HomeMy WebLinkAbout2002-08-05 Ordinance 4760!,
ORDINANCE NO. 4760
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING SECTIONS 16.09.010, 16.09.031,
16.09.032, 16.09.033, 16.09.060, 16.09.061,
16.09.090, 16.09.095, 16.09.101, 16.09.103,
16.09.104, 16.09.105, 16.09.106, 16.09.110,
16.09.113, 16.09.115, 16.09.116, 16.09.117,
16.09.143, 16.09.144, 16.09.145, 16.09.155, AND
16.09.160 OF THE PALO ALTO MUNICIPAL CODE
RELATING TO SEWER USE
The Council of the City of Palo Alto does hereby ORDAIN
as follows:
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 16.09.010 of Chapter 16.09 of Title
16 (Building Regulations) of the Palo Alto Municipal Code is
hereby amended to read as follows:
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 Regulations.
Terminology for analytical testing shall be that contained in
"Guidelines Establishing Test Procedures for the Analysis of
Pollutants," published at Title 40 CFR, Part 136.
"Annual average concentration" means the average
concentration of a substance measured over any twelve (12) month
period of time.
"Average concentration II 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 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.
020813 sm 0032547 1
"Cesspool" means a lined or partially lined underground
pit into which raw sanitary sewage is discharged.
"Collection system" means the pipes, junction boxes,
channels and other conveyance apparatus used to move storm water
or sewage.
"Cooling system
discharged from a cooling
operation of the system.
blowdown" means
water system to
water
maintain
routinely
efficient
"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 ground water" 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.
"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 a cooling system.
"Discharger" means any person who discharges, causes, or
permits the discharge of industrial waste into a city sewer or
storm drain.
"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 city's sewer system.
"EPA" means the United States Environmental Protection
Agency.
"Exceptional waste" means that subset of industrial
waste specified in Section 16.09.020{c) (2).
020813 sm 0032547 2
"Fail safe valve" means an electrically driven valve
that is normally closed. The valve can be opened by continuously
depressing a switch mechanism that automatically closes the
valve when not in use or depressed.
"Food service facility" means any nonresidential
establishment that uses or generates grease when preparing food.
Food service facility does not include any facility that
prepares food for off-site cooking and consumption, or any
facility that does not use, generate or dispose of grease in
cooking or preparing food.
"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
wastewater collection system is generally present as, but need
not be, a flotable solid, a liquid, a colloid, an emulsion, or
in a solution.
"Grease removal device" means an interceptor, trap or
other mechanical device designed, constructed and intended to
remove, hold or otherwise prevent the passage of grease to the
sanitary sewer.
"Hazardous material" means any material so designated by
Title 17 of this code.
"Hazardous waste" means a material designated as a
hazardous waste by 40 CFR Part 261 or California Code of
Regulations (CCR) Title 22, Division 4.5, Chapter 11.
"Industrial user" means any person that discharges,
causes, or permits the discharge of industrial waste into a city
sewer or storm drain.
"Industrial waste" means the waste and wastewater from
any production, manufacturing or processing operation of
whatever nature including institutional and commercial
operations where wastewater is used for the removal of waste
other than domestic waste. "Industrial waste" shall include
contaminated water from construction operations, contaminated
water from erosion of disturbed land, and contaminated water
from irrigation runoff.
"Instantaneous maximum" means the highest concentration
or other measure of pollutant magnitude taken at any discrete
point in time.
020813 sm 0032547 3
"Instantaneous minimum" means the lowest concentration
or other measure of pollutant magnitude taken at any discrete
point in time.
"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.
"Loading dock It means that
for the loading and unloading of
radius of ten feet.
area of
trucks,
a facility intended
plus an additional
"Machine shop" means a fixed facility
grinds, polishes, deburs, or machines metal parts
conduct metal finishing as that term is defined by
CFR part 433.
which cuts,
but does not
the EPA in 40
"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 EPA in 40 CFR
part 433.
"Oil-water separator" means a receptacle designed and
constructed to intercept, separate, and prevent the passage of
oils and sediments into the sewer system.
"Once-through cooling system" means a cooling system
through which water passes through only once before discharge to
a drain, including laboratory benchtop 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 I s NPDES permit (including an increase
in the magnitude or duration of a violation) .
" Person" means any indi vidual,
association, corporation, or public agency.
partnership, firm,
"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
020813 sm 0032547 4
"
it shall mean the point where the private sewer joins a public
sewer.
