HomeMy WebLinkAbout2010-07-21 Ordinance 5084follows:
Ordinance No. 5084
Ordinance of the Council of the City of Palo Alto Repealing
. Chapter 16.09 of the Palo Alto Municipal Code and Amending
Title 16 to Adopt a New Chapter 16.09 (Sewer Use
Ordinance) Establishing Regulations to Reduce Discharges of
Pollutants to the Sanitary Sewer and Storm Drainage Systems
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
(A) In order to protect the public health. and environment, including the City's
sanitary sewer collection system, the Palo Alto Regional Water Quality Control Plant, and San
Francisco Bay, the City has developed and implemented a water quality control program;
(B) Protection of the sanitary sewer collection system, the treatment plant, and
San Francisco Bay also requires strict control of industrial wastewater discharges and all types of
contaminated water which would otherwise flow to the storm drain system, creeks, and San
Francisco Bay;
(B) The adoption of this Sewer Use Ordinance is a component of the City's
water quality control program and supports the City's authority to iniplement state and federally
mandated storm water, pollution prevention, and industrial waste pretreatment programs;
(C) The City desires to maintain and enhance its leadership position in
reducing pollutant loadings to natural water bodies to the maximum extent practical, while still
maintaining a heathy and vibrant business community;
(D) In order to continue to address new pollutants of concern and pollutant
sources, City staff shall inform the Council of the need for further controls on industrial,
commercial and residential wastewater and storm water discharges.
SECTION 2. Chapter 16.09 (Sewer Use Ordinance) of Title 16 (Building) of the
Palo Alto Municipal Code is hereby repealed in its entirety and restated as follows:
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II
II
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100628 syn 6051181
Chapter 16.09
Sections:
16.09.005
16.09.010
16.09.015
16.09.020
16.09.025
16.09.030
16.09.035
16.09.040
16.09.045
16.09.050
16.09.055
16.09.060
16.09.065
,16.09'.070
/16.09.075
16.09.080
16.09.085
16.09.090
16.09.095
16.09.100
16.09.105
16.09.110
16.09.115
16.09.120
16.09.125
16.09.130
16.09.135
16.09.140
16.09.145
16.09.150
16.09.155
16.09.160
16.09.165
16.09.170
16.09.175
16.09.180
16.09.185
16.09.190
100628 syn 6051181
SEWER USE ORDINANCE
Purpose and Applicability
Definitions
Responsibility of the Superintendent
Confidentiality
Alteniative Materials and Methods
Limitationws on Point of Discharge
Prohibitions
Standards
Additional Copper Limitations for Industrial Waste
Grease Disposal Prohibited
, Unpolluted Water
Standards for Other Industrial Wastes
Best Management Practics (BMPs)
Trucker's Discharge Permit
Food Service Establishments
Industrial Waste Discharge Permit
Industrial Wastes Discharge Permit Procedures
Requirements for Facilities Affected byNational Pretreatment Standards
Modification, Suspension or Revocation of Industrial Wastes Discharge
Permit Issuance, Denial, Modification, Revocation, or Suspension Hearing
Waste Sampling Locations
Discharger Monitoring
Prohibition against Dilution
Discharger Self-Monitoring
Maintenance and Operation of Pollution Control and Monitoring
Equipment
Compliance with the Pretreatment Requirements
Reporting Requirements for all Permitted Dischargers
Requirments for Reporting Noncompliance, Increased Loading, Slug
Discharges, Accidential Discharges
Certification of Reports
Falsification of Information
Date of Receipt of Reports
Retention of Records
Storm Drain System: Prohibited Discharges
Requirements for Construction Operations
General Prohibitions and Practices
Requirements for Newly Constructed, Remodeled or Converted Multi-
Residential, Commercial and Industrial Facilities
Personnel Orientation
Accidental Discharges Prevention
2
16.09.195
16.09.200
16.09.205
16.09.210
16.09.215
16.09.220
16.09.225
16.09.230
16.09.235
16.09.240
16.09.245
16.09.250
16.09.255
16.09.260
16.09.265
16.09.270
16.09.275
16.09.280
16.09.285
Storage of Hazardous Materials Above Sinks
Zinc-Containing Floor Finishes
Requirements for Cooling Systems, Pools, Spas, Fountains, Boilers and
Heat Exchangers
Root and Pest Control Chemicals
Requirements for Photographic Materials Processing
Requirements for Dental Facilities that Remove or Place Amalgam
Fillings
Requirements for Vehicle Service Facilities
Requirements for Machine Shops
Annual Publication of Significant Noncompliant Dischargers
Enforcement: Warning
Enforcement: Notice of Noncompliance
Enforcement: Administrative Compliance Order
Enforcement: Criminal Penalties
Enforcement: Administrative Citation
Enforcement: Adm.inistrative Civil Penalties
Enforcement: Judicial Civil Penalties
Damage to Facilities
City Right to Terminate Discharge
Enforcement: Remedies Nonexclusive
16.09.005 Purpose.
The overall goal of this Chapter and the City's water quality control program is to prevent
and control pollution and protect and foster human health and the environment. The specific
purpose of this Chapter is to prevent the discharge of any pollutant into the sanitary sewer
system, the storm drain system, or surface waters, which would: 1) obstruct or damage the
sanitary sewer or storm drain system; 2) interfere with, inhibit or disrupt thp Palo Alto Regional
Water Quality Control Plant (the "plant"), or its treatment processes, or operations, or its sludge
processes, use or disposal; 3) pass through the treatment system and contribute to violations of
the regulatory requirements placed upon the plant; or 4) result in or threaten harm to or
deterioration of human health or the environment. It is the intent of the City to update and
modify this Chapter as needed to continue to provide a program for protection-of the storm drain
system and pretreatment of industrial wastes which is approved by federal and state regulatory
agencies. Therefore this Chapter is designed to be no less stringent than the u.S. Environmental
Protection Agency "General Pretreatment Requirements for Existing and New Sources of
Pollution" published at Title 40 of the Code of Federal Regulations (CFR), Part 403 and The
Federal Water Pollution Control Act, 33 U.S.C. section 1251, as applicable, and as such
requirements may be amended from time to time (hereinafter the "Pretreatment Requirements"
and "Clean Water Act").
16.09.010 DefInitions.
The following words and phrases, whenever used in this Chapter, shall be as defined herein.
Words, terms and phrases used in this Chapter not otherwise defined shall be as defined or
interpreted or used in the Pretreatment Requirements. Terminology for analytical testing shall be
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100628 syn 6051181
that contained in "Guidelines Establishing Test Procedures for the Analysis of Pollutants,"
published at Title 40 CPR, Part 136.
"Annual average concentration" means the average concentration of a substance
measured over any twelve-month period of time.
"Authorized Representative" means an authorized or duly authorized representative as
defined below:
(a) If the discharger is a corporation:
(1) The president, secretary, treasurer, or a vice-president of the
corporation in charge of a principal business function, or any other person who performs similar
policy or decision-making functions for the corporation; or
(2) The manager of one or more manufacturing, production, or
operating facilities, provided the manager is authorized to make management decisions that
govern the operation of the regulated facility including having the explicit or implicit duty of
making major capital investment recommei1dations, and initiate and direct other comprehensive
measures to assure long-term environmental compliance with environmental laws and
regulations; can ensure that the necessary systems are established or actions taken to gather
complete and accurate information for discharge permit requirements; and where authority to
sign documents\ has been assigned or delegated to the manager in accordance with corporate
procedures.
(b) If the discharger is a partnership or sole proprietorship: a general partner
or proprietor, respectively.
( c) If the discharger is a federal, state, or local governmental facility: a
director or highest pfficial appointed or designated to oversee the operation and performance of
the activities of the gov~ent facility, or their designee.
(d) The individuals described in paragraphs (a) through (c), above, may
designate a Duly Authorized Representative if the authorization is in writing, the authorization
specifies the individual or position responsible for the overall operation of the facility from
which the discharge originates, or with overall responsibility for environmental matters for the
organization, and the written authorization is submitted to the Superintendent.
"Average concentration" of a substance means the total daily discharge weight of the
substance divided by the total daily wastewater volume at the point of discharge.
"Berm" means a ridge, lip or other raised barrier to the flow of liquid which is not
rendered ineffective by the liquid and is sufficiently high to contain anticipated fluid amounts, or
which causes sufficient grade to prevent migration of anticipated fluid amounts.
"Best Management Practices" or "BMPs" means schedules of activities, prohibitions of
practices, maintenance procedures and other management practices to implement the
prohibitions in this Chapter. BMPs include treatment requirements, operating procedures and
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100628 syn 6051181
practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from
materials storage.
"Biochemical Oxygen Demand" or "BOD" means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures.
"Categorical Pretreatment Standard" means any regulation containing pollutant discharge
limits promulgated by EPA that apply to a specific category of dischargers and that appear in 40
CFRChapter I, Subchapter N, Parts 405 -471.
"Categorical Discharger" shall mean any discharger subject to categorical Pretreatment
Standards.
"Cesspool" means a lined or partially lined underground pit into which raw sanitary sewage is
discharged.
"City" means City of Palo Alto
"Collection system" means the pipes, junction boxes, channels and other conveyance
apparatus used to move storm water or sewage.
"Cooling system blowdown" means water routinely discharged from a cooling water
system to maintain efficient operation of the system.
"Cooling water" means water which is used to cool fluids or equipment in commercial or
industrial processes or air conditioning systems.
"Cooling water system" means the pipes, heat exchangers and other appurtenances used
to convey cooling water in cooling towers, direct contact cooling systems and similar fixed
cooling systems. Multiple units of a cooling water system serving a building or piece of
equipment are considered as one system if the cooling water distribution system units are
physically connected.
"Contaminated groundwater" means water found beneath the earth's surface which does
not meet State or Federal standards for drinking water supplies or other specified beneficial uses.
"Contaminated water" means water that does not meet State or Federal standards for
discharge to navigable waters.
"County" shall mean the County of Santa Clara.
"Cycles of concentration" means the flow rate of water added to a cooling tower water
system divided by the flow rate of water discharged from the cooling tower.
"Discharge" means the introduction of any pollutant or of any industrial, commercial or
domestic waste into the sanitary sewer system or storm drain system.
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100628 syn 6051181
"Discharger" means any person or entity who has the potential to or who discharges,
causes, or permits the discharge of any pollutant or of any industrial, commercial or domestic
waste into the sanitary sewer system or storm drain system.
"Domestic waste" means the liquid and waterborne wastes derived from the ordinary
living processes, free from industrial wastes and of such character as to permit satisfactory
disposal, without special treatment, into the sewer system.
"Enforcement Response Plan" or "ERP" means the document describing the guidelines
for identifying violations of and enforcing specific local limits; Pretreatment Standards and
requirements; and the requirements of this Chapter.
"EPA" means the United States Environmental Protection Agency.
"Exceptional waste" means that subset of industrial waste specified In Section
16.09.080(c)(2) of this Chapter.
"Fail-safe valve" means a gravity, spring loaded or electrically driven valve that is
normally closed. The valve can be opened by continuously applying pressure or depressing a
switch mechanism that automatically closes the valve when not in use or depressed.
"Grease" means, and includes, fats, oils, waxes or other related constituents. Grease may
be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils, and
fats in meats, cereals, seeds, nuts and certain fruits. Grease may also be of mineral origin,
including kerosene, lubricating oil, and road oil. Grease in the sanitary sewer system is generally
present as, but need not be, a floatable solid, a liquid, a colloid, an emulsion, or in a solution.
"Hazardous material" means any material so designated by Title 1 7 of this code.
"Hazardous waste" means a material designated as a hazardous waste by either State or
Federal regulations.
"Industrial waste" means the waste or wastewater from any production, manufacturing or
processing operation of whatever nature including institutional and commercial. "Industrial
waste" shall not include domestic waste. "Industrial waste" shall include contaminated water
from construction operations, contaminated water from erosion of disturbed land, and
contaminated water from irrigation runoff.
"Interference" means a discharge that, alone or in conjunction with a discharge or
discharges from other sources, inhibits or disrupts the Plant, its treatment processes or
operations, or its sludge processes, use or disposal, or exceeds the design capacity of the sanitary
sewer system.
"Loading dock" means that area of a facility intended for the loading and unloading of
trucks, plus an additional radius of ten feet.
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100628 syn 6051181
"Machine shop" means a fixed facility which cuts, grinds, polishes, deburrs, or machines
metal parts but does not conduct metal finishing as that term is defined by the EP A in 40 CFR
part 433.
"Metal fabrication facility" means a fixed facility that forms, welds and assembles metal
pieces, but does not conduct metal finishing as that term is defined by the EP A in 40 CFR part
433.
"New source" means a new or modified building, structure, facility or installation as
defined in EPA 40 CFR part 403.3(m) from which there is or may be a discharge subject to
proposed or existing Pretreatment Standards.
"Oil-water separator" means a receptacle designed and constructed to intercept, separate,
and prevent the passage of oils and sediments into the sanitary sewer system.
"Once-through coo~ing system" means a cooling system through which water passes
.through only once before discharge to a drain, including laboratory bench top cooling systems.
"Organic solvent" means any solvent which contains carbon in its molecular structure.
"Pass-through" means a discharge that exits the Plant into a water of the United States in
quantities or concentrations that, alone or in conjunction with a discharge or discharges from
other sources, is a cause of a violation of any requirement of the Plant'sNPDES permit
(including an increase in the magnitude or duration of a violation).
"Person" means any individual, partnership, firm, association, corporation, or public
agency.
"Plant" means the Palo Alto Regional Water Quality Control Plant.
"Point of discharge" means the point or points designated as such in the permit. Where no
designation is made it shall mean the point where the private sewer joins a public sewer.
"Pretreatment Standards" means prohibited discharge standards, categorical Pretreatment
Standards and local limits.
"Pretreatment requirement" means any substantive or procedural requirement related to
pretreatment imposed on a discharger, other than a Pretreatment Standard.
"Pretreatment system" means a treatment system at an industrial or commercial facility
that is designed to reduce the amount of pollutants, eliminate pollutants, or alter the nature of the
pollutant properties in the waste water prior to discharge to the sanitary sewer system.
"Root control chemicals" means any chemical introduced into pipes in order to inhibit or
kill roots in the pipe.
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100628 syn 6051181
"Sampling location" means an access box, valve, spigot or similar structure from which I samples representative' of an industrial wastewater discharge from a particular process or
processes, piece of equipment, activity, building, or facility are collected.
"Sanitary sewage" or "sewage" means water-carried wastes from residences, business
buildings, institutions, and industrial establishments, excluding ground, surface and storm
waters, subsurface drainage and also excluding industrial waste.
"Sanitary Sewer Overflow" or "SSO" means any overflow, spill, release, discharge or
diversion of untreated or partially treated wastewater from the sanitary sewer system. SSOs
include:
(a) Overflows or releases of untreated or partially treated wastewater that
reaches waters of the United States;
(b) Overflows or releases of untreated or partially treated wastewater that do
not reach waters of the United States; and
( c) Wastewater backups into buildings and on private property that are caused
by blockages or flow conditions within the sanitary sewer system.
"Secondary containment" means and shall have the meaning specified by the Hazardous
Materials Storage ordinance (Title 17, Palo Alto Municipal Code).
