process or prepare food stuffs intended for human and/or
animal consumption.
12
38. Grab Sample. A sample which is collected from a Wastewater
13 discharge, without regard to the flow in the wastestream, over a period
of time not exceeding fifteen minutes.
14
39. Gravity Separation Interceptor (or Grease Interceptor). A detention
15 chamber designed to remove oil and grease, and solids from
Wastewater before discharge to the POTW and which detention
16 chamber is acceptable to the Director.
17 40. Grease. See definition under "Oil and Grease."
18 41. Hazardous Substance. Any substance which is toxic, explosive,
corrosive, flammable or an irritant, or which generates pressure through
19 heat or decomposition including but not limited to, any substance
determined to be a toxic or hazardous substance pursuant to Section
20 307 and 311(b)(2) of the Clean Water Act, 33 U.S.C., Section 1251, et
seq., or its implementing regulations at 40 CFR Parts 116 and 129; any
21 substance classified as a hazardous substance pursuant to California
Water Code Section 13050(p)and; any imminently hazardous chemical
22 substance subject to regulation under the Toxic Mixtures or Substances
Control Act, 15 U.S.C., Section 2601, et seq.
23
42. Hazardous Waste. Any Hazardous Substance which is either the
24 resultant and/or intermediate or final by-product of any process.
25 43. Industrial User (IU). Any Non-Residential User who discharges
Nondomestic Wastewater to the POTW.
26
27
28
2001-00001 _ 10 - September 8, 1997
50246_1
i
AN ORDINANCE OF THE CITY OF SAN
O AMENDING OMI O
FACIILITTIESTOREEVISE NDUS RIALLIMTSFORDSCHARGEIINTOSEWERYS EM CHAPTER
O REQUIRECOMPLIANCEWTHFEDDRLANDSTATEWASTEWATER STANDARDS
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 44. Industrial Wastewater. The same as Nondomestic Wastewater.
2 45. Instantaneous Maximum Allowable Discharge Limit. The maximum
concentration of a Pollutant allowed to be discharged at any time,
3 determined from the analysis of any discrete or composited sample
collected independent of the industrial flow rate and duration of the
4 sampling event.
5 46. Interference. Shall mean a discharge which, alone or in conjunction
with a discharge or discharges from other sources, both:
6
a. Inhibits or disrupts the POTW, its treatment processes or
7 operations, or its sludge processes, use or disposal; and
8 b. Causes a violation of any requirement of the POTW's NPDES
permit (including an increase in the magnitude or duration of a
g violation) or of the prevention of Sewage sludge use or disposal
in compliance with the following statutory provisions and
10 regulations or permits issued thereunder(or more stringent State
or local regulations): Section 405 of the Clean Water Act, the
11 Solid Waste Disposal Act (SWDA) (including Title II, more
commonly referred to as the Resource Conservation and
12 Recovery Act(RCRA), and including State regulations contained
in any applicable State sludge management plan prepared
13 pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic
Substances Control Act, and the Marine Protection, Research
14 and Sanctuaries Act.
15 47. L. Liter.
16 48. LEL. (Lower Explosive Limit). See definition under "Lower Explosive
Limit."
17
49. Lower Explosive Limit (LEL). The minimum concentration of a
18 combustible gas or vapor in the air which will ignite if an ignition source
is present.
19
50. Manager. The General Manager of the City Water Department, or his
20 authorized representative, or any City officer who subsequently is
empowered to assume or succeed to the duties of said Manager.
21
51. Mass Emission Rate. The mass of material discharged to the POTW
22 during a given time interval. Unless otherwise specified, the mass
emission rate shall be expressed in pounds per day of a particular
23 constituent or combination of constituents.
24 52. May is permissive.
25 53. MBAS. Methylene Blue Activated Substances.
26 54. Medical Waste. Isolated wastes, infectious agents, human blood and
blood products, pathological wastes, sharps, body parts, fomites,
27 etiologic agents, contaminated bedding, surgical wastes, potentially
contaminated laboratory wastes, dialysis wastes, hypodermic needles,
28 syringes, instruments, utensils or any other paper or plastic items of
disposable nature used for medically related purposes. The term
2001-00001 _ 11 _ September 8, 1997
50246_1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 "Medical Waste" shall exclude de minimus amounts of wastes, human
blood and paper items of a disposable nature associated with Domestic
2 Wastewater discharges.
3 55. Municipal Water Department. The Municipal Water Department of the
City of San Bernardino.
4
56. Mg. Milligrams.
5
57. Milligrams per liter(mq/L). Shall mean unit of the concentration of water
6 or Wastewater constituent. It is 1 gram of the constituent in 1,000 liters
of water.
7
58. National Pollutant Discharge Elimination System (NPDES) Permit. The
8 permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342) for
the City's POTW treatment plant.
9
59. New Source. Those sources defined in 40 CFR 403.3(k), as it may be
10 revised or amended.
11 60. Non-Categorical Significant Industrial User. A Significant Industrial User
who is not subject to promulgated Categorical Standards.
12
61. Non-Contact Cooling or Heating Water. Water discharged from any use
13 which has no direct contact with any raw material, intermediate or final
product, and to which the only Pollutant added is heat.
14
62. Nondomestic Wastewater. All Wastewater except Domestic
15 Wastewater, Domestic Liquid Waste and Unpolluted Water as defined
herein. Nondomestic Wastewater shall include, but not be limited to,
16 Wastewater resulting from industrial, commercial, producing,
manufacturing, processing, institutional, governmental, and agricultural
17 operations, and brine Wastewater resulting from the regeneration of
water conditioning devices. Except as set forth in this definition, all
18 liquid Wastewater hauled by truck, rail, or any other means shall also be
considered as Nondomestic Wastewater, regardless of the original
19 source of the wastes.
20 63. Non-Significant Industrial User (NSIUI. Any Industrial User who is not
a Significant Industrial User.
21
64. NPDES. National Pollutant Discharge Elimination
22 System.
23 65. NPDES Permit. National Pollutant Discharge Elimination System
Permit. See definition under "National Pollutant Discharge Elimination
24 System (NPDES) Permit."
25 66. Oil and Grease. Any of the following in part or in combination:
26 a. Petroleum derived products,e.g., oils,fuels, lubricants, solvents;
27 b. Vegetable derived products, e.g., oils, shortenings, soluble
cutting oils;
28
C. Animal derived products, e.g., fats, greases, oils, lard.
2001-00001
50246_1 - 12 - September 8, 1997
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 67. Pass Through. A discharge which exits the POTW into waters of the
State in quantities or concentrations which, alone or in conjunction with
2 other discharges, causes a violation of any requirement of the POTW's
NPDES Permit (including an increase in the magnitude or duration of a
3 violation).
4 68 POTW pursuant t User Sections 113.32 300 et seq. f the San Be nardino
5 Municipal Code.
6 69. Person. Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate,
7 governmental entity or any other legal entity, or their representatives,
agents, or assigns.
8
70. pH. The logarithm (base 10) of the reciprocal of the concentration of
9 hydrogen ions, as analyzed in accordance with Approved Analytical
Methods. pH represents both acidity and alkaline on a scale ranging
10 from 0 to 14 where 7 represents neutrality, numbers less than 7
increasing acidity and more than 7 increasing alkaline.
11
71. Pollutant. Any constituent or characteristic (including but not limited to
12 pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor) of
Wastewater on which a discharge limit may be imposed either by the
13 City or regulatory bodies empowered to regulate the POTW; and any
dredged spoil,solid waste, incinerator residue,filter backwash, Sewage,
14 garbage, Sewage sludge, munitions,Medical Wastes, chemical wastes,
biological materials, radioactive materials, heat,wrecked or discharged
15 equipment, rock, sand, cellar dirt, and industrial, municipal, and
agricultural wastes.
16
72. Pollution. The man-made or man-induced adverse alteration of the
17 chemical, physical, biological, or radiological integrity of water.
18 73. POTW. Publicly Owned Treatment Works. See definition under
"Publicly Owned Treatment Works."
19
74. POTW Treatment Plant. The portion of the POTW designed to provide
20 treatment to Wastewater.
21 75. Premises. A parcel of real estate including any improvement thereon
which is determined by the Manager to be a single user for purposes of
22 receiving, using, and paying for services.
23 76. Pretreatment or Treatment. The reduction of the amount of Pollutants,
the elimination of Pollutants, or the alteration of the nature of Pollutant
24 properties in Wastewater to a less harmful state prior to or in lieu of
discharging or otherwise introducing such Pollutants Into a POTW. The
25 reduction or alteration can be obtained by physical, chemical, or
biological processes, or process changes of other means, except, as
26 prohibited by 40 CFR Section 403.6(d), use of dilution.
27 77. Pretreatment Requirement. Any substantive or procedural pretreatment
requirement, other than a Pretreatment Standard, imposed on an
28 Industrial User.
2001-00001 - 13 - September 8, 1997
502461
AN ORDINANCE OF THE CITY OF SAN BERNARDINO.CALIFORNIA,AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TOR VISE INDUSTRIAL LIMITS FOR DISCHARGE(INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS,
1 78. Pretreatment Standard. Any regulation containing Pollutant discharge
limits or prohibitions promulgated by EPA or the City, applicable to
2 Industrial Users, including promulgated Categorical Standards; National
Prohibitive Discharge Standards developed pursuant to Section 307(b)
3 of the Act and 40 CFR 403.5, general discharge prohibitions contained
in Section 13.32.210 herein; and any specific local discharge limits
4 established by the City.
5 79. Pretreatment Wastes. All wastes liquid or solid, removed from a waste
stream or discharge by physical, chemical, or biological means.
6
80. Public Sewer. Any sewer which collects Domestic and/or Nondomestic
7 Wastewater for transport to the POTW. The term as used herein does
not include storm drains or channels for conveyance of natural surface
8 waters.
9 81. Publicly Owned Treatment Works (POTW). The San Bernardino
Wastewater Treatment Plant and any other devices or systems used by
10 the City in the storage, conveyance (including all sewers, pipes, lift
stations, and other conveyances which convey Wastewater to the
11 Wastewater treatment plant), treatment, recycling, and reclamation of
municipal Sewage.
12
82. RCRA. The Resource Conservation and Recovery Act of 1976 (42
13 U.S.C. 6901 et seq.) as amended or revised.
14 83. Regional Board. The California Regional Water Quality Control Board,
Santa Ana Region.
15
84. Responsible Corporate Officer.
16
a. A president, secretary, treasurer, or vice president of the
17 corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making
18 functions for the corporation..
19 b. The manager of one or more manufacturing, production, or
operation facilities employing more than 250 persons or having
20 gross annual sales or expenditures exceeding $25 million (in
second-quarter 1980 dollars), if authority to sign documents has
21 been assigned or delegated to the manager in accordance with
corporate procedures.
22
85. Restaurants. Restaurants shall include, but not be limited to, retail
23 establishments selling prepared foods and drinks for consumption on or
off the Premises.
24
86. Sample Point. A location approved by the Director from which
25 Wastewater that is representative in content and consistency of the
entire flow of Wastewater being sampled can be collected.
26
87. Service Area. The area in which discharges to the Sewerage System
27 flow to, or are intended by the City to flow to, the POTW.
28 88. Sewage. Human excrement and gray water (household showers,
dishwashing operations, etc.).
2001-00001 - 14 - September 8, 1997
50246_1
AN ORDINANCE OF THE CITY OF SN BERNARDINO CALIFORNIA,AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIM TS FOR DISCHARGE INTO SEWER SYSTEM O REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 89. Sewerage System. Any and all facilities used for collecting, conveying,
pumping, treating and disposing of wastewater.
2
90. Shall is mandatory.
3
91. SIC. Standard Industrial Classification.
4
92. Significant Industrial User (SIU). An Industrial User of the POTW who
5 (i) is subject to Categorical Standards, or (ii) has an average daily
discharge of 25,000 gallons or more of process Wastewater (excluding
6 sanitary waste, Unpolluted Water, and boiler/cooling tower blowdown
discharges), or (iii) has a discharge which makes up 5% or more of the
7 average dry-weather hydraulic or organic capacity of the Wastewater
Treatment Facilities receiving the Wastewater, or (iv) has in its wastes
8 Toxic Pollutants as defined pursuant to Section 307 of the Act, or (v) is
designated by the Director to have a reasonable potential for adversely
9 affecting the POTW's operation or violating any applicable Pretreatment
Standard, Requirement or discharge limit set forth in this Chapter.
10
93. Significant Noncompliance(SNC).Violations of Pretreatment Standards
11 or Requirements, which include violations of effluent limits, sampling
violations,analysis violations, reporting violations,compliance schedule
12 and regulatory deadline violations, which satisfy one or more of the
following criteria:
13
a. Violations of Wastewater discharge
14 limits..
15 i. Chronic Violations. Sixty-six percent or more of all the
measurements taken during a six-month period exceed
16 (by any magnitude) either of the following two figures:
17 - the daily maximum effluent limit(s) set for a
Pollutant or Pollutant property in 40 CFR, Chapter
18 I, Subchapter N, Parts 405-471, or in this Chapter,
or in the Wastewater Discharge Permit;
19
the average applicable effluent limit(s) set for a
20 Pollutant or Pollutant property, in 40 CFR, Chapter
I, Subchapter N, Parts 405-471, or in this Chapter,
21 or in the Wastewater Discharge Permit.
22 ii. Technical Review Criteria (TRC) Violations. Thirty-three
percent or more of all the measurements for each
23 Pollutant or Pollutant property taken during a six-month
period exceed either of the following two figures:
24
the daily maximum effluent limit(s) set for a
25 Pollutant or Pollutant property in 40 CFR, Chapter
I, Subchapter N, Parts 405-471, or in this Chapter,
26 or in the Wastewater Discharge Permit, multiplied
by the applicable TRC constant in subsection iii
27 below;
28 1111/
2001-00001 - 15 - September 8, 1997
502461
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIESTO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 - the average effluent limit (the average of daily
values for 30 consecutive days) set for a Pollutant
2 or Pollutant property in 40 CFR, Chapter I,
Subchapter N, Parts 405-471, or in this Chapter, or
3 in the Wastewater Discharge Permit, multiplied by
the applicable TRC constant in subsection iii
4 below.
5 iii. Applicable TRC constants for Technical Review Criteria
(TRC) violations:
6
TRC Constant is 1.4 for BOD, TSS, fats, Oil and
7 Grease-,
8 - TRC Constant is 1.2 for all other Pollutants, except
pH. pH is not subject to Technical Review Criteria.
9
iv. Any other violation(s) of a pretreatment effluent limit(daily
10 maximum or long-term average) that the Director
determines has caused, alone or in combination with
11 other discharges, Interference or Pass Through(including
endangering the health of the POTW personnel or the
12 public).
13 V. Any discharge of a Pollutant that has caused imminent
endangerment to human health or welfare or to the
14 environment or has resulted in the POTW's exercise of its
emergency authority to halt or prevent such a discharge.
15
b. Violations, by 90 days or more, of schedule milestones for
16 starting construction, completing construction, achieving final
compliance, including such milestones specified in Compliance
17 Time Schedules or other administrative orders.
18 C. Failure to provide reports as specified or required by
administrative orders, Permits, Compliance Time Schedules,
19 Monitoring and Reporting Programs, or Categorical Standards
(Baseline Monitoring Reports, 90 Day Compliance Reports, and
20 Periodic Reports)or other reports within 30 days of the due date.
21 d. Failure to accurately report noncompliance.
22 e. Any other violation(s) that the Director determines will adversely
affect the operation or implementation of the pretreatment
23 program.
24 94. Single Pass Non-Contact Cooling or Heating Water. Water used solely
for the purpose of cooling or heating, which has no direct contact with
25 any raw material, or any intermediate, final or waste product, and which
is used only once and then discarded.