"Pretreatment system" means a treatment system
industrial or commercial facility that is designed to
water prior to entering the city's sewer system.
at an
treat
"Sampling location" means an access box, valve, spigot
or similar structure from which 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 property, institutions and industrial
property excluding ground water, surface water, and storm
waters.
"Secondary containment" means and shall have the meaning
specified by Title 17 of this code .
.. Seepage pi t.. 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 all
sewers, treatment plants and other facilities owned or operated
by the city of Palo Alto for carrying, collecting, treating, and
disposing of sanitary sewage and industrial wastes.
"Significant noncompliance" means violation by an
industrial discharger of one or more criteria set forth in 40
CFR 403.8(f) (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.
"Slug" means any non-routine discharge that violates any
of the specific prohibitions listed in 40 CFR 403.5(b) or
Section 16.09.100 of this code.
020813 sm 0032547 5
"Storm drains" or "storm drain system" means the system
of pipes 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.
"Unpolluted water" means water to which no constituent
has been added, either intentionally or accidentally, that would
render such water unacceptable for disposal to storm or natural
drainage or directly to surface waters.
"Wet sanding" means the use of water and sandpaper for
the removal of paint.
SECTION 3. Section 16.09.031 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.031 Requirements for facili ties
categorical pretreatment standards.
affected by
In the event that an industrial waste discharge permit
holder or applicant is determined to be affected by a newly
promulgated categorical waste discharge standard or an existing
discharge permit holder is reclassified as being subject to the
categorical standards provided in the pretreatment regulations
due to process changes, or an inspection reveals the presence of
regulated processes, or new information becomes available that
justifies or requires a reclassification, the discharger shall,
within ninety days of the effective date of a categorical
standard or reclassification, file a baseline monitoring report
[BMR]. If additional pretreatment, operational, or maintenance
procedures, or installation of facilities, equipment or
improvements will be required to comply with the categorical
standard, the discharger shall include a compliance time
schedule which specifies the shortest feasible schedule by which
the discharger will provide such additional pretreatment
procedures or facilities, equipment or improvements to attain
compliance. For purposes of pretreatment regulations, the
completion date in this schedule shall not be later than the
established compliance date provided by the applicable
pretreatment regulations.
SECTION 4. Section 16.09.032 of the Palo Alto Municipal
Code is hereby amended to read as follows:
II
020813 8m 0032547 6
16.09.032 Requirements for newly constructed,
remodeled or converted 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, 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) Interior (indoor) floor drains to the 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 are used or stored, unless secondary containment is
provided for I such materials and equipment. The
superintendent may allow an exception to this requirement under
the following circumstances:
(A) When the drain is connected to a wastewater
treatment unit approved by the superintendenti
(B) (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
ther a covered sump or berm system. If a sump is used, the
capacity shall be at least as large as the largest chemical
container in the laboratorYi
(C) (For industrial process equipment) If the
equipment does not contain hazardous waste and if all floor
drains are equipped wi th fail-sa valves which shall be kept
closed during periods of operation.
(2) Exterior (outdoor) drains may be connected to the
sewer only if the area in which the drain is located is covered
or protected from rainwater run-on by berms and/or grading, and
appropriate wastewater treatment approved by the superintendent
provided. Any loading dock area wi th a sani tary sewer drain
020813 sm 0032547 7
shall be equipped with a fail-safe valve, which shall be kept
closed during periods of operation.
(3) Interior floor drains shall not be connected to
the storm drain.
(4) Exterior drains shall be connected to the storm
drain. Such connections shall not be permitted within the
following areas:
other
(A) Equipment or vehicle washing areas:
(B) Areas
uncontained
where chemicals, hazardous materials, or
materials are stored unless secondary
containment is provided;
(C) Equipment or vehicle fueling areas or fluid
changing areas;
(D) Loading docks where chemicals, hazardous
materials, grease, oil, or waste products are handled.
(5) 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 runon to the covered area.
(6) 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.
(7 )
sewer system
system.
Boiler drain
and may not
lines shall be
be discharged to
connected to the
the storm drain
(8) Condensate lines shall not be connected or
allowed to drain to the storm drain system.
(9) Copper, copper alloys, lead and lead alloys,
including brass, shall not be used in the sewer lines,
connectors, or seals coming in contact with sewage, except for
sink traps and associated connecting pipes.
(10) 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
020813 sm 0032547 8
hazardous storage areas) if the secondary containment area is
covered and if the drain is connected to a wastewater treatment
facility approved by the superintendent.
(11) Sacrificial zinc anodes are not permitted to be
in contact with the water supply in a water distribution system.
(12) Aspirators connected to laboratory sink faucets
are prohibited; however, aspirators designed and used for
transferring acids and bases from stationary permanent
laboratory sinks to treatment facilities shall be allowed.
(13) Laboratory countertops and laboratory sinks shall
be separated by a lip which prevents hazardous materials spilled
on the countertop from draining to the sink.
(14) 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.
(15) Swimming pool discharge drains shall not be
connected directly to the storm drain system or to the sewer
system. When draining is necessary, a hose or other temporary
system shall be directed into a sewer (not storm drain system)
clean out. A sewer clean out shall be installed in a readily
accessible area.
(16) Food service facilities shall have a sink or
other area for cleaning floor mats, containers, and equipment,
which is connected to a grease interceptor and the sani tary
sewer. The sink or cleaning area shall be large enough to clean
the largest mat or piece of equipment to be cleaned. ter
January 1, 1996, new buildings constructed to house food service
facilities shall include a covered, area for a dumpster. The
area shall be designed to prevent water runon to the area and
runoff from the area. Drains that are installed beneath
dumpsters serving food service facilities, shall be connected to
a grease removal device.
020813 sm 0032547 9
(17) 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.
SECTION 5. Section 16.09.033 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.033
dischargers.
Reporting requirements for all permitted
All permit holders shall be required to submit periodic
reports to the superintendent. Specific reporting requirements
shall be specified in the permit, or in compliance directives or
in notices of violation, but the minimum reports required for
all permitted dischargers of nondomestic waste are as follows:
(a) Baseline monitoring reports (BMR);
(b) Compliance reports which shall be submitted
within ninety days of the compliance date calculated pursuant to
the applicable pretreatment standards or local standards. These
reports shall state whether applicable standards or requirements
are being met on a consistent basis;
(c) Periodic reports of continued compliance [PRCC]
shall be submitted semiannually. These reports shall indicate
whether applicable pretreatment standards and/or local discharge
standards have been met during the reporting period.
(d) Permitted dischargers shall keep records of
monitoring activities and results for all monitoring required by
the superintendent for a minimum of three years.
Failure to submit required reports by the specified due
date shall be considered a violation of the provisions of this
chapter.
SECTION 6. Section 16.09.060 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.060 waste sampling locations.
Every establishment from which industrial wastes are
discharged to the 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
020813 sm 0032547 10
approved by the superintendent which will allow the separate
measuring and sampling of industrial and domestic wastes. The
superintendent may approve sampling locations and measuring
devices or methodologies which will permit the combined sampling
and measuring of industrial and domestic wastes only for
establishments discharging prior to the effective date of the
ordinance codified in this chapter. Unless otherwise approved by
the superintendent, domestic and industrial wastes shall be kept
completely separated upstream of such sampling locations and/or
measuring points. Establishments that are billed for sewer
service on the basis of sewage effluent constituents shall
provide a suitable means for sampling and/or measurement of flow
to determine billing constituents in accordance with the
utilities rules and regulations. Sampling locations shall be so
located that they are safe and accessible to city inspectors at
any reasonable time during which discharge is occurring.
SECTION 7. Section 16.09.061 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.061 Discharger monitoring.
(a) The superintendent, or his or her authorized
representatives, may conduct all inspection, surveillance, and
monitoring procedures necessary to assure compliance with
applicable sections of this chapter or with federal or state
regulations.
(b) Representatives of the superintendent shall be
authorized to enter, without unreasonable delay, any premises of
any discharger to carry out inspections, surveillance and
monitoring to assure compliance with this chapter and applicable
federal, state of California, and county of Santa Clara
regulations. Records shall be available to city personnel for
inspection and copying.
(c) In addi tion to any other remedy avai lable to the
city, city inspectors may issue compliance directives 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 16.09.050.
(d) Prior to final closure of any industrial
facility, the superintendent may require inspection and/or
testing of the facility's sanitary sewer lines 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
020813 smOO32547 11
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 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.
SECTION 8. Section 16.09.090 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.090 Accidental discharge prevention.
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, or his designee, 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 fects
of prohibited materials or wastes which may be accidentally
discharged in violation of this chapter.
SECTION 9. Section 16.09.095 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.095 Discharger self-monitoring.
(a) As a condition of discharge, the superintendent
may require the discharger to conduct a sampling and analysis
program of discharger's industrial waste of a frequency and type
required by the superintendent to demonstrate compliance with
the requirements of this chapter. The discharge permi t shall
specify the minimum frequency and type of samples, flow
monitoring, measuring, and analyses to be conducted by the
discharger. The permit may also specify the type of sampling
equipment and flow monitoring equipment that must be installed
020813 sm 0032547 12
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 (6)
months or more frequently if recommended by the manufacturer.
The required self-monitoring program will depend on factors such
as flow, potential for the discharge to cause interference,
pass-through, or upset of treatment processes, pollutants
present, and prior compliance history (if any) of the
discharger. Additional monitoring may be required by the
superintendent for violation follow-up, assisting the city in
evaluating effects of the discharge, or as part of a compliance
directive or notice of violation.
Information to be included in reports of self
moni toring, and acceptable sampling and analytical methods are
specified in 40 CFR 403.12(g) and 40 CFR 136. Discharge permits
may require the discharger to conduct self-monitoring using
specific analytical methods with specified detection limits to
provide information on pollutant mass loading. Samples shall be
analyzed at the discharger's expense, by a laboratory accredited
by the State of California Department of Health for such
analysis. The detection limit used by the discharger for those
substances reported as nondetectable shall be no greater than
one-tenth the lowest applicable effluent limit.
(b) The self-monitoring reports and notices required
by the pretreatment regulations shall be submitted to the
superintendent or .his designee on the dates specified.
(c) The superintendent may require self-monitoring
for facilities for which a permit has not been issued. In
addition, the superintendent may require investigations or
studies to determine methods of reducing toxic constituents in
the discharge. The superintendent may also request that
information be submitted within a reasonable time concerning the
chemical or biological constituents of any substance or chemical
product that could potentially be discharged to the sewer system
or the storm drain system or which the superintendent determines
may, alone or in accumulation with other discharges, contribute
to a violation by the plant of any applicable water quality
standards or of any of its NPDES permits or contribute to an
upset of plant processes.
II
II
020813 sm 0032547 13
SECTION 10. Section 16.09.101 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.101 Root control chemicals.
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. No person shall discharge, dispose or add to the storm
drain system any substance to control roots.
SECTION 11. Section 16.09.103 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.103 Grease
disposers prohibited.
removal device required; garbage
(a) The owner of every newly constructed, remodeled,
or converted commercial or industrial facility with one or more
grease generating activities, including food service facilities
with new or replacement kitchens, for which a building permit is
issued on or after January I, 1992, shall install or cause to be
installed a grease interceptor for each grease generating
activity, of a size equal to or greater than the minimum size
meeting the definition of "grease interceptor," as set forth in
Section 209 of the 1997 Uniform Plumbing Code or the equivalent
section of a subsequently adopted edition of the California
Plumbing Code.
(b) The owner of every commercial or industrial
generator of grease, including food service facilities, serviced
by a sewer collection line found to have a grease blockage, a
history of grease blockage, or accelerated line maintenance
resulting from grease disposal shall install or cause to be
installed, upon notification by the superintendent, a grease
removal device.
(c) The owner of every commercial or industrial
generator of grease, including food service facilities, for
which installation of grease removal devices is not required
pursuant to subsection (a) or (b) of this section, shall install
or cause to be installed a grease removal device for each grease
generating activity, on or before January I, 1997.
(d) All grease removal device (s) shall be installed
on the premises where grease is used or generated and shall be
sized in conformance with Chapter 10 of the 1997 Uniform
Plumbing Code or the equivalent section of a subsequently
adopted edition of the California Plumbing Code. The contents of
all grease removal devices shall be removed periodically as
020813 sm 0032547 14
necessary to prevent violations of this chapter. At a minimum/
the contents shall be removed every six months. All grease
removal devices shall be kept in good repair, and shall be
maintained in continuous operation. A log of all grease removal
activities shall be maintained at the facility showing the date
of removal, the amount removed and the disposition of the
removed contents. The log shall be retained for a period of
three years, and shall be available for inspection by city
inspectors upon request.
(e) Effective January 1, 2003, the installation of
any food waste disposer (grinder) at any food service facility
with one or more grease generating activities is prohibited.
(f) Effective January 1, 2007/ no food service
facility with one or more grease generating activities shall
utilize a food waste disposer (grinder) for the purpose of food
waste disposal to the sanitary sewer.
SECTION 12. Section 16.09.104 is hereby added to Chapter
16.09 (the Sewer Use Ordinance) of Title 16 (Building
Regulations) of the Palo Alto Municipal Code to read as follows:
16.09.104 Zino-oontaining floor finishes.
After January 1, 2003/ no person shall discharge or
dispose to the sanitary sewer 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.
SECTION 13. Section 16.09.105 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.105 Unpolluted water.
(a) Unpolluted water shall not be discharged through
direct or indirect connection to the sanitary sewer system
unless a permit is issued by the city. As used in this section,
unpolluted water shall include stormwater from roofs, yards,
foundation or underdrainage, which meets all state and federal
requirements for discharge to surface waters of the United
States. The city 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
020813 sm 0032547 15
applicable charges and fees and shall meet such other conditions
as required by the superintendent.
(b) After January 1, 2003, non-emergency discharges
greater than 200 gallons per day from once-through cooling
systems using potable water as a coolant shall not be discharged
to the sanitary system; provided t that the superintendent may
approve an exception in the following instances: (1) for once-
through cooling water used for benchtop 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.
(c) After January 1t 2006 t non-emergency discharges
of any amount from once-through cooling systems using potable
water as a coolant shall not be discharged to the sanitary
system; provided t that the superintendent may approve an
exception in the following instances: (1) for once-through
cooling water used for benchtop 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.
SECTION 14. Section 16.09.106 of the Palo Alto
Municipal Code is hereby amended to read as follows:
16.09.106 Storm drains -Prohibited discharges.
(a) It shall be unlawful to discharge any domestic
waste or industrial waste into storm drains t gutters, creeks, or
San Francisco Bay. Unlawful discharges to storm drains shall
include t but not be limited tOt discharges from toilets; sinks;
industrial processeSj cooling systems; boilers; fabric cleaning;
equipment cleaning i vehicle cleaning; construction acti vi ties,
including t but not limited tOt 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
020813 sm 0032547 16
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.
(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 runon to the area and runoff from the area.
except for
a covered
to prevent
(f) After January 1, 2003, new residential buildings
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.
020813 sm 0032547 17
SECTION 15. 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 addition to the
above, the following requirements
more stringent:
requirements of (a)
shall apply where
and
they
(b)
are
Average
Parameter Concentration
Oil & grease* (mg/l)
Oil & grease (total) (mg/l)
Suspended solids (mg/l) 3000
Total dissolved solids
(mg/l) 5000
Temperature, (Degrees F)
< 30 gpm & < 30 minutes
All other times
Fluoride (mg/l) 65
pH**
Instantaneous
Max. Min.
20
200
6000
10000
150 F
120 F
65
11. 0 5.5
* Gravity separation at a temperature of 20 2 C. and a
pH of 4.5.
** Where the pH is monitored continuously, no
individual deviation from the above range shall exceed ten
minutes in length for discharges less than ten thousand gallons
per day nor five 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
020813 8m 0032547 18
thirty 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
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 four hundred
to eight hundred nanometers.
(e) Explosives. No solids, liquids, or gases which by
themselves or by interaction with 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 limited 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 wi thin 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 without prior written approval
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
020813 sm 0032547 19
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 wi th other wastes may create a public nuisance or
hazard, make human entry into the sewers unsafe, or which
constitutes a discharge of hazardous waste.
Permi tted 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 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
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 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 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
020813 sm 0032547 20
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 limitation 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 433.11(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 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.
(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 shall be discharged to the
sanitary sewer that will obstruct or damage the collection
system, treatment system, or appurtenances. Specific
prohibitions are as follows:
(1) Inert Solids. The discharge of inert solids
including, but not limited to sand, glass l 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
020813 sm 0032547 21
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 wastesi
(2) Industrial wastes collected in containers or
tanks;
(3) Pleasure boat wastes;
(4) Septic tank pumpingi
(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
Lead
Manganese
Mercury
Methyl Tertiary Butyl
Ether (MTBE)
Nickel
Phenols
Selenium
Silver
Zinc
Instantaneous Maximum
Concentration Allowable
0.1 mg/liter
5.0 mg/liter
0.75 mg/liter
1.0 mg/liter
0.1 mg/liter
1.0 mg/liter
2.0 mg/liter
1.0 mg/liter
2.0 mg/liter
1.0 mg/liter
5.0 mg/liter
0.5 mg/liter
1.0 mg/liter
0.05 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 fty thousand gallons per
day through any single sampling location, the maximum
concentration will be one-half the values listed in the table,
wi th the exception of silver and nickel, for which the limits
020813 sm 0032547 22
shall remain 0.25 mg/liter and 0.5 mg/liter, respectively,
regardless of flow.
The maximum concentration allowable for silver set forth
in this section shall not be applicable to photographic
materials processing. Silver limitations for photoprocessors are
set forth in Section 16.09.111. 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, based on flow and
waste stream information supplied in the discharger's permit
application, applicable federal categorical limitations on
process wastewaters, and other pertinent information. Discharge
limitations may be expressed both in terms of total mