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72 ORDINANCE NO. 72 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REGULATING THE DISCHARGE OF WASTES INTO THE SEWERAGE SYSTEM OF THE CITY OF GRAND TERRACE. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTIONS: I PREAMBLE - DEFINITIONS 1.0 Purpose 1.1 Definitions 1.2 Abbreviations II GENERAL PROVISIONS 2.0 inistra ion 2.1 Authorization for New or Increased Pollutant Discharges 2.2 General Discharge Prohibitions 2.3 Prohibition Against Discharging Solid or Fluid Material to Watercourses 2.4 Prohibition Against Discharging Pollutants to the Ground 2.5 Special Restrictions, Vehicle Servicing Facility 2.6 Special Restrictions, Water Conditioning Devices 2.7 Special Restrictions, Restaurants 2.8 Federal Categorical Pretreatment Standards 2.9 Pretreatment 2.10 Monitoring Facilities 2.11 Inspection and Sampling 2.12 Confidential Information 2.13 Excessive Discharqe 2.14 Slug Loading Reports 2.15 Annual Public Notice 2.16 Damage to City's Equipment or Facilities 2.17 Compensation for Unauthorized Discharges 2.18 Charges 2.19 City's Right of Revision 2.20 Appeal from Decisions 2.21 Interpretation 2.22 Severability III PERMITS 3.0 Wastewater Discharge Permits 3.1 Permit Applications 3.2 Permit Modifications 3.3 Permit Conditions 3.4 Permit Duration 3.5 Permit Transfer 3.6 Reporting Requirements IV ENFORCEMENT 4.0 ot- -cation of Violation 4.1 Show-Cause Hearing 4.2 Termination of Service 4.3 Immediate Termination of Service 4.4 Legal Action 4.5 Monetary Penalties V ADOPTION 5.0 • fective Date - Annexations 5.1 Effective Date - City 5.2 Posting 5.3 Effective Date and Adoption I PREAMBLE SECTION 1.0 Purpose and Policy - This Ordinance sets forth uniform requirements for all Users of the sewerage system of the City of Grand Terrace. This Ordinance enables the City to comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this Ordinance are: (a) To prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the system or contaminate the resulting sludge; (b) To prevent the introduction of pollutants into the wastewater system which will pass through the system, inadequately treated, into surface waters, groundwaters, the atmosphere, or otherwise be incompatible with the system; (c) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and (d) To provide for equitable distribution of the cost of the wastewater system. This Ordinance provides for regulation through issuance of permits to certain non-domestic Users and enforcement of general requirements for the other Users. The Ordinance also authorizes monitoring and enforcement activities, User reporting, and provides for the setting of fees for the equitable distribution of costs for sewer service. Section 1.1 Definitions - Unless the context specifically indicates otherwise, the following terms and phrases used in this Ordinance shall have the meanings hereinafter designated: (1) Act or "the Act" - The Federal Water Pollution Control Act, also known as the can ater Act, as amended, 33 U.S.C. 1251, et. seq. - 2 - (2) Approval Authority - The Director in an NPDES state with an approved mom State Pretreatment Program and the Administrator of the EPA in a non-NPDES state or NPDES state without an Approved State Pretreatment Program. (3) Authorized Representative of Industrial User - An authorized representative of an industrial User may e: (A) A principal executive officer of at least the level of vice-president if the Industrial User is a corporation; (B) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (C) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates. (4) Categorical Standard - A National Categorical Pretreatment Standard containing pollutaff discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347), which applies to a specific category of Industrial Users. (5) City - The City of Grand Terrace or the Grand Terrace City Council . ** (6) City Engineer - City Engineer of the City of Grand Terrace or his authorized'—representative. (7) Class I User - Any User which discharges one or more of the 0 owing: (1) Industrial wastewater at a rate of at least 20,000 gallons per day (gpd) ; (2) a waste equivalent to 20,000 gpd of domestic strength wastewater; (3) a waste which contains significant concentrations of any toxic pollutant(s) listed by the Environmental Protection Agency or pollutants listed in Exhibits "A" or "B", or any User which handles wastewater for which the Director of Community Services deems a permit is necessary. ** (8) Control Authority - The "Approval Authority," defined hereinabove; or the City Engineer if the City has an approved Pretreatment Program under the provisions of 40 CFR 403.11. (9) Cooling Water - The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat. (10) Environmental Protection Agency, or EPA - The U.S. Environmental Protection Agency or, where appropria e, the term may also be used as a designation for the Administrator or other duly authorized official of said agency. (11) Exchange-Type Water Conditioning Apparatus - A water conditioning apparatus that is remove rom the premises at which it is normally operated for regeneration at a commercial regeneration plant. (12) Gravity Separation Interceptor An approved detention chamber designed to remove grease, oil , and solids from wastewater before discharge to the POTW. - 3 - (13) Grab Sample - A sample which is taken from a waste stream on a one- ime asis with no regard to the flow in the waste stream and without consideration of time. (14) Interference - The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the City's NPDES Permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with 405 of the Act, (33 U.S.C. 1345) or violation of any regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent State regulations. (15) May is permissive. (16) New Source - Any source, the construction of which is commenced after e pu ication of proposed regulations prescribing a Section 307(c) (33 U.S.C. 1317) Categorical Standard which will be applicable to such source if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal , a new source means any source, the construction of which is commenced after the date of promulgation of the standard. (17) National Pollution Discharge Elimination System or NPDES Permit - The Permit issued pursuant to Section 402 of the Act . . 2) for the Colton POTW treatment plant. (18) Person - Any individual , partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context. (19) "Plumbing Official " - Plumbing Official shall mean the Director of Building and safety of the City of Grand Terrace or his authorized representative. (20) Pollution - The man-made or man-induced alteration of the chemical , physical—, biological , and radiological integrity of water. (21) Pollutant - Any dredged spoil , solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial , municipal , and agricultural waste discharged into water. (22) Pretreatment or Treatment - The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical , chemical , or biological processes, or process changes of other means, except as prohibited by - 4 - 40 CFR Section 403.6(d) (use of dilution to achieve compliance with Categorical Standards). (23) Publicly Owned Treatment Works (POTW) - A treatment works as defined y Section 212 of the Act, . 1292). This definition includes any devices or systems used in the storage, treatment, recycling, and reclamation of municipal sewage. It also includes sewers, pipes, and other conveyances which convey wastewater to the Colton POTW treatment plant. (24) POTW Treatment Plant - That portion of the POTW designed to provide treatment to was ewater. (25) Restaurants - Restaurants shall include, but not be limited to, retail establis ments selling prepared foods and drinks for consumption on the premises, and also lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. Restaurants, lunch counters, and drinking places operated as a subordinate service facility by other establishments shall also be included. (26) Sewerage Holding Tank Waste - The term "Sewerage Holding Tank" means a water tight, covere recep acle which is designed to receive and store discharge of sewerage and is accessible for product removal of its contents. (27) Shall is mandatory. (28) State - State of California. (29) Standard Industrial Classification (SIC) - A classification pursuant to the Standard Industrialassi ica ion Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. (30) Storm Water - Any flow resulting from natural precipitation. (31) Toxic Pollutant - Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under Section 307(a) of the Act or other Federal regulations. (32) User - Any person who contributes, causes, or permits the contribution of wastewater into City's POTW. (33) Wastewater - The liquid and water-carried industrial or domestic wastes fran dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW. (34) Waters of the State - All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial , - 5 - public or private, which are contained within, flow through, or border upon the State or any portion thereof. Section 1.2 Abbreviations - The following abbreviations shall have the designated meanings: BOD - Biochemical Oxygen Demand L - Code of Federal Regulations ESA - Environmental Protection Agency ms71 - Milligrams per Liter NPMS - National Pollutant Discharge Elimination System P6TW— - Publicly Owned Treatment Works - Standard Industrial Classification MA - Solid Waste Disposal Act, 42 U.S.C. 6901, et. seq. - Total Suspended Solids U - United States Code II GENERAL PROVISIONS Section 2.0 Administration - Except as otherwise provided, the City Engineer shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted or imposed on the City Engineer may be delegated by the City Engineer to persons acting in beneficial interest of or in the employ of the City. Section 2.1 Authorization for New or Increased Pollutant Discharges - It shall be unlawful to discharge to the any wastewater excep' t as authorized by the City Engineer in accordance with the provisions of this Ordinance. Section 2.2 General Discharge Prohibitions - No User shall contribute or cause to be contributed, erect y or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. The following substances shall not be contributed to the POTW: (a) Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire, explosion, or, in any other way, be injurious to the POTW or to operation of the POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) , be more than five percent (5%), nor any single reading over ten percent (10%), of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides, or any other substances which the City, State, or EPA has notified the User is a fire hazard or a hazard to the system. (b) Solid or viscous substances which may cause obstruction to sewer flow or interference with the operation of the wastewater treatment facilities such as, but not limited to, grease, garbage with particles - 6 - greater than one-half inch (1/2") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal , glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil , mud, or glass grinding or polishing wastes. (c) Any wastewater having a pH less than 5.0, unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW. (d) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitutes a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed any of the maximum limitations set forth in Exhibit "A" or any applicable Categorical Standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act. (e) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. (f) ArLy substance which may cause the POTW's effluent, or any other product of theh POTW such as residues, sludges, or scums to be unsuitable for reclamation and reuse. In no case shall a substance discharged to the POTW cause the POTW to violate applicable sludge use or disposal regulations developed under Section 405 of the Act or any regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, Clean Air Act, Toxic Substances Control Act, or State regulations. (g) Any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions. (h) Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40°C (104°F). (i) Any pollutants, including oxygen demanding pollutants released at a flow rate and/or pollutant concentration which will cause interference to the POTW or otherwise cause violation of the NPDES permit or receiving water quality standards. (j) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may cause violation of applicable State or Federal regulations. - 7 - (k) Any wastewater which causes a hazard to human life or creates a public nuisance. (1 ) Any wastewater with incremental mineral concentrations in excess of the maximum limitations presented in Exhibit "B". The incremental concentration shall be determined by subtracting the water supply concentration from the wastewater concentration for each constituent. The water supply concentration used shall be the monthly flow-weighted concentration for the City of Grand Terrace, or the Riverside Highland Water Company. (m) Any wastewater with total concentrations of oil and grease in excess of 250 mg/l . Section 2.3 Prohibition Against Discharging Solid or Fluid Material to Watercourse - It sYa77be unlawful for any person to discharge or cause to e discharged nto any storm drain, storm water channel, or natural water course, whether currently carrying water or not, or into any pipe or waterway leading to such drain, channel , or watercourse any solid or fluid material which will impair the useful functioning of such drain, channel , or watercourse, or which will cause expense to the City, or other public agency, maintaining the proper functioning of same, or which will cause a public nuisance, public hazard, or pollution of waters of the State. Section 2.4 Prohibition Against Discharging Pollutants to the Ground - It shall be unlawful for any person to deposit or discharge, or cause to be -deposited or discharged, into any sump which is not impermeable, or into any pit or well , or onto the ground, or into any storm drain or watercourse any material which, by seeping underground or by being leached or by reacting with the soil , can pollute usable groundwaters. Section 2.5 Special Restrictions, Vehicle Servicing Facility (a) Any facility maintained for the servicing or repair of any vehicles or roadway machinery shall install and maintain a gravity separation interceptor. It shall be easily accessible for cleaning and for inspection by the City Engineer or his representative. Waste waters from toilets shall not be allowed to pass through this interceptor, but all wastewaters arising from the servicing and repair of vehicles shall pass through this interceptor before discharge to the POTW. (1) If the facility does not include facilities for the washing of more than one vehicle at a time, the interceptor shall have an operation fluid capacity of not less than 6 cubic feet and an accessible effective water surface of not less than 4 square feet. "Accessible effective water surface" is here understood to mean a surface which is easily accessible for cleaning and which at the same time will retain oil floating on the surface of water passing through the trap under conditions of use. The interceptor shall be water tight, structurally sound, and durable. (2) If the vehicle serving facility has facilities for washing or otherwise cleaning more than one vehicle at a time, the - 8 - interceptor shall be as large as necessary so that 7-day accumulation of sand.and oil will not together fill more than 25 AIM percent of the fluid capacity. The interceptor shall be designed so as to retain any oil and grease which will float and any sand which will settle. It shall be water tight, structurally sound, and durable. (b) Any interceptor legally and properly installed at a vehicle servicing facility before the effective date of this Ordinance shall be acceptable as an alternative to the interceptor specified in Section 2.5(a) provided such interceptor is effective in removing sand and oil and is so designed and installed that it can be inspected and properly maintained. If the City Engineer finds, either by engineering knowledge or by observation, that an interceptor is incapable of retaining adequately the sand and oil in the wastewater flow from a vehicle servicing facility, he shall require that an adequate interceptor be constructed. (c) The Building Inspector shall not approve the plumbing of a vehicle servicing or repairing facility if it does not have a gravity separation interceptor meeting the requirements of this section. (d) The gravity separation interceptor shall be properly maintained. It shall be cleaned as often as is necessary to assure that accumulations do not impair the efficiency of the interceptor. Accumulated sediment and floating material shall be disposed of at a legal disposal site and not to the POTW. An interceptor is not considered to be properly maintained if for any reason it is not in good working condition or if sand and oil accumulations total more than 25 percent of the operating fluid capacity. The owner of any vehicle servicing facility, the lessee and sublessee, if there be such, and any proprietor, operator, or superintendent of such facility are individually and severally liable for any failure to properly maintain such interceptor. Section 2.6 Special Restrictions, Water Conditioning Devices (a) The restrictions in this section do not apply to exchange type water conditioning apparatus. Water conditioning apparatus includes zeolite anion or cation exchange softeners, demineralizers, and other like devices. No water conditioning equipment in use after the effective date of this Ordinance may discharge its wastes to the sewer or to the ground if the equipment has a mineral capacity in excess of one (1.0) cubic foot. Multiple units installed to supply water to the same premises shall be considered as a single apparatus for the purpose of this section. (b) After the effective date of this Ordinance, it shall be unlawful to install or replace water conditioning apparatus of any size which discharges its regeneration wastes to the sewer or to the ground. - 9 - Section 2.7 Special Restrictions, Restaurants - After the effective date of this Ordinance, the City Engineer may require restaurants or other food processing facilities to direct all wastes from floor drains, sinks, " waste container wash racks, and diswashers directed through a minimum 750 gallon gravity separation interceptor. Garbage grinder wastewater and all domestic wastewaters from restrooms, showers, and drinking fountains shall be kept separate until the previously specified wastes have passed through the interceptor. Section 2.8 Federal Categorical Pretreatment Standards (a) Affect on Ordinance Limits - Upon the promulgation of the Categorical Standards for a par icu ar industrial subcategory, Standards more stringent than limitations imposed under this Ordinance shall immediately supersede the limitations imposed under this Ordinance. The City Engineer shall notify affected Users of the applicable reporting requirements under the Federal General Pretreatment Regulations. (b) Modification - Where the City's wastewater treatment system achieves consis en removal of pollutants limited by Categorical Standards, the City may apply to the Approval Authority for modification of specific limits specified therein. "Consistent Removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95 percent of the samples taken when measured according to the procedures set forth in Section 403.7(c) (2) of (Title 40 of the Code of Federal Regulations, Part 403) - "General Pretreatment Regulations for Existing and New Sources of Pollution" promulgated pursuant to the Act. The City may then modify pollutant discharge limits in the Categorical Standards if the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and approval from the Approval Authority is obtained. Section 2.9 Pretreatment - Users shall provide necessary wastewater treatment as required to comply—with this Ordinance and shall achieve compliance with Categorical Standards within the time limitations specified therein. Any facilities required to pretreat wastewater to a level acceptable to the City shall be constructed, operated, and maintained at the User's expense. The City may request detailed construction drawings showing pretreatment facilities and a description of operating procedures. New facilities shall be approved by the City before construction. The review of such drawings and operating procedures will in no way relieve the User from the responsibility of modfying the facility as necessary to produce an effluent acceptable to the City under the provisions of this Ordinance. Any subsequent changes in the pretreatment facilities or method of operation shall be approved by the City prior to the User's initiation of the changes. - 10 - Section 2.10 Monitoring Facilities - The City may require, at the User's expense, installation and operation of monitoring facilities to allow inspection, sampling, and measurement of pollutants and discharges to the POTW. The required sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the User. Monitoring facilities should normally be situated on the User's premises, but the City may, when such a location would be impractical or cause undue hardship on the User, allow the facility to be constructed in the public street or sidewalk area or located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near any monitoring facility to allow use by the City Engineer of portable sampling and monitoring equipment. Construction drawings for proposed monitoring facilities shall be approved by the City Engineer prior to construction. Whether constructed on public or private property, the sampling and monitoring facilities shall be constructed in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written approval by the City Engineer. Section 2.11 Inspection and Sampling - The City Engineer may inspect facilities of any User to ascertain w et er t e purpose of this Ordinance is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City Engineer ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, or performance of any of his duties. The City Engineer shall have the right to set up on the User's property such devices as are necessary to conduct sampling inspection, compliance monitoring, and/or metering operations. Where a User has security measures in force which would require proper identification and clearance before entry into their premises, the User shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, the City Engineer or his agents will be permitted to enter, without delay, for the purposes of performing specific responsibilities. Section 2.12 Confidential Information - Information and data regarding a User, obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agencies without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of the City Engineer that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of User. Wastewater constituents and characteristics will not be recognized as confidential information. When agreed upon by the City Engineer, portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this Ordinances, the National Pollutant Discharge Elimination System (NPDES) Permit, or other State - 11 - regulations, provided that such portions of a report shall be available for use by the State in judicial review or enforcement proceedings involving the User furnishing the report. Information accepted by the City Engineer as confidential shall not be transmitted to any governmental agency or to the general public by the City until and unless a 10-day notification is given to the User. Section 2.13 Excessive Discharge - No User shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in Categorical Standards or in arty other pollutant-specific limitation developed by the City. However, dilution may be an acceptable means of complying with some of the prohibitions set forth in Section 2.2 (e.g. the pH prohibition). Section 2.14 Slug Loading Reports - If for arty reason pollutants are discharged at a flow rate or concen ra ion which can cause interference with the POTW, the User is required to verbally notify the City Engineer immediately. The verbal report shall be followed by a written report submitted to the City Engineer within 24 hours. Section 2.15 Annual Public Notice - The City Engineer shall annually publish in the newspaper of general circu ation a list of all nondomestic users which significantly violated applicable Categorical Standards and/or other Ordinance provisions during the previous 12 months. A significant violation is arty violation which remains uncorrected 45 days after notification of noncompliance; which is part of a pattern of noncompliance over a 12-month period; which involves a failure to accurately report noncompliance; or which resulted in the City Engineer exercising the emergen authority specified in Section 4.4. Section 2.16 Damage to City 's Equipment or Facilities - Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing, or tampering with any temporary or permanent structure, equipment, or appurtenance which is part of the POTW shall be a violation of this Ordinance. Section 2.17 Compensation for Unauthorized Discharges - Any User who discharges wastewaters which amage the POTW or monitoring equipment, detrimentally affect wastewater treatment processes, significantly increase POTW operation costs, or result in any other damages including the imposition of fines or penalties on the City by regulatory agencies shall be liable to the City for all damages and additional cost occasioned thereby. A service fee of 25 percent of the City's damages and costs shall be added to these charges and shall be payable within 30 days of invoicing by the City. Section 2.18 Charges - Charges for sewer use shall be established and revised periodically by resoTution of the City Council . Section 2.19 City's Right of Revision - The City reserves the right to establish by ordinance more s ringen imi ations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in Section 1.0 of this Ordinance. - 12 - Section 2.20 Appeal from Decisions - Decision, judgment, or findings made by the City Engineer pursuant to this Ordinance may be appealed to the City Council . The City Council may amend, modify, confirm, or reject any such decision, judgment, or finding (including waivers) provided the purpose and intent of this Ordinance is not violated. No appeal shall be made with respect to the specific Ordinance requirements pertaining to quality, content, or method of disposal of wastewater that may be discharged as contained in Sections 2.2, 2.3, and 2.4. Section 2.21 Interpretation - All the provisions of this Ordinance are to be reasonably interpre e t is the intent herein to recognize that there are varying degrees of hazard to surface and underground waters and to apply the principal that the degree of protection should be commensurate with the degree of hazard. Section 2.22 Severability - If any provision, paragraph, word, section, or article of this r finance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect. III PERMITS Section 3.0 Wastewater Discharge Permits - All Class I Users proposing to connect to or contribute to the POTW shall obtain a Wastewater Discharge Permit before connecting to or contributing to the POTW. All Mr existing Class I Users connected to or contributing to the POTW shall obtain a permit within 180 days after the effective date of this Ordinance. Section 3.1 Permit Applications - Users required to obtain a permit shall complete and fie with the City Engineer an application in a form prescribed by him and submit the required filing fee. Applicable permit fees shall be established by resolution of the City Council . Existing Class I Users shall apply for a permit within 60 days after the effective date of this Ordinance. New Class I Users shall apply at least 90 days prior to connecting to or contributing to the POTW. The following information may be required with the permit application: (a) Name, address, and location (if different from the address) ; (b) SIC number according to the Standard Industrial Classification Manual , Bureau of the Budget, 1972, as amended; (c) Wastewater constituents and characteristics, as determined by a State certified analytical laboratory, including but not limited to those referred to in Section 2.2 of this Ordinance and Exhibits "A" and "B" attached thereto; (d) Time and duration of discharge(s) ; (e) Average daily and 15-minute peak wastewater flow rates, including daily, monthly, and seasonal variations if any; - 13 - (f) Site plans, floor plans, mechanical and plumbing plans, including details showing all sewers, sewer connections, and appurtenances by the size, location, and elevation; (g) Descriptions of activities, facilities, and plant processes on the premises including all materials which are or could be discharged; (h) Number and type of employees, hours of plant operations, and proposed or actual hours of pretreatment system operation; (i ) A time schedule for compliance with any Ordinance provision or Categorical Standard for which immediate compliance is not possible. (j) Any other information as may be deemed by the City Engineer to be necessary to evaluate the discharge to the POTW. After evaluation and acceptance of the data, the City Engineer may issue a Wastewater Discharge Permit subject to terms and conditions provided in this Ordinance. Section 3.2 Permit Modifications - Within 9 months of the promulgation of a Categorical an ar , permits for Users subject to such Standards shall be revised to require compliance within the time frame prescribed by such Standard. Where an affected User has not previously submitted an application for a permit as required by Section 3.1, the User shall apply within 180 days after the promulgation of the applicable Categorical Standard. In addition, Users with existing permits shall submit to the City Engineer, within 180 days after the promulgation of an applicable Categorical Standard, the information required by paragraphs (h) and (i ) of Section 3.1 of this Ordinance. The terms and conditions of the permit may be subject to modification by the City Engineer during the term of a permit if limitations or requirements, as referenced in Section 2.2, are modified or other just cause exists. The User shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in a permit shall include a reasonable time schedule for compliance. Section 3.3 Permit Conditions - Permits shall be subject to all provisions of this Ordinance and all other applicable regulations and fees established by the City. Permits may contain the following: (a) The unit charge or schedule of sewer use charges and fees for the wastewater to be discharged to the sewer; (b) Limits on the average and maximum wastewater constituents and characteristics; (c) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization; (d) Requirements for installation and maintenance of inspection, sampling, and monitoring facilities; - 14 - (e) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for analyses; (f) Compliance schedules; (g) Requirements for submission of reports; (h) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, and affording City access thereto; (i) Requirements for notification of the City or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents discharged to the POTW; (j) Requirements for notification of slug discharges as per Section 2.14; W Other conditions as deemed appropriate by the City Engineer to ensure compliance with the Ordinance. Section 3.4 Permit Duration - Permits shall be issued for a specified time period, not to exceed ive y ears, and shall be stated to expire on a specific date. The User shall apply for permit reissuance a minimum of 180 days prior to the expiration of the User's existing permit. Section 3.5 Permit Transfer - Permits are issued to a specific User for a specific operation. A permit shall not be reassigned, transferred, or sold to a new owner or User, different premises, or a new or changed operation. Section 3.6 Reporting Requirements - In addition to slug loading reports (see Section which are app icable to all Users, the following reports may be required: (a) Self-Monitoring Reports - Permitees will be required to submit periodic se -monitoring reports. All required analyses must be performed by a State Certified Laboratory. (b) Categorical Standards Compliance Reports - Users affected by Categorical Standards must submit initi—ail baseline reports and periodic compliance reports and, if necessary, schedule compliance reports and final compliance reports. (1) Initial baseline reports must be submitted by Users affected by Categorical Standard. If immediate compliance with the Categorical Standard is not possible and additional pretreatment or operation and maintenance is necessary, the report must specify the shortest time necessary to achieve compliance. The completion date must not be later than that specified in the applicable Categorical Standards. - 15 - (2) Schedule compliance reports must be submitted at the completion of all major events necessary to achieve full compliance with the Categorical Standards, but not less frequently than 9 months. (3) Final compliance reports must be submitted within 90 days of achieving compliance with Categorical Standards. (4) Periodic compliance reports must be submitted, as a minimum, during June and December of each year after full compliance with Categorical Standards has been achieved. The reports must include all monitoring data specified in the applicable Categorical Standard. Analyses must be performed by a State Certified Laboratory. (c) Upset Reports - In the event of an exceptional incident causing unintentiona and temporary noncompliance with Categorical Standards, the User shall submit a written report to the POTW within 24 hours of becoming aware of the upset. IV ENFORCEMENT Section 4.0 Notification of Violation - Whenever the City Engineer finds that any User has violated an applicable Wastewater Discharge Permit, or any provision, prohibition, limitation, or requirements contained in this Ordinance, he may serve upon such User a written notice stating the nature of the violation. Within a prescribed period specified on the notice, a plan for the satisfactory correction thereof shall be submitted to the City Engineer by the User. Section 4.1 Show Cause Hearing (a) The City Engineer may order any User who causes or allows an unauthorized discharge to enter the POTW to show cause before the City Council why termination of service or other enforcement steps should not be taken to correct violations of Ordinance provisions or Wastewater Discharge Permit Conditions. A notice shall be served on the User specifying the time and place of the hearing, the reasons why the action is to be taken, and the proposed enforcement action. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of the User. (b) The City Council may itself conduct the hearing and take the evidence, or may designate any of its members or the City Engineer to: (1) Issue in the name of the City Council a notice requesting the attendance and testimony of witnesses and the presentation of evidence relevant to any matter regarding the unauthorized discharge; (2) Take evidence at the hearing; - 16 - (3) Transmit a report regarding the hearing, including transcripts, other evidence, and recommendations to the City Council for action thereon. (c) At any show-cause hearing, testimony taken must be under oath and recorded stenographically. Copies of the transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. (d) After the City Council has reviewed the evidence, it may issue an order to the User responsible for the discharge indicating that, following a specified time period, sewer service will be terminated, legal action will be taken, or monetary penalties will be sought unless violations of the Ordinance or the Wastewater Discharge Permit are corrected. Section 4.2 Termination of Service - Any User who violates the following conditions of this Ordinance, or applicable State and Federal regulations, is subject to having sewer service terminated in accordance with the procedures specified in Section 4.1 of this Ordinance: (a) Failure of a User to factually report the wastewater constituents and characteristics of his discharge; (b) Failure of the User to report significant changes in operations, or wastewater constituents and characteristics; (c) Refusal of reasonable access to the User's premises for the purpose of inspection or monitoring; or (d) Violation of the Ordinance or permit conditions. Section 4.3 Immediate Termination of Service - The City Engineer may immediately suspend wastewater treatment service and any Wastewater Discharge Permit when such suspension is necessary, in the opinion of the City Engineer, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, the environment, or causes interference to the POTW. Any person notified that wastewater treatment service and any Wastewater Discharge Permit has been suspended shall immediately stop and eliminate the applicable contributions to the POTW. In the event of failure to comply voluntarily with the suspension order, the City Engineer shall take steps as deemed necessary including immediate severance of the sewer connection. Wastewater treatment service shall be reinstated by the City Engineer after the non-complying discharge has been eliminated. The cost of such discontinuance and reinstatement of service shall be borne by the User. A detailed written statement, submitted by the User, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City Enigineer within 15 days of the date of the occurrence. - 17 - Section 4.4 Legal Action - If any person contributes any wastes to the POTW contrary to the provisions of this Ordinance, Federal or State Pretreatment Requirements, or any order issued by the City, the City Attorney may petition the Superior Court of San Bernardino County for issuance of a temporary restraining order, preliminary injunction, permanent injunction, or any or all of these as may be appropriate to prevent the continuance of such contribution. Section 4.5 Monetary Penalties (a) Civil Penalties - Any User who is found to have violated, or who willfulTy or negligently failed to comply with any provisions of this Ordinance, or a Wastewater Discharge Permit issued hereunder, may be fined up to Five Hundred Dollars ($500). Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporters ' fees, and other expenses of litigation by appropriate suit against the person found to have violated this Ordinance or orders and permits issued hereunder. (b) Falsifying Information - Any person who knowingly makes any false statements, represen ation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this Ordinance or a Wastewater Discharge Permit, or knowingly causes inaccuracy in any monitoring device or method required under this Ordinance, shall , upon conviction, be punished by a fine of not more than One Thousand Dollars ($1,000) or by imprisonment for not more than six (6) months, or by both. V ADOPTION Section 5.0 Effective Dates - Annexations - Wherever in this Ordinance time limits are established or periods of compliance or extensions thereof are specified, the commencement date for computing such periods or time limits for areas annexed to the City of Grand Terrace subsequent to enactment to this Ordinance shall be the official annexation date. This section shall have no application to firms or industries established in annexed areas subsequent to the annexation date. Section 5.1 This Ordinance shall be in full force and effect at 12.01 a.m. on the 31st day after its adoption. Section 5.2 The City Clerk shall cause this Ordinance to be posted in three (3) public places designated for such purpose by the City Council . Section 5.3 First read at a regular meeting of the City Council of said City held on the 26th day of May, 1983, and finally adopted and ordered posted at a regular meeting of said City Council on the 9th day of June, 1983. - 18 - ATTEST: i o e City o ran a�yo o f i o ran r e Terrace and of the City Counci and of the Ca Cou it thereof. thereof. , Approved as to form: i ty ttorney - 19 - EXHIBIT "A" L-0-1 ORDINANCE NO. 72 ADOPTED JUNE 9, 1983 Toxic Limitations Maximum Concentrations (mg/1 ) Arsenic 0.15 Barium 2.25 Cadmium 0.07 Chromium, Total 0.65 Cobalt 1.10 Copper 1.75 Cyanide 1.00 Iron 4.00 Lead 1.35 Manganese 0.35 Mercury 0.01 Nickel 0.50 Phenol 10.00 Selenium 0.05 Silver 0.40 Zinc 0.60 EXHIBIT "B" 10, ORDINANCE NO. 72 ADOPTED JUNE 9, 1983 Mineral Limitations Maximum Incremental Concentrations (mg/l )* Filterable Residue (@ 180°C) 635 Sodium 250 Chloride 145 Total Hardness (as CaCO3) 320 Boron 1.8 Fluoride 6.0 *The incremental concentration shall be determined by subtracting the water supply concentration from the wastewater concentration. The water supply concentration used shall be the monthly flow-weighted concentration for the City of Grand Terrace or, if applicable, the Riverside Highland Water Company. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at a regular meeting of the City Council held on the 9th daffy of June, 1983, and that it was so adopted by the following vote: AYES: Councilmembers Rigley, Petta, Pfennighausen; Mayor Grant. NOES: None. ABSENT: Councilman Nix. / rl City Cle0V of the Ci ty of Gran errace and of t46 City Council thereo . STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full, true, and correct copy of Ordinance No. 72 of said City, and that the same has not been amended or repealed. DATED: June 9, 1983. City C1je^ of the G1V of Gr(fiderrace and of he City Council thereof.