HomeMy WebLinkAbout2004-03-01 Ordinancefollows:
ORDINANCE NO. 4820
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING SECTIONS 16.09.106, 16.09.110,
16.09.112, 16.09.113, AND 16.09.116 OF THE PALO
ALTO MUNICIPAL CODE RELATING TO SEWER USE
The Council of the City of Palo Alto does ORDAIN as
SECTION 1. The Council hereby finds that the following
amendments to Chapter 16.09 (the Sewer Use Ordinance) of the
Palo Alto Municipal Code are in the interest of public health,
safety and welfare.
SECTION 2. Section 16.09.106 of Chapter 16.09 of Title
16 (Building Regulations) of the Palo Alto Municipal Code is
hereby amended to read as follows:
16.09.106 Stor.m drains -Prohibited discharges.
(a) It shall be unlawful to discharge any domestic
waste or industrial waste into storm drains, gutters, creeks, or
San Francisco Bay. Unlawful discharges to storm drains shall
include, but not be limited to, discharges from toilets; sinks;
industrial processes; cooling systems; boilers; fabric cleaning;
equipment cleaning; vehicle cleaning; construction activi ties,
including, but not limited to, painting, paving, concrete
placement, sawcutting and grading; swimming pools; spas; and
fountains, or substances added to the storm drain to control
root growth, unless specifically permitted by a discharge permit
or unless exempted pursuant to guidelines published by the
superintendent.
(b) It shall be unlawful to cause hazardous
materials, domestic waste or industrial waste to be deposited in
such a manner or location as to constitute a threatened
discharge into storm drains, gutters, creeks or San Francisco
Bay. A "threatened discharge" is a condition creating a
substantial probability of harm, when the probability and
potential extent of harm make it reasonably necessary to take
immediate action to prevent, reduce or mitigate damages to
persons, property or natural resources. Domestic or industrial
wastes that are no longer contained in a pipe, tank or other
container are considered to be threatened discharges unless they
are actively being cleaned up.
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040329 syn 0091403
(c) Interior floor drains shall not be connected to
storm drains.
(d) Exterior drains located in the following areas
shall not be connected to storm drains:
(1) Equipment or vehicle washing areas;
(2) Areas where equipment fluids are routinely
changed;
(3) Areas where hazardous materials, chemicals or
wind other uncontained materials that are easily transported by
or water are stored and are not secondarily contained; or
(4) Loading dock areas, except that loading dock
drains to the storm drain system may be allowed if a valve or
equivalent device is provided, which remains closed except when
it is raining.
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.
(e) After January 1, 2003, new buildings,
single-family and duplex residences, shall provide
area for a dumpster. The area shall be designed
water run on to the area and runoff from the area.
except for
a covered
to prevent
(f) After January 1, 2003, new multi-family
residential development proj ects 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 washwaters and
shall be connected to an oil/water separator prior to discharge
to the sanitary sewer system. 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.
(g) Storm drain inlets shall be clearly marked with
the words "No dumping Flows to Bay," or equivalent.
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040329 syn 0091403
SECTION 3. Section 16.09.110 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.110 Standards.
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 16.09.121:
(a) The categorical standards set forth in 40 CFR
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.
(b) Local limitations, in addition to those specified
in this section, shall be developed by the superintendent based
upon the prohibitions contained in Section 16.09.100. These
limitations will be imposed on appropriate dischargers via
industrial waste discharge permits or modifications to existing
permits.
(c) In addi tion to the
above, the following requirements
more stringent:
requirements
shall apply
of (a) and
where they
Average Instantaneous
Parameter Concentration Max. Min.
Oil & grease* (mg/l)
Oil & grease (total) (mg/l)
Suspended solids (mg/l) 3000
Total dissolve"d solids (mg/l) 5000
Temperature, (Degrees F)
< 30 gpm & < 30 minutes
All other times
Fluoride (mg/l) 65
pH**
20
200
6000
10000
150 F
120 F
65
11. 0 5.0
(b)
are
* Gravity separation at a temperature of 202C. and a
pH of 4.5.
** Where the pH is monitored continuously, no
individual deviation from the above range shall exceed twenty
minutes in length for discharges less than ten thousand gallons
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040329 syn 0091403
per day nor ten minutes in length for discharges greater than
ten thousand gallons per day. The total time of deviations
during any seven calendar day period shall not exceed a total of
sixty minutes. Any pH reading less than or equal to 2.0 or
greater than or equal to 12.5 is prohibited.
(d) 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
transmissibili ty 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) 'rhrough a one centimeter light path;
(4) A maximum spectrum band width of 10 nanometers;
(5) Through the wave length range from four hundred
to eight hundred nanometers.
(e) Explosives. No solids, liquids, or gases which by
themsel ves or by interaction wi th other substances· may create
fire or explosion hazards, including wastestreams with a closed
cup flashpoint of less than 140§F (60§C) shall be discharged.
Flammable substances including, but not limi ted to, acetone,
alcohols, benzene, gasoline, xylene, hexane and naphtha, shall
not be discharged into the sewer system except where present in
contaminated groundwater discharges being discharged under an
exceptional waste permit issued by the city. Where groundwater
discharges contain such contaminants, the discharger shall
monitor the sewer atmosphere for explosivity and flammability
using a properly calibrated meter designed for the 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 within fifteen minutes of
making the determination of threatened explosivity. The
discharger shall follow verbal notification with a written
explanation of the cause of the explosive hazard within five
working days, with corrective actions taken to alleviate the
situation and measures taken to prevent a reoccurrence. The
discharger shall not recommence wi thout prior wri tten approval
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040329 syn 0091403
of the superintendent or his designated representative. Where
flammable substances are used in processes, separate collection
and disposal outside the sewer system shall be provided.
(f) Oil and Grease. Oil and/or grease shall not be
discharged into the sewer system if the average concentration of
flotable 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, nonbiodegradable cutting oil, or
products of mineral origin in amounts that cause interference or
pass through, as defined by EPA regulations, shall be
prohibited.
(g) 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.
Permitted dischargers shall be required to certify at
least every six months in their Periodic Report of Continued
Compliance (PRCC) that their 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 file
with the Palo Alto fire department a current hazardous materials
management plan (HMMP) 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 verbally notify the EPA, the
Regional Water Quality Control Board and the superintendent as
soon as possible, but in no event later than twenty-four hours
after such discharge. Appropriate records of hazardous waste
disposal manifests, inventories of stored virgin and used
hazardous materials, and other documentation required by the
HMMP shall be kept and made available for inspection and/or
copying at the city's request.
Mercaptans and dissolved sulfides shall
discharged in concentrations exceeding 0.1 mg/liter.
not be
(h) Organic Solvents. Except as permi tted by other
sections of this chapter, the sewer shall not be used as a means
of disposal for organic solvents. Wastewater discharged to the
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sewer shall not contain a sum total greater than one thousand
milligrams per liter of acetone, ethanol, methanol, or isopropyl
alcohol, in any combination. Dischargers having organic solvents
on ~ite 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 solvent management plan to prevent entry
to the sanitary sewer and accidental spill prevention plans
shall be filed by the discharger as a condition of permission to
discharge to the sanitary sewer. Records of appropriate disposal
and handling shall be maintained by the discharger and shall be
available for inspection and copying by city personnel. 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 equipment. Neither the organic
solvent nor the separator water may lawfully be discharged to
the sewer or storm drain system.
(i) Total Toxic Organics. The prohibition against
disposal of organic solvents contained in 16.09.110 (h) may be
replaced by a specific limitation on total toxic organics (TTO).
Any such limi tation must be contained in an industrial waste
permit and either based on the appropriate categorical standard
of the pretreatment regulations or the following:
Total toxic organics (TTO) is the sum of all
quantifiable values greater than 0.01 mg/l from the list of
toxic organic pollutants contained in 40 CFR Part 433.ll(e). The
sum of the TTO shall be less than 1.0 mg/l as an instantaneous
maximum. No individual toxic organic compound (except for
phenol) shall exceed 0.75 mg/l as an instantaneous maximum.
These limi tations are subj ect to change in the future as the
requirements placed on the plant become more stringent and as
the process for establishing the industrial waste limitations is
refined.
(j) Radioactivity. The discharge of radioactive
wastes into the sewer system shall conform to the requirements
of California Radiation Control Regulations, Title 17,
California Code of Regulations, Chapter 5, Subchapter 4, and as
subsequently amended.
(k) Solids. No material
sanitary sewer that will obstruct
system, treatment system, or
prohibitions are as follows:
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040329 syn 0091403
shall be discharged· to the
or damage the collection
appurtenances. Specific
(1) Inert Solids. The discharge of inert solids
including, but not limited to sand, glass, metal chips, bone,
plastics, etc., into the sewer is prohibited. Settling chambers
or treatment works shall be installed where necessary to prevent
the entry of inert solids into the 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.
(1) Stored Liquid Wastes. Liquid aqueous-based wastes
that have been collected and held in tanks or containers shall
not be discharged into the sewer system except at locations
authorized by the superintendent to collect such wastes. Wastes
of this category include but are not limited to:
(1) Chemical toilet wastes;
(2) Industrial wastes collected in containers or
tanks;
(3) Pleasure boat wastes;
(4) Septic tank pumping;
(5) Trailer, camper, housecar, or other recreational
vehicle wastes.
(m) Toxicity. The following is a nonexclusive list of
toxic substances and the maximum concentration allowed for each
discharge:
Toxicant
Arsenic
Barium
Beryllium
Boron
Cadmium
Chromium, Hexavalent
Chromium total
Cobalt
Copper
Cyanide
Formaldehyde
040329 syn 0091403
Instantaneous Maximum
Concentration Allowable
0.1 mg/1iter
5.0 mg/1iter
0.75 mg/1iter
1.0 mg/1iter
0.1 mg/1iter
1.0 mg/1iter
2.0 mg/1iter
1.0 mg/1iter
2.0 mg/1iter
1.0 mg/1iter
5.0 mg/1iter
7
Lead
Manganese
Mercury
Methyl Tertiary Butyl
Ether (MTBE)
Nickel
Phenols
Selenium
Silver
Zinc
0.5 mg/liter
1.0 mg/liter
0.01 mg/liter
0.75 mg/liter
0.5 mg/liter
1.0 mg/liter
1.0 mg/liter
0.25 mg/liter
2.0 mg/liter
For discharges greater than fifty thousand gallons per
day through any single sampling locationl the maximum
concentration will be one-half the values listed in the table l
with the exception of silveri nickel l and mercury I which the
limits shall remain 0.25 mg/literl 0.5 mg/literl and 0.01
mg/liter l respectivelYI regardless of flow.
The maximum concentration allowable 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 16.09.112.
The maximum concentration allowable for si set forth
in this section shall not be applicable to photographic
materials processing. Silver limitations for photoprocessors are
set forth in Section 16.09.111. The maximum concentration
allowable for copper set forth in this section shall apply to
all discharges except where more stringent maximum concentration
limitations are specified in Section 16.09.116.
These limitations are subject to change in the future as
the requirements placed on the plant become more stringent and
as the process for establishing the industrial waste limitations
is refined.
(n) Discharge limitations at the point of sampling
shall be specified in each discharge permit I based on flow and
waste stream information supplied in the discharger I s permit
applicationl applicable federal categorical limitations on
process wastewaters I and other pertinent information. Discharge
limitations may be expressed both in terms of total mass
discharged and concentration.
SECTION 4. Section 16.09.112 of the Palo Alto Municipal
Code is hereby amended to read as follows:
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040329 syn 0091403
16.09.112 Requirements for dental
remove or place amalgam fillings.
facilities that
(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 sewer.
(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
chairside traps, vacuum pump filters, screens, and other amalgam
trapping devices; used amalgam capsules; and leaking or unusable
amalgam capsules.
(3) "ISO 11143/1 is the International Organization for
Standardization's standard for amalgam separators.
(b) All owners and operators of
that remove or place amalgam fillings shall
following waste management practices:
dental facilities
comply with the
(1) No person shall
screens, or amalgam separator
connection to the sanitary sewer.
rinse chairside
equipment in a
traps,
sink or
vacuum
other
(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, and
shall maintain training records that shall be available for
inspection by the superintendent or designee during normal
business hours.
(3) Amalgam waste shall
accordance with the instructions of
such materials.
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040329 syn 0091403
be stored and managed in
the recycler or hauler of
(4 )
disinfectants
system.
Bleach
shall not
and
be used
other chlorine-containing
to disinfect a vacuum line
(5) The use of bulk mercury is prohibited. Only
precapsulated dental amalgam is permitted.
(c) All owners and operators of dental vacuum suction
systems, except as set forth in subsections (d) and (e) 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 on or
before March 31, 2005i provided, however, that all dental
facili ties that are newly constructed on and after April 16,
2004, the effective date of this ordinance, shall include an
installed ISO 11143 certified amalgam separator device. 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 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. Alternative
materials and methods may be proposed to the superintendent for
approval, pursuant to 16.09.165.
(2) Proof of
shall be submitted to
installation.
certi cation and installation
the superintendent within 30
records
days of
(3) Amalgam separators shall be maintained in
accordance with manufacturer recommendations. Installation,
certification, and maintenance records shall be available for
immediate inspection upon request therefor by the superintendent
or designee during normal business hours.
(d) Facilities with vacuum suction systems that meet
all of the following conditi'ons may apply to the superintendent
for an exemption to the requirements of subsection (c) of this
section:
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040329 syn 0091403
(1) The system was installed at the site before
October 1, 2003.
(2) The system is a dry vacuum pump system with an
air-water separator.
(3) The
with the drain
accumulated sludge.
sedimentation tank is non-bottom
above the anticipated maximum
draining,
level of
(4) Evidence of regular pump outs (a minimum of once
a year, or more often if ther directed by the manufacturer or
necessary to keep solids from exiting through the drain) is
maintained and open to inspection by the superintendent during
normal business hours.
(5) The system has no direct discharge pipe to the
sewer on the bottom of the sedimentation tank.
An owner or operator whose facility meets conditions (1)
through (5) may apply for this exemption by written letter to
the superintendent. The superintendent or designee will review
the system and, if the exemption is approved, shall provide a
written letter of exemption.
An exemption obtained pursuant to this subsection (d)
shall expire upon installation of a new vacuum system. Upon
expiration of the exemption, the faci ty shall comply with
subsection (c) of this section before commencing further
operation.
(e) The following types of dental practice are exempt
from this section 16.09.112, provided that removal or placement
of amalgam fillings occurs at the facility no more than 3 days
per year:
(1 ) Orthodontics.
(2 ) Periodontics.
(3 ) Oral and maxillofacial surgery.
(4) Radiology.
(5 ) Oral pathology or oral medicine.
( 6 ) Endodontistry and prosthodontistry.
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040329 syn 0091403
SECTION 5. Section 16.09.113 of the Palo Alto Municipal
Code is hereby amended by adding subsection (c) to read as
follows:
16.09.113 Requirements for vehicle 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.
from a
limited
radiator
coolant.
(5) "Vehicle fluid" means a liquid used in or drained
motor vehicle. Vehicle fluids include, but are not
to, gasoline, diesel fuel, motor oil, brake fluid,
fluid, hydraulic fluid, transmission fluid, and
(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.
(b) All vehicle service facilities shall be operated,
on and after October 1, 1992, 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 rinsewater from parts cleaning operations into
storm drains.
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040329 syn 0091403
(2 )
facilities
material,
comes into
cleaned up
All owners and operators of vehicle service
shall ensure that any vehicle fluid, hazardous
or rinsewater from parts cleaning operations that
contact with any floor, pavement or ground surface is
immediately from such surface.
(3) No person shall dispose of vehicle fluids or
rinsewater 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 abuilding, 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 sanitary sewer system,
to a storm drain, or onto the ground, except 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 drain
water from vehicle washing operations, except from rinsing of
vehicle exterior surfaces, with water only, to remove
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040329 syn 0091403
atmospheric dust that deposited
This exception does not apply
facilities or fleet washing.
on a vehicle when not
to commercial vehic
in use.
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 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.
(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
drains located on the property of the facility notifying persons
that the discharge of waste into the storm drain is illegal.
In the case of any conflict between the provisions of
this section and other provisions of this chapter, this section
will apply.
(16) No person shall discharge to the sanitary sewer
solid materials from wet sanding. Vehicle service facilities
using wet sanding processes shall have one or more containers to
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040329 syn 0091403
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
appropriately.
(c) The maximum allowable discharge concentration of
zinc for vehicle service facilities shall be 4.0 mg/liter.
SECTION 6. Section 16.09.116 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.116 Additional copper limitations for industrial
waste.
(a) Industrial waste discharges to the sewer are subject
to the copper limitations contained in this section except for
industrial waste from the following facilities, including
facilities that are components of larger facilities, which are
subject to speci c limitations set forth in other provisions of
this chapter.
(1) Vehicle service facilities;
(2) Photoprocessing facilities;
(3) Machine shops; and
(4) Metal fabrication facilities.
(b) No later than July 1, 1996, industrial waste
discharges to the sewer from metal finishing facilities, as
defined by the EPA in 40 CFR part 413 and part 433, 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 nonmetal finishing process wastes,
domestic waste, and cooling water.
(i) The annual average copper
twelve month period shall not exceed 0.4
reasonable control measures specified
standards published by the superintendent
implemented; or
15
040329 syn 009 J 403
concentration for any
mg/l. In addition, all
in accordance wi th
shall be installed and
(2) The annual average poundslday 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 by the city. The
limi tation shall be based upon those control measures having a
simple payback period of five years or less. The average annual
pounds per day shall be a "rolling" measurement, calculated by
mul tiplying 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 average annual pounds 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 ot Palo Alto, entitled "City
of Palo Alto-Local Limits Development -Proposed Local Limits -
April, 1994."
(c) As of July I, 1998, the maximum copper concentration
of industrial waste discharges to the sewer other than those
covered by subsections (a) or (b) shall not exceed 0.25 mg/l.
SECTION 7. The Council finds tnat this ordinance is
categorically exempt from the California Environmental Quali ty
Act, pursuant to Section 15308 of the CEQA Guidelines, as a
regulatory action taken to protect the environment. The Council
further finds that there are no unusual circumstances that might
create a reasonable probability that the project would have any
significant environmental effects.
II
II
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II
II
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040329syn0091403
SECTION 8. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED: March 1, 2004
PASSED: March 15, 2004
AYES: BEECHAM, BURCH, CORDELL, FREEMAN, KISHIMOTO, KLEINBERG,
MORTON, MOSSAR, OJAKIAN
NOES:
ABSENT:
ABSTENTIONS:
City Clerk Mayor
APPROVED AS TO F0:t:
c~~~"~~ A~
Director of Public Works
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040329 syn 0091403