"Seepage pit" means a device comprised of one or more pits extending into porous strata,
lined with open-jointed masonry or similar walls, capped and provided with a means of access
such as a manhole cover and into which wastewater disposal system effluent is discharged.
"Sewage treatment plant" means any arrangement of devices and structures used for
treating sanitary sewage.
"Sewer" means a pipe or conduit for carrying sewage.
"Sewer system" or "sanitary sewer system" means the collection system, all sewers,
treatment plants and other facilities owned or operated by the City of Palo Alto for carrying,
collecting, storing, treating, reclaiming and disposing of sanitary sewage and industrial wastes.
"Significant Industrial User" (SIU) means, except as provided in (c ) and (d):
(a) A discharger subject to categorical Pretreatment Standards; or
(b) A discharger that:
(1) Discharges an average of twenty-five thousand (25,000) gpd or more of
process wastewater to the sanitary sewer system (excluding sanitary, noncontact cooling and
boiler blowdown wastewater);
(2) Contributes a process waste stream which makes up five (5) percent or
more of the average dry weather hydraulic or organic capacity of the sanitary sewer system; or
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100628 syn 6051181
(3) Is designated as such by the Superintendent on the basis that it has a
reasonable potential for adversely affecting the sanitary sewer system's operation or for violating
any Pretreatment Standard or Requirement.
(c) The Superintendent may determine that a discharger subject to categorical
Pretreatment Standards is a Non-Significant Categorical Industrial User (Non-SCIU) rather than
a Significant Industrial User on a finding that the discharger never discharges more than 100
gallons per 'day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling
and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard)and
the following conditions are met:
(1) The discharger, prior to Superintendent's finding, has consistently
complied with all applicable categorical Pretreatment Standards and Requirements;
(2) The discharger annually submits the certification statement required in
16.09.135(a)(3), together with any additional information necessary to support the certification
statement; and
(3) The discharger never discharges any untreated concentrated wastewater.
(d) Upon a finding that a discharger meeting the criteria in Subsection (b) of this part
has no reasonable potential for adversely affecting the sanitary sewer system's operation or for
violating any Pretreatment Standard or Requirement, the Superintendent may at any time, on its
own initiative or in response to a petition received from a discharger, determine that such
discharger should not be considered a Significant Industrial User.
"Significant noncompliance" means a violation or series of violations by a discharger of
one or more criteria set forth in 40 CFR 403.8(f)(2)(viii).
"Simple payback period" means the number of years required to allow the dollar value of
an investment in water pollution control to be exceeded by cost savings resulting from the
investment.
"Single Toxic Organic" or "STO" shall mean the highest quantifiable value for any
individual toxic organic compound.
"Slug discharge" means any discharge of a non-routine, episodic nature, including but not
limited to an accidental spill or a non-customary batch discharge of wastewater, material or
waste of high volume or pollutant concentration which violates any of the specific prohibitions
listed in 40 CFR 403.5(b)or Sections 16.09.045 or 16.09.050 of this code or that has a reasonable
potential to 'cause Interference or Pass-Through or in any other way violate the Plant's
regulations, Local Limits, or Sanitary Sewer System requirements or NPDES Permit conditions ..
"Storm drains" or "storm drain system" means the system of pipes, gutters, surface
conveyance and channels used to collect and convey storm water.
, "Superintendent" meanS the manager of the Palo Alto Regional.Water Quality Control
Plant, his or her designee or such other person as may be designated by the city manager.
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100628 syn 6051181
"Total Toxic Organics" or "TTO" shall mean the sum of all quantifiable toxic organic
compound concentrations greater than 0.010 mglliter.
"Toxic organic compound" shall mean any organic pollutant contained in 40 CPR Part
433. 11 (e).
"Unpolluted water" means water to which no constituent has been added, either
intentionally or accidentally, that would render such water unacceptable for disposal to the storm
drain system or natural drainage or directly to surface waters. .
"Wastewater" the liquid and water-carried wastes generated by a domestic, commercial
and or industrial facility, whether treated or untreated, discharged into or permitted to enter the
sewer system.
"Wet sanding" means the use of water and sandpaper for.the removal of paint.
16.09.015 Responsibility of the superintendent.
The Superintendent shall be responsible for the administration and enforcement of the
provisions of this Chapter, for conducting an industrial waste source control program, and for
promulgating such orders, rules and requirements as are necessary to accomplish the purpose of
this article in accordance with the requirements that are or may be promulgated by the
Environmental Protection Agency, the state of California Water Resources Control Board, the
State Department of Health Services, the California Regional Water Quality Control Board for
the San Francisco Bay Region or other duly authorized boards or agencies.
16.09.020 Confidentiality.
(a) Any information submitted to the Superintendent pursuant to this Chapter may be
claimed as confidential by the submitter. Any such claim must be asserted at the time of
submission by stamping the words "confidential business information" on each page containing
such information. Information submitted prior to the inclusion of this section in the Chapter may
be withdrawn and replaced by submittals stamped "confidential business information." lfno such
claim is made at the time of submission the information may be made available to the public
without further notice.
Upon receipt of a request for the release of information to the public which includes
information which the discharger has notified the Superintendent is claimed to be a trade secret
or sensitive as provided herein, the Superintendent shall notify the discharger in writing of the
request by certified mail, return receipt requested. The Superintendent shall release the
information to the public, but not earlier than thirty days after the date of mailing the notice 6f
the request for information, unless, prior to the expiration of the thirty-day period, the discharger
files an action in an appropriate court for a declaratory judgment that the information is subject
to protection under the laws of the state of California or for an injunction prohibiting disclosure
of the information to the public and promptly notifies the Superintendent of that action. This
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100628 syn 605118L
section does not pennit a discharger to refuse to disclose the infonnation required pursuant to
this Chapter to the Superintendent.
(b) Infonnation and data provided to the Superintendent pursuant to this section
which constitutes effluent or flow data, as defined at 40 CFR 2.302, shall be available to the
public without restriction.
( c) A discharger may be prohibited from discharging a substance unless its
composition is made known to the Superintendent.
16.09.025 Alternate materials and methods.
(a) Practical Difficulties. The Superintendent is authorized to modify any of the
provisions of this Chapter upon application in writing by the owner, a lessee or an authorized
representative where there are practical difficulties in the way of carrying out the provisions of
this Chapter, provided that the purpose of this Chapter, as set forth in Section 16.09.005, shall be
complied with, and substantial justice done. The particulars of such modification and the
decision of the Superintendent shall be entered upon the records of the plant and a signed copy
shall be furnished to the applicant.
(b) Alternate Materials. The Superintendent, upon application in writing by the
owner, a lessee or an authorized representative, and on notice to the chief building official, is
authorized to approve alternate materials or methods, provided that the Superintendent finds that
the proposed design, use or operation satisfactorily complies with the intent of this Chapter and
that the material, method of work perfonned or operation is, for the purpose intended, at least
equivalent to that prescribed in this Chapter in quality and effectiveness in meeting the purposes
of this Chapter. Approvals under the authority herein contained shall be subject to the approval
of the chief building official whenever the alternate material or method involves matters
regulated by any code administered by the chief building official. The particulars of any approval
made by the Superintendent under this subsection shall be entered upon the records of the plant
and a signed copy shall be furnished to the applicant.
16.09.030 Limitations on point of discharge.
No person shall discharge any substances directly into a manhole or other opening in a
city sewer or stonn drain system, other than through an approved building sewer, or other
location approved by the Superintendent.
16.09.035 Prohibitions.
Wastes discharged into the sewer system shall not have characteristics which by themselves or
by interaction with other wastes may:
(a) Endanger the health and safety of the public or city personnel;
(b) Cause corrosion or other damage to the sewer system;
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100628 syn 6051181
( c) Create nuisance such as odors or coloration;
(d) Result in extra cost of collection, treatment, or disposal;
( e) Interfere with, inhibit or disrupt any wastewater treatment process of the plant, its
treatment processes, sludge processes, or operations in such manner to cause violations of the
plant's NPDES permit, Or any regulatory requirement, or result in the use of sludge in
noncompliance with any applicable requirements. This shall include instances due to flow rate
and/or pollutant concentration, including oxygen-demanding pollutants (BOD, etc.) and applies
to increases in magnitude or duration of violation by the plant;
(f) Pass through or exit the plant into waters of the United States in quantities or
concentrations which contribute to a violation of any regulatory requirement applicable to the
plant. This shall include increases in mag~itude or duration of any violation or period of
noncompliance; .
(g) Cause the temperature of the influent flow to the plant to exceed 40°C (l04°p);
(h) Prevent, hinder, delay, or impede compliance with effluent quality requirements
established by regulatory agencies, or exceed the same;
(i) Cause wastewater quality to fall outside reclamation feasibility limits.
G) Obstruct flows within the sewer system or otherwise cause or contribute to
sanitary sewer overflows.
16.09.040 Standards.
(a) The following standards shall apply to all discharges to the sewer at a designated
sampling location determined by the Superintendent to be consistent with the dilution prohibition
contained in Section 16.09.115.
(b) Maximum allowable limitations at the point of sampling shall be specified in each
discharge permit, based on flow and waste stream information supplied in the discharger's permit
application, applicable National Pretreatment Standards for process wastewaters, and other
pertinent information. Maximum allowable limitations may be expressed both in terms of total
mass discharged and maximum allowable limits.
(c) The National Pretreatment Standards set forth in 40 CPR Chapter I, Subchapter N,
Parts 405-471 shall apply to all applicable sources. The definitions and procedures for
establishing individual effluent limitations shall be as specified therein. Nothing in this Chapter
shall be construed as allowing less stringent limitations.
(d) Local limitations, in addition to those specified in this section, shall be developed
by the Superintendent based upon the prohibitions contained in Section 16.09.035. These
limitations will be imposed on appropriate dischargers via industrial waste discharge permits or
modifications to existing permits.
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100628 syn 6051181
( e) In addition to the requirements of ( c) and (d) above, the following requirements
shall apply where they are more stringent:
Parameter
Dis!!olved sulfides
Fluoride
Mercaptans
Oil & grease**
Oil & grease (total)
Maximum Limits* mg/liter
0.10
65
0.10
20
200
* Apply to both instantaneous and composite samples ** Gravity separation at a temperature of20"C. and a pH of 4.5.
Para
meter
Minimum
limit Maximum Limit
pH*
*nounits
Parameter
5.0
Suspended solids
Total dissolved solids
Maximum
Limits*
mglIiter
3000
5000 * Apply to instantaneous samples only ** Apply to composite samples only
11.0
Maximum Limits**
mg/liter
6000
10000
(t) Dyes. Wastes showing excessive coloration shall not be discharged into the sewer
system. Excessive coloration shall be defined as any coloration in a waste which, for any wave
length, displays less than sixty percent of the light transmissibility of distilled water under the
following conditions:
(1) After filtration through a 0.45 micron membrane filter;
(2) In the pH range of 5.5 to 11.0;
(3) Through a one centimeter light path;
(4) A maximum spectrum band width of 10 nanometers;
(5) Through the wave length range from 400 to 800 nanometers.
(g) Oil and/or grease shall not be discharged into the sewer system if the average
concentration of floatable oil and/or grease (defined as that which is subject to gravity separation
at a temperature of 20° C. and at a pH of 4.5) exceeds twenty mg/liter; nor shall the total oil
and/or grease concentration exceed two hundred mg/liter. In addition, the discharge of petroleum
oil, non-biodegradable cutting oil, or products of mineral origin in amounts that cause
interference or pass-through shall be prohibited.
(h) Hazardous, Noxious or Malodorous Substances. No industrial waste shall be
discharged which alone or in combination with other wastes may create a public nuisance· or
hazard, make human entry into the sewers unsafe, or which constitutes a discharge of hazardous
waste.
(i) Permitted dischargers shall be required to certify at least every six months in their
Periodic Report of Continued Compliance (PRCC) that their discharged waste does not
constitute a hazardous waste and that during the previous six months no discharge of hazardous
waste has occurred. Dischargers shall be required (as a condition to permission to discharge) to
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100628 syn 6051181
file with the Palo Alto fire department a current hazardous materials business plan (HMBP)
pursuant to Title 17 of this code and to have on site copies of material safety data sheets for all
hazardous materials stored, generated, or used at the discharger's site. Should any discharge of a
hazardous waste occur, the discharger shall immediately verbally notify the Superintendent and
shall also verbally notify the EP A and the Regional Water Quality Control Board as soon as
possible, but in no event later than twenty-four hours after such discharge. The discharger shall
also notify the Superintendent, EP A and the Regional Water Quality Control Board in writing no
longer than 21 days after such discharge.
(j) Records of hazardous waste disposal manifests, inventories of stored virgin and
used hazardous materials, and other documentation required by the HMBP shall be maintained
and made available for inspection as described in 16.09.160.
(k) Explosives. No solids, liquids, or gases which by themselves or by interaction
with other substances may create fire or explosion hazards, including waste streams with a
closed cup flashpoint of less than 140°F. (60°C) shall be discharged to the sewer system.
Flammable substances including, but not limited to, acetone, alcohols, benzene, gasoline, xylene,
hexane and naphtha, shall not be discharged into the sanitary sewer system except where present
in contaminated groundwater discharges being discharged under an exceptional waste permit
issued by the Superintendent. Where groundwater discharges contain such contaminants, the
discharger shall monitor the sewer atmosphere for explosivity and flammability using a properly
calibrated meter designed for this purpose. The frequency of such monitoring shall be defined in
the permit. Whenever ten percent of the lower explosive level is exceeded, the discharger shall
immediately notify the Superintendent of the potential hazard in the sewer once the
determination of threatened explosivity has been made. The discharger shall follow verbal
notification within five days with a written explanation of the cause of the explosive hazard,
corrective actions taken to alleviate the situation, and measures taken to prevent reoccurrence.
The discharger shall not recommence discharge without prior written approval of the
Superintendent. Where flammable substances are used in processes, separate collection and
disposal outside the sanitary sewer system shall be provided.
(1) Organic Solvents. Except as permitted by other sections of this Chapter, the sewer
shall not be used as a means of disposal for organic solvents. Wastewater discharged to the
sanitary sewer system shall not contain a sum total greater than 1000 mglliter of acetone,
ethanol, methanol, or isopropyl alcohol, in any combination. Dischargers having organic solvents
on site or using same shall provide and use a separate collection and disposal system outside the
sewer system and shall provide safeguards against their accidental discharge to the sewer. An
approved toxic organic management plan (TOMP) that includes control measures to prevent
entry of toxic organics and other solvents into the sanitary sewer system shall be filed by the
discharger as a condition of permission to discharge to the sanitary sewer. The TOMP shall be
updated whenever any significant change in the inventory, usage, or management of toxic
organic compounds occurs. The updated TOMP shall be submitted to the City for approval
within (30) days. Records documenting appropriate disposal and handling of organic solvents
shall be maintained and made available for inspection as described in 16.09.160.
Organic solvents shall include, but shall not be limited to those used in dry
cleaning establishments, and shall also include separator water generated by dry cleaning
14
100628 syn 6051181
equipment. Neither the organic solvent nor the separator water may lawfully be discharged to the
sewer or storm drain system.
(m) Toxic Organics. The prohibition against disposal of organic solvents contained in
16.09.040(1) may be replaced by a specific limitation on Single Toxic-Organics (STO) and Total
Toxic Organics (TTO). Any such limitation must be contained in an industrial waste permit.