26
95. SIU. Significant Industrial User. See definition under "Significant
27 Industrial User."
28 /////
2001-00001 - 16 - September 8, 1997
50246_1
AN ORDINANCE NO REVISE INDUSTRIAL LtIMTS FOR DISCHARGE I O
NTO SEWER AMENDING YSTEM CHAPTER 13 32
OF THE SAN WITH FEDERAL MUNICIPAL ND STATE WASTEWATER WASTEIWATDER WASTEWATER
STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 96. Slug Discharge Control Plan. A plan submitted to the City by a User
pursuant to Section 13.32.330 D. herein, which specifies to the
2 Director's satisfaction the potential Pollutants used and/or stored at the
User's facility; potential pathways of entry of the potential Pollutants into
3 the POTW; and facilities and procedures for preventing or controlling
the occurrence of Slug Loading.
4
97. Slug Loading (Slug Discharge). The discharge of any Pollutant,
5 including oxygen demanding Pollutants (BOD, etc.), which is released
at a flow rate and/or Pollutant concentration which may cause Pass
6 Through of or Interference with the POTW.
7 98. SNC Significant Noncompliance. See definition under "Significant
Noncompliance."
8
99. Solvent Management Plan (Toxic Organic Management Plan). A plan
9 submitted to the City by an Industrial User pursuant to Section
13.32.330 C. herein, which specifies to the Director's satisfaction the
10 solvents and other toxic organic compounds used and stored; the
methods of delivery, storage, and disposal used; and procedures for
11 assuring that solvents and other toxic organics do not routinely spill or
leak into the POTW or ground.
12
100. Specific Compliance Plan. A plan submitted to the City by an Industrial
13 User pursuant to Section 13.32.330 E. herein, which specifies to the
Director's satisfaction the cause of noncompliance, the corrective
14 actions which will be taken to prevent recurrence of the noncompliance,
and, if required by the Director, a proposed Compliance Time Schedule.
15
101. Spent Solutions. Any concentrated Nondomestic Wastewater (i.e.
16 plating solutions and static rinses), which contains concentrations of
Pollutants, the discharge of which may cause Interference, Pass
17 Through or a violation of any Pretreatment Standard or Requirement.
18 102. Spill Containment. A protection system to prevent the discharge of non-
compliant Pollutants to the Sewerage System.
19
103. Standard Industrial Classification (SIC). A classification pursuant to the
20 Standard Industrial Classification Manual issued by the Executive Office
of the President, Office of Management and Budget, 1987 or latest
21 edition thereof.
22 104. Standard Methods. Standard Methods for the Examination of Water
and Wastewater", prepared and published by the American Public
23 Health Association, American Water Works Association, and Water
Environment Federation, which specifies accepted procedures used to
24 assess the quality of water and Wastewater.
25 105. State. State of California.
26 106. State Water Board. The State of California Water Resources Control
Board.
27
107. Storm Water. Any flow of water resulting from natural precipitation.
28
2001-00001 _ 17 - September 8, 1997
50246_1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO.CALIFORNIA.AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 108. Storm Water System. All storm water conveyance and treatment
facilities located within the City including, but not limited to storm drains,
2 catch basins, storm drain manholes,and storm water pumping facilities.
3 109. SWDA. Solid Waste Disposal Act, 42 U.S.C. 6901
et seq.
4
110. TDS. Total Dissolved Solids. See definition under "Total Dissolved
5 Solids".
6 111. Tempora[y Industrial User. Any Industrial User who is granted
temporary permission by the Director to discharge unpolluted water or
7 Wastewater to the POTW. Such temporary permission shall not be
granted to Industrial Users subject to promulgated Categorical
8 Standards.
9 112. TFR. Total Filterable Residue. See definition under "Total Dissolved
Solids".
10
113. Total Dissolved Solids (TDS). The quantity of nonvolatile substances
11 remaining after filtration through a standard filter and drying to constant
weight at 180oC, expressed in terms of milligrams per liter (mg/1) and
12 analyzed in accordance with Approved Analytical Methods. TDS is
synonymous with Total Filterable Residue (TFR).
13
114. Total Toxic Organics (TTO). The sum of the concentrations for each of
14 the toxic organic compounds regulated by applicable Categorical
Standards which are found in the User's discharge at a concentration
15 greater than 0.010 milligrams per liter, and analyzed in accordance with
Approved Analytical Methods.
16
115. Toxic Pollutant. Any Pollutant or combination of Pollutants listed as
17 toxic in 40 CFR 401.15 or 40 CFR 403, Appendix B.
18 116. TRC. Technical Review Criteria.
19 117. TSS. Total Suspended Solids.
20 118. Units.
21 A. Private dwelling unit" means single family residential, duplex
residential and triplex residential Premises.
22
B. All other units means all residential units in apartment buildings
23
or such other Premises as may be required by this code to obtain
a commercial business license and/or Wastewater Discharge
24 Permit required under special restrictions for Nondomestic
Wastewater in Sections 13.32.300 et seq.
25
119. Unpolluted Water. Non-contact cooling or heating water, air
26 conditioning condensate, ice melt, condensate, rain water, or
uncontaminated groundwater, surface water,storm water or other water
27 to which no Pollutant has been added either intentionally or
unintentionally.
28
120. U.S.C. United States Code.
2001-00001 - ]8 - September 8, 1997
AN ORDINANCE I I CALIFORNIA,AMENDING CHAPTER OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED
FACILITIES TO REVISE INDUSTRIAL LIMITS FO DSCHARGE INTO SEWER SYSTEM O REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 121. User. Any Person who contributes, causes, or permits the contribution
of Wastewater into the POTW.
2
122. Wastehauler. Any Person engaging in vehicular transport of waste, as
3 part of or incidental to any business, for the purpose of discharging the
transported waste to the POTW.
4
123. Wastewater. The liquid and water-carried domestic wastes or
5 nondomestic wastes from dwellings., commercial buildings, industrial
facilities, and institutions,together with any groundwater, surface water,
6 and storm water that may be present, whether treated or untreated,
which is contributed into or permitted to enter the POTW.
7
124. Wastewater Discharge Permit or Permit. The regulatory procedure
8 established and enforced by the Director to control the flow and quality
of wastes discharged into the POTW.
9
125. Wastewater Treatment Facilities. The structures, equipment, and
10 processes maintained by the City which accept untreated Sewage from
the Public Sewer and which treat and dispose of Domestic and
11 Nondomestic Wastewater.
12 126. Water Conditioning Equipment. Any device or apparatus used to soften
or otherwise condition water, including zeolite or resinous anion or
13 cation exchange softeners, demineralizers, or any other like device.
14 127. Water Supply. Generally the supply of public, potable water serving the
area contributory to the City's Public Sewers and/or Wastewater
15 Treatment Facilities.
16 128. Waters of the State. All streams, lakes, ponds, marshes,watercourses,
waterways, well, springs, reservoirs, aquifers, irrigation systems,
17 drainage systems, and all other bodies or accumulations of water,
surface or underground, natural or artificial, public or private, which are
18 contained within, flow through, or border upon the State or any portion
thereof.
19
B. Definitions of all chemical, biological, and other technical terms shall be the
20
same as defined in the Code of Federal Regulations Part 136 or in Standard Methods. (Ord.
21
MC-571, 12-22-86; MC-273, 5-23-83; Ord. 3693 §5, 1977).
22
C. Words used in this Chapter in the singular may include the plural and the plural
23
the singular. Use of masculine shall include feminine and the use of feminine shall include
24
masculine.
25
II. GENERAL PROVISIONS:
26
13.32.200 Administration. Except as otherwise provided, the Director shall
27
administer, implement, and enforce the provisions of this Ordinance. Any powers granted
28
to or duties imposed upon the Director may be delegated by the Director to other persons
2 1'.000OI - 19 - September 8, 1997
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 acting in the beneficial interest of or in the employ of the City.
2 13.32.205 Authorization for New or Increased Pollutant Discharges or Changes in the
3 Nature of Pollutant Discharges. It shall be unlawful to commence, increase, or substantially
4 change any discharge of Wastewater to the POTW except as authorized by the Director in
5 accordance with the provisions of this Chapter.
6 13 32 207 Record Keeping. Each Permittee shall retain records of all monitoring
7 information, including the date, location and method used to obtain Wastewater samples,
8 time of sampling, name of person taking the samples, the dates analyses were performed,
9 the analytical techniques or methods used and the results of the analyses, all calibration and
10 maintenance records and all original chart recordings for continuous monitoring
11 instrumentation, copies of all reports required by the Permit, and records of all data used to
12 complete the application for the Permit, for a period of at least five years from the date of the
13 sample, measurement, report or application. This period may be extended by request of the
14 Director at any time.
15 All records that pertain to matters that are the subject of special orders or any other
16 enforcement or litigation activities brought by the City shall be retained and preserved by the
17 Permittee until all enforcement activities have concluded and all periods of limitation with
18 respect to any and all appeals have expired.
19 13 32 210 General Discharge Prohibitions. No Person shall contribute or cause to be
20 contributed, directly or indirectly, any Pollutant or Wastewater which causes Pass Through
21 or Interference with the operation or performance of the POTW.
22 13 32 211 Specific Discharge Prohibitions. No Person shall contribute or cause to be
23 contributed into the POTW the following Pollutants, substances or Wastewater:
24 A. Any liquids, solids, or gases which by reason of their nature or quantity
are, or may be, sufficient, either alone or by interaction with other
25 substances, to cause fire, explosion, or in any other way be injurious to
the POTW or to operation of the POTW including, but not limited to,
26 wastestreams with a closed cup flashpoint of less than 140 degrees
Fahrenheit or 60 degrees Centigrade, using the test methods specified
27 in 40 CFR 261.21, or which result in conditions where two successive
readings on an explosion hazard meter, at the point of discharge into
28 the system (or at any point in the system), are more than 5%, or any
z001-00001
50246_1 - 20 - September 8, 1997
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 acting in the beneficial interest of or in the employ of the City.
2 13.32.205 Authorization for New or Increased Pollutant Discharges or Changes in the
3 Nature of Pollutant Discharges. It shall be unlawful to commence, increase, or substantially
4 change any discharge of Wastewater to the POTW except as authorized by the Director in
5 accordance with the provisions of this Chapter.
6 13 32 207 Record Keeping. Each Permittee shall retain records of all monitoring
7 information, including the date, location and method used to obtain Wastewater samples,
8 time of sampling, name of person taking the samples, the dates analyses were performed,
9 the analytical techniques or methods used and the results of the analyses, all calibration and
10 maintenance records and all original chart recordings for continuous monitoring
11 instrumentation, copies of all reports required by the Permit, and records of all data used to
12 complete the application for the Permit, for a period of at least five years from the date of the
13 sample, measurement, report or application. This period may be extended by request of the
14 Director at any time.
15 All records that pertain to matters that are the subject of special orders or any other
16 enforcement or litigation activities brought by the City shall be retained and preserved by the
17 Permittee until all enforcement activities have concluded and all periods of limitation with
18 respect to any and all appeals have expired.
19 13 32 210 General Discharge Prohibitions. No Person shall contribute or cause to be
20 contributed, directly or indirectly, any Pollutant or Wastewater which causes Pass Through
21 or Interference with the operation or performance of the POTW.
22 13 32 211 Specific Discharge Prohibitions. No Person shall contribute or cause to be
23 contributed into the POTW the following Pollutants, substances or Wastewater:
24 A. Any liquids, solids, or gases.which by reason of their nature or quantity
are, or may be, sufficient, either alone or by interaction with other
25 substances, to cause fire, explosion, or in any other way be injurious to
the POTW or to operation of the POTW including, but not limited to,
26 wastestreams with a closed cup flashpoint of less than 140 degrees
Fahrenheit or 60 degrees Centigrade, using the test methods specified
27 in 40 CFR 261.21, or which result in conditions where two successive
readings on an explosion hazard meter, at the point of discharge into
28 the system (or at any point in the system), are more than 5%, or any
single reading is over 10%, of the Lower Explosive Limit (LEL) of the
2001-00001 - 20 - September 8, 1997
50246 1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 meter. Prohibited materials include, but are not limited to, gasoline,
kerosene, naphtha, benzene, toluene, xylenes, ethers, alcohols,
2 ketones, aldehydes, peroxides, chlorates, perchlorates, bromates,
carbides, hydrides, and sulfides;
3
B. Solid or viscous substances which may cause obstruction to sewer flow
4 or interference with the operation of the Wastewater Treatment Facilities
including, but not limited to, grease, garbage with particles greater that
5 one-half inch ('/2") in dimension, animal guts or tissues, paunch manure,
bones, hair, hides or fleshings, entrails, cat litter, dead animals,
6 diatomaceous earth,feathers, ashes, cinders, earth, sand, mud, gravel,
rocks, plaster, concrete, spent lime, stone or marble dust, metal, metal
7 filings, straw, shavings, grass clippings, rags, spent grains, spent hops,
waste paper, wood, plastics, tar, asphalt, asphalt residues, residues
8 from refining or processing of fuel or lubricating oil, glass, or glass
grinding or polishing wastes;
9
C. Any Wastewater having a pH less than 5.0 or greater than 11.0, or
10 Wastewater having any other corrosive property capable of causing
damage or hazard to structures, equipment, and/or personnel of the
11 POTW;
12 D. Any Wastewater containing Hazardous Substances or Toxic Pollutants,
in sufficient quantity, either singly or by interaction with other Pollutants,
13 to injure or interfere with any Wastewater treatment process including
sludge disposal, constitute a hazard to human or animals, or create a
14 hazardous effect or acute or chronic toxicity in the receiving waters of
the POTW;
15
E. Any noxious or malodorous liquids, gases, or solids which either singly
16 or by interaction with other wastes are sufficient to create a public
nuisance or hazard to life or are sufficient to prevent entry into the
17 sewers for maintenance and repair;
18 F. Any substance which may cause the POTW's Effluent, or any other
product of the POTW such as residues, sludges, or scums, to be
19 unsuitable for reclamation and reuse. In no case shall a substance
discharged to the POTW cause the POTW to violate applicable sludge
20 use or disposal regulations developed under Section 405 of the Act or
any criteria, guidelines, or regulations affecting sludge use or disposal
21 developed pursuant to the Solid Waste Disposal Act, Clean Air Act,
Toxic Substances Control Act, Resource Conservation and Recovery
22 Act, Marine Protection, Research and Sanctuaries Act, or State
Regulations;
23
G. Any Wastewater which imparts color which cannot be removed by the
24 treatment process, such as, but not limited to, dye wastes and
vegetable tanning solutions;
25
H. Any Wastewater having a temperature greater than sixty degrees
26 Centigrade (one hundred forty degrees Fahrenheit), or which will inhibit
biological activity in the POTW treatment plant resulting in Interference,
27 but in no case Wastewater which causes the temperature at the
introduction into the POTW Treatment Plant to exceed forty degrees
28 Centigrade (one hundred four degrees Fahrenheit);
zoo 21
soz4-o s 1 - -
September 8, 1997
AN ORDINANCE AI O DIREQUIRE OF THE SAN
E CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM TO COMP ANCE WITH STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 I. Any Pollutants, including oxygen demanding pollutants (BOD, etc.),
released at a flow rate and/or Pollutant concentration which will cause
2 Interference, Pass Through, or otherwise cause violation of the NPDES
Permit or receiving water quality standards;
3
J. Any Wastewater containing any radioactive wastes or isotopes except
4 in compliance with applicable State or Federal regulations;
5 K. Any discharge which may, alone or in combination with other waste
substances, result in the presence of toxic or poisonous solids, liquids,
6 gases, vapors, or fumes in the POTW in such quantities that would
create a hazard, public nuisance, or acute worker health and safety
7 problems;
8 L. Any storm water, groundwater,well water, street drainage, sub-surface
drainage, roof drainage, yard drainage, water from yard fountains,
g ponds, lawn sprinklers, or any type of surface water or unpolluted water.
The Director may approve, on a temporary basis, the discharge of such
10 waters to the POTW when no reasonable alternative method of disposal
is available, subject to the payment of all applicable User charges and
11 fees by the Discharger. Water from swimming pools, wading pools, and
therapy pools may be discharged to the Sewerage System between
12 8:00 p.m. and 6:00 a.m. unless specifically prohibited by the Director.
The Director may approve the discharge of unpolluted water from the
13 City's geothermal facility subject to the payment by the Discharger of all
applicable User charges and fees;
14
M. Any Wastewater, sludge or Domestic Liquid Waste removed from a
j 15 cesspool, septic tank, chemical toilet or similar waste holding device,
except such wastes which are discharged to the POTW in accordance
16 with a Wastewater Discharge Permit issued by the City. No
Wastehauler discharging Domestic Liquid Waste to the POTW shall
17 discharge constituents in excess of the limits for Wastehaulers set forth
in Table 2 of Section 13.32.240;
18
N. Any trucked or hauled Pollutants or Wastewater, except at such place
19 and in such manner as authorized by a Wastewater Discharge Permit
issued by the City;
20
O. Any pesticides or fertilizers in amounts which may cause Interference
21 or Pass Through;
22 P. Any non-biodegradable cutting oil, petroleum oil, refined petroleum
products, or products of mineral oil origin in amounts which could cause
23 Interference or Pass Through;
24 Q. Any material or quantity of material which causes or may cause damage
to any part of the Public Sewers or Wastewater Treatment Facilities, or
25 abnormal sulfide generation or abnormal maintenance or operation
costs of any part of the Public Sewers or Wastewater Treatment
26 Facilities.
27 R. Any substances containing polychlorinated biphenyls (PCBs). PCBs
include, but are not limited to, the following: Aroclors 1016, 1221, 1228,
28 1232, 1242, 1248, 1254, 1260 and 1262;
2001-00001 - 22 - September 8, 1997
50246_1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIESTO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 S. Any excessive quantities of dispersed biodegradable oils or fats such
as lard, tallow, or vegetable oil or any other substances that may
2 precipitate, solidify, or become viscous at temperatures between forty
and one hundred degrees Fahrenheit;
3
T. Any Pretreatment Wastes. All Pretreatment Wastes shall be disposed
4 of in accordance with all applicable Federal, State, County, and other
local laws and regulations.
5
6 13 32 215 Prohibition Against Discharging Solid or Fluid Material to Watercourse. No
7 Person shall discharge or cause to be discharged into any storm drain, storm water channel,
8 or natural watercourse, whether currently carrying water or not, or into any pipe, parking lot,
9 street, gutter, or waterway leading to such drain, channel, or watercourse, any solid or fluid
10 material which will impair the useful functioning of such drain, channel, or watercourse, or
11 which will cause expense to the City, or other public agency, in maintaining the proper
12 functioning of same, or which will cause or threaten to cause a public nuisance, public
13 hazard, or pollution of Waters of the State.
14 13 32 220 Prohibition Against Discharging Pollutants to the Ground. No person shall
a 15 deposit or discharge, or cause to be deposited or discharged, into any sump which is not
16 impermeable, or into any pit or well, or onto the ground, or into any storm drain or
17 watercourse, any material which, by entering, seeping underground or by being leached,or
18 by reacting with the soil, can pollute usable surface or groundwaters.
19 13.32.222 Point of Discharge Limits. No person, excluding authorized City personnel
20 involved in maintenance of POTW facilities, shall discharge any Wastewater directly into the
21 POTW other than through an approved building sewer, unless written permission for the
22 discharge has been granted by the Director.
23 13.32.223 Prohibition Against Dilution. No person shall increase the use of process
24 water or, in any way attempt to dilute a discharge as a partial or complete substitute for
25 adequate treatment to achieve compliance with Categorical Standards, the discharge limits
26 contained in this Chapter or in any Wastewater Discharge Permit, or any other Pollutant limit
27 developed by the City.
28 /////
2001-00001_ - 23 - Se tember 8, 1997
so246as 1 p
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER I
FACILITIES REVISE INDUSTRIAL SEWER O COMPLIANCE CORRECTIONS
AL AND STATE WASTEWATER STANDARDS,
TO REVISE FOR VIOLATION OF DISCHARGE STANDARD ND TO MAKE VARIOUS TECHNICAL
1 13 32 225 Special Restrictions Vehicle Servicing Facilities.
2 A. Any facility maintained for the servicing, repair, washing, or cleaning of any
vehicles or roadway machinery, including car and truck washes, which
3 discharges Nondomestic Wastewater, shall install and maintain a Gravity
Separation Interceptor in accordance with Section 13.32.253. Wastewater
4 from toilets shall not be allowed to pass through the interceptor, but all
Wastewaters arising from the servicing, repair, washing or cleaning of vehicles
5 shall pass through the interceptor before discharge to the POTW.
6 1. If the vehicle servicing facility is only capable of serving one vehicle at
a time, the interceptor shall have a fluid detention capacity of at least
7 100 gallons.
8 2. If the vehicle servicing facility has facilities for servicing, repair,washing,
or cleaning more than one vehicle at a time, the interceptor shall be as
9 large as necessary so that 7-day accumulation of sand and oil will not
together fill more than 25 percent of the fluid capacity, and shall have
10 a fluid detention capacity of at least 750 gallons. The interceptor shall
be designed so as to retain any oil and grease which will float and any
11 sand which will settle.
12 B. Any interceptor legally and properly installed at a vehicle servicing facility
before June 2, 1990 shall be acceptable as an alternative to the interceptor
13 specified in Section 13.32.225.A. provided such interceptor is properly
maintained, effective in removing sand and oil, and designed and installed so
14 that it can be inspected.
15 C. The Building Official shall not approve the plumbing of a vehicle servicing
facility which is designed to accommodate the discharge of Nondomestic
16 Wastewater if it does not have a Gravity Separation Interceptor meeting the
requirements of this section.
17
13 32 230 Restrictions on Water-Softening Wastes.
18
A. It is unlawful to install, replace, or enlarge apparatus for softening all or any
19 part of the water supply to any residential Premises when such apparatus is an
ion-exchange softener or demineralizer of the type that is regenerated on the
20 site of use, except as otherwise authorized by the provisions of California
Health and Safety Code Sections 116775 through 116795, inclusive, and any
21 amendment thereto.
22 B. This section shall not apply to existing units nor to apparatus of the type which
is regenerated off-site by a water conditioning company.
23
C. This section shall not apply to any type of commercial or industrial softening
24 apparatus, which will be considered individually in connection with
Nondomestic Wastewater controls. (Ord. MC-273, 5-23-83; Ord. 3693 §10,
25 1977)
26 13 23 231 Inspection of Water-Treating Apparatus. A Person installing or operating
27 water-treating apparatus of any kind shall make such apparatus accessible to the Director
28 for inspection at all times and shall make such reports relative to such apparatus as the
2001-00001 - 24 - September 8, 1997
50246_1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
• TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 Director may request. (Ord. MC-273, 5-23-83; Ord. 3693 §11, 1977)
2 13 32 235 Special Restrictions Food Processing Facilities. All food processing
3 facilities, including restaurants, which discharge food processing wastes to the POTW, shall
4 direct all Wastewaterfrom floor drains and sinks in the food processing area,waste container
5 wash racks, and dishwashers through a minimum of 100 gallon Gravity Separation
6 Interceptor in accordance with Section 13.32.253. All Domestic Wastewaters from
7 restrooms, showers, mop sinks, and drinking fountains shall be kept separate until the
8 previously specified wastes have passed through the interceptor. Sizing of interceptor shall
9 be determined as described in the Uniform Plumbing Code, Appendix H, as adopted by the
10 City of San Bernardino except that the capacity of the interceptor shall not be less than 100
11 gallons, unless a smaller size is allowed by a Conditional Waiver.
12 13.32.237 Conditional Waivers. Conditional waivers modifying or waiving the Gravity
13 Separation Interceptor requirements may be granted by the Director for those restaurants
14 and other food processing facilities determined not to have the potential to adversely affect
15 the POTW. Conditional waivers may be revoked for the following reasons:
16 A. Changes in types of food prepared or served,
17 B. Falsification of information submitted to the City;
18 C. Changes in operating hours;
19 D. Changes in equipment used.
20 13 32 240 Specific Local Discharge Limits. Except as specifically allowed by the
21 Director on a temporary basis or as provided herein, no Person shall discharge or cause to
22 be discharged to the POTW any Wastewater unless it conforms to all of the applicable Local
23 Discharge Limits as set forth Izelow in Table I.
24 11111
25 11111
26 11111
27 11111
28 11111
2001-00001
50246 - 25 - September 8, 1997
AN ORDINANCE OF THE CITY OF SAN BERNARDINO.CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 TABLE 1
2 LOCAL DISCHARGE LIMITS*
[Instantaneous Maximum Allowable Discharge Limits]
3
CONSTITUENT MILLIGRAMS/LITER
4 Arsenic 0.9
Cadmium 0.2
5 Chromium (Total) 2.3
Copper 7.4
6 Lead 2.2
Mercury 0.1
7 Nickel 2.3
Silver 2.5
8 Zinc 8.4
Cyanide 1.5
9 Total Toxic Organics (TTO) 2.13
Phenol 2.13
10 Sodium 495
Chloride 990
11 Sulfate 382
Boron 1.0
12 Fluoride 3.8
13 TABLE 2
LIMITS FOR
14 WASTE HAULERS DISCHARGING DOMESTIC WASTE
15 CONSTITUENT MILLIGRAMS/LITER
Arsenic 0.9
16 Cadmium 0.3
Chromium (total) 2.3
17 Copper 15.0
Lead 4.0
18 Nickel 2.3
Zinc 31.0
19
*Users subject to Categorical Pretreatment Standards may be
20 required to meet more stringent limits.
21 The above limits apply at the point where the Wastewater is discharged to the POTW.
22 The Director may impose average daily, monthly and/or mass limits in addition to the
23 instantaneous concentration based limits set forth in Table I.
24 13 32 242 Prohibition on Disposal of Spent Solutions and Sludges. No User shall
25 discharge to the POTW Spent Solutions, sludges, or any other materials of a quantity or
26 quality in violation of or prohibited by this Chapter or any Permit issued pursuant to this
27 Chapter. All waste manifests for such materials shall be retained for a minimum of three
28 years, and made available to the City upon request.
2001-0000
50246 - 26 - September 8, 1997
AN N I I O CHAPTER REQUIRE O F I MUNICIPAL O ENTITLED
FACILITIES O REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TOCOMPLIAN E WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 13 32 243 Prohibition on Discharge of Medical Waste. No Person shall discharge to
2 the POTW medical wastes from hospitals, clinics, offices of medical doctors, convalescent
3 homes, medical laboratories,other medical facilities or any other locations exceptwhere prior
4 written authorization for such discharges is given by the Director following the Director's
5 determination that the discharge will not, alone or in conjunction with other discharges,
6 adversely affect the operation and maintenance of the POTW. If written authorization for
7 such a discharge is given, the Director shall have the authorityto require that any discharge
8 of an infectious waste to the sewer be rendered non-infectious prior to discharge if the
9 infectious waste is deemed to pose a threat to the public health and safety, or will result in
10 any violation of applicable waste discharge requirements.
11 13 32 245 Categorical Pretreatment Standards. Promulgated National Categorical
12 Pretreatment Standards, located in 40 CFR Chapter I, Subchapter N, Parts 405-471, are
13 hereby incorporated into this Chapter. Upon the promulgation of new or revised Categorical
14 Pretreatment Standards for a particular industrial subcategory, the new or revised
it 15 Categorical Pretreatment Standards shall immediately be deemed incorporated herein. The
'{ 16 Director shall notify affected Users of applicable reporting requirements under 40 CFR,
4
17 Chapter I, Subchapter N, Parts 401, et seq.
18 No User subject to Categorical Pretreatment Standards shall discharge or cause to
19 be discharged to the POTW any Wastewater which is not in conformance with the discharge
20 limits set forth in the Categorical Pretreatment Standards, including any revisions thereof.
21 Notwithstanding the foregoing,a User may obtain a variance from a Categorical Pretreatment
22 Standard in accordance with the provisions of 40 CFR 403.13 and by establishing to the
23 satisfaction of the Director, that the discharge will not adversely affect POTW operation and
24 maintenance.
25 In the event that a Categorical Pretreatment Standard establishes a discharge limit
26 which conflicts with a local discharge limit, the more stringent discharge limit shall apply.
27
28
2001-00001 -27 - September 8, 1997
502461
AN ORDINANCE I BERNARDINO,CALIFORNIA,AMENDING CHAPTER OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER O REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 13.32.247 Mass Emission Rates.
2 A. Mass emission rates for Pollutants that are present or anticipated in a User's
3 Wastewater discharge may be set for each User and made an applicable part of each User's
4 Permit. These rates shall be based on Table I of Section 13.32.240 or Categorical
5 Pretreatment Standards, and the User's average daily wastewater discharge for the past
6 three years, the most recent representative data, or other data acceptable to the Director.
7 B. To verify the User's operating data, the Director may require a User to submit
8 an inventory of all Wastewater streams and/or records indicating production rates.
9 C. The Director may revise limits or mass emission rates previously established
10 in the User's permit at any time, based on: (1) current or anticipated operating data of the
11 discharger or the City; (2) the City's ability to meet NPDES limits; or (3) changes in the
12 requirements of regulatory agencies.
13 D. The excess use of water to establish an artificially high flow rate for mass
14 emission rate determination is prohibited.
15 13.32.250 Pretreatment. Users shall provide necessary Wastewater treatment as
16 required to comply with this Chapter and shall achieve compliance with all applicable,
17 promulgated Categorical Standards within the time limitations specified therein. Any facilities
18 required to pretreat Wastewater to meet applicable discharge limits shall be constructed,
19 operated, and maintained in proper operating condition at the User's expense.
20 Upon request by the Director, Users shall provide to the City detailed construction
21 drawings and plumbing plans showing existing process equipment, pretreatment facilities,
22 spill containment facilities, monitoring facilities, metering facilities, and a description of
23 existing operating procedures. Priorto construction of new or modified facilities, Users shall
24 submit to the Director for review and acceptance, detailed construction plans and a
25 description of proposed operating procedures for any new equipment or facilities. Usersshall
26 submit any subsequent changes in operating procedures of the equipment or facilities to the
27 Director for review and acceptance prior to initiation of the changes. The review and
28 acceptance of such drawings and operating procedures by the Director shall not relieve the
2001-00001 - 28 - September 8, 1997
50246_1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 User from the responsibility of modifying the equipment or facilities as necessary to produce
2 an Effluent in compliance with all provisions of this Chapter.
3 13 32 252 Prohibited Discharge of Recovered Pretreatment Wastes. No Person shall
4 discharge wastes recovered from pretreatment devices into any sewer or storm drain
5 opening,any drains or other openings leading to any sewer or storm drain, parking lot, street,
6 curb and gutter, or the ground. All recovered Pretreatment Wastes shall be disposed of in
7 accordance with all applicable Federal, State, County and local laws and regulations.
8 13 32 253 Gravity Separation Interceptor. The Director may require a User to install,
9 operate and maintain a Gravity Separation Interceptor to prevent the discharge of grease,
10 sand or other harmful materials upon a determination that the Discharge is causing or may
11 cause an adverse impact on the POTW. Any person so required by the Director, shall install
12 and maintain a Gravity Separation Interceptor. Domestic Wastewater shall not be allowed
13 to pass through this interceptor. This interceptor shall have an operational fluid capacity of
14 not less than 100 gallons and shall be designed so as to retain any material which will float
15 and any material which will settle. The interceptor shall be watertight, structurally sound, and
16 durable. Interceptors of less than 750 gallons capacity and interceptors for restaurants and
17 food processing facilities shall have no less than two compartments. Interceptors of 750
18 gallons or largerto be used for other than food processing and restaurant wastes shall have
19 no less than three compartments.
20 A. Interceptor Requirements.
21 1. All interceptor chambers shall be immediately accessible at all times for
the purpose of inspection and cleaning. At no time shall any material,
22 debris, obstacles or obstructions be placed in such a manner so as to
prevent immediate access to the interceptor.
23
2. All interceptors of 300 gallons capacity or larger shall be equipped with
24 a sample chamber located.at the downstream end of the interceptor.
The sample chamber shall have a 24 inch square, or 24 inch diameter,
25 clear opening for the temporary installation of the City's portable
automatic sampling equipment. Any sample chamber legally and
26 properly installed before the effective date of this Chapter shall be
acceptable as an alternative to the sample chamber specified herein,
27 provided such sample chamber is so designed and installed that the
City's portable automatic sampling equipment may be readily installed
28 therein, or the owner provides a secure and protected location for
installation of such sampling equipment within an 8 foot radius of the
2001-00001
502461 - 29 - September 8, 1997
AN ORDINANCE OF THE CITY OF SAN BERNARDINO.CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 sample chamber.
2 3. Any interceptor legally and properly installed before the effective date
of this Chapter shall be acceptable as an alternative to the interceptor
3 specified herein, provided such interceptor is effective in removing
floatable and settleable material and is so designed and installed that
4 it can be inspected and properly maintained.
5 4. If the Director finds that an interceptor is incapable of adequately
retaining the floatable and settleable material in the Wastewater flow or
6 is structurally incomplete, he shall notify the owner that it does not meet
the requirements of this section and shall require the User to install, at
7 the User's expense, an acceptable interceptor.
8 B. Interceptor Approval.
9 If a gravity separation interceptor is required, the Building Official shall
only approve plumbing plans which include an interceptor which meets
10 the requirements of this section.
11 C. Interceptor Maintenance.
12 Any person who owns, operates, or maintains a Gravity Separation
Interceptor shall maintain it properly. It shall be cleaned as often as is
13 necessary to ensure that sediment and floating materials do not
accumulate to impair the efficiency of the interceptor. The use of
14 chemicals to dissolve grease is specifically prohibited. When an
interceptor is cleaned, the accumulated sediment and floating material
15 shall be removed and legally disposed of otherwise than to the sewer.
An interceptor is not considered to be properly maintained if for any
16 reason it is not in good working condition or if the operational fluid
capacity has been reduced by more than 25% by the accumulation of
17 floating and settling solids, oils and grease. The owner of any facility
required to install an interceptor, the lessee and sub-lessee, if there be
18 such, and any proprietor, operator or superintendent of such facility are
individually and severally liable for any failure of proper maintenance of
19 such interceptor. If the interceptor is not properly maintained under the
conditions of use, the Director may require that the interceptor be
20 resized and replaced.
21 13 32.255 Monitoring Facilities. The City may require, at the User's expense,
22 installation and operation of monitoring facilities to allow inspection of discharges to the
23 POTW, monitoring of Wastewater quality, and collection of Wastewater samples. The
24 monitoring facilities, including sampling and monitoring equipment, shall be maintained at all
25 times in a safe and proper operating condition at the expense of the User. The City may
26 require that the monitoring facilities include a security enclosure that can be locked with a
27 City provided hasp lock, or similar device, during monitoring or upon termination of service.
28
2001-00001
50246_1 - 30 - Sep4ember S, 1997
AN ORDINANCE OF THE CITY OF SAN BERNARDINO.CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERALAND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 Monitoring facilities shall normally be situated on private property, but the City may,
2 when such a location would be impractical, allow the facilities to be constructed in public
3 right-of-way.
4 There shall be ample room in or near any monitoring facility to allow installation of
5 portable sampling and monitoring equipment by the Director.
6 Construction Drawings for proposed monitoring facilities shall be submitted to the
7 Director for review prior to construction. The sampling and monitoring facilities shall be
8 constructed in accordance with the City's requirements and all applicable local construction
9 standards and specifications. Construction shall be completed within 90 days following
10 written acceptance by the Director.
11 13 32 257 Flow Metering Facilities. The Director may require any Class I or Class II
12 User to install a flow meter capable of measuring, recording, and totalizing the discharge to
13 the POTW on a continuous basis. The flow measuring equipment shall conform to the
14 requirements of the Director.
15 13 32 260 Inspection and Sampling. The Director shall have the right to enter the
3
16 Premises of any User where Nondomestic Wastewater is created or discharged during all
17 times that the User's facility is open, operating or at any other reasonable time to determine
18 whether the User is complying with all requirements of this Chapter and any Wastewater
19 Discharge Permit or administrative order issued hereunder. The Users or the occupants of
20 such Premises shall allow the Director ready access to all parts of the Premises for purposes
21 of inspection, sampling, examination and copying of records, and any other activities related
22 to determining compliance with this Chapter. Unreasonable delay in allowing the Director
23 access to the User's Premises shall constitute a violation of this Chapter.
24 The Director shall inspect the facilities of each Class I and Class II User a minimum
25 of once each year, and shall sample the discharge of each Class I and Class II User a
26 minimum of once each year.
27 The Director shall have the right to set up on the User's property such devices as are
28 necessary to conduct sampling inspection, compliance monitoring, and/or metering
2001-00001 - 31 - September 8, 1997
50246_1
AN ORDINANCE I BERNARDINO,CALIFORNIA, REQUIRE OF THE SAN
BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
ES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER AMENDING
YSTEM,TO COMPL A CE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 operations. Where a User has security measures in force, which would require proper
2 identification and clearance before entry into their Premises, the User shall make necessary
3 arrangements with their security guards so that upon presentation of suitable identification,
4 the Director will be permitted to enter, without delay,for purposes of performing the functions
5 described in this Section.
6 13 32 262 Sampling and Analysis - Fee - Billing.
7 A. Sampling and analysis shall be at the expense of the User. The actual cost for
laboratory analyses and reports and an administrative fee, shall be the
8 obligation of the occupants of the Premises where the Wastewater is created
or discharged.
9
B. The administrative fee shall be fixed by the Board based on the Municipal
10 Water Department's current overhead cost allocation percentage.
11 C. The expense to be paid by the User shall be billed and be payable the same
as for other sewer-use charges.
12
13 13.32.265 Confidential Information. Information and data regarding a User, obtained
14 from reports,questionnaires, Permit applications,Permits and monitoring programs,and from
15 inspections, shall be available without restriction to the EPA,the State Water Board, and the
16 Regional Board. Such information shall also be available to the public or other governmental
17 agencies without restriction unless the User specifically requests and is able to demonstrate
18 to the satisfaction of the Director that the release of such information would divulge
19 information, processes, or methods of production entitled to protection as trade secrets of
20 the User. Any such request shall be asserted at the time of submission of the information
21 or data and marked"Confidential Business Information"by the User on each page containing
22 information asserted to be trade secrets. The demonstration of the need for confidentiality
23 made by the User must meet the burden necessary for withholding such information from the
24 general public under applicable State and Federal law. Wastewater constituents and
25 characteristics and other effluent data as defined in 40 CFR 2.302 shall not constitute
26 confidential information and shall be available to the public without restriction.
27 Information which a User demonstrates to constitute a trade secret shall not be made
28 available for inspection by the public without prior notification to the User, but shall be made
2001-00001 - 32 - September 8, 1997
50246_1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIESTO REVISE INDUSTRIAL LM TS FOR DISCHARGE INO SEWER SYSTEM,TEM,TO REQUIRE COMP COMPLIANCE WITH FEDEERAL AN STATEE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 available to the EPA, the State Water Board, and the Regional Board, and upon written
2 request, to other governmental agencies for uses related to this Chapter, the NPDES Permit,
3 or other State regulations. Such information shall also be available for use in judicial review
4 or enforcement proceedings involving the User furnishing the information.
5 13 32 267 Industrial User Survey. The Director shall prepare and maintain a current
6 list of Industrial Users subject to the requirements of this Chapter. Each Industrial User listed
7 shall be identified by Class. Class I Industrial Users shall be further identified by a citation
8 of the applicable, promulgated Categorical Standards. At least once every two years, the
9 Director shall conduct a survey of facilities located within the POTW Service Area to identify
10 any facilities which should be added to the list of Industrial Users.
11 13 32 270 Reporting Changes in Discharge, Slug Loading and Potential Problems.
12 All Industrial Users shall promptly notify the City in advance of any substantial change in the
13 volume or character of Pollutants in their discharge. If any routine or special sampling or
14 monitoring by an Industrial User indicates that, for any reason, Pollutants are discharged at
15 a rate or concentration which may cause Pass Through or Interference with the POTW, a
16 violation of Categorical Standards or Permit limits, violation of Sections 13.32.211 or
17 13.32.240, or a hazard to City, POTW personnel and/or, the public, the User shall verbally
18 notify the Director and POTW staff immediately. If the discharge to the Sewerage System
19 has the potential to cause a fire or explosion hazard, the Industrial User shall also
20 immediately notify the fire department. The verbal report to the City shall be followed by a
21 written report submitted to the Director within 24 hours describing the cause of the incident
22 and corrective action taken by the User. The User shall also collect a representative repeat
23 sample of the discharge and submit the analysis to the City within 30 days after the incident
24 to determine whether compliance has been achieved.
25 The notification provided pursuant to this Section shall not relieve the User of any
26 expense, loss, damage or other liability which may be incurred pursuant to this Chapter or
27 other applicable law.
28 /////
2001-00001 - 33 - September 8, 1997
50246_1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 13 32 272 Notification of Bypass.
2 A. Bypass of Nondomestic Wastewater to the Sewerage System is prohibited.
3 The City may take enforcement action against the User unless:
4 1. Bypass was unavoidable because it was done to prevent loss of life,
personal injury, or severe property damage;
5
2. There were no feasible alternatives to the Bypass, such as the use of
6 auxiliary treatment facilities, retention of untreated wastes, elective
slow-down or shut-down of production units or maintenance during
7 periods of production downtime. This condition is not satisfied if
adequate backup equipment could have been feasibly installed in the
8 exercise of reasonable engineering judgment to prevent a Bypasswhich
occurred during normal periods of equipment downtime or preventative
9 maintenance; and
10 3. The Permittee submitted notices as required under Section
13.32.272.B.
11
4. Notwithstanding the foregoing, the User shall be liable to the City for
12 any expenses or costs incurred by the City as a result of a Bypass.
13 B. If a Permittee knows in advance of the need for a Bypass, it shall submit a
14 written request to allow the Bypass to the Director, if possible, at least ten (10) days before
15 the date of the Bypass.
16 C. The Director may approve an anticipated Bypass at his sole discretion after
17 considering its adverse affects, and the Director determines that the conditions listed in
18 Section 13.32.272.A (1-3) are met.
19 D. A Permittee shall provide telephone notification to the City of an unanticipated
20 Bypass that exceeds its permitted discharge limits within four hours from the time the
21 Permittee becomes aware of the Bypass. A written report shall also be provided within five
22 (5) days of the time the Permittee becomes aware or could reasonably have been aware of
23 the Bypass. The report shall contain a description of the Bypass and its cause; the duration
24 of the Bypass, including exact dates and times,.and, if the Bypass has not been corrected,
25 the anticipated time it is expected to continue; and steps taken or planned to reduce,
26 eliminate, and prevent recurrence of the Bypass. Failure to submit oral notice or written
27 report may be grounds for permit revocation.
28 / // //
2001-00001
502461 - 34 - September 8, 1997
CODE ENTITLED
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER CHAPTER IYSTEM.TO REQUIREOCOMPLIANCE WITH FEDERAL AIND STATE WASTEWATER STANDAARDS,THE SAN BERNARDINO
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 13 32 275 Annual Public Notice of Significant Noncompliance. The Director shall
2 publish annually in the largest daily newspaper published in the Service Area, a list of all
3 Industrial Users determined to have been in Significant Noncompliance with applicable
4 Pretreatment Standards or Requirements during the previous twelve months.
5 13 32 280 Damage to City's Equipment or Facilities. Any unauthorized entering,
6 breaking, damaging, destroying, uncovering, defacing, or tampering with any temporary or
7 permanent structure, equipment, or appurtenance which is part of the POTW shall be a
8 violation of this Chapter.
9 13 32 282 Compensation for Unauthorized Discharges. Any User who discharges
10 Wastewater which impairs, interferes with or damages the POTW, its operations or
11 monitoring equipment, detrimentally affects the Wastewater treatment process, significantly
12 increases POTW operation costs, requires non-routine inspection and/or sampling, or results
13 in any other damages, costs or expenses, including the imposition of fines or penalties on
14 the City, shall be liable to the City for all damages, costs and expenses occasioned thereby.
15 An administrative fee, which shall be fixed by the Board based on the Municipal Water
tion percentage, shall be added to these charges.
16 Department's current overhead cost alloca
17 The City's total expenses shall be payable within 30 days of invoicing by the City.
18 13 32 286 City's Right of Revision. The City reserves the right to amend this Chapter
19 to impose more stringent discharge limits or requirements if deemed appropriate to advance
20 the objectives presented in Section 13.32.100 of this Chapter.
21 13.32.295 Interpretation. The provisions of this Chapter are to be reasonably
22 interpreted. It is the intent herein to recognize that there are varying degrees of hazard to
23 surface and underground waters and to apply the principal that the degree of protection
24 should be commensurate with the degree of hazard.
25 13.32.296 Severability. If any provision, paragraph, word, section, or article of this
26 Chapter is invalidated by any court of competent jurisdiction, the remaining provisions,
27 paragraphs,words, sections, and articles shall not be affected and shall continue in full force
28 and effect.
2001-00001 - 35 - September 8, 1997
50246_1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 III. PERMITS:
2 13 32 300 Wastewater Discharge Permits. All Class I, Class II, Class IV and Class
3 V Users and those Class III Users so notified by the Director, which propose to connect or
4 to discharge to the POTW, shall obtain a Wastewater Discharge Permit before connecting
5 to or discharging to the POTW. Obtaining a Wastewater Discharge Permit shall not relieve
6 a Permittee of its obligation to comply with any other applicable requirements of Federal,
7 State and/or local law.
8 13 32 305 Permit Applications. Users required to obtain a Permit shall complete and
9 file with the Director an application in a form prescribed by him and submit any required
10 application, filing, or Permit fee. Applicable Permit fees shall be established by separate
11 resolution or ordinance, as appropriate, of the City.
12 New Class I and Class II Users shall apply for a Permit at least 90 days prior to
13 connecting to or discharging to the POTW. Class III Users shall apply for a Permitwithin 30
14 days after receiving notification to apply from the Director. Class IV Users shall apply for a
15 Permit at least 10 days prior to the proposed discharge. Class V Users shall apply for a
16 Permit at least 30 days prior to the proposed discharge.
17 The following information may be required with the Permit application:
18 A. Name, address, and location of the facility (if different from the address);
19 B. Names and addresses of the operator and owner, if different than above;
20 C. Name and address of any and all principals, owners, major shareholders of
company, Articles of Incorporation; Business License (if applicable),
21
D. Name and address of property owners, landlord and/or property manager of
22 the facility site;
23 E. SIC number according to the Standard Industrial Classification Manual, Bureau
of the Budget, 1987, as amended;
24
F. Wastewater constituents and characteristics of the proposed discharge, as
25 determined by a State certified analytical laboratory using approved analytical
methods and sampling procedures in accordance with 40 CFR 136 and 40
26 CFR 403.12(b)(5), and other EPA approved analytical methods;
27 G. Time, volume and duration of proposed discharge(s);
28 1111/
2001-00001 - 36 - September 8, 1997
50246_1
i
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA,AMENDING CHAPTER 13 32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 H. Average daily, peak daily, and 15-minute peak Wastewater flow rates,
including daily, monthly, and seasonal variations, if any;
2
I. Site plans, floor plans, mechanical and plumbing plans, including details
3 showing all sewers,sewer connections,treatment facilities, and appurtenances
by the size, location and elevation. If required by the Director, such plans shall
4 be certified by a Civil Engineer registered in the State of California;
5 J. An 81/2" x 11" process flow schematic diagram. If required by the Director, the
diagram shall be certified by a Civil Engineer registered in the State of
6 California;
7 K. Descriptions of activities, facilities, operations and planned processes on the
Premises including all materials which are or could be discharged;
8
L. Number and type of employees, and hours of plant operation, and proposed
9 or actual hours of pretreatment system operation;
10 M. The Categorical Pretreatment Standards applicable to each regulated process;
11 N. A time schedule for compliance with any Categorical Standards or provisions
of this Chapter for which immediate compliance is not possible;
12
O. A list of any environmental control permits held by or for the User's facility, and
13 a copy of the San Bernardino County "Business Plan" which addresses the
location, type, and quantity of hazardous materials handled by the User;
14
P. Water supplier and water account numbers;
15
Q. Volume of cooling tower capacity, if applicable,
16
R. Waste minimization and water conservation practices;
17
S. Production-records, if applicable;
18
T. Waste manifests, if applicable;
19
U. EPA Hazardous Waste Generator Number, if applicable;
20
V. Additional information may be required of Wastehaulers, including the
21 following:
22 1. A description of the industries and clients using the applicant's services;
23 2. Name and address of leaseholder of the vehicle or trailer, if applicable;
24 3. Number of trucks and trailers used and the license numbers and tank
hauling capacity of each,
25
4. A copy of the Applicant's San Bernardino County Health Department
26 Permit.
27 W. Any other information as may be deemed by the Director to be appropriate to
evaluate the discharge to the POTW.
28
2001-00001 - 37 - September 8, 1997
50246_1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 After evaluation and acceptance of the data, the Director may issue a Wastewater
2 Discharge Permit subject to terms and conditions provided in this Chapter.
3 13.32.310 Permit Modifications. Within 90 days of the promulgation of a new or
4 changed Categorical Standard which is more restrictive than the limits established in this
5 Chapter, Permits for Users subject to the Categorical Standards shall be revised to require
6 compliance within the time frame prescribed by the new standard. Where an affected User
7 has not previously submitted an application for a Permit as required by Section 13.32.305,
8 the User shall apply within 180 days after the promulgation of the applicable Categorical
9 Standard. In addition, Users with existing Permits shall submit to the Director, within 180
10 days after the promulgation of an applicable Categorical Standard, a time schedule for
11 compliance with the Categorical Standard.
12 The terms and conditions of any Permit may be subject to modification by the Director
13 during the term of the Permit if discharge limits or requirements, as referenced in Sections
14 13.32.210 and 13.32.240, are modified or other good cause exists. The User shall be
15 informed of any proposed changes in the Permit at least 30 days prior to the effective date
16 of change. Any changes or new conditions in a Permit shall include a reasonable time
17 schedule for compliance. Good cause for Permit modification includes, but is not limited to,
18 the following reasons:
19 A. To incorporate new or revised Categorical Standards or to incorporate other
new or revised Federal, State or local standards or requirements;
20
B. To address significant alterations or additions to the User's operation,
21 processes, or wastewater volume or character since the time of Permit
issuance-,
22
C. A change in the POTW operations that requires either a temporary or
23 permanent reduction or elimination of the authorized discharge;
24 D. Information indicating that the permitted discharge poses a threat to the
POTW, City employees, the public or the receiving waters;
25
E. The User's actual discharge is significantly different than the proposed
26 discharge identified in the User's Permit application;
27 F. Changes in the requirements of regulatory agencies which affect the City; or
28
2001-00001 - 38 - September 8, 1997
502461
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 G. A determination by the Director that modification is appropriate to further the
objectives of this Chapter.
2
13.32.315 Permit Contents. Wastewater Discharge Permits shall be expressly subject
3
to all provisions of this Chapter and all other applicable regulations, and such charges and
4
fees established, as appropriate, by City resolution or ordinance.
5
A. Class I and Class II Permits shall contain at least the following:
6
1. Statement of permit duration;
7
2. Statement of permit non-transferability;
8
3. Discharge limits based on applicable Pretreatment Standards and/or
9 local limits, including but not limited to discharge limits on the average
and/or maximum Wastewater constituents and characteristics;
10
4. Specifications for monitoring programs which may include: Pollutants to
11 be monitored; sampling location(s); frequency of sampling; sample
type(s); number,types and standards fortests; and a reporting schedule
12 for submitting to the City reports, data and records relating to production
levels and Wastewater discharges to the POTW.
13
5. Statement of applicable civil and criminal penalties for violation of
14 Pretreatment Standards and Requirements;
15 6. Compliance Time Schedule(s) where required.
16 B. Permits may also contain the following:
17 1. The unit charge or schedule of User charges and fees for the
Wastewater discharged to the POTW;
18
2. Schedule of penalty fees for noncompliance;
19
3. Limits on the average and/or maximum discharge, time of discharge,
20 and/or requirements for flow regulation and equalization.
21 4. Instantaneous concentration discharge limits and/or mass emission
discharge limits.
22
5. Requirements for installation and maintenance of inspection and
23 sampling facilities;
24 6. Requirements for the installation of pretreatment technology, pH control
equipment,flow monitoring facilities, sampling facilities,development of
25 pollution control plans and/or other special conditions including
management practices appropriate to prevent accidental, unanticipated
26 or nonroutine discharges;
27 7. Requirements for development and implementation of waste
minimization plans to reduce the amount of Pollutants discharged to the
28 POTW.
2001-00001
502461 - 39 - September 8, 1997
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 8. Requirements for installation and maintenance of spill containment
systems;
2
9. Requirements for submission of technical or discharge reports;
3
10. Requirements for maintaining and retaining plant records relating to the
4 Wastewater discharge as specified by the Director;
5 11. Requirements for notification of slug or accidental discharges, and/or
discharges of Hazardous Waste;
6
12. Requirements for submittal of Slug Discharge Control Plans and/or
7 Solvent Management Plans;
8 13. Requirements to submit tax and water bills;
9 14. Requirements for maintaining and submitting waste manifests and/or
waste hauling records;
10
15. Other conditions as deemed appropriate by the Director to ensure
11 protection of the POTW and compliance with this Chapter.
12 13.32.320 Permit Duration. Permits shall be issued for a specified time period, not to
13 exceed three (3) years for Class I and Class II Permits, and shall identify the Permit
14 expiration date. The User shall apply for a Permit re-issuance a minimum of 90 days prior
15 to the expiration of the User's existing Permit.
16 13.32.325 Permit Transfer. Permits are issued to a specific User for a specific
17 operation. Except as expressly set forth in this section, a Permit shall not be reassigned,
18 transferred, or sold to a new owner or User, different Premises, or a new or changed
19 operation. A Class III User's Permit may be reassigned or transferred upon the prior written
20 approval of the Director.
21 13 32.330 Reporting Requirements. In addition to reporting potential problems (see
22 Sections 13.32.270 and 13.32.272), Industrial Users,at their sole expense, may be required
23 to submit one or more of the following types of reports to the City:
24 A. Self-Monitoring Reports:
25 The Director may require a Permittee to submit periodic self-monitoring reports
containing a description of the (1) nature, concentration, and flow of Pollutants;
26 (2)the time, date, and place of sampling; (3) methods of analysis; and (4)other
information reasonably related to ensuring compliance with this Chapter.
27 Sampling for self-monitoring reports shall be performed by the User as the
Director specifies. All required analyses shall be performed by a State
28 Certified or EPA-approved Laboratory using approved analytical methods.
2001-00001 - 40 - September 8, 1997
502461
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 Class I and Class II Users shall submit self-monitoring reports at least once
every six months.
2
B. Compliance Reports:
3
Class I Users shall submit initial Baseline Monitoring Reports (BMRs) and
4 periodic compliance reports, and, if applicable, compliance schedule reports
and final compliance reports.
5
1. Initial Baseline Monitoring Reports shall be submitted to the City to
6 facilitate evaluation of initial compliance status with respect to
Categorical Standards, and any modifications or conditions necessary
7 to achieve full compliance with Categorical Standards.
8 Baseline Monitoring Reports shall include all information listed in
Section 13.32.305, and the results of sampling and analysis identifying
9 the nature and concentration, where required by the applicable
Categorical Standard or the Director, of regulated Pollutants in the
10 discharge from each regulated process. Instantaneous,daily maximum
and long-term average concentrations, or mass, where required, shall
11 be reported.
12 The Baseline Monitoring Reports shall include a statement, reviewed by
an Authorized Representative of the Industrial User, and certified as to
13 accuracy by a qualified professional, indicating whether Pretreatment
Standards are being met on a consistent basis, and, if not, whether
14 additional operation and maintenance and/or additional pretreatment is
required for the Industrial User to meet the Pretreatment Standards and
15 Requirements. New sources shall submit a Baseline Monitoring Report
at least 90 days prior to commencement of discharge.
16
If immediate compliance with the Categorical Standard is not possible
17 and additional pretreatment or operation and maintenance is necessary,
the report must specify the shortest time necessary to achieve
18 compliance. The completion date must not be later than that specified
in the applicable Categorical Standards. New Sources shall achieve
19 compliance with all applicable Pretreatment Standards within 90 days
of commencing discharge.
20
2. Compliance Schedule Reports shall be submitted to the City, if
21 necessary, to demonstrate compliance with conditions of a time
schedule requiring full compliance with Categorical Standards and/or
22 other applicable discharge limits set forth in this Chapter by a specific
date.
23
Compliance Schedule Reports shall contain dates for commencement
24 and completion of major events leading to construction and operation
of additional pretreatment equipment, including but not limited to dates
25 for pretreatment equipment design completion, building permit
submittal, construction commencement, construction milestones,
26 progress reports, construction completion, employee training
completion, and final compliance. Samples shall be collected and
27 analyzed to demonstrate compliance. The samples shall be taken in
accordance with 40 CFR 136 and 40 CFR 403.12(b)(5). Compliance
28 Schedule Reports shall be submitted at the completion of all major
2001-00001 -41 - September 8, 1997
502461
AN ORDINANCE I CALIFORNIX AMENDING REQUIRE OF THE SAN VWT O MUNICIPAL O ENTITLED WASTEWATER
IES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM CHAPTER
O COMPLIANCE IH FEDAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 events necessaryto achieve full compliance with Categorical Standards
or discharge requirements, but not less frequency than 30 days.
2 Compliance Schedule Reports shall be submitted within 14 days of a
milestone date. Absent unusual circumstances, the duration of a
3 compliance schedule shall not exceed nine months.
4 3. Final Compliance Reports shall be submitted to the City by any User
subject to Categorical Pretreatment Standards within ninety (90) days
5 following the date for final compliance with applicable Categorical
Pretreatment Standards, or in the case of a New Source, within ninety
6 (90) days following commencement of the introduction of Wastewater
into the POTW, to demonstrate that full compliance with Categorical
7 Standards has been achieved. Final Compliance Reports shall include
all information contained in a Baseline Monitoring Report.
8
4. Periodic Compliance Reports shall be submitted to the City to
9 demonstrate continued compliance with Categorical Standards.
Periodic Compliance Reports shall include all monitoring data specified
10 in the applicable Categorical Standard, and any additional monitoring
data obtained by the User during the period covered by the report.
11 Sampling for Periodic Compliance Reports shall be performed during
the period covered by the report. Analyses shall be performed by a
12 State Certified laboratory using approved analytical methods. Sampling
shall be performed in accordance with 40 CFR Park 136 and 40 CFR
13 403.12(b)(5). Periodic Compliance Reports shall be submitted every six
months in June and December of each year, unless required to be
14 submitted more frequently by the Director. Periodic Compliance
Reports may be combined with Self-monitoring Reports pursuant to
15 Paragraph A. of this Section.
16 C. Solvent Management Plans. All Industrial Users subject to promulgated
Categorical Standards which include a Total Toxic Organic (TTO) limitation
17 shall be required to file a Solvent Management Plan. The Director may also
require other Users to submit Solvent Management Plans where, in his
18 judgment, a plan is necessary to assure proper containment and disposal of
solvents.
19
D. Slug Discharge Control Plans. All Industrial Users so required by the Director
20 shall develop and file with the Director and implement a Slug Discharge Control
Plan. The plan shall contain at least the following elements:
21
1. Description of discharge practices, including nonroutine batch
22 discharges;
23 2. Description of stored chemicals;
24 3. Procedures for prompt verbal notification to the City of Slug Discharges,
including any discharge that would violate a specific prohibition under
25 Sections 13.32.210 or 13.32.240 of this Chapter or 40 CFR 403.5(b),
and procedures for follow-up written notification to the Director within 24
26 hours;
27 4. If required by the Director, the plan shall include procedures to prevent
adverse impact from accidental spills, including inspection and
28 maintenance of storage areas, handling and transfer of materials,
2001-00001 - 42 - September 8, 1997
50246_1
AN ORDINANCE
ITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER E DSIYSTEM,CHAPTER
TO EQUIREOCOMPLIANCE WITH FEIDEORALAIND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 loading and unloading operations, control of plant site run-off, worker
training, building of containment structures or equipment, measures for
2 containing toxic organic Pollutants (including solvents), and/or
measures and equipment for emergency response; and
3
5. If required by the Director, the plan shall include follow-up practices to
4 limit the damage suffered by the POTW or the environment.
5 E. Specific Compliance Plans. All Industrial Users so required by the Director
shall file a Specific Compliance Plan. The plan shall indicate the cause of
6 noncompliance, the corrective actions which will be taken to prevent
recurrence of the noncompliance, and, if required by the Director, a proposed
7 Compliance Time Schedule indicating the dates those corrective actions will
be completed.
8
F. Any other reports required by California State Law; including such reports as
9 are required by Chapter 6.95 of Division 20 of the California Health and Safety
Code.
10
Users shall be responsible for compliance with all milestone dates established
11
pursuant to the reports required pursuant to this Chapter.
12
13 32 335 Spill Containment Facilities. All Industrial Users shall provide Spill
13
Containment for protection against the unauthorized discharge of prohibited materials or
14
other wastes regulated by this Chapter. Such protection shall be designed to prevent such
15
materials and wastes from entering into the Sewerage System in accordance with reasonable
16
engineering standards. Such facilities shall be provided and maintained at the Industrial
17
User's expense.
18
13 32 340 Signatory and Certification Requirements. All Permit applications, reports
19
and plans submitted to the City by Industrial Users pursuant to Sections 13.32.270,
20
13.32.272, 13.32.305, 13.32.310, 13.32.315 and 13.32.330 shall be signed and dated by an
21
Authorized Representative of the User. The signature shall accompany the following
22
certification statement:
23
"1 certify under penalty of perjury under the laws of the State of
24
California that this document and all attachments were prepared
25
under my direction or supervision in accordance with a system
26
designed to assure that qualified personnel properly gather and
27
evaluate the information submitted. Based on my inquiry of the
28
2001-00001 - 43 - September 8, 1997
502461
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 person or persons who manage the system, or those persons
2 directly responsible for gathering the information,the information
3 submitted is, to the best of my knowledge and belief, true,
4 accurate, and complete. I am aware that there are significant
5 penalties for submitting false information, including the possibility
6 of fine and imprisonment for knowing violations."
7 Analytical reports submitted directly to the City by a certified analytical laboratory at
8 the request of the User for samples of Wastewater collected at User facilities may be signed,
9 dated, and certified by the laboratory manager in lieu of an Authorized Representative of the
10 User; however, such reports shall be accompanied by a statement, signed, dated, and
11 certified by an Authorized Representative of the User, as above, which verifies that the
12 sample identified in the analytical report was collected on the date and time indicated at the
13 location indicated, and using the method indicated on the analytical report. This signed,
14 dated, and certified statement may be included as part of the chain-of-custody form for the
15 sample.
16 IV. ENFORCEMENT:
17 13 32.400 Enforcement, General. Whenever any Person violates any provision of this
18 Chapter, a Wastewater Discharge Permit or administrative order issued hereunder, the
19 violation constitutes a violation of this Chapter and is immediately actionable. The Director
20 may take any, all or any combination of these actions against a noncompliant User. The
21 Director may immediately proceed with any one or more of the enforcement remedies set
22 forth in this Chapter.
23 13.32.401 Notification of Violation. Whenever the Director finds that any User has
24 violated any discharge limit or requirement contained in this Chapter or a Wastewater
25 Discharge Permit,the Director may serve upon such User a written notice stating the nature
26 of the violation and the penalties for continued noncompliance. Within a prescribed period
27 specified in the notice, the User shall submit to the Director a Specific Compliance Plan
28 pursuant to Section 13.32.330 E.
2001-00001 - 44 - September 8, 1997
50246_1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 13 32.402 Compliance Time Schedules. The Director may issue a Compliance Time
2 Schedule submitted by a User, or may issue a revised Compliance Time Schedule if, in the
3 judgment of the Director, the User's proposed Compliance Time Schedule is insufficient to
4 achieve timely compliance with this Chapter. The Director will notify the User of the
5 Compliance Time Schedule established by the Director in a timely manner.
6 13.32.403 Administrative Orders. The Director may direct compliance with any
7 prohibition, discharge limit, or requirement of this Chapter or the provisions of a Wastewater
8 Discharge Permit by issuing one or more of the following administrative orders:
9 A. Compliance Order
10 B. Cease and Desist Order
11 C. Termination of Service Order
12 D. Immediate Termination of Service Order
13 Any User served with an administrative order shall be subject to noncompliance fees
14 which may be established by ordinance or resolution, as appropriate. The City may also
15 bring a court action to enforce any administrative order issued pursuant to this Chapter.
16 13.32.404 Compliance Orders. When the Director finds that a User has violated or
17 threatens to violate any prohibition, discharge limit or requirement of this Chapter or the
18 provisions of a Wastewater Discharge Permit, the Director may issue a Compliance Order
19 and direct the User to:
20 A. Comply immediately; or
21 B. Comply in accordance with a specific Compliance Time Schedule.
22 A Compliance Order may establish a Noncompliance Monitoring Program, or modify
23 an existing Noncompliance Monitoring Program. A Compliance Order may also include, but
24 is not limited to, modifications in the frequency and extent of monitoring, sampling and
25 analysis, submission of self-monitoring reports and directives to institute management
26 practices designed to minimize the amount of Pollutants discharged to the Sewerage
27 System.
28 13,32.405 Cease and Desist Orders. When the Director finds that a User has violated
2004-0000
50246 i - 45 - Se P tember 8, 1997
AN ORDINANCE
TO REVISE INDUSTRIAL LIMITS TS FOR DISCHARGE INTO SEWER DSYSTEM TO REQUIRE OCOMPLIANCE WITH EIDERAL AND STATE WASTEWATER STANDAARDS.BERNARDINO.CALIFORNIA,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 or threatens to violate any prohibition, discharge limit, provision of this Chapter, Wastewater
2 Discharge Permit, or administrative order, the Director may issue a Cease and Desist Order
3 and direct the User to:
4 A. Comply immediately; or
5 B. Take appropriate remedial or preventative action, including, if necessary,
halting operations or terminating the discharge, in order to prevent the
6 recurrence of a violation or a threatened violation.
7 A Cease and Desist Order may establish a Noncompliance Monitoring Program or
8 modify an existing Noncompliance Monitoring Program. A Cease and Desist Order may also
9 include, but is not limited to, modifications in the frequency and extent of monitoring,
10 sampling and analysis, and submission of self-monitoring reports.
11 13 32 406 Determination of Noncompliance with Discharge Limits.
12 A. Sampling Procedures
13 1. Sampling of all Users shall be conducted in the time, place, manner,
and frequency determined at the sole discretion of the City.
14
2. Non-compliance with mass emission rate limits, concentration limits,
15 Permit discharge conditions, or any discharge provision of this Chapter
may be determined by an analysis of a grab or composite sample of the
16 effluent of a User. Non-compliance with mass emission rate limits shall
be determined by an analysis of a composite sample of the User's
17 effluent, except that a grab sample may be used to determine
compliance with mass emission rate limits when the discharge is from
18 a closed (batch)treatment system in which there is no Wastewater flow
into the Sewerage System when the discharge is occurring, the volume
19 of Wastewater contained in the batch system is known,the time interval
of discharge is known, and the grab sample is homogeneous and
20 representative of the discharge.
21 3. Any sample taken from a sample point shall be deemed to be
representative of the discharge to the POTW.
22
23 B. Waste hauler Noncompliance with Discharge Limits. A Wastehauler's non-
24 compliance with discharge limits shall be determined by an analysis of a sample of the
25 discharge for any constituent or conditions specified in the Wastehauler's Wastewater
26 Discharge Permit or this Chapter. If the discharge of a Wastehauler is found by the analysis
27 to be in excess of the concentration limits specified in the Wastehauler's Wastewater
28 Discharge Permit or in this Chapter, the Wastehauler shall, upon receiving a demand from
2001-00001 - 46 - September 8, 1997
502461
AN ORDINANCE
ITIESTO REVISE INDUSTRIAL LIMITS S
S FOR DISCHARGE INTO SEWER SYSTEM TO REQUIRE COMPLIANCE O CALIFORNIA AMENDING CHAPTER 13 32 COMPL ANCE WITH FEDERAL STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 the City, identify in writing all sources of the discharge.
2 Even if it is established to the satisfaction of the Director that the origin of the
3 discharge is Domestic Liquid Waste or sanitary waste, the City may still elect not to accept
4 waste from that particular source.
5 13 32 407 Noncompliance Monitoring Program.
6 A. Repeat Sampling:
7 If any sample analysis indicates that the User is discharging Wastewater with
Pollutant concentrations or levels exceeding discharge limits contained in this
8 Chapter or contained in User's permit, then the User shall collect and analyze
a follow-up sample or samples (as directed by the Director using approved
9 analytical methods). The User shall submit the completed follow-up sample
analysis to the City within thirty (30) days of notification by the City.
10
B. Initiation of Noncompliance Monitoring Program:
11
If the follow-up sample indicates continued noncompliance, the User may be
12 ordered by the Director to immediately initiate a Noncompliance Monitoring
Program requiring additional sampling and reporting by the User in accordance
13 with a schedule issued by the Director. During the program, the User may be
subject to noncompliance fees established by ordinance or resolution, as
14 appropriate.
15 C. Termination of Noncompliance Monitoring Program:
16 The Noncompliance Monitoring Program may be terminated by the City upon
the User's demonstration of a return to consistent compliance. To demonstrate
17 consistent compliance, the User must either:
18 1. Terminate the discharge; or
19 2. Provide analyses(which have been analyzed using approved analytical
methods), which show discharge levels in consistent compliance over
20 a period of not less than 30 days or as specified in the Program.
21 D. Noncompliance Fees:
22 The payment of noncompliance fees by Users shall not bar the City from
undertaking any other enforcement, civil, or criminal proceedings.The purpose
23 of noncompliance fees is to compensate the City for costs of additional
sampling, monitoring, laboratory analysis, treatment, disposal and
24 administrative processing incurred as a result of noncompliance.
25 13 32 408 Permit Suspension or Revocation.
26 A. Grounds
27 The Director may suspend or revoke any Permit when it is determined that a
28 Permittee:
2001-00001 - 47 - September 8, 1997
50246_1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 1. Knowingly provides a false statement, representation, record, report, or
other document to the City.
2
2. Refuses to provide records, reports, plans, or other documents required
3 by the City to determine Permit terms, conditions, or limits, discharge
compliance, or compliance with this Chapter.
4
3. Falsifies, tampers with, or knowingly renders inaccurate any monitoring
5 device or sample collection method.
6 4. Fails to report significant changes in operations or Wastewater
constituents and characteristics.
7
5. Fails to comply with the terms and conditions of an administrative order
8 issued pursuant to this Chapter.
9 6. Discharges Effluent to the POTW while its Permit
is suspended.
10
7. Refuses reasonable access to the Permittee's Premises forthe purpose
11 of inspection and monitoring.
12 8. Does not make timely payment of all amounts owed to the City for fees
imposed pursuant to this Chapter.
13
9. Causes Interference with the City's collection, treatment, or disposal
14 system.
15 10. Fails to submit oral notice or written report of Bypass occurrence.
16 11. Violates any condition or limit of its discharge Permit or any provision of
this Chapter.
17
B. Notice/Hearing When the Director has reason to believe that grounds exist for
18
the suspension or revocation of a Permit, he shall give written notice by personal service or
19
certified mail thereof to the Permittee setting forth a statement of the facts and grounds
20
deemed to exist together with the time and place where the charges shall be heard by the
21
Director. The hearing date shall be not less than fifteen (15) calendar days nor more than
22
forty-five (45) calendar days after the mailing of such notice.
23
1. At the hearing;the Permittee shall have an opportunity to respond to the
24 allegations set forth in the notice by presenting written or oral evidence.
The suspension or revocation hearing shall be conducted in accordance
25 with the procedures established by the Director and approved by
counsel for the City.
26
2. After the conclusion of the hearing, the Director shall make his
27 determination and should he find that grounds exist for suspension or
permanent revocation of the Permit, he shall issue his decision and
28 order in writing within thirty (30) calendar days after the conclusion of
2001-00001 - 48 - September 8, 1997
502461
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 M TS FOR DISCHARGE INTO SEWER SYSTEM TO REQUIRE COMPL COMPLIANCE WITH EDEERALAND STATE WASTEWATER STANDARDS
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 the hearing. The Director's decision shall include a brief statement of
facts found to be true, a determination of the issues presented and a
2 conclusion and order. The written decision and order of the Director
shall be served personally or by certified mail on the Permittee or its
3 legal counsel/representative.
4 In the event the Director determines to not revoke the Permit, he may
order other enforcement actions, including, but not limited to, a
5 temporary suspension of the Permit, underterms and conditions that he
deems appropriate to further the purposes of this Chapter.
6
C. Effect
7
1. Upon an order of suspension or revocation by the Director becoming
8 final, the Permittee shall lose all rights to discharge any Nondomestic
Wastewater directly or indirectly to the POTW in accordance with the
9 order. All costs for physical termination shall be paid by the Permittee.
10 2. Any owner or responsible management employee of the Permittee shall
be bound by the order of suspension or revocation.
11
3. Any future application for a Permit at any location within the POTW's
12 Service Area by any Person subject to an order of revocation will be
considered by the City after fully reviewing the records of the revoked
13 Permit, which records may be the basis for denial of a new Permit.
14 4. An order of Permit suspension or revocation issued by Director shall be
final in all respects on the thirty-first (31st) day after it is served
15 personally or by certified mail on the Permittee unless a notice of appeal
is filed with the City pursuant to Section 13.32.427 no later than 5:00
16 p.m. on the thirtieth (30th) day following such mailing.
17
13.32.410 Termination of Service. When the Director finds that any User has done
18
any of the following acts, the Director may terminate sewer service to that User upon serving
19
appropriate notice to the User:
20
A. Violate a Cease and Desist Order;
21
B. Fail to accurately report the wastewater constituents and characteristics of its
22 discharge;
23 C. Fail to report significant changes in operations, or wastewater volume,
constituents and characteristics prior to discharge;
24
D. Refuse to allow reasonable access to the User's Premises for the purpose of
25 inspection, monitoring or sampling;
26 E. Violate any Pretreatment Standard.
27 The procedures set forth in Section 13.32.408.B. shall apply to termination of service
28 proceedings. The User shall be liable for all costs for termination of sewer service incurred
2001-00001 -49 - September 8, 1997
502461
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 by the User and the City. This provision is in addition to other statutes, rules, or regulations
2 authorizing termination of service for delinquency in payment, or for any other reason.
3 Sewer service may be re-instituted if the Director is satisfied that the User has
4 remedied all aspects of noncompliance with this Chapter and that the User has the capability
5 to and will remain in compliance in the future. The User shall be liable for all costs for re-
6 institution of sewer service.
7 13 32 415 Emergency Suspension of Service.
8 A. The Director may suspend Sewerage Service or Waste hauler discharge
9 service, after informal notice to the User,when the Director determines that such suspension
10 is necessary in order to stop an actual or impending discharge which presents or may
11 present an imminent or substantial endangerment to the health and welfare of persons, or
12 to the environment, may cause Pass Through of or Interference with the POTW, or may
13 cause the City to violate any State or Federal Law or Regulation. Any User notified of and
14 subject to an emergency suspension order shall immediately cease the discharge of all
15 Nondomestic Wastewater to the Sewerage System. In the event that a User fails to
16 immediately comply with an emergency suspension order, the Director shall take steps as
17 deemed necessary, including immediate severance of the sewer connection, to prevent the
18 continued discharge of Nondomestic Wastewater to the POTW. The User shall be liable for
19 all costs incurred by the City in terminating sewer service.
20 B. As soon as reasonably practicable following the issuance of an emergency
21 suspension order and informal notice to the User of the time and location for a hearing, but
22 in no event more than five (5) days following the issuance of such order, the Manager shall
23 hold a hearing to provide the User the opportunity to present information in opposition to the
24 issuance of the emergency suspension order. Such a hearing shall not stay the effect of the
25 emergency suspension order. The hearing shall be conducted in accordance with
26 procedures established by the Manager and approved by counsel forthe City. The Manager
27 shall issue a written decision and order within two (2) business days following the hearing,
28 1 which decision shall be served personally or by certified mail on the User or the User's legal
2001-00001 - 50 - September 8, 1997
502461
i r
FA 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 TS FOR D SCHAGE(INTO SEWER SYSTEM,TO REQUIRE COMPLI COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 counsel. The decision of the Manager following the hearing shall be final and not
2 appealable.
3 C. Upon a demonstration by the User to the satisfaction of the Manager that the
4 period of endangerment has passed and will not recur, the Manager may allow the User to
5 recommence its discharge to the POTW, unless the Manager proceeds with permit
6 revocation or termination of service pursuant to Sections 13.32.408 or 13.32.410.
7 13.32.416 Public Nuisance. Discharge of Wastewater in any manner in violation of
8 this Chapter or of any administrative order issued pursuant to this Chapter, is hereby
9 declared a public nuisance and shall be corrected or abated as directed by the Director. Any
10 person creating a public nuisance is guilty of a misdemeanor.
11 13.32.417 Criminal Penalties. Any Person who violates any provision of this Chapter,
12 is guilty of a misdemeanor, which is punishable by a fine not to exceed One Thousand
13 Dollars ($1,000.00) or by imprisonment for a period of not more than six (6) months, or both.
14 Each such Person shall be deemed guilty of a separate offense for every day during any
15 portion of which any violation of any provisions of this Chapter has been committed or
16 continued.
17 13 32 419 Search or Inspection Warrants. If the Director has been refused access to
18 a building or property, or any part thereof, or determines that a search or inspection warrant
19 is appropriate to conduct an investigation in furtherance of the purposes of this Chapter, the
20 Director may apply to a court of competent jurisdiction for the issuance of a search or
21 inspection warrant.
22 13.32.420 Legal Action. If any person, firm or corporation violates or has the
23 reasonable potential to violate any provision of its Wastewater Discharge Permit, this
24 Chapter, Federal or State Pretreatment Standards or Requirements, or any administrative
25 order issued pursuant to this Chapter, the City Attorney may petition a court of competent
26 jurisdiction for appropriate legal, equitable or injunctive relief including, but not limited to,
27 issuance of a temporary restraining order, preliminary injunction, permanent injunction,
28 and/or any other relief that may be appropriate to restrain the continued violation or prevent
2001-00001 - 51 - September 8, 1997
502461
AN ORDINANCE OF THE CITY OF SAN BERNARDINO.CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 threatened violations by the User.
2 In addition to the penalties provided herein, the Director may recover reasonable
3 attorney fees, court costs, court reporter's fees, and other expenses of litigation by
4 appropriate suit of law against the Person found to have violated any of the provisions of this
5 Chapter or the orders, rules, regulations, and Permits issued thereunder.
6 13.32.425 Civil Penalties.
7 A. Authority. All Users of the POTW are subject to enforcement actions
8 administratively or judicially by the District, EPA, Regional Board, and/or the County of San
9 Bernardino District Attorney. The actions may be taken pursuant to the authority and
10 provisions of several laws, including but not limited to: (1) Federal Water Pollution Control
11 Act, commonly known as the Clean WaterAct(33 U.S.C. Section 1251 et seq.); (2)California
12 Porter-Cologne Water Quality Act (California Water Code Section 13000 et seq.); (3)
13 California Hazardous Waste Control Law (California Health & Safety Code Section 25100 et
14 seq.); (4) Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et
15 seq.); and (5) California Government Code, Sections 54739 et seq.
16 B. RecoveN of Fines or Penalties. In the event the City is subject to the payment
17 of fines or penalties pursuant to the legal authority and actions of other regulatory or
18 enforcement agencies based on a violation of law or regulation or its permits, and the
19 violation can be established by City as caused by the discharge of any User of the POTW
20 which is in violation of any provision of this Chapter, the User's Permit, or an administrative
21 order issued pursuant to this Chapter, City shall be entitled to recover from the User all costs
22 and expenses, including, but not limited to, the full amount of said fines or penalties to which
23 it has been subjected. _
24 C. Ordinance. Pursuant to the authority of California Government Code Sections
25 54739-54740, any person who violates any provision of this Chapter; any permit condition,
26 prohibition or effluent limit; or any suspension or revocation order shall be liable civilly for a
27 sum not to exceed $25,000.00 per violation for each day in which such violation occurs.
28 Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq.,any person
2001-00001 - 52 - September 8, 1997
502461
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 LMITS FOR DISCHARGE INTO SEWER Y SYSTEM TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 who violates any provision of this Chapter, or any permit condition, prohibition, or effluent
2 limit shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in
3 which such violation occurs. Counsel for the City, upon request of the Director, may petition
4 a court of competent jurisdiction to impose, assess, and recover such penalties, or such
5 other penalties as the City may impose, assess, and recover pursuant to Federal and/or
6 State legislative authorization.
7 D. Administrative Civil Penalties
8 1. Pursuant to the authority of California Government Code Sections
54740.5 and 54740.6, the City may issue an administrative complaint
9 to any Person who violates:
10 (a) any provision of this Chapter;
11 (b) any permit condition, prohibition, or effluent limit; or
12 (c) any suspension or revocation order.
13 2. The administrative complaint shall be served by personal delivery or
certified mail on the Person and shall inform the person that a hearing
14 will be conducted, and shall specify a hearing date within sixty(60)days
following service. The administrative complaint shall allege the act or
15 failure to act that constitutes the violation of the City's requirements, the
provisions of law authorizing civil liability to be imposed, and the
16 proposed civil penalty. The matter shall be heard by the Manager. The
Person to whom an administrative complaint has been issued may
17 waive the right to a hearing, in which case a hearing will not be
conducted.
18
3. At the hearing, the Person shall have an opportunity to respond to the
19 allegations setforth in the administrative complaint by presenting written
or oral evidence. The hearing shall be conducted in accordance with
20 the procedures established by the Manager and approved by the
counsel for the City.
21
4. After the conclusion of the hearing, the Manager shall prepare a written
22 report setting forth a statement of the facts found to be true, a
determination of the issues presented and conclusions. If the Manager's
23 designee conducts the hearing, the designee shall prepare and submit
the written report to the Manager, along with a recommendation.
24
5. Upon preparation by the Manager of the written report, or receipt from
25 his designee of the written report, the Manager shall make his
determination and should he find that grounds exist for assessment of
26 a civil penalty against the Person, he shall issue his decision and order
in writing within thirty (30) calendar days after the conclusion of the
27 hearing.
28
2001-00001 - 53 - September 8, 1997
50246_1
• AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 6. If, after the hearing or appeal, if any, it is found that the Person has
violated reporting or discharge requirements, the Manager or Board
2 may assess a civil penalty against that Person. In determining the
amount of the civil penalty, the Manager or Board may take into
3 consideration all relevant circumstances, including but not limited to the
extent of harm caused by the violation, the economic benefit derived
4 through any non-compliance, the nature and persistence of the
violation, the length of time over which the violation occurs, and
5 corrective action, if any, attempted or taken by the Person involved.
6 7. Civil penalties may be assessed as follows:
7 (a) In an amount which shall not exceed Two Thousand Dollars
($2,000.00)for each day for failing or refusing to furnish technical
8 or monitoring reports;
9 (b) In an amount which shall not exceed Three Thousand Dollars
($3,000.00) for each day for failing or refusing to timely comply
10 with any compliance schedules established by the City;
11 (c) In an amount which shall not exceed Five Thousand Dollars
($5,000.00) per violation for each day of discharge in violation of
12 any waste discharge limit, Permit condition, or requirement
issued, reissued, or adopted by the City;
13
(d) In any amount which does not exceed Ten Dollars ($10.00) per
14 gallon for discharges in violation of any suspension, revocation,
cease and desist order or other orders, or prohibition issued,
15 reissued, or adopted by the City.
16 8. An order assessing administrative civil penalties issued by the City shall
be final in all respects on the thirty-first (31st) day after it is served on
17 the Person unless a notice of appeal is filed with the Board pursuant to
Section 13.32.427 no later than the thirtieth (30th) day following such
18 mailing. An order assessing administrative civil penalties issued by the
Board shall be final upon issuance.
19
9. Copies of the administrative order shall be served on the party served
20 with the administrative complaint, either by personal service or by
registered mail to the Person at the business or residence address, and
21 upon other Persons who appeared at the hearing and requested a copy
of the order.
22
10. Any Person aggrieved by a final order issued by the Board, after
23 granting review of the order of the Manager, may obtain review of the
order of the Board in the superior court, pursuant to Government Code
24 Section 54740.6, by filing in the court a petition for writ of mandate
within thirty (30) days following the service of a copy of the decision or
25 order issued by the Board.
26 11. Payment of any order setting administrative civil penalties shall be made
within thirty (30) days of the date the order becomes final. The amount
27 of any administrative civil penalties imposed which have remained
delinquent for a period of sixty (60) days shall constitute a lien against
28 the real property of the discharger from which the discharge resulting in
2001-00009 - 54 - September 8, 1997
502461
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
` FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 the imposition of the civil penalty originated. The lien shall have no
effect until recorded with the county recorder. The City may record the
2 lien for any unpaid administrative civil penalties on the ninety-first(91 st)
day following the date the order becomes final.
3
12. No administrative civil penalties shall be recoverable under Section
4 13.32.425.D for any violation for which the City has recovered civil
penalties through a judicial proceeding filed pursuant to Government
5 Code Section 54740.
6 .13.32.427 Appeals to the Board.
7 A. General. Any User, Permit applicant, or Permittee adversely affected by a
8 decision, action, or determination made by the Director may file a written notice of appeal
9 requesting a hearing before the Board, which notice shall be accompanied by an appeal fee
10 in the amount established by a separate resolution of the Board. The notice of appeal shall
11 be filed within thirty (30) days of the service on the appellant of notice of the decision, action
12 or determination of the Director. The notice of appeal shall set forth in detail all the issues
13 in dispute for which the appellant seeks determination and all facts supporting appellant's
14 request, and shall be accompanied by a fee in the amount of $75.00.
15 No later than sixty (60) days after receipt of the request for hearing, the Board shall
16 either set the matter for a hearing, or deny the request for a hearing in accordance with
17 Section 13.32.427.B.
18 Upon receipt of a timely notice of appeal, and for those appeals for which a hearing
19 is granted pursuant to Section 13.32.427.B., a hearing shall be held by the Board within sixty-
20 five (65) days, unless a later date is agreed to by the appellant and the Board. If the matter
21 is not heard within the required time, due to actions or inactions of the appellant, the
22 Director's order shall be deemed final.
23 As this Ordinance constitutes a legislative enactment, except as expressly authorized
24 under this Chapter, there are no provisions for waiver or variance from the terms of this
25 Ordinance.
26 B. Granting Request for Hearing. The Board shall grant all requests for a hearing
27 on appeals concerning an award of civil penalties, or orders of permit suspension,
28 revocation, or denial. Whether to grant or deny the request for a hearing on appeals of other
2001-00001 - 55 - September 8, 1997
502461
AN ORDINANCE OF THE CITY LI I OREQUIRE OF THE SAN
BERNARDINO MUNICIPAL CODE T WASTEWATER
FACILITIES TO REVISE INDUSTRIAL FOR DISCHARGE INTO SEWER SYSTEM.TO COMPL ANCE WIT FEDEERALAND STATE WASEW TE STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 decisions of the Director shall be within the sole discretion of the Board.
2 C. Appeal Fee Refund. The appeal fee shall be refunded if the Board denies a
3 hearing or reverses or modifies, in favor of the appellant, the order of the Director. The fee
4 shall not be refunded if the Board denies the appeal.
5 D. Written Determination. After the hearing,the Board shall make a determination
6 whether to uphold, modify, or reverse the decision, action, or determination made by the
7 Director.
8 The decision of the Board shall be set forth in writing within sixty-five (65) days after
9 the close of the hearing and shall contain findings of the facts found to be true, the
10 determination of issues presented, and the conclusions. The written decision and order of
11 the Board shall be served personally or by certified mail on the appellant or its legal counsel/
12 representative.
13 The order of the Board shall be final upon its adoption. In the event the Board fails
14 to reverse or modify the Director's order, it shall be deemed affirmed.
15 13 32 428 Financial Security/Amendments to Permit.
16 A. Compliance Deposit. Permittees that have been subject to enforcement and/or
17 collection proceedings maybe required to deposit with the City an amount determined by the
18 Director as necessary to guarantee payment to City of all charges, fees, penalties, costs and
19 expenses that may be incurred in the future, before permission is granted for further
20 discharge to the sewer.
21 B. Delinquent Accounts. The City may require an amendment to the Permit of any
22 Permittee who fails to make payment in full of all fees and charges assessed by the City or
23 otherwise incurred by Permittee.
24 C. Bankruptcy. Every Permittee filing any legal action in any court of competent
25 jurisdiction, including the United States Bankruptcy Court, for purposes of discharging its
26 financial debts or obligations or seeking court-ordered protection from its creditors, shall,
27 within ten (10) days of filing such action, apply for and obtain the issuance of an amendment
28 to its Permit.
2001-00001 - 56 - September 8, 1997
502461
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 D. Permit Amendments. The City shall review and examine Permittee's account
2 to determine whether previously incurred fees and charges have been paid in accordance
3 with time requirements prescribed by this Chapter. The City may thereafter issue an
4 amendment to the User's Permit in accordance with the provisions of this Chapter.
5 E. Security. An amendment to a Waste Discharge Permit issued pursuant to
6 Sections 13.32.428.8, C and/or D, may be conditioned upon the Permittee depositing
7 financial security in an amount equal to the average total fees and charges for two (2)
8 calendar quarters during the preceding year. The deposit shall be used to guarantee
9 payment of all fees and charges incurred for future services and facilities furnished by City
10 and shall not be used by the City to recover outstanding fees and charges incurred prior to
11 the Permittee filing and receiving protection from creditors in the United States Bankruptcy
12 Court.
13 F. Return of Security. In the event the Permittee makes payment in full within the
14 time prescribed by this Chapter of all fees and charges incurred over a period of two (2)
15 years following the issuance of an amendment to the Permit pursuant to Sections
16 13.32.428.13, C and/or D, the City shall either return the security deposit posted by the
17 Permittee or credit his account.
18 13 32 430 Enforcement Response Plan. The Director shall prepare, implement, and,
19 if necessary, periodically update an Enforcement Response Plan in conformance with EPA
20 guidance contained in 40 CFR 403.8(f)(5).
21 13 32 440 Notice of Discharge Prohibition. The Director may serve a written Notice
22 of Discharge Prohibition on any person(s) engaged in any activity or activities which, while
23 not resulting in a discharge of Nondomestic Wastewater to the POTW at the time, may, in
24 the Director's judgment, result in a discharge of.Nondomestic Wastewater at some time in
25 the future. A Notice of Discharge Prohibition shall include at lease the following:
26 A. A list of general discharge restrictions and prohibitions;
27 B. A list or citation of any Categorical Standards that would be applicable upon
commencement of Nondomestic Wastewater discharge;
28
2001-00001
50246 - 57 - September 8, 1997
' AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 C. A requirement to apply for and obtain a Wastewater Discharge Permit prior to
commencing discharge of Nondomestic Wastewater to the POTW;
2
D. A requirement for notification of slug or accidental discharges; and
3
E. A statement of applicable civil and criminal penalties for violation of
4 Pretreatment Standards and Requirements. A Notice of Discharge Prohibition
may also contain one or more of the following:
5
1. A requirement to prepare and submit a Slug Discharge Control Plan;
6
2. A requirement to install and maintain one or more Spill Containment
7 systems;
8 3. A requirement for maintaining and retaining plant records relating to
wastes removed from the facility;
9
4. A requirement to submit an annual written statement to the Director
10 certifying that no Nondomestic Wastewater has been discharged to the
POTW during the previous year other than discharges of which the
11 Directorwas properly notified, and that no Nondomestic Wastewater will
be discharged during the forthcoming year without proper notification
12 and/or obtaining a Wastewater Discharge Permit.
13 13 32 445 Industrial Waste Pass Through or Interference. Any Person whose
14 discharge results in a Pass Through or Interference event affecting the POTW shall be liable
15 for all costs associated with the event, including treatment costs, regulatory fines, penalties,
16 assessments, and other indirect costs. The User shall submit to the City plans to prevent
17 future recurrences to the satisfaction of the Director.
18 13.32.450 Publication of Violation. Upon a determination in a Permit suspension,
19 Permit revocation, or civil penalty proceedings that a User has discharged in violation of its
20 Permit or any provision under this Chapter, the City may require that the User notify the
21 public and/or other Users of the POTW of such violation, of actions taken to correct such
22 violation, and of any administrative or judicial orders or penalties imposed as a result of such
23 violation.
24 13.32.460 Recove[y of Costs Incurred by City. In the event a Permittee fails to comply
25 with any of the terms and conditions of this Chapter, an administrative order, compliance
26 schedule or a Permit issued hereunder, the City shall be entitled to reasonable attorney fees
27 and costs which may be incurred in order to enforce any of the terms and conditions, with or
28 without filing proceedings in court.
2001-00001 - 58 - September 8, 1997
50246_1
' AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 13.32.470 Judicial Review.
2 A. Purpose and Effect. Pursuant to Section 1094.6 of the California Code of Civil
3 Procedure, the City hereby enacts this Section to limit to ninety (90) days following final
4 decisions in adjudicatory administrative hearings the time within which an action can be
5 brought to review such decisions by means of administrative mandamus.
6 B. Definitions. As used in this Section, the following terms and words shall have
7 the following meanings:
8 1. Decision shall mean and include adjudicatory administrative decisions
that are made after hearing, and after an award of civil penalties
9 pursuantto Section 13.32.425.D,after revoking, suspending,ordenying
an application for a Permit or a license, or after other administrative
10 hearings taken to enforce this Chapter.
11 2. Complete Record shall mean and include the transcript, if any exists, of
the proceedings, all pleadings, all notices and orders, any proposed
12 decision by the Director, and the final decision, all admitted exhibits, all
rejected exhibits in the possession of the City or its officers or agents,
13 all written evidence, and any other papers in the case.
14 C. Time Limit for Judicial Review. Except as set forth in Section 13.32.470.G.,
15 judicial review of any decision of the City or its officer or agent may be made pursuant to
16 Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed
17 not later than the ninetieth (90th)day following the date on which the decision becomes final.
18 If there is no provision for reconsideration in the procedures governing the proceedings or
19 if the date is not otherwise specified, the decision is final on the date it is made. If there is
20 a provision for reconsideration, the decision is final upon the expiration of the period during
21 which such reconsideration can be sought; provided that if reconsideration is sought by the
22 aggrieved party pursuant to such provision, the decision is final for the purposes of this
23 Section on the date that reconsideration is acted upon by the Board, or officer or agent, and
24 written notice thereof is provided.
25 D. Preparation of the Record. The complete record of the proceedings shall be
26 prepared by the City officer or agent who made the decision and shall be delivered to the
27 petitioner within ninety (90) days after he has filed written request therefor. The City may
28 recover from the petitioner its actual costs for transcribing and otherwise preparing the
2001-00001
50246_1 - 59 - September 8, 1997
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 record.
2 E. Extension. If the petitioner files a request for the record within ten (10) days
3 after the date the decision becomes final, the time within which a petition, pursuant to Section
4 1094.5 of the Code of Civil Procedure, may be filed shall be extended to not later than the
5 thirtieth (30th) day following the date on which the record is either personally delivered or
6 mailed to the petitioner or the petitioner's attorney of record, if appropriate.
7 F. Notice. In making a final decision,the City shall provide notice to the Person(s)
8 subject to the administrative decision that the time within which judicial review must be
9 sought is governed by Section 1094.6 of the Code of Civil Procedure.
10 G. Administrative Civil Penalties. Notwithstanding the foregoing in Section
11 13.32.470, and pursuant to Government Code Section 54740.6, judicial review of an order
12 of the Common Council imposing administrative civil penalties pursuant to Section
13 13.32.425.D may be made only if the petition for writ of mandate is filed not later than the
14 thirtieth (30th) day following the day on which the order of the Board becomes final.
15 V. CONNECTION PERMITS AND CHARGES:
16 13.32.500 Compliance Required Prior to Issuance of Certificate of Occupancy. No
17 certificate of occupancy shall be issued and no Premises shall be occupied until the owner,
18 occupant, or tenant of the Premises has complied with all rules and regulations of this
19 Chapter. (Ord. MC-273, 5-23-83; Ord. 3693 §6, 1977)
20 13.32.505 Connection Required.
21 A. The owner of any Premises used for human occupancy, employment,
22 recreation, or other purposes situated within the City taking access from any street,
23 easement or vehicle way, is required to connect the Premises directly to the City Sewerage
24 System. The owner may petition the Mayor and Common Council for reimbursement of the
25 costs under San Bernardino Municipal Code Section 13.08.080 for that portion of the line
26 extension over three hundred feet as measured from the point of the connection with the
27 existing sewer facilities to the point where the extension enters the lot, parcel or tract to be
28 serviced.
2001-00001
50246_1 - 60 - September 8, 1997
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 B. The Engineer may waive or modify, the requirement to connect to the City
2 Sewerage System where one or more of the following conditions exist:
3 1. The proposed single family residential development will be built upon a
lot larger than one-half acre, or the proposed commercial/industrial
4 development will generate less than 200 gallons of domestic Sewage
per day(based upon 15 gallons of Sewage per day per employee); and
5 there is a natural obstruction, such as a hill, stream or adverse grades,
that prevents the practical extension of a sewer line to serve the
6 development.
7 2. The proposed residential developmentof four(4) units or less is an in-fill
project, where structures exist on at least 75% of the block and none
8 are connected to the Sewerage System.
9 3. The proposed development will not generate any Sewage.
10 4. The proposed development is an addition to an existing structure and
is less than 25% in area of the existing structure, and does not exceed
11 1,000 square feet.
12 A waiver to connect to the City Sewerage System shall not be construed as approval
13 for installation of aseptic tank. Permits for construction of septic tanks shall be subject to the
14 normal environmental review and approval process by the Department of Planning and
15 Building Services.
16 All waivers granted are temporary in nature, in that when a main sewer line is
17 constructed within three hundred (300) feet of the property, connection to the Sewerage
18 System will be required within one hundred twenty (120) days of notification. The owner of
19 the property receiving a waiver to sewer connection must sign and record an agreement
20 waiving their right, and the right of any successors in interest, to protest the future formation
21 of a sewer assessment district which includes this property.
22 This section shall only be applicable to developments for which a building permit is
23 issued after June 5, 1989. (Ord. 663, 6-5-89)
24 C. An administrative fee, in the amount of$500.00 shall be paid to the Engineer
25 for all requests for a waiver of the condition to connect to the City Sewerage System. (Ord.
26 MC-680, 10-2-89; Ord. MC-614, 12-7-87; Ord. MC-273, 5-23-83; Ord. 3693 §7, 1977)
27 13.32.510 Connection Permit Required.
28 A. Any Person wishing to connect any Premises to the Public Sewers and/or
2001-00001 - 61 - September 8, 1997
502461 p
AN ORDINANCE OF THE CITY OF SAN BERNARDINO.CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERALAND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 Wastewater Treatment Facilities for purposes of discharging Domestic or Nondomestic
2 Wastewater to a Public Sewer shall first obtain a connection permit. This permit shall be
3 authorization to physically connect the Premises to a Public Sewer or to a lateral line
4 connecting to a Public Sewer. The connection permit is separate and distinct from a
5 Wastewater Discharge Permit which must be obtained for a discharge of Nondomestic
6 Wastewater pursuant to Article III.
7 B. Connection permits shall be issued by the Engineer in accordance with
8 regulations to be promulgated by him together with applicable ordinances. The regulations
9 shall describe the conditions of the connection permit, the type of construction required, and
10 the fees to be paid for the connection permit thereof.
11 C. Each Premises shall be connected to the Public Sewer and/or the Wastewater
12 Treatment Facilities through a separate connection, unless the Manager determines that a
13 single connection fully protects the interests of the City. A separate connection permit shall
14 be obtained for each such connection.
15 D. A condition of the connection permit shall require that if, at any future date, the
16 Premises is abandoned, the connection to the Public Sewer shall be adequately sealed to
17 prevent flow into the Public Sewer. (Ord. MC-273, 5-23-83; Ord. 3693 §28, 1977)
18 13.32.520 Charges - Payment of Base Charges. All Premises which are served by
19 a connection to the Public Sewer and/or Wastewater Treatment Facilities of the City shall be
20 charged, and the User thereof shall pay base charges as generally described in this section
21 and as particularly enacted by adopted resolution or ordinance, as appropriate.
22 A. Single family residential dwelling units shall be charged a fixed monthly fee for
23 each individual dwelling unit. Such fee shall be established by resolution or ordinance, as
24 appropriate. The fee shall be adequate to realize from the residential Users so charged,an
25 amount sufficient to cover the share of costs of the sewerage facilities attributable to this
26 class of Users. The costs shall include all costs of financing, maintaining and operating the
27 system and developing the necessary reserve funds to ensure future development and
28 operation of the system.
2ooi-0000i
50246 - 62 - September 8, 1997
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
- FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 B. Multi-family residential units, commercial Users, and all other Users except
2 single family residential dwelling units shall be charged on the basis of total water
3 consumption for the comparable water billing period. The rate for such charges shall be
4 established by resolution or ordinance, as appropriate. The fees shall be adequate to realize
5 from the class of Users so charged an amount sufficient to cover the share of costs of the
6 sewerage facilities attributable to this class of Users. The costs shall include all costs of
7 financing, maintaining and operating the system and developing the necessary reserve funds
8 to ensure future development and operation of the system.
9 C. Industrial Premises from which Nondomestic Wastewater is discharged shall
10 be billed on the basis of the amount of Wastewater flow specified in the Permit or determined
11 by actual flow measurement. It is recognized that the amount of Wastewater generated by
12 a given Premises is normally less than the water consumed by that Premises.
13 D. The charges provided for in this Chapter are based on the assumption that the
14 percentage of Wastewater produced from water consumed is approximately the same for all
15 Users included in a given billing category. If the Board determines that for a particular User
16 or group of Users the above assumption is not correct and if the percentage of Wastewater
17 produced from water consumed is significantly different from the percentage under the
18 existing billing concept, the Board may modify the existing billing concept to invoke an
19 equitable charge to the User. The rate for such amended charges shall be established by
20 resolution or ordinance, as appropriate. To support such amended charges, the User may
21 be required to install facilities as set forth in Article II of this Chapter.
22 E. The Board shall establish a rate of charges for a User when the User's
23 Wastewater is derived, either in part or in full, from a source other than the City's potable
24 water supply. A source of supply includes, but is not limited to, any material which is
25 transported onto the User's Premises. (Ord. MC-950, 9-21-95)
26 13.32.530 Charges - Industrial Wastewater Discharge Permit. All Industrial
27 Wastewater Discharges shall be required to pay a Wastewater Discharge Permit fee and
28 monitoring fees, and a Nondomestic Wastewater Discharge inspection fee. The amount of
2001-00001
50246_1 - 63 - September 8, 1997
AN ORDINANCE OF THE CITY OF SAN BERNARDINO.CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 these fees shall be established by resolution or ordinance of the Board, as appropriate. (Ord.
2 MC-571, 12-22-86; Ord. MC-273, 5-23-83; Ord. 3693 §21, 1977)
3 13.32.535 Payments.
4 A. The charges herein fixed for any Premises shall be collected with the charges
5 and rates for water service furnished to the Premises by the City or other public water
6 purveying agency. The charges herein fixed shall be billed upon the same bill as is prepared
7 for charges for water service and shall be due and payable monthly at the same time that
8 such charges for services are due and payable. The total amount due for the charges herein
9 fixed and for charges for water shall be paid as a unit.
10 B. In the event any Person fails to pay any charge herein provided when the same
11 becomes due, the City may, in addition to any other remedies it may have, cut off water
12 service or any of the services and facilities referred to in this Chapter after giving the Person
13 a five-day notice thereof, and shall not resume the same until all delinquent charges together
14 with any charges necessitated by resumption of such services and facilities have been fully
15 paid.
16 C. In the event the City or any other public water purveying agency does not
17 furnish water service to the Premises, then the charges herein fixed or provided by other
18 means for such Premises shall be due and payable monthly on the first day of each and
19 every month or bimonthly as necessitated by other billing periods, and shall be paid by the
20 occupant, owner or Person in charge of such Premises. It shall be the duty of the Municipal
21 Water Department to prepare and send (or have another billing agency prepare and/or send)
22 separate monthly bills for all charges fixed for such Premises.
23 D. It shall be the duty of the Municipal Water Department of the City to collect all
24 charges provided herein.
25 E. All funds and monies received from the collection of sewer service charges as
26 herein established shall be deposited with the City Treasurer for deposit in the sewer fund.
27 F. The charges established by and pursuant to this Chapter shall not be imposed
28 where a building, structure, trailer or park space or other occupancy specified by Resolution
2001-00001
50246_1 - 64 - September 8, 1997
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERALAND STATE WASTEWATER STANDARDS.
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 of the City is being newly constructed or placed on vacant property and served by City water
2 until such time as the building, structure or park space is first occupied. Thereafter, charges
3 shall be imposed on a regular basis in accordance with the terms and conditions of this
4 Chapter and resolutions or ordinances, as appropriate, adopted or enacted pursuant thereto
5 and shall be placed on the billing for water following the date of initial occupancy.
6 G. The owner of any rental property shall promptly advise the City Water
7 Department of the date of the first occupancy of the Premises. (Ord. MC-950, 9-21-95; Ord.
8 MC-273, 5-23-83; Ord. 3693 §22, 1977)
9 13.32.580 Construction of Extension to Public Sewer.
10 A. Any Person desiring to construct an extension to any Public Sewer at his own
11 expense shall do so in accordance with applicable ordinances and with regulations to be
12 promulgated by the Engineer and approved by the Mayor and Common Council. In general,
13 cost of such extensions shall be borne by the Persons desiring the extension and, where
14 specified by the regulations, other Persons benefiting from the sewer extension.
15 B. The Engineer shall be authorized to enter into agreements with Persons
16 desiring to construct sewer extension for the repayment to the builder of portions of the cost
17 of the extension when other Premises not owned or controlled by the builder are connected
18 to the system and pay an appropriate connection fee. All such agreements shall be made
19 pursuant to regulations promulgated by the Engineer and approved by the Mayor and
20 Common Council. (Ord. MC-273, 5-23-83)
21 VI. ADOPTION:
22 13.32.600 Effective Date -Annexations. Any discharges from Premises in areas not
23 presently being served which are annexed to the City subsequent to the enactment of this
24 Chapter shall be considered new discharges. Wherever in this Ordinance time limits are
25 established or periods of compliance or extensions thereof are specified,the commencement
26 date for computing such periods of time limits for areas annexed to the City of San
27 Bernardino subsequent to December 15, 1977 shall be the official annexation date. This
28 Section shall have no application to firms or industries established in annexed areas
2001-00001
50246_1 - 65 - September 8, 1997
AN ORDINANCE OF THE CITY OF SAN BERNARDINO.CALIFORNIA,AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM,TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS
1 subsequent to the annexation date. (Ord. MC-273, 5-23--83; Ord. 3693 §25, 1977)
2 13.32.605 Effective Date-City of San Bernardino and Unincorporated Portions of San
3 Bernardino County Served by the San Bernardino POTW. The Mayor will sign this and the
4 City Clerk shall attest thereto, and it shall become effective in the City of San Bernardino and
5 portions of San Bernardino County served by the San Bernardino POTW thirty (30) days
6 after adoption.
7 13.32.610 Conflicts. All ordinances or portions of ordinances in conflict herewith are
8 hereby repealed.
9
10 1 HEREBY CERTIFY that the foregoing Ordinance was duly adopted bythe Mayorand
11 Common Council of the City of San Bernardino at a meeting thereof,
12 held on the day of , 1997, by the following vote, to wit:
13
14 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
15 NEGRETE
16 CURLIN
17 ARIAS
18 OBERHELMAN
19 DEVLIN
20 ANDERSON
21 MILLER
22
23
24
25
26 Rachel Clark, City Clerk
27
28
2001-00001
50246_1 - 66 - September 8, 1997
AN ORDINANCE OF THE CITY OF SAN BERNARDINO,CALIFORNIA.AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
FACILITIES TO REVISE INDUSTRIAL LIMITS FOR DISCHARGE INTO SEWER SYSTEM.TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
1 The foregoing Ordinance is hereby approved this day of
2 1997.
3
i 4 Tom Minor, Mayor
5 City of San Bernardino
APPROVED AS TO FORM
6 AND LEGAL CONTENT
7 JAMES F. PENMAN
City Attorney
8
9 By:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2001-00001
50246_1 - 67 - September 8, 1997