The maximum allowable limit for TTO shall be 1.0 mglliter. The maximum
allowable limit for STO shall be 0.75 mglliter.
Additionally, dischargers subject to a National Pretreatment Standard shall
comply with any toxic organics standard defined by the applicable National Pretreatment
Standards.
The maximum allowable limit for phenols shall be 1.0 mglliter.
(n) Radioactivity. The discharge of radioactive wastes or isotopes into the sewer
system is prohibited except when in conformance with all applicable state and federal
regulations.
(0) Solids or Viscous Substances. No material shall be discharged to the sanitary
sewer system that will obstruct or damage the sanitary sewer system. Specific prohibitions are as
follows:
(1) Inert Solids. The discharge of inert solids including, but not limited to
sand, glass, metal chips, bone, plastics, etc., into the sanitary sewer system is prohibited. Settling
chambers or treatment works shall be installed where necessary to prevent the entry of inert
solids into the sanitary sewer system.
(2) Solid Particles. Industrial wastes shall not contain particulate matter that
will not pass through a one-half-inch screen; this subsection shall not apply to domestic sewage
from industrial establishments.
(P) Stored Liquid Wastes. Liquid aqueous-based wastes that have been collected and
held in tanks or containers shall not be discharged into the sanitary sewer system except at
locations authorized by the Superintendent to collect such wastes. Wastes of this category
include but are not limited to:
(1)
(2)
(3)
(4)
(5)
Chemical toilet wastes;
Pleasure boat wastes;
Septic tank pumping;
Trailer, camper, house car, or other recreational vehicle wastes;
Industrial wastes collected in containers or tanks.
(q) Toxicity. The following is a nonexclusive list of toxic substances and the
maximum allowable limit for each discharge:
1006288yn 6051181
Toxicant
Arsenic
Barium
Maximum Allowable Limits
mglliter
15
0.10
5.0
.J
Beryllium 0.75
Boron 1.0
Cadmium 0.10
Chromium, Hexavalent 1.0
Chromium total 2.0
Cobalt 1.0
Copper 0.25
Cyanide 0.50
Formaldehyde 5.0
Lead 0.50
Manganese 1.0
Mercury 0.010
Methyl Tertiary Butyl Ether (MTBE) 0.75
Nickel 0.50
Phenols 1.0
Selenium 1.0
Silver 0.25
Zinc 2.0
All limits for metallic substances are for total metal unless indicated otherwise.
For discharges with annual average flows greater than fifty thousand gallons per day
through any single sampling location, the maximum allowable limits shall be one-half the values
listed in the table, with the exception of copper, mercury, MTBE, nickel, and silver, for which
the limits shall remain 0.25 mg/liter, 0.010 mg/liter, 0.75 mgllitei', 0.50 mg/liter, and 0.25
mglliter, respectively, regardless of flow.
The maximum allowable limit for mercury set forth in this section shall not be applicable
to dental facilities using mercury-containing amalgam. Dental facility requirements are set forth
in Section 16.09.220.
The maximum allowable limit for silver set forth in this section shall not be applicable to
photographic materials processing. Silver limitations for photoprocessors are set forth in Section
16.09.215.
The maximum allowable limit for zinc set forth in this section shall not be applicable to
vehicle service facilities. Zinc limitations for vehicle service facilities are set forth in Section
16.09.225.
The maximum allowable limit for copper set forth in this section shall apply to all
discharges except where maximum allowable limitations are specified in Section 16.09.045.
16.09.045 Additional copper limitations for industrial waste.
(a) Industrial waste discharges to the sanitary sewer system are subject to the copper
limitations contained in Section 16.09.040(q) except for industrial waste from the following
facilities, including facilities that are components oflarger facilities, which are subject to specific
limitations set forth in other provisions of this Chapter.
16
100628 syn 6051181
(1) Cooling systems, pools, spas, fountains, boilers and heat exchangers as
specified in Section 16.09.205;
(2) Photo processing facilities as specified in Section 16.09.215;
(3) Dental facilities as specified in Section 16.09.220 and;
(4) Vehicle service facilities as specified in Section 16.09.225;
(6) Machine shops as specified in Section 16.09.230 and;
(5) Non-process, non-domestic waste as specified in Section 16.09.045(c).
(b) Industrial waste discharges to the sewer from metal finishing facilities, as defined
by the EPA in 40 CPR part 413 and part433, shall meet either subdivision (1) or (2) of this
subsection. These requirements shall apply to process wastes containing copper or nickel prior to
dilution by non-metal finishing process wastes, domestic waste, and cooling water.
(1) The annual average copper limit for any twelve month period shall not
exceed 0040 mglliter. In addition, all reasonable control measures specified in accordance with
standards published by the Superintendent shall be installed and implemented; or
(2) The annual average mass of copper shall not exceed an amount specified
by the Superintendent in the industrial waste discharge permit, which is based upon a pollution
prevention review conducted or approved by the Superintendent. The limitation shall be based
upon those control measures having a simple payback period of five years or less. The annual
average mass per day shall be a "rolling" measurement, calculated by multiplying the flow-
weighted average copper concentration for all samples taken during any twelve month period by
the total flow for that twelve month period. The annual average mass per day limit may be
increased by the Superintendent in proportion to increases in production at the discharger's
facility to the extent that such production increases are within the growth allocation specified in
the document prepared by Montgomery Watson, and published by the City of Palo Alto, entitled .
"City of Palo Alto-Local Limits Development -Proposed Local Limits -April, 1994."
(c) The maximum allowable limit for discharge of copper from non-process, non-
domestic waste discharges to the sanitary sewer other than those covered by subsections (a) or
(b) shall be 2.0 mglliter. These waste discharge sources shall be designated by the
Superintendent upon request and typically consist of infrequent, low volume, or exceptional
wastes that are generated during maintenance, repair and cleaning activities.
16.09.050 Grease disposal prohibited.
No person shall dispose of any grease, or cause any grease to be disposed, by discharge
into any drainage piping, by discharge into any public or private sanitary sewer, by discharge
into any stonn drainage system, or by discharge to any land, street, public way, river, stream or
other waterway
16.09.055 Unpolluted water.
(a) Unpolluted water shall not be discharged through direct or indirect connection to
the sanitary sewer system unless a pennit is issued by the City. As used in this section,
unpolluted water shall include stonn water from roofs, yards, foundation or under-drainage,
which meets all state and federal requirements for discharge to surface waters of the United
17
100628 syn 6051181
States. The Superintendent may approve the discharge of such water to the sewer system only
when no reasonable alternative method of disposal is available. If a permit is granted for the
discharge of such water into the sewer system, the user shall pay the applicable charges and fees
and shall meet such other conditions as required by the Superintendent.
(b) Non-emergency once-through cooling water from systems using potable water as
a coolant shall not be discharged to the sanitary sewer system; provided that the Superintendent
may approve an exception in the following instances:
(1) For once-through cooling water used for bench top reflux or distillation or
other similarly sized activity; or
(2) For short term use only, upon the determination that the use is for a
research activity for which another source of cooling is not easily available.
16~09.060 Standards for other industrial wastes.
The Superintendent may establish standards for any industrial wastes not specifically
referred to in this Chapter. These standards shall be published and shall be made available to any
person requesting a copy of the standards.
16.09.065 'Best Management Practices (BMPs).
The Superintendent may require the implementation of BMPs. The Superintendent may
require submission of information to evaluate the implementation and effectiveness ofBMPs.
16.09.070 Trucker's discharge permit.
-.
(a) All persons operating vacuum or pump trucks or other liquid waste transport
trucks desiring to collect or discharge septic tank, seepage pit, chemical toilet, cesspool contents,
or other similar liquid wastes shall be permitted by the _ County and meet the requirements in
Santa Clara County Code, Title B Regulations, Chapter X. All such trucks discharging to the
City sanitary sewer system shall first acquire a trucker's discharge permit from the City.
Discharges in the City sanitary sewer system shall be only at the locations specified by the
Superintendent.
( c) Truck transported industrial wastes discharged to the City sanitary sewer system
shall be only at the locations specified by the Superintendent for the specific waste. The City
shall require payment for treatment and disposal costs or may refuse permission to discharge
cert,ain prohibited wastes in accordance with City of Palo Alto's utilities rules and requirements.
Denial, suspension, or revocation of such permit shall be in accordance with Sections 16.09.095
and 16.09.100 of this Chapter.
(d) Trucks transporting waste shall not combine loads from the different waste types
described in (a), (b) or (c).
( e) Records of all wastes collected or disposed pursuant to this section shall be
maintained and made available for inspection as described in Section 16.09.160.
16.09.075 Food service establishments.
18
100628 syn 6051181
(a) Definitions
"Black Grease" means any contents within or removed from a grease control device,
generally consisting of brown grease combined with wastewater from toilet plumbing associated
with the sanitary sewer.
"Brown Grease" means any contents within or removed from a grease control device,
generally FOG combined with non-restroom FSE wastewater.
"Fats, Oils and Grease (FOG)" means any substance such as a vegetable or animal
product that is used in, or is a by product of, the cooking or food preparation process, and that
turns or may turn viscous or solidifies with a change in temperature or other conditions.
"Food Service Establishment (FSE)" means a facility defined in California Uniform
Retail Food Service Establishments Law (CURFFL) Section 113785, and any commercial entity
within the boundaries of the City, operating in a permanently constructed structure such as a
room, building, or place, or portion thereof, maintained, used, or operated for the purpose of
storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to
other entities, or for consumption by the public, its members or' employees, and which has any
process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors
that are required to be removed by a Type I or Type II hood, as defined in CURFFL Section
113785.
"Grease Control Device (GCD)" means a grease interceptor, grease trap or other grease
removal device designed, constructed and intended to remove, hold or otherwise prevent the
passage of FOG to the sanitary sewer.
"Grease Waste Hauler Service Contract" means a contractual agreement between the City
and a City selected and managed GCD service provider to be used by FSEs.
"Lateral" means the drainage piping and appurtenances that constitute the building's
connection to the City's sanitary sewer system.
"Tallow Receptacle" means a tallow bin or equivalent waste oil/grease receptacle.
"Twenty-five Percent (25%) Rule" means the requirement for grease control devices to
be maintained such that the combined FOG and solids accumulation does not exceed 25% of the
design hydraulic depth in any location of the grease control device., This is to ensure that the
minimum hydraulic retention time and required available hydraulic volume is maintained to
effectively intercept and retain FOG.
"Waste Hauler" means any person permitted with the County of Santa Clara and meeting
County of Santa Clara Code, Title B Regulations and carrying on or engaging in vehicular
transport of waste as part of, or incidental to, any business for that purpose.
"Yellow Grease or Tallow" means any waste FOG material generally generated as a
byproduct from cooking.
19
100628 syn 6051181
(b) Prohibitions. The following prohibitions shall apply to all FSEs:
(1) No person shall dispose of any FOG, or cause any FOG to be disposed, by
discharge into any drainage piping, public or private sanitary sewer, storm drain system, or onto
any land, street, public way, river, stream or other waterway.
(A) Discharge of any GCD contents or materials released during sewer
pipe or lateral cleaning is prohibited.
(B) Disposal of waste cooking oil into drainage pipes is prohibited.
( c) FSE staff shall not remove the contents of GCDs. The contents of GCDs shall
only be removed by permitted waste haulers.
(d) No FSE shall install, have installed, or use a food waste disposer (grinder).
( e) No FSE shall connect any high temperature discharge lines or drainage fixtures
that are not a source of FOG to a GCD. Such shall include, but not be limited to,
the following:
(1) Dishwashers;
(2) Steamers;
(3) Pasta cookers;
(4) Hot discharge lines from buffet counters and kitchens;
(5) Hand washing sinks;
(6) Ice machine drip lines;
(7) Soda machine drip lines;
(8) Discharge lines in bar areas.
(f) No FSE shall operate a GCD where FOG and solids accumulation exceed 25% of
the design hydraulic depth of the GCD (25% rule).
(g) No FSE shall introduce any additives into GCDs and/or FSE wastewater systems
to biologically/chemically treat FOG, fot FOG remediation, to emulsify FOG, or as a supplement
to GCD maintenance, unless the Superintendent grant~ prior written consent. Biological or
chemical treatment of FOG includes, but is not limited to, systems or additives, such as solvents
or enzymes that dissolve or mobilize FOG.
(h) No FSE shall discharge wastes from toilets, urinals, ash basins, and other fixtures
containing sanitary sewage materials to sewer lines draining to aGeD.
(i) No FSE shall allow soap or soapy water to flow to the storm drain system.
G) No FSE shall allow wastewater generated from cleaning of equipment or outside
surfaces containing FOG or food residue to flow to the storm drain system.
(k) Best Management Practices (BMPs). FSEs shall implement BMPs to prevent
20
100628 syn 6051181
FOG discharge to the sanitary sewer and to prevent non-stonn water discharges to the stonn
drain system. All FSEs shall implement and incorporate BMPs into their operations in
accordance with the Superintendent's guidelines, requirements and directives. The
Superintendent may require submission of infonnation to evaluate the implementation of BMPs.
At a minimum the following BMPs shall be implemented by FSE's:
(1) Dishwashing. FSE's shall remove food from preparation and service items
prior to washing. Food waste shall not be disposed in sinks or drains. The FSE shall dispose of
all food waste directly into the trash or food scrap container by physically removing the food
waste with scrapers, towels, paper towels, rubber spatulas, or other effective methods prior to
using water to rinse off plates, dishes, pots, pans, containers, utensils, etc.
(2) Equipment Cleaning.
(A) Drain Screens. Screens shall be installed in all sinks, drains, floor
drains, floor sinks, dishwashers, etc. The screens shall be frequently inspected and cleaned by
disposing waste into the trash or food scrap container to prevent FOG and food buildup.
(B) Cleaning Wastewater. Wastewater generated from cleaning FOG
contaminated items such as large kitchen equipment, floor mats, floors, exhaust hoods and
filters, grills, trash, recycling, and food scrap containers, and tallow receptacles; or from any
washing of items such as plates, dishes, pots, pans, containers or utensils that occurs other than in
an automatic dishwasher shall not be discharged to the sanitary sewer unless it flows through a
GCD.
(C) Exhaust hood and vent grease collection devices. All such
collection devices, including but not limited to grease cups on roofs, in hoods and removable
filters, shall be properly maintained at a frequency sufficient to prevent spills and overflows.
Collected waste oil/grease shall be disposed of in a tallow receptacle.
(3) Stonn water pollution prevention.
(A) Routinely inspect and dry sweep as necessary outside areas such as
walkways, dining areas and waste storage areas to prevent stonn water pollution.
(B) Routinely inspect waste collection containers to verify that covers
are in place and that container and surrounding areas are clean and free of FOG and food residue,
debris and leaks. Such containers include, but are not limited to, trash, recycle, food scrap and
tallow receptacles. If FOG or food residue, debris, or leaks are found the FSE shall immediately
take action to correct the noncompliance. This may include, placing cover(s) on containers and
receptacles, cleaning up FOG or food residues or spills in the surrounding areas or contacting the
appropriate vendor for container or receptacle repair/replacement.
(C) If any outdoor surfaces with FOG or food residue require cleaning,
first sweep or physically remove excess residue, next use a mop and bucket, then discharge
waste mop water through a GCD.
(D) Any wastewater generated from outdoor cleaning of equipment
and outdoor surfaces with FOG or food residue shall be captured and disposed of into the
sanitary sewer. If the wastewater contains FOG, it shall be disposed through a GCD prior to
release to the sanitary sewer system.
21
100628 syn 6051181
(4) FOG Transporting. FSEs shall properly dispose of waste oil and grease
into a tallow receptacle. Waste FOG shall be transported in a covered container. Appropriate
measures shall be taken to prevent spills. Any spills shall be immediately cleaned using methods
described in this Section.
(5) Cleaning with Dry Methods. Dry cleaning methods shall be used inside
and outside to clean up FOG spills. Pick up liquids or FOG with rags or absorbent material.
Sweep up absorbent material and dispose of it in the trash. Regularly use dry methods to clean
near fryers and other locations where FOG may spill or drip. Clean up all FOG spills prior to
mopping.
(6) Drain Fixture Identification. All non-restroom drainage fixtures shall be
labeled with their discharge location. Fixtures draining to GCDs shall be clearly labeled "drains
to grease control device" or equivalent. Fixtures draining to the sanitary sewer that do not drain
through a GCD shall be labeled "drains to sanitary sewer" or equivalent. A list of all non-
restroom drainage fixtures and their discharge locations shall be maintained onsite.
(1) Training.
(1) All FSEs shall take necessary steps to inform appropriate personnel
employed by such FSEs of the provisions of this Section.
(2) Such personnel shall include workers and supervisors whose duties pertain
in any manner to the production, treatment or disposal of waste discharges regulated by this
Section.
(3) Steps to inform such personnel shall include but not be limited to:
(A) Orientation of newly employed or assigned personnel;
(B) Quarterly training of all appropriate personnel;
(C) Posting of signs or posters in work areas indicating BMPs.
(4) All training/orientation shall be documented and employee signatures
retained indicating each employee's attendance and understanding of the regulations reviewed.
These records shall be maintained and made available for inspection as described in Section
16.09.160.
(m) FOG Pretreatment Required. FSEs shall install, operate and maintain an approved
type and adequately sized GCD sufficient to maintain compliance with the objectives of this
Section. The GCD shall be adequate to separate and remove FOG contained in wastewater from
the FSE prior to discharge into the sanitary sewer system. Fixtures, equipment, and drain lines
located in food preparation and cleanup areas of FSEs that are sources of FOG shall be
connected to GCDs. Compliance shall be established as follows:
(1) GCD Requirements.
(A) GCD shall be sized equal to or greater than the minimum size set
forth in the following table based on the number of Drain Fixture Units (DFU) draining to the
GCD.
22
100628 syn 6051181
Sizing Criteria:
Grease Control Device (GCD) Sizing
DFUs
&-
21
35
90
172
216
Drain Fixture
Pre-Rinse Sink
GCD Volume (gallons)
500
750
1,000
1,250
1,500
2,000
DFUNumber
4
3 Compartment Sink
2 Compartment Sink
Mop Basin
3
3
3
Prep Sink 3
Floor Drain 2
Floor Sink 2
(B) GCDs smaller than 500 gallons may be allowed with written
approval by the Superintendent, provided that the proposed design satisfactorily complies with
the intent of this Chapter. ~
(C) All in-ground GCDs greater than 750 gallons shall have a
minimum of three manholes to allow visibility over inlet piping, baffle (divider) piping and
outlet piping, and to ensure accessibility for inspection, cleaning and removal of all contents. The
Superintendent may permit deviance from this requirement in writing prior to GCD installation,
provided that the proposed design satisfactorily complies with the intent of this Chapter.
(D) FSEs shall install GCDs ina suitable location to allow easy access
for inspection, cleaning and maintenance.
(E) Sample boxes shall be installed downstream of all gravity grease
interceptors as defined in the 2007 California Plumbing Code.
(F) Laterals installed between a FSE and GCD, and GCD and the
sanitary sewer system sewer main shall include installation of two way ( double) clean outs to
allow access points for sewer line maintenance and inspection.
(2) GCD Connections
(A) All drainage fixtures where FOG may be discharged shall drain to
a GCD. Such fixtures include, but are not limited to:
(i) Pre-rinse (scullery) sinks;
(ii) Three compartment sinks (pot sinks);
(iii) Drainage fixtures in dishwashing room except for
dishwashers;
(iv) Trough drains (small drains prior to entering a dishwasher),
small drains on busing counters adjacent to pre-rinse sinks or silverware soaking sinks;
(v) Floor drains in dishwashing area and kitchens;
23
100628 syn 6051181
drains/sinks;
(vi) Prep sinks;
(vii) Mop Ganitor) sinks;
(viii) Drains in outside areas designated for equipment washing.
These drains must be covered;
(ix) Drains in trash/recycling enclosures;
(x) Wok stoves, rotisserie ovenslbroilers or other FOG
generating cooking equipment with drip lines;
(xi) Kettles and tiltibraising pans and associated floor
(B) FSEs shall have a sink or other area connected to a GCD for
cleaning floor mats, containers, exhaust hood filters and equipment. The sink or cleaning area
shall be large enough to clean the largest mat or piece of equipment.
(n) Grease control device maintenance requirements.
(1) GCD and sewer line maintenance requirements.
(A) GCDs shall be maintained in efficient operating condition by
periodic removal of the full contents of the GCD which includes wastewater, accumulated FOG,
floating materials, sludge and solids.
(B) All GCDs shall be kept in good repair, functioning properly and
maintained in continuous operation according to manufacturer's guidelines and the
Superintendent's requirements and directives.
(C) If a FSE utilizes automatic or mechanically cleaned GCDs its staff
shall perform daily cleaning and maintenance.
(D) All existing and newly installed GCDs shall be maintained in a
manner consistent with a maintenance frequency approved by the Superintendent pursuant to this
Section.
(E) Sewer lines to and from GCDs shall be kept in good repair and
clear of any FOG accumulation.
(F) No FOG that has accumulated in a GCD shall be allowed to pass
into any sewer lateral, the sanitary sewer system, storm drain system, or public right of way
during maintenance activities.
(G) All FOG discharged during GCD or FSE sewer line cleaning and
maintenance shall be captured. Any FSE that has their kitchen grease waste lines, GCD exit lines
and or laterals cleaned by jetting or hydro-flushing shall capture the contents prior to discharge.
Such contents shall be contained, removed and disposed of by a waste hauler.
(H) All GCDs shall be completely cleaned out and left empty by a City
permitted waste hauler prior to the closure of a FSE, the associated building or a change in
ownership. In the event the tenant cannot be located the building owner shall assume
responsibility for cleaning the GCDs.
(I) Logs shall be kept for all GCD cleaning and maintenance
activities. The required records shall be maintained and made available for inspection as
described in 16.09.160.
24
100628 syn 6051181
(2) GCD Maintenance Frequency.
(A) The GCD maintenance frequency shall be set so as to ensure that
the minimum hydraulic retention time and required available hydraulic volume is maintained to
effectively intercept and retain FOG and minimize the passage of FOG to the sanitary sewer
system. All GCDs shall be maintained to achieve compliance with this Section. When the
cleaning frequency to comply with the 25% rule has not yet been established, unless otherwise
directed by the Superintendent, the following minimum cleaning frequencies shall be
implemented:
(i) Grease interceptors (gravity grease interceptors) greater
than 100 gallons shall have all their contents removed at a minimum once every three months;
(ii) Grease traps (hydro-mechanical grease interceptors) shall
have their contents removed at a minimum once every month;
(iii) Automatic or mechanical self cleaning GCDs shall have
their contents completely removed at a minimum once every six months.
(B) The Superintendent may modify GCD maintenance frequencies at
any time to reflect changes in operating conditions.
(i) The owner/operator of a FSE may at any time submit a
request to the Superintendent requesting a change in the maintenance frequency. The FSE has
the burden of demonstrating that the requested change in frequency reflects actual operating
conditions based on the average FOG accumulation over time and meets the requirements of this
Section. Upon determination by the Superintendent that the requested revision is justified, the
FSE shall adjust its GCD maintenance frequency accordingly.
(C) If the GCD, at any time, contains FOG and solids accumulation
that does not meet the requirements described in this Section, the FSE shall have the GCD
serviced immediately such that all wastewater, FOG, solids, and other materials are completely
removed from the GCD.
(3) Grease waste hauler.
(A) All grease waste haulers servicing GCDs in the City shall comply
with the requirements set forth in the Palo Alto Municipal Code Section 16.09.070, Trucker's
discharge permit.
(B) If the Grease Waste Hauler Service Contract program has been
implemented, FSEs shall use the Grease Waste Hauler Service Contract service provider for
routine cleaning and maintenance of their onsite GCDs. Grease waste haulers not selected as
service providers for the contract may not provide routine cleaning and maintenance of GCDs.
(C) If the Grease Waste Hauler Service Contract program has not been
implemented, the FSE shall retain the services of a permitted grease waste hauler.
(D) Waste haulers disposing at the RWQCP shall not mix brown
grease loads with different types of wastes such as septic, yellow grease, black grease, or any
other waste. Each waste hauler vehicle shall be dedicated to each type of liquid waste. If a GCD
is found to contain black grease, the waste hauler shall immediately notify the Superintendent. Its
entire contents shall be collected and disposed of at the RWQCP, exact disposal location shall be
determined by the. Superintendent.
25
100628 syn 6051181
(E) Waste haulers servicing GCDs shall remove the entire contents of
the GCD including all FOG, water, and solids. The sides and structures shall be scrapped or
otherwise cleaned sufficiently to restore capacity and allow inspection of the device.
(F) Waste haulers servicing GCDs within the RWQCP service area
shall not reinsert or discharge into a GCD, manhole, cleanout, or other sanitary sewer
appurtenance any materials that the waste hauler has removed from a GCD or cause those
materials to be so handled. The waste hauler shall obtain prior written approval from the
Superintendent to decant when using appropriate equipment for the separation of water from the
FOG waste.
(G) Waste hauler manifest shall contain at a minimum the following:
(i) Name and address of site serviced;
(ii) Service date and time;
(ii) Hauler name and truck ID;
(iv) Volume collected;
(v) GCD observations and comments;
(vi) Disposal site and date;
(vii) Driver signature.
(0) Tallow Receptacles.
(1) Collection of waste cooking oil and grease.
(A) Tallow receptacles shall be in place at the location of any FSE that
generates waste oil or grease. Waste oil or grease generation includes, but is not limited to, the
following equipment or activities:
(i) Fryers
(ii) Rotisserie ovens not connected or draining to a GCD;
(iii) Any other type of oil and grease waste created by cooking;
(iv) Cleaning of FOG contaminated equipment;
(v) Waste FOG from automatically or mechanically cleaned
GCDs which require FSE staff maintenance.
(B) At the Superintendents ,request, the FSE shall relocate tallow
receptacles to an indoor or covered location to mitigate storm ~ater pollution.
(2) Tallow hauler.
(A) Tallow haulers servicing FSEs shall immediately clean up any
spills occurring during service.
(B) Tallow receptacles delivered for service shall be free of exterior
FOG.
(P) Requirements for Recordkeeping.
Records shall be maintained and made available for inspection as described in Section 16.09.160.
Such records shall include, but not be limited to, the following:
(1) GCDs:
26
100628 syn 6051181
(A) Waste hauler manifests
(B) Logbook documenting all GCD maintenance and monitoring
activities including FOG and solids accumulation measurements.
(2) Tallow Receptacles:
(A)Maintenance records indicating Serv1.ce, cleaning, repair, and/or
replacement.
(B) Spill log indicating date and time of any spills and cleanups.
(3) Plumbing:
(A)Any sewer line maintenance and monitoring records including cleaning
and videos of facility sewer pipes or laterals.
(B)Records of any sanitary sewer overflows, backups or spills.
(4) All training/orientation records.
(5) Any other information deemed appropriate by the Superintendent to
ensure and document compliance with this Section
(q) Requirements for remodeled and newly constructed FSEs.
(1) Dischargers of FSE wastewater from newly constructed or converted
commercial and industrial facilities shall be in full compliance with the provisions of this Section
at the time of commencement of discharge. .
(2) Buildings that house FSEs shall include a covered area for all receptacles,
dumpsters, biris,. barrels, carts or containers used for the collection of trash, recycling, food
scraps and waste cooking FOG or tallow. The areas shall be designed to prevent water run-on to
the area and runoff from the' area. Drains that are installed within waste storage areas are
optional. Any drain installed shall be connected to a GCD. If tallow receptacle(s) are to be stored
outside then an adequately sized, segregated space for tallow receptacle(s) shall be included in
the covered waste storage area. These requirements shall apply to remodeled or converted
facilities to the extent that the portion of the facility being remodeled or converted is related to
the subject of the requirement.
(r) Accidental or threatened storm drain system discharges. For all unauthorized or
prohibited releases to the storm drain systems including sanitary sewer overflows and threatened
discharges to the storm drain system, the responsible party shall comply with Section 16.09.165.
(s) FSE Inspection and Monitoring. All FSEs shall be subject to the regulations
contained in Palo Alto Municipal Code Section 16.09.110.
16.09.080 Industrial waste discharge permit.
(a) It is unlawful for any person or organization to discharge or cause to be
discharged any industrial waste whatsoever directly or indirectly into the sanitary sewer system
without first obtaining a permit for industrial waste discharge pursuant to this Section.
Appropriate fees for such permits are specified in a utility rate schedule of the Palo Alto utilities
rates and regulations. Furthermore, it shall be unlawful for any person or organization to
27
100628 syn 6051181
discharge any industrial waste in excess of the quantity or quality limitations or to violate any
other requirement set forth in this Chapter or in a permit for industrial waste discharge.
(b) A discharger may submit an advance written request to discharge prohibited
wastes not in conformance with this Chapter or wastes containing concentrations of substances
or characteristics in excess of those permitted by this Chapter. Discharge of such wastes shall not
be allowed without an exceptional waste permit duly issued.
(c) The Superintendent may authorize a discharger by permit to discharge
"exceptional wastes" when the permit will neither result in a violation of any of the provisions of
this Chapter nor cause any of the effects described in Section 16.09.035 of this code nor any
violation of the Pretreatment Requirements. The City shall be compensated for any costs it incurs
in authorizing such discharge including any expense in determining whether such discharge is
compatible with the sanitary sewer system and is in compliance with the Pretreatment
Requirements.
(1) Permission to discharge exceptional waste may either be given as an
addendum to a current permit or by a separate permit. In the case of third parties requesting
permission to discharge waste generated by another party, or the products of treating waste
generated by another party, the waste generator or responsible party must submit a "designation
of authorized representative" (DOAR) form to the Superintendent to authorize the third 'party to
conduct business and sign reports on their behalf. However, certification that the waste as
discharged does not constitute a hazardous waste and the permit and permit application must be
signed by such waste generator or responsible party.
(2) Exceptional wastes are aqueous wastes that may include but are not
'limited to:
(A) Construction site dewatering where soil or groundwater
contamination is present;
(B) Groundwater contaminated with organic solvents generated as a
result of pump tests in preparation for a groundwater cleanup or water generated during sampling
events;
(C) Aqueous wastes generated by either permanent or mobile
hazardous waste treatment units used to treat hazardous waste at the generator's site;
(D) Or aqueous wastes generated as a result of site cleanup activities.
(3) A permit must be obtained prior to commencement of discharge, and
requests for such permits shall be submitted no later than twenty working days prior to intended
discharge. The letter of application shall include the name, address, phone number and title of the
responsible party, on-site contact person's name, address, and twenty-four-hour contact phone
number, analytical data on the contaminants and characteristics of the intended discharge, the
intended point of discharge, the duration and volume, dates of intended discharge, and a site
plan.
(4) A separate charge for processing such requests shall be established by the
Superintendent to recover the City's costs in processing and administering such permits.
(d) The permit for any industrial waste discharge may include, but is not limited to:
28
100628 syn 6051181
(1) A specific date upon which it will expire, not to exceed five years from the
effective date of the pennit;
(2) Requiring installation and maintenance of pretreatment technology,
pollution control, or construction of appropriate containment devices, designed to reduce,
eliminate, or prevent the introduction of pollutants into the sanitary sewer system or storm drain
system and compliance schedules for meeting these requirements;
(3) Effluent limitations;
(4) Self monitoring, sampling, reporting, notification and record keeping
requirements;
" (5) Prohibition of discharge of certain wastewater components;
(6) Installation and maintenance of inspection, sampling and flow
measurement equipment and facilities;
(7) ,Limits on average or maximum rate of discharges;
(8) Restriction of discharge to certain hours of the day;
(9) Requiring payment of additional charges to defray increased costs to the
City created by the wastewater discharge;
(10) Implementation ofBMPs or specific investigations or studies to determine
methods of reducing toxic constituents in the discharge;
(11) Other conditions as may be required to meet the purpose of this Chapter.
(e) No permit for industrial waste discharge is transferable without the prior written
consent of the Superintendent. A change of ownership (including a transfer of the majority of
shares in a corporate discharger) of the waste generating facility requires a new permit
application.
(f) Any person or organization desiring to change the quantity or quality of waste
discharged to the sanitary sewer system or to discharge wastes or use facilities which are not in
conformance with their· industrial waste permit shall apply for and obtain an amended permit
prior to any such discharge or use. An application for an amended pennit must be filed sixty days
in advance of the proposed commencement of such discharge or use of such facilities.
(g) Compliance with the discharger's permit does not relieve the discharger of
responsibility for compliance with all applicable Federal and8tate Pretreatment Standards,
including those which become effective during the term of the discharge pennit.
16.09.085 Industrial wastes discharge permit procedure.
(a) An applicant for a permit for any industrial waste discharge shall complete and
submit an application form established by the Superintendent. The Superintendent may require
information in addition to that required on the application form as deemed reasonable or
necessary to evaluate the application. Interested parties shall be notified of the filing of the
application via posting at city hall or on the city web page.
(b) All wastewater discharge permit applications, user reports and certification
statements must be signed by an authorized representative.
29
100628 syn 6051181
( c) Completed application fonns shall be filed by the discharger not less than sixty
days in advance of commencing discharge. The discharger shall not commence discharge prior to
permit approval without specific, interim approval from the Superintendent to discharge during
the permitting process. .
(d) Determination of National Pretreatment Category according to the Pretreatment
Requirements. Prior to approval· of a discharge permit, the Superintendent shall determine
whether the discharge is subject to the National Pretreatment Standards provided in the
Pretreatment requirements. The determination will be made by the Superintendent following the
guidelines and procedures of that subpart.
( e) The Superintendent may impose terms and conditions on the permit which the
Superintendent deems reasonable or necessary to carry out the purposes of this Chapter.
(t) The application shall be approved if:
(1) The applicant has complied with all requirements of this Chapter and all
applicable city ordinances, state and federal requirements;
. (2) The applicant has furnished all requested infonnation;
(3) The Superintendent determines that there are adequate devices, equipment,
chemicals, and other facilities to sample, meter where desirable, convey, treat, and dispose of the
industrial wastes; and
(4) The person(s) to be responsible for treatment and control are adequately
trained and capable of consistently meeting pennit requirements.
(g) Interested parties shall be notified of the issuance of permits via posting at city
hall or on a city web page. Interested parties and other members of the public may appeal the
issuance of a pennit within forty-five days of issuance and request a hearing on the matter. The
hearing procedures contained in Section 16.09.100 shall be followed. The permit effective date
shall not be postponed solely because of the filing of an appeal.
16.09.090 Requirements for facilities affected by National Pretreatment Standards.
In the event that an industrial waste discharge permit holder or applicant is determined to
be affected by a newly promulgated National Pretreatment Standard or an existing discharge
permit holder is reclassified as being subject to the National Pretreatment Standards provided in
the Pretreatment Requirements due to process changes, or an inspection reveals the presence of
regulated processes, or new infonnation becomes available that justifies or requires a
reclassification, the discharger shall:
(a) File a Baseline Monitoring Report (BMR) per the requirements specified in 40
CFR 403.12(b) within ninety days of the effective date of a National Pretreatment Standard or
reclassification.
(b) If additional pretreatment, operational, or maintenance procedures, or installation
of facilities, equipment or improvements will be required to comply with the National
Pretreatment Standard, the discharger shall include a compliance time schedule per the
30
1006288yn 6051181
requirements specified in 40-CFR 403.12(c) which specifies the shortest feasible schedule by
which the discharger shall provide such additional pretreatment procedures or facilities,
equipment or improvements to attain compliance. For purposes of Pretreatment requirements, the
completion date in this schedule shall not be later than the established compliance date provided
by the applicable Pretreatment Requirements.
(c) File a Compliance Report per the requirements specified in 40 CFR 403.12(d)
within ninety days of the date for final compliance with applicable National Pretreatment
Standards or in the case of a New Source within ninety days following the date commencement
of the introduction of wastewater into the sanitary sewer system. The Compliance Report shall
state the average and maximum daily flow in gallons per day to the sanitary sewer system and
shall contain sampling results from National Pretreatment waste streams and shall contain a
certification statement prepared according to the requirements specified in 40 CFR 403. 12(b)(6).
16.09.095 Modification, suspension or revocation of industrial wastes discharge permit.
(a) Any permit for industrial wastes discharge may be revoked, made subject to
additional terms or conditions, modified or suspended by the Superintendent in addition to other
remedies provided by law, for good cause, including, but not limited to, the following:
(1) To incorporate any new or revised federal, state, or local Pretreatment
Standards or requirements;
(2) To address significant alterations or additions to the discharger's
operation, processes, or wastewater volume or character since the time of the individual
wastewater discharge permit issuance;
(3) To address a change in the plant that requires either a temporary or
permanent reduction or elimination of the authorized discharge;
(4) To stop a discharge or a threatened discharge which presents a hazard or a
threat of hazard to the sanitary sewer system, plant, personnel, public health, safety, welfare,
natural environment, the receiving waters or which violates this Chapter;
(5) For violation of any terms or conditions of the discharge permit;
(6) For misrepresentations or failure to fully disclose all relevant facts in the
discharge permit application or in any required reporting;
(7) For revision of or a grant of variance from categorical Pretreatment
Standards;
(8) To correct typographical or other errors in the individual wastewater
discharge permit;
(9) To reflect a transfer of the facility ownership or operation to a new owner
or operator where requested in accordance with Section 16.09.080(e); or
(10) To implement programs or policies required or requested of the City by
appropriate state or federal regulatory agencies.
(b) Any discharger notified of the Superintendent's intent to revoke, make subject to
additional terms or conditions, modify, or suspend the discharger's permit shall immediately
comply with directives of the Superintendent or cease and desist the discharge of all industrial
wastes or such portion of said wastes as will eliminate the wrongful discharge to the sanitary
31
100628 syn 6051181
sewer system pending any hearing that the discharger may request as set forth in Section
16.09.100 of this Chapter.
(c) The Superintendent shall reissue or reinstate any industrial wastes permit or
modified permit upon proof of satisfactory ability to comply andlor compliance with all
discharge requirements, and the payment of any costs, fines, or penalties which may be assessed.
The Superintendent may require any permit holder to develop and implement a compliance
schedule for any proposed modification to permit terms and conditions.
16.09.100 PerDiit issuance, denial, modification, revocation, or suspension hearing.
(a) The discharger shall have at its request, a hearing before the city manager, or their
designee, before the industrial wastes permit application is issued, denied, or the permit is
revoked, made subject to additional terms or conditions, modified or suspended.
(b) The Superintendent shall give the industrial waste discharger applicant or permit
holder ten calendar days' written notice of intent to issue or deny the application or to revoke,
make subject to additional terms or conditions, modify or suspend the discharger's permit. The
Superintendent shall post a copy of such notice at city hall or on the city web site for interested
persons. The notice shall set forth specifically the grounds for the Superintendent's intention to
deny, revoke, or suspend and shall inform the applicant or permit holder or members of the
public that they have ten days from the date of receipt of the notice to file a written request for a
hearing. The application shall be issued or denied or the permit shall be revoked, modified or
suspended if a hearing request is not received within the ten day period.
(c) If the applicant or permit holder or interested party or parties file(s) a timely
hearing request, the city manager, or their designee, shall within ten calendar days from the
receipt of the request, set a time and place for the hearing. All parties involved shall have the
right to offer testimonial, documentary, and tangible evidence bearing on the issues and to be
represented by counsel. The decision of the city manager, or their designee, whether to issue or
deny the application or revoke, make subject to additional terms and conditions, modify or
suspend the permit shall be final.
16.09.105 Waste sampling locations.
When directed by the Superintendent, establishments from which industrial wastes are
discharged to the sanitary sewer system shall provide and maintain one or more sampling
locations or metering devices or volume and flow measuring methodologies or other sampling
and measuring points approved by the Superintendent which will allow the separate measuring
and sampling of industrial and domestic wastes. Unless otherwise approved by the
Superintendent, domestic and industrial waste shall be kept completely separated upstream of
such sampling locations andlor measuring points. Establishments that are billed for sewer service
on the basis of sewage effluent constituents shall provide a suitable means for sampling andlor
measurement of flow to determine billing constituents in accordance with the utilities rules and .
requirements. Sampling locations shall be so located that they are safe and accessible to the
Superintendent at any reasonable time during which discharge is occurring.
32
100628 syn 6051181
16.09.110 Discharger monitoring.
(a) The Superintendent may conduct all inspection, surveillance, and monitoring
procedures necessary to assure compliance with applicable sections of this Chapter or with
federal or state requirements.
(b) The Superintendent shall be authorized to enter, without unreasonable delay, any
premises of any discharger to carry out inspections, surveillance and morrltoring to assure
compliance with this Chapter and applicable federal, state and local requirements. Records shall
be maintained and made available for inspection as described in Section 16.09.160.
(c) In addition to any other remedy available to the City, the Superintendent may
issue a Notice of Non-Compliance at the time of the inspection to require the discharger to
implement actions that will correct violations of this Chapter or the permit. Such directive shall
be considered as an additional condition on the dischargers' permit and may be reviewed as
provided in Section 16.09.100.
(d) Prior to final closure of any industrial or commercial facility, the Superintendent
may require cleaning, inspection and/or testing of the facility's sanitary sewer lines,
appurtenances and/or devices to ensure that the integrity of the sewer lines has not been
compromised and to determine the quantity and pollutant content of sediments. Inspection and/or
testing to ensure the integrity of sewer lines may be required when the facility's discharge history
includes pH fluctuations, or when past discharges may have compromised or call into question
the integrity of the sewer lines. Inspection and/or testing to determine the quantity and pollutant
content of sediments may be required when the facility's type of operations and pollutant content
of discharges make the presence of contaminated sediments likely. Inspection and testing may
include, but not be limited to, pressurized testing, smoke testing, video camera inspection, and/or
analytical testing of sediments for pollutants regulated by the facility's discharge permit. Where
contaminated sediments or compromised sewer lines are identified, responses may include, but
not be limited to, requiring replacement of compromised sewer lines and requiring removal of
contaminated sediments from sewer lines. In lieu of analytical testing, facilities may elect to
remove sediments from sewer lines in a manner approved by the Superintendent. For the
purposes of this section, "final closure" means closure of an industrial or commercial facility
when an entire building is being vacated by the current operator, or when the uses of an entire
building will no longer include use of hazardous materials.
16.09.115 Prohibition against dilution.
Except where expressly authorized to ... do so by the Superintendent or an applicable
National Pretreatment Standard provided in the Pretreatment requirements, no discharger shall
increase.the use of process water, combine waste streams or in any other way, dilute a discharge.
In addition, no discharger shall dilute process waste streams as a partial or complete substitute
for adequate treatment to achieve compliance with such National Pretreatment Standard or any
other requirement of this Chapter.
16.09.120 Discharger self-monitoring.
33
100628 syn 6051181
(a) The Superintendent may require the discharger to conduct a wastewater sampling
and analysis program of a frequency and type sufficient to demonstrate compliance with the
requirements of this Chapter. The discharge permit shall specify the minimum frequency and
type of samples, flow monitoring, measuring, and analyses to be conducted by the discharger.
Additional monitoring may be required by the Superintendent for violation follow-up or as part
of a notice of noncompliance or other enforcement response. If a discharger subject to reporting
requirements monitors any regulated pollutant at a designated sampling location more frequently
than required, the results of this monitoring shall be reported.
(b) The Superintendent may specify the type of sampling equipment and flow
monitoring equipment that must be installed and used. Flow monitoring equipment installed at a
permitted discharger's sampling locations shall be calibrated at a frequency of at least once per
year or at the frequency recommended by the manufacturer. pH monitoring equipment installed
at a permitted discharger's sampling locations shall be calibrated at a frequency of at least once
every six months or more frequently if recommended by the manufacturer.
( c) Information submitted to satisfy reporting requirements shall be based on data
obtained through appropriate sampling and analysis performed during the period covered by the
report, based on data that is representative of conditions occurring during the reporting period.
(d) All pollutant sampling techniques, analyses, and information to be included in
self-monitoring reporting, submitted as part of a BMR, wastewater discharge permit application,
or report, shall be performed in accordance with 40 CFR Part 136, 40 CFR 403.12(g) and
amendments thereto, unless otherwise specified in an applicable categorical Pretreatment
Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant
in question, or where the EPA determines· that the Part 136 sampling and analytical techniques
are inappropriate for the pollutant in question, sampling and analyses shall be performed using
validated analytical methods or any other applicable sampling and analytical procedures
suggested by the Superintendent or other parties approved by the EP A. Samples shall be
analyzed at the discharger's expense, by a laboratory accredited by the State of California
Department of Public Health for such analysis.
(e) The detection limit used by the discharger for those substances reported as non-
detectable shall be no greater than one-tenth the lowest applicable effluent limit.
(t) The discharger shall monitor for the toxic organic compounds specified in the
National Pretreatment requirements applicable to the discharger.
(g) The Superintendent may determine which additional toxic organic compounds
shall be monitored based on those toxic organics that are representative and expected to be
present. Permitted dischargers who file a toxic organic management plan, per the guidelines
established by the Superintendent, may analyze a subset of the additional toxic organic
compounds to demonstrate compliance with the local limits for Single Toxic Organic (STO) and
Total Toxic Organics (TTO) when specified in a discharge permit issued by the Superintendent.
(h) The Superintendent may require self-monitoring for facilities for which a permit
has not been issued.
34
100628 syn 6051181
(i) All records generated pursuant to this section shall be maintained and made
available for inspection as described in Section 16.09.160.
16.09.125 Maintenance and operation of pollution control and monitoring equipment.
(a) The discharger shall, at all times, properly operate and maintain all facilities and
systems of treatment, disposal, monitoring and control (and related appurtenances) which are
installed or used by the discharger to achieve compliance with this Chapter and/or its wastewater
discharge permit. All required procedures shall be described in an Operations and Maintenance
Manual. The discharger shall keep in a state of readiness all systems necessary to achieve
compliance with the conditions of this Chapter and/or its wastewater discharge permit. All
systems, both those in service and reserve, shall be inspected and maintained on a regular basis.
(b) Inspection and maintenance records for process and pollution control and
monitoring systems shall be maintained and made available for inspection as described in
Section 16.09.160.
(c) It shall be unlawful to tamper with or render inaccurate or divert flow from any
monitoring device or equipment installed or operated to comply with the Pretreatment
requirements, this Chapter or a discharge permit. Doing so constitutes falsification of
information as described in Section 16.09.150.
16.09.130 Compliance with the Pretreatment requirements.
All industrial dischargers subject to the Pretreatment requirements shall be in
conformance with such, including but not limited to, effluent standards, monitoring
requirements, and reporting requirements. In the event of any apparent conflicts between the
requirements established in this Chapter and federal EP A requirements, the most restrictive
limitation shall apply.
16.09.135 Reporting requirements for all permitted dischargers.
(a) All permit holders shall be required to submit periodic reports to the
Superintendent. Specific reporting requirements shall be specified in the permit, in notices of.
noncompliance or other directives. All industrial discharge permit holders are required to submit
at a minimum periodic reports of continued compliance (PRCC) every six months. The due dates
for the PRCC submittals are July 15th and January 15th for the first and second half of the
calendar year respectively. Specific requirements for periodic reports of continued compliance
are listed below: .
(1) Certification Statement. Periodic reports of continued compliance for zero
discharge permit holders shall require the permit holder to certify that no process wasfewater was
discharged to the sanitary sewer system during the reporting period;
(2) Certification Statement. Periodic reports of continued compliance for
BMP regulated dischargers shall require the discharger to certify that the BMPs have been
implemented during the reporting period;
35
100628 syn 6051181
(3) Certification Statement. Periodic reports of continued compliance for
Non-Significant Categorical Industrial Users shall require the permit holder to certify that the
discharger has met the criteria for a Non-SCIU;
(4) Periodic reports of continued compliance for all permit holders not
covered in (1), (2) or (3) above shall include documentation indicating if applicable federal,
state, or local Pretreatment Standards, including those specified in the permit holder's discharge
permit, have been exceeded during the reporting period.
(b) If a discharger subject to reporting requirements monitors any regulated pollutant
at a designated sampling location more frequently than required the results of this monitoring
shall be included in the report.
(c) Failure to submit required reports by the specified due date shall be considered a
violation of the provisions of this Chapter.
16.09.140 Requirements for reporting noncompliance, increased loading, slug
discharges, accidental discharges.
(a) Reporting Noncompliance. Noncompliance with the provisions of this Chapter
that is known to the discharger shall be reported verbally as soon as possible but no later than
twenty-four hours of the discharger's knowledge of the noncompliance. A written report to the
Superintendent shall be submitted within five days of knowledge of the noncompliance
explaining the nature, volume and duration of the noncompliance, and the mitigation me8$ures
taken to correct the noncompliance and to prevent reoccurrence.
Such notifications will not relieve any discharger of liability for any expense,
including but not limited to, costs for countermeasures; loss or damage to the storm drain system,
sanitary sewer system and/or treatment plant or treatment process; or liability to reimburse any
fines imposed on the City on account thereof; or for damages incurred by any third party.
If the noncompliance is related to any violation of the discharge standards
specified in the Pretreatment requirements, this Chapter, or in a discharge permit the discharger
shall repeat the sampling and analysis of the violated pollutant(s) and shall submit the results to
the Superintendent no later than thirty (30) days from the discharger's knowledge of the
noncompliance.
(b) Reporting Increased Loading. The reporting requirements of subsection (a) above
shall also apply to any short term, large or unusual increase in flow or concentration of waste
constituents regardless of whether noncompliance has resulted. Notices shall be posted in
process areas (or other equally effective notification procedures used) giving instruction on
reporting such increases.
(c) Reporting accidental or slug discharges and treatment system upsets, failures, or
bypasses or discharge of hazardous wastes.
36
100628 syn 6051181
The following requirements apply to all releases to the sanitary sewer system
caused by spills; slug discharges; pretreatment system upsets, failures, or bypasses; or any other
accidental discharges:
(1) The discharger shall immediately take action to stop, contain, and cleanup
unauthorized discharges or otherwise stop the noncompliance, and correct the problem.
(2) The discharger shall immediately verbally notify the Superintendent upon
becoming aware of such incidents.
(3) As soon as practicable and throughout the incident the discharger shall
collect representative samples at the point of release and at any impacted sampling location(s).
(4) The discharger shall submit a written report to the Superintendent within
five days of the discharger's knowledge of the incident explaining: the nature, volume, and
duration of the discharge; and mitigation measures taken to correct the noncompliance and
prevent recurrence.
(d) The discharger shall notify the Superintendent in advance of any significant
change in the volume or characteristics of discharge from the facility or any significant
operational, process, or pretreatment system changes.
( e) The discharger shall immediately notify the Superintendent of changes that occur
at the facility affecting the potential for a spill or slug discharge.
16.09.145 Certification of reports.
Permit applications, periodic reports of continued compliance, baseline monitoring
reports, and user reports submitted shall be certified and signed by an authorized representative
with the following statement:
I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is true, accurate, and complete. lam aware that there are
significant penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.
16.09.150 Falsification of information.
It shall be unlawful for a discharger, person or their agents to knowingly make any false
statements, representations, or certifications in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to this Chapter, a wastewater
discharge permit, or an order issued by the Superintendent, or to falsify, tamper with, or
knowingly render inaccurate any monitoring device or method required under this Chapter or in
a wastewater discharge permit.
16.09.155 Date of receipt of reports.
37
100628 syn 6051181
(2)
(3)
materials that are
contained;
Areas where equipment fluids are routinely changed;
Areas where. hazardous materials, chemicals or other uncontained
easily transported by wind or water are stored and. are not secondarily
(4) Loading docks: See 16.09.175(k)
(t) Multi-family residential units and residential developments shall be prohibited
from providing a designated vehicle washing area that would cause wash water to be deposited
ill such a manner or location as to constitute a threatened discharge into the storm drain system.
(g) Secondary containment shall be provided for any rooftop equipment, tanks or
pipes containing other than potable water, cooling water, heating system hot water, steam, water
condensate or equivalent substances, which the Superintendent determines will otherwise cause a
probable discharge to the storm drain system.
(h) Storm drain inlets shall be clearly marked with the words "No dumping -Flows to
Bay," or equivalent.
16.09.170 RequireIllents for construction operations.
(a) A spill response plan for hazardous waste, hazardous materials and uncontained
construction materials shall be prepared and available at the construction sites for all projects
where the proposed construction site is equal to or greater than one acre of disturbed soil and for
any other projects for which the city engineer determines that a plan is necessary to protect
surface waters. Preparation of the plan shall be in accordance with guidelines published by the
city engineer.
(b) A storm water pollution prevention plan shall be prepared and available at the
construction sites for all projects equal to or greater than one acre of disturbed soil and for any
other projects for which the city engineer determines that a storm water management plan is
necessary to protect surface waters. Preparation of the plan shall be in accordance with Chapters
16.28 and 16.11 of this code and with guidelines published by the City engineer.
( c) Prior approval shall be obtained from the city engineer or designee to discharge
water pumped from construction sites to the storm drain system. The city engineer or designee
may require gravity settling and filtration upon a determination that either or both would improve
the water quality of the discharge. Contaminated groundwater or water that exceeds State or
Federal requirements for discharge to navigable waters may not be discharged to the storm drain
system. Such water may be discharged to the sanitary sewer system, provided that the
requirements of Section 16.09.040 are met and the approval of the Superintendent is obtained
prior to discharge. The City shall be compensated for any costs it incurs in authorizing such
discharge, at the rate set forth in the Municipal Fee Schedule.
,
(d) No cleanup of construction debris from the streets shall result in the discharge of
water to the storm drain system; nor shall any construction debris be deposited or allowed to be
deposited in the storm drain system.
39
100628 syn 6051181
16.09.175 General prohibitions and practices.
(a) Interior (indoor) floor drains to the sanitary sewer system may not be placed in
areas where hazardous materials, hazardous wastes, industrial wastes, industrial process water,
lubricating fluids, vehicle fluids or vehicle equipment cleaning wastewater ate used or stored,
unless secondary containment is provided for all such materials and equipment. The
Superintendent may allow an exception to this requirement under the following circumstances:
(1) When the drain is connected to a wastewater treatment unit approved by
the Superintendent;
(2) When the drain is protected from spills by a berm system;
(3) For safety showers: When the drain is installed with a temporary plug
which remains closed except when the shower is in use, or when the drain is protected from
spills by either a covered sump or berm system. Ifa sump is used, the capacity shall be at least as
large as the largest chemical container in the laboratory;
(4) For industrial process equipment: If the equipment does not contain
hazardous materials or hazardous waste and if all floor drains are equipped with fail-safe valves
which shall be kept closed during periods of operation.
(b) Exterior (outdoor) drains may be connected to the sanitary sewer system only if
the area in which the drain is located is covered or protectea from rainwater run-on by berms
and/or grading, and appropriate wastewater treatment approved by the Superintendent IS
provided. For additional information regarding loading docks, see sectionI6.09.175(k)
( c) Interior floor drains shall not be connected to the storm drain system.
(d) Exterior drains shall be connected to the storm drain system. Such connections
shall not be permitted within the following areas:
(1) Equipment or vehicle washing areas;
(2) Areas where chemicals, hazardous materials, or other uncontained
materials are stored unless secondary containment is provided;
(3) Equipment or vehicle fluid changing areas;
(4) Loading docks: See 16.09.175(k)
( e) Roof drains may discharge to the storm drain system, provided that all roof
equipment, tanks, and pipes containing other than potable water, cooling system water, or
heating system hot water have secondary containment.
(f) Boiler drain lines shall be connected to the sanitary sewer system and may not be
connected or allowed to drain to the storm drain system.
(g) Secondary containment shall be provided for exterior work areas where motor oil,
brake fluid, gasoline, diesel fuel, radiator fluid or other hazardous materials or hazardous wastes
are used or stored. Drains shall not be installed within the secondary containment areas. The
Superintendent may allow a drain for work areas (but not for hazardous storage areas) if the
secondary containment area is covered and. if the drain is connected to a wastewater treatment
40
100628 syn 6051181
facility approved by the Superintendent.
(h) Aspirators connected to laboratory sink faucets are prohibited. Aspirators
designed and used for transferring acids and bases from stationary, permanent laboratory sinks to
treatment facilities shall be allowed.
(i) Laboratory countertops and laboratory sinks shall be separated by a berm which
prevents hazardous materials spilled on the countertop from draining to the sink.
(j) Sewer traps below laboratory sinks shall be made of glass or other approved
transparent materials to allow inspection and to determine frequency of cleaning. Alternatively, a
removable plug for cleaning the trap may be provided, in which case a cleaning frequency shall
be established by the Superintendent. In establishing the cleaning frequency, the Superintendent
shall consider the recommendations of the facility. The Superintendent will grant an exception to
this requirement for areas where mercury will not be used; provided, that in the event such an
exception is granted and mercury is subsequently used in the area, the sink trap shall be
retrofitted to meet this requirement prior to use of the mercury.
(k) Loading docks.
(1) This paragraph covers loading docks constructed prior to August 8, 1994.
In cases where chemicals, hazardous materials, grease, oil, or waste products are handled or used
within the loading dock area, a drain to the sanitary sewer system or storm drain system may be
allowed only if equipped with a fail-safe valve or equivalent device that is kept closed during the
non-rainy season and during periods of loading dock operation. For drains connected to the
sanitary sewer system the area in which the drain is located shall be covered or protected from
rainwater run-on by berms and/or grading. Appropriate wastewater treatment approved by the
Superintendent shall be provided for all rainwater contacting the loading dock site.
(2) For loading docks constructed after August 8, 1994:
(i) Loading dock drains to the storm drain system may be allowed if
equipped with a fail-safe valve or equivalent device that is kept closed during the non-rainy
season and during periods ofloading dock operation.
(ii) Where chemicals, hazardous materials, grease, oil, or waste
products are handled or used within the loading dock area, a drain to the storm drain system shall
not be allowed. A drain to the sanitary sewer system may be allowed if equipped with a fail-safe
valve or equivalent device that is kept closed during the non-rainy season and during periods of
loading dock operation. The area in which the drain is located shall be covered or protected from
rainwater run-on by berms and/or grading. Appropriate wastewater treatment approved by the
Superintendent shall be provided for all rainwater contacting the loading dock site.
16.09.180 Requirements for newly constructed, remodeled or converted multi-
residential, commercial and industrial facilities.
(a) Dischargers of industrial waste from newly constructed, remodeled or converted
commercial and industrial facilities shall be in full compliance with the provisions of this
Chapter at the time of commencement of discharge. Dischargers from newly constructed,
41
J00628 syn 6051181
remodeled, or converted commercial and industrial facilities, upon request of the Superintendent,
shall complete a waste minimization study in accordance with guidelines published by the
Superintendent, and shall certify that measures have been taken to minimize toxic constituents in
the discharge.
(b) The owner of every newly constructed, remodeled, or converted commercial or
industrial facility shall comply with the following requirements. These requirements shall apply
to remodeled or converted facilities to the extent that the portion of the facility being remodeled
or converted is related to the subject of the requirement:
(1) Segregated Industrial Waste Plumbing. The owner of every new
commercial and industrial building or portion thereof shall cause the building to be constructed
so that industrial waste is segregated, by means of separate plumbing, from domestic waste prior
to converging with other waste streams in the sanitary sewer system. For the purposes of this
section only, the term "new" shall also include change to a use that requires plumbing for
industrial waste;
(2)
(3)
Exterior drains shall be connected to the storm drain system;
Loading docks: See 16.09.175(k).
(4) Fueling areas shall have impermeable floors and rain covers that extend a
minimum of ten feet in each direction from each pump. Fueling areas shall be designed to
prevent water run-on to the covered area;
(5) Condensate lines shall not be connected or allowed to drain to the storm
drain system;
(6) Copper, copper alloys, lead and lead alloys, including brass, shall not be
used in sewer lines, connectors, or seals coming in contact with sewage except for domestic
. waste sink traps and short lengths of associated connecting pipes where alternate materials are
not practical;
(7) Sacrificial zinc anodes are not permitted to be in contact with the water
supply in a water distribution system;
(8) Discharge drains for swimming pools, 'spas and fountains shall not be
connected directly to the storm drain system or to the sanitary sewer system. When draining is
necessary the discharge will be allowed by way of either:
(A) A hose or other temporary system shall be directed into a sanitary
sewer (not storm drain system) clean out. A sewer clean out shall be installed in a readily
accessible area;
(B) A fixed pipe with an air gap and receiving sink directed to the
sanitary sewer.
(9) If installed, parking garage floor drains on interior levels shall be
connected to an oil/water separator prior to discharging to the sanitary sewer system. The
oil/water separator shall be cleaned at a frequency of at least once every twelve months or more
frequently if recommended by the manufacturer or the Superintendent. Oil/water separators shall
have a minimum capacity of 100 gallons;
(10) New buildings and residential developments providing centralized solid
waste collection, except for single-family and duplex residences, shall provide a covered area for
d dumpster. The area shall be adequately sized for all waste streams and designed with grading
or a berm system to prevent water run-on and runoff from the area;
42
100628 syn 6051181
(11) New Multi-family residential units and residential development projects
with 25 or more units shall provide a covered area for occupants to wash their vehicles. A drain
shall be installed to capture all vehicle wash waters and shall be connected to an oil/water
separator prior to discharge to the sanitary sewer &-ystem. The oil/water separator shall be cleaned
at a frequency of at least once every six months or more frequently if recommended by the
manufacturer or the Superintendent. Oil/water separators shall have a minimum capacity of 100
gallons. The area shall be graded or bermed in such a manner as to prevent the discharge of
storm water to the sanitary sewer system;
(12) Mercury switches shall not be installed in sewer or storm drain sumps;
(13) Fire sprinkler system flush, test or drain water shall not be discharged to
the storm drain system. Discharges to the sanitary sewer system shall not exceed 30 gallons per
minute (GPM). Higher discharge rates shall be diverted to a detention tank to achieve the 30
GPM flow;
(14) Copper Roofing Materials. On and after January 1, 2003, copper metal
roofing, copper metal gutters, copper metal down spouts, and copper granule containing,asphalt
shingles shall not be permitted for use on any residential, commercial or industrial building for
which a building permit is required. Copper flashing for use under tiles or slates and small
copper ornaments are exempt from this prohibition. Replacement roofing, gutters and
downspouts on historic structures are exempt, provided that the roofing material used shall be
prepatinated at the factory. For the purposes of this exemption, the definition of "historic" shall
be limited to structures designated as Category 1 or Category 2 buildings in the current edition of
the Palo Alto Historical and Architectural Resources Report and Inventory.
16.09.185 Personnel orientation.
(a) Holders of industrial waste discharge permits shall take necessary steps to inform
appropriate personnel employed by such permit holders of the provisions of this Chapter.
(b) Such personnel shall include workers, contractors, and supervisors whose duties
pertain in any manner to the production, treatment or disposal of waste discharges regulated by
this Chapter.
(c) Steps to inform such personnel shall include but not be limited to:
(1) Orientation of newly employed or assigned personnel prior to
commencement of work and at least annually thereafter;
(2) Posting of signs at work areas indicating approved methods for disposition
of wastes and reporting requirements and instructions for accidental spills and increased
loadings; and
(3) Posting of signs visible from each drainage area (sink, cup sink, floor
drain) not connected to appropriate treatment indicating "NOTICE do not dispose of chemicals
in this drain" or equivalent.
(d) All signs shall be translated into the appropriate language unless the primary
language of all personnel is English.
16.09.190' Accidental discharge prevention.
43
100628 syn 6051181
(a) Each discharger shall provide adequate protection to prevent accidental discharge
of hazardous or prohibited materials, slugs, or other wastes regulated by this Chapter. Where
directed by the Superintendent the discharger shall install retention basins, dikes, storage tanks,
or other facilities in conformance with Chapter 17.12 designed to eliminate, neutralize, offset or
otherwise negate the effects of prohibited materials or wastes which may be accidentally
discharged in violation of this Chapter.
(b) When directed by the Superintendent, the discharger shall complete and
implement a slug control plan per the guidelines issued by the Superintendent in accordance with
the requirements contained in 40 CFR. 403.8(f)(2)(vi). The discharger shall notify the City of
any changes to facilities, plans or operations that wo~ld necessitate a change in the slug control
plan.
16.09.195 Storage of hazardous materials above sinks.
No person shall store hazardous materials above a sink that is connected to the sanitary
sewer system in a commercial or industrial facility.
16.09.200 Zinc-containing floor f"mishes.
No person shall discharge 'or dispose to the sanitary sewer system any zinc-containing
floor finish or a stripper solution that has been used for the stripping of a zinc-containing floor
finish, except when the solutions have been treated in a wastewater treatment unit approved by
the Superintendent for removal of zinc. For the purposes of this section, zinc-containing floor
finishes shall be defined as floor finish solutions containing greater than 0.01 % zinc by weight.
16.09.205 Requirements for cooling systems, pools, spas, fountains, boilers and heat
exchangers.
(a) It shall be unlawful to discharge water from cooling systems, pools, spas,
fountains boilers and heat exchangers to the storm drain system.
(b) No person shall discharge or add to the sanitary sewer system or storm drain
system, or add to a cooling system, pool, spa, fountain, boiler or heat exchanger, any substance
that contains any of the following:
(1) Copper in excess of 2.0 mglliter;
. (2) Any tri-butyl tin compound in excess of 0.1 0 mglliter; or
(3) Chromium in excess of2.0 mglliter.
(4) Zinc in excess of2.0 mg/liter.
(5) Molybdenum in excess of2.0 mglliter
The above limits shall apply to any of the above-listed substances prior to dilution with the
cooling system, pool, spa or fountain water.
(c) Cooling System Discharges.
44
100628 syn 6051181
(1) For the purposes of this section the average daily flow shall be determined
by dividing the total cooling system blowdown volume from April. through October by the
number of days of operation for the same period.
(2) The maximum allowable limit for discharge of copper for cooling systems
discharging an average daily flow ofless than 2000 gallons per day shall be 2.0 mg/liter.
(3) The maximum allowable limit for discharge of copper for cooling systems
discharging an average daily flow of greater than 2000 gallons per day shall be 0.25 mg/liter.
The Superintendent may impose. a higher alternative maximum allowable copper limit when the
cycles of concentrations routinely exceed ten. The alternative requirement may consist of an
alternative limit, a mass limit or a specified maintenance program, or a combination of these.
(4) New cooling systems commencing discharge with an estimated average
daily flow greater than 2000 gallons per day shall comply with the maximum allowable copper
limit of 2.0 mglliter and shall not be required to comply with the 0.25 mg/liter maximum
allowable copper discharge limit specified in subsection (c)(3), until one year after the date of
such commencement.
(d) Cooling System Cleaning. Wastewater from cleaning of cooling systems, bqilers,
heat exchangers and associated piping where a chemical cleaner or physical scouring is used in
the cleaning process shall be sampled prior to discharge to the sewer. The maximum allowable
limits for discharge of copper shall be 2.0 mg/liter. For purposes of this section, "physical
scouring" does not include the use of water at typical water supply pressure; and "associated
piping" shall mean piping associated with a heating or cooling system through which water or
another heat transfer fluid passes during operation of the system. The wastewater shall be
analyzed for copper and any other constituents specified by the Superintendent. The results of
such analysis shall be reviewed by the cooling system operator prior to discharge.
(e)Devices using electricity to dissolve copper or silver into water distribution systems,
cooling systems, pools, spas or fountains are prohibited.
16.09.210 Root and pest control chemicals.
(a) No person shall discharge, dispose of or add to the sanitary sewer system any
substance intended to control roots, pests, or for any other purpose without first acquiring a root
control application permit.
(1) Applicants for a permit shall complete and submit an application form.
The Superintendent shall establish the contents of said form and may require additional
information on the characteristics of the root control chemical and application methods beyond
that required on the application form. Completed application forms shall be filed by the root or
pest control applicator not less than sixty days in advance of commencing discharge. The
discharger shall not commence discharge prior to permit approval.
(2) The Superintendent may impose terms and conditions on the permit which
the Superintendent deems reasonable or necessary to carry out the purposes of this Chapter.
(b) No person shall discharge, dispose of or add to the sanitary sewer system any
substance containing greater than five percent copper by weight, to control roots or for any other
purpose.
45
100628 syn 6051181
(c) No person shall discharge, dispose or add to the storm drain system any substance
to control roots or pests.
16.09.215 Requirements for photographic materials processing.
(a) All photoprocessors shall comply with either subdivision (2) or subdivision (3) of
this subsection (a). Persons who fully comply with subdivision (3) shall not be required to obtain
an industrial waste discharge permit pursuant to Section 16.09.080, unless required to do so
pursuant to other sections of this Chapter, but shall be required to meet applicable maximum
allowable limits for wastewater discharge and other requirements.
(1) Definitions. For the purposes of this section the following words and
.phrases shall be as defined herein.
(A) "Photographic materials processing" means developing silver-
bearing film, including x-ray film, or photographic paper.
(B) "Photoprocessor" means any person who owns a photographic
materials processing system including a business that does photographic materials processing or
any person who engages in photographic materials processing .
. (C) "Spent solutions" means spent fixer; bleach fix, stabilizer from
washless systems, silver-bearing cleaning solutions and functionally similar solutions other than
washwater.
(D) "Regeneration" means the treatment of washwater, fix, or bleach
fix for re-use.
(E) "Washwater" means water that has been used to rinse fix or bleach
fix from photographic film or paper.
(2) Silver Removal System. Persons who comply with this subdivision (2)
shall install and operate in their facilities a silver removal system, in a manner which shall insure
consistent compliance with the following effluent standards:
(A) The maximum allowable limit for silver shall be 1.0 mg/liter. The
maximum allowable limit for copper shall be 2.0 mg/liter.
(B) All spent solutions and wash water that are not sent off site shall be
treated to insure consistent compliance with the effluent standards set forth in this subsection
(a)(2). Silver removal from wash water shall be conducted in a manner that does not reduce the
effectiveness of the treatment of spent solutions.
(C) The photoprocessor shall sample the discharge at a frequency
determined by the Superintendent based upon the flow rate from the facility. However, in no
event shall sampling be done less frequently than once a month. A duplicate of each sample
collected shall be kept until the next sampling event. The duplicate sample shall be immediately
relinquished to the Superintendent upon request. A sampling port shall be installed in accordance
with specifications set forth in the wastewater discharge permit.
(D) Every person owning or operating a silver removal system shall
cause such system to be serviced at least once per year by the manufacturer, equipIl,lent
distributor, or qualified consultant who shall certify that all equipment in the system is
functioning in accordance with the manufacturer's standards for such equipment. Records of
46
100628 syn 6051181
system service shall be maintained and made available for inspection as described in Section
16.09.160.
(E) Every person intending to comply with the provisions of· this
subsection (a)(2), shall submit a completed permit application to the Superintendent, per Section
16.09.085 of this Chapter, at least forty-five days prior to commencing operation of such system.
Every person intending to comply with the provisions of this subsection (a)(2) shall
submit an annual report to the Superintendent on or before February 1 of each calendar year. The
annual report shall contain the following information for the preceding calendar year:
(i) Type and description of silver removal processes and any
regeneration systems employed;
(ii)
(iii)
(iv)
Amount of spent solutions generated;
Dates of equipment servicing;
Description of any major changes m equipment or
operation; and
(v) All wastewater sampling data.
(3) Off-Site Disposal. Persons who comply with this subsection shall ship or
cause to be shipped off site, for recovery or appropriate disposal, all spent solutions or shall
regenerate all spent solutions on site.
Storage, shipment and disposal of spent solutions shall be in accordance with all state,
federal and local requirements.
(
(A) Every person who complies with this subsection (a)(3) shall
maintain, or cause to be maintained, records that detail the purchase date and quantity of all new
fixer, bleach-fix, stabilizer and functionally similar solutions kept or used by such person. Such
person shall also maintain, or cause to be maintained, detailed disposal records that include the
date, type and amount of waste solution·disposed of; the name, address and identification number
of the shipper; and the ultimate d~stination of each batch of waste solution shipped off site. Such
person shall also maintain, or cause to be maintained, a record of the amount of spent solutions
regenerated on site.
(B) Every photoprocessor intending to comply with the provisions of
this subsection (a)(2) shall submit an annual report to the Superintendent on or before February 1
of each calendar year. The annual report shall contain for the preceding calendar year a summary
of the required records maintained by such person relating to purchase and disposition of
photographic solutions. The summary shall be on a form provided by the Superintendent. Along
with the summary, the photoprocessor shall submit a statement certifying that it is in compliance
with this subsection and that the required records shall be maintained and made available for
inspection as described in 16.09.160.
(C) Photoprocessors that comply with this subsection need not meet
the silver discharge limitations set forth in subsection (a)(2)(A) of this section, nor the silver
discharge limitations set forth in 16.09.040(q) with respect to the photographic materials
processing portion of their operations; provided, however, that those photoprocessors generating
a total of one hundred gallons or more per month of spent solutions shall be required to meet the
47
100628 syn 6051181
silver limitations of subsection (a)(2) of this section with respect to washwater, even if all spent
solutions are shipped off site.
(b) The maximum allowable limit for copper for photographic materials processing
shall be 2.0 mglliter.
16.09.220 Requirements for dental facilities that remove or place amalgam f"Illings.
(a) Definitions. For the purposes of this section the following words and phrases shall
be as defined herein:
(1) "Amalgam separator" is a device that employs filtration, settlement,
centrifugation, or ion exchange to remove amalgam and its metal constituents from a dental
office vacuum system before it discharges to the sanitary sewer system.
(2) "Amalgam waste" means and includes non-contact amalgam (amalgam
scrap that has not been in contact with the patient); contact amalgam (including, but not limited
to, extracted teeth containing amalgam); amalgam sludge captured by chair-side traps, vacuum
pump filters, screens, and other amalgam trapping devices; used amalgam capsules; and leaking
or unusable amalgam capsules.
(3) "ISO 11 143" is the International Organization for Standardization's
standard for amalgam separators.
(b) All owners and operators of dental facilities that remove or place amalgam fillings
shall comply with the following waste management practices:
(1) No person shall rinse chair-side traps, vacuum screens, or amalgam
separators equipment in a sink or other connection to the sanitary sewer system.
(2) Owners and operators of dental facilities shall ensure that all staff
members who handle amalgam waste are trained in the proper handling, management and
disposal of mercury-containing material and fixer-containing solutions. Training records shall be
maintained and made available for inspection as described in Section 16.09.160.
(3) Amalgam waste shall be stored and managed in accordance with the
instructions of the recycler or hauler of such materials.
(4) Bleach and other chlorine-containing disinfectants shall not be used to
disinfect the vacuum line system.
(5) The use of bulk mercury is prohibited. Only pre-capsulated dental
amalgam is permitted.
( c) All owners and operators of dental vacuum suction systems, except as set forth in
subsection (d) of this section, shall comply with the following:
(1) An ISO 11143 certified amalgam separator device shall be installed for
each dental vacuum suction system. The installed device must be ISO 11143 certified as capable
of removing a minimum of 95 percent of amalgam. The amalgam separator system shall be
certified at flow rates comparable to the flow rate of the actual vacuum suction system operation.
Neither the separator device nor the related plumbing shall include an automatic flow bypass.
For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143
48
100628 syn 6051181
test methodology, a non-certified separator will be accepted, provided that smaller units from the
same manufacturer and of the same technology are ISO-certified.
(2) Amalgam separators shall be maintained in accordance with manufacturer
recommendations. Installation, certification, and maintenance records shall be maintained and
made available for inspection as described in Section 16.09.160.
(d) The following types of dental practice are exempt from Section 16.09.220,
provided that removal or placement of amalgam fillings occurs at the facility no more than 3
days per year:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Orthodontics;
Periodontics;
Oral and maxillofacial surgery;
Radiology;
Oral pathology or oral medicine;
Endodontistry;
Prosthodontistry.
( e) All owners and operators of dental facilities shall submit an annual report for each
facility to the Superintendent on or before February 1 of each calendar year. The annual report
shall contain information on the dental facility's amalgam separator and its maintenance, and
shall require the dental facility to certify that it is in full compliance with this section. The annual
report shall be on a form provided by the Superintendent.
(f) The maximum allowable limit for copper for dental facilities shall be 2.0 mg/liter.
16.09.225 Requirements for vehicl~ service facilities.
(a) Definitions. For the purposes of this section the following words and phrases shall
be as defined herein:
(1) "Commercial vehicle washing facility" means a commercial facility where
vehicle washing is a primary business activity. Commercial vehicle washing facilities include,
but are not limited to, mobile washing rigs.
(2) "Fleet washing facility" means a facility for washing vehicles, at a location
where a business maintains six or more vehicles.
(3) "Ground surfaces" means and includes dirt, gravel, or other unpaved
surfaces.
(4) "Vehicle" means a mode of transporting people or things. Vehicles
include, but are not limited to, automobiles, trucks, recreational vehicles, tractors, airplanes and
boats.
(5) "Vehicle fluid" means a liquid used in or drained from a motor vehicle.
Vehicle fluids include, but are not limited to, gasoline, diesel fuel, motor oil, brake fluid, radiator
fluid, hydraulic fluid, transmission fluid, and coolant.
(6) "Vehicle service facility" means a commercial or industrial facility that
conducts one or more of the following operations with respect· to vehicles or components of
vehicles: vehicle repair, fuel dispensing, vehicle fluid replacement, engine and parts cleaning,
body repair, vehicle salvage and wrecking, or vehicle washing.
49
100628 syn 6051181
(b) All vehicle service facilities shall be operated in accordance with the following
standards:
(1) No person shall dispose of, nor permit the disposal, directly or indirectly,
of vehicle fluids, hazardous materials, or rinse water from parts cleaning operations into storm
drains;
(2) All owners and operators of vehicle service facilities shall ensure that any
vehicle fluid, hazardous material, or rinse water from parts cleaning operations that comes into
contact with any floor, pavement or ground surface is cleaned up immediately from such surface;
(3) No person shall dispose of vehicle fluids or rinse water from parts
cleaning operations into the sanitary sewer system except pursuant to an industrial waste
discharge permit obtained in accordance with this Chapter;
(4) No vehicle service facilities shall contain floor drains, excepting only such
floor drains as are connected to wastewater pretreatment systems for which an industrial waste
discharge permit has been obtained in accordance with this Chapter;
(5) No tanks, containers or sinks used for parts cleaning or rinsing shall be
connected to the storm drain system, or to the sanitary sewer system except pursuant to an
industrial waste discharge permit obtained in accordance with this Chapter;
(6) No person shall perform vehicle fluid removal outside a building, nor on
asphalt or ground surfaces, whether inside or outside a building, except in such a manner as to
ensure that any spilled fluid will be in an area of secondary containment;
(7) Leaking vehicle fluids shall be contained or drained immediately;
(8) No person shall leave unattended drip parts or other open containers
containing vehicle fluid, unless such containers are in use or in an area of secondary
containment;
(9) No person shall discharge wastewater from vehicle washing operations or
wash racks to the storm drain system or onto the ground. Discharge to the sanitary sewer system
may be allowed pursuant to an industrial waste discharge permit obtained in accordance with this
Chapter. Nothing in this subsection shall be construed to prohibit the proper reuse of wastewater;
(10) No person shall discharge into the storm drains water from vehicle
washing operations, except from rinsing of vehicle exterior surfaces, with water only, to remove
atmospheric dust that deposited on a vehicle when not in use. This exception does not apply to
commercial vehicle washing facilities or fleet washing;
(11) Vehicle service facilities shall be cleaned using only those methods of
cleaning that ensure that no materials are discharged to the storm drain system or to the sanitary
sewer system, except for wastewater which is discharged to the sanitary sewer system pursuant
to an industrial waste discharge permit obtained in accordance with this Chapter; provided,
however, that a permit shall not be required for facilities that use the following three-step
sequence for cleaning floors:
(A) Clean up spills with rags or other absorbent materials;
(B) Sweep floor using dry absorbent material;
(C) . Mop floor. Mop water must be discharged to the sanitary sewer via
a toilet or sink.
(12) . All owners and operators of vehicle service facilities shall ensure that spill
prevention and clean-up equipment and absorbent materials are kept in stock at all times and are
readily available for use;
50
100628 syn 6051181
(13) No acid-containing batteries shall be stored except within secondary
containment;
(14) All owners and operators of vehicle service facilities shall ensure that all
employees of such facilities are trained, upon hiring and annually thereafter, regarding best
management practices in accordance with guidelines issued and published by the Superintendent.
(15) All owners and operators of vehicle service facilities shall post or cause to
be posted signs on all storm drain inlets located on the property of the facility with the words
"No dumping Flows to Bay" or equivalent;
(16) No person shall discharge to the sanitary sewer system solid materials
from wet sanding. Vehicle service facilities using wet sanding processes shall have one or more
containers to accumulate wet sanding wastewater and mop water from wet sanding areas. A
minimum of 48 hours shall be provided for the settling of solid materials from the water prior to
the water's discharge to the sanitary sewer system. An alternative solids removal method may be
utilized provided that the method has been demonstrated to be equally effective, and approved by
the Superintendent. Settled solid materials shall be managed in accordance with all state, federal
and local requirements.
( c) The maximum allowable limit for zinc for vehicle service facility discharge shall
be 4.0 mglliter. The maximum allowable limit for copper for vehicle service facility discharge
shall be 2.0 mglliter
(d) All records required to be kept pursuant to this subsection shall be maintained and
made available for inspection as described in Section 16.09.160.
16.09.230 Requirements for machine shops.
(a) All machine shops shall be operated in accordance with the following standards:
(1) No person shall dispose of, nor permit the disposal, directly or indirectly,
of machine shop fluids, hazardous materials, mop water, or rinse water from parts cleaning or
deburringltumbling operations into storm drains;
(2) No person shall dispose of machine shop fluids or rinse water from parts
cleaning or deburringltumbling operations into the sanitary sewer system except pursuant to an
industrial waste discharge permit obtained in accordance with this Chapter;
(3) No machine shop shall contain floor drains, excepting only such floor
drains as are connected to wastewater pretreatment systems for which an industrial waste
discharge permit has been obtained in accordance with this Chapter;
(4) Machine shops shall be cleaned using only those methods of cleaning
which ensure that no materials are discharged to the storm drain system or to the sanitary sewer
system, except for wastewater that is discharged to the sanitary sewer system pursuant to an
industrial waste discharge permit obtained in accordance with this Chapter; provided, however,
that a permit shall not be required for facilities that use the following three-step sequence for
cleaning floors, or an approved equivalent:
(A) Clean up spills with rags or other absorbent materials;
(B) Sweep floor using dry absorbent material; and
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(C) Mop floor. Mop water shall be discharged to the sanitary sewer via
a toilet or sink.
(5) All owners and operators or machine shops shall ensure that spill
prevention, clean-up equipment and absorbent materials are kept in stock at all times and are
readily available for use.
(6) All owners and. operators of machine shops shall post or cause to be
posted signs on all storm drain inlets located on the property of the facility with the words "No
Dumping -Flows to Bay" or equivalent.
(7) All owners and operators of machine shops shall ensure that all employees
who work directly on machine operations or clean up of such facilities are trained, upon hiring
and annually thereafter, regarding best management practices for machine shops in accordance
with guidelines issued and published by the Superintendent.
(b)
mglliter.
16.09.235
The maximum allowable limit for copper for machine shop discharge shall be 2.0
Annual publication of significant noncompliant dischargers.
At least annually, notice shall be provided in the largest local daily newspaper listing
those dischargers that were found to have been in significant noncompliance, as defined in this
Chapter, during the previous twelve months.
16.09.240 Enforcement: Warning.
The Superintendent may issue verbal or written warnings in response to minor violations
or the potential for a discharger to cause violations of this Chapter. Compliance with warnings
does not limit further enforcement action by the City.
16.09.245 . Enforcement: Notice of non-compliance.
(a) Unless the Superintendent finds that the severity of the violation warrants
immediate action under Sections 16.09.255, 16.09.265 or 16.09.270 or pennit revocation or
suspension, he or she shall issue a notice of noncompliance which:
(1) Enumerates the violations found; and
(2) Orders compliance by a certain date.
If the violations are not abated in the time period identified further action may be taken
by the Superintendent, including, but not limited to, suspension, revocation or modification of
the discharger's pennit pursuant to Section 16.09.095.
(b) Subject to the following limitations, and in addition to the prOVISIons of
subsection (a), the Superintendent may require a discharger that has violated any discharge limits
contained in this Chapter to install a temporary system for the capture, testing and release of
wastewater:
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(1) . The requirement will apply to facilities that have produced multiple
violations for the same parameter at the same sampling point, when the Superintendent
determines that appropriate corrective measures have proved difficult to identify or implement.
(2) The requirement will apply only to those specific areas of a facility from
which the Superintendent determines that the discharge may be originating, rather than to the
entire flow from the facility, unless there is no reasonable way to determine where the discharge
may be originating.
(3) The requirement will not be applied when the Superintendent determines
that a capture system is impractical. If the Superintendent determines that a capture system is
impractical, the Superintendent may require an alternative compliance measure of equivalent
effectiveness.
(4) The requirement will be terminated following a demonstration of
compliance as determined by the Superintendent. The sampling required to demonstrate
compliance for violations of discharge limits shall be set by the Superintendent and may be up to
twenty-one consecutive, violation-free calendar days of sampling by the discharger followed by
up to four days of violation-free sampling by the Superintendent.
16.09.250 Enforcement: Administrative compliance order.
Any person who violates any provision of this Chapter or any provision of any. permit
issued pursuant to this Chapter shall be subject to the administrative compliance order provisions
contained in Chapter 1.16 of this code.
16.09.255 Enforcement: Criminal penalties.
As provided in 1.08 of Title 1 of this code, violations of the provisions of this title shall
be subject to criminal penalties. The following designated employee positions may enforce the
provisions of this Chapter by the issuance of citations. Persons employed in such positions are
authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to
issue citations for violations of this Chapter. The designated employee positions are: industrial
waste inspector; industrial waste investigator; associate engineer; manager, environmental
control programs; supervisor, industrial waste; and manager, environmental compliance division.
16.09.260 Enforcement: Administrative citation.
Any person who violates any provision of this Chapter or any provision of any permit
issued pursuant to this Chapter shall be subject to the administrative citation provisions
contained in Chapter 1.12 of this code.
16.09.265 Enforcement: Administrative civil penalties.
(a) Complaint. The Superintendent may serve an administrative complaint 'on any
person who has violated any provision of this Chapter. The complaint shall state:
(1) The act or failure that constitutes the violation;
(2) The provisions of law authorizing the civil liability to be imposed; and
(3) The proposed civil penalty.
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The complaint shall be served by personal delivery or certified mail on the person subject
to requirements thatthe Superintendent alleges were violated, and shall inform the person served
that a hearing on the complaint shall be conducted within sixty days after service, unless the
person charged with the violation waives his or her right to a hearing.
(b) Hearing. Unless the person charged with the violation(s) waives his or her right to
a hearing, the city manager or designee of the city manager shall conduct a hearing within sixty
days. If the hearing officer finds that the person has caused a violation, he or she may assess
administrative penalties against the person. In determining the amount of the civil penalty, the
hearing officer may take into consideration all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the economic benefit derived through any
noncompliance, the nature and persistence of the violation, the length of time over which the
violation occUrs and corrective action, if any, attempted or taken by the discharger. Civil
penalties that may be imposed are as follows:
(1) An amount not to exceed two thousand dollars per day for failing or
refusing to furnish technical or monitoring reports;
(2) An amount not to exceed three thousand dollars per day for failing or
refusing to comply in a timely fashion with fIDY compliance schedule established by the City;
(3) An amount not to exceed five thousand dollars per day of violation for
discharges in violation of any waste discharge limitation, permit condition or requirement issued
by the City; and
(4) An amount not to exceed ten dollars per gallon for discharges in violation
of any suspension, cease and desist order or other orders, or prohibition issued, reissued or
adopted by the City.
( c) Appeal. Any person against whom penalties are assessed by the hearing officer
may appeal the decision of the hearing officer within thirty days of notice of the decision. The
city council may hear the appeal or deny review of the case. If the city council decides to hear
the appeal, it shall conduct the appeal in accordance with procedures established by the council.
The decision of the city council shall be in writing and shall be final. All civil penalties imposed
in accordance with this section shall be payable within thirty days of the decision of the hearing
officer; provided, that if the decision is appealed, all penalties shall be payable within thirty days
after the city council decision on the appeal.
(d) Lien. The amount of any civil penalties imposed under this section which have
remained delinquent for a period of sixty days shall constitute a lien against the real property of
the discharger from which the violation occurred resulting in imposition of the penalty. The
Superintendent shall cause the amount of uncollected penalty to be recorded with the county
recorder, in accordance with Section 54740.5 of the California Government Code, as the same
from time to time may be amended.
16.09.270 Enforcement: Judicial civil penalties.
Any person who intentionally or negligently violates any provision of this Chapter or any
provision of any permit issued pursuant to this Chapter shall be civilly liable to the City in a sum
of not to exceed twenty-five thousand dollars per day for each day in which such violation
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occurs. The City may petition the Superior Court pursuant to Government Code Section 54740 to
impose, assess, and recover such sums. The remedy provided in this section is cumulative and
not exclusive, and shall be in addition to the penalty provisions of Chapter 1.08 of this code and
all other remedies available to the City under state and federal law.
16.09.275 Damage to facilities.
When a discharge causes an obstruction, damage, or any other impairment to City
facilities, the City may assess a charge against the discharger to reimburse the City for costs
incurred to clean or repair said facility.
16.09.280 City right to terminate discharge.
The City reserves the right to terminate sewer service for noncompliance with the
provisions of this Chapter which reasonably appear to present an imminent endangerment to the
health, safety, and welfare of persons. The discharger shall immediately cease discharge of any
waste presenting such a hazard, upon verbal andlor written notice of the Superintendent. Such
termination shall be effective immediately, but shall be reviewable pursuant to the hearing
process provided in Section 16.09.100.
16.09.285 Enforcement: Remedies Nonexclusive.
The remedies provided for in this ordinance are not exclusive. The Superintendent may
take any, all, or any combination of these actions against a noncompliant discharger.
Enforcement of Pretreatment violations will generally be in accordance with the City's
enforcement response plan. However, the Superintendent may take other action against any
discharger when the circumstances warrant. Further, the Superintendent is empowered to take
more than one enforcement action against any noncompliant discharger. .
SECTION 3. The adoption and implementation of this Ordinance is categorically
exetp.pt from the California Environmental Quality Act pursuant to CEQA Guideline Section
15308 (actions'by regulatory agencies for the protection of the environment).
II
II
II
II
II
II
II
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100628 syn 6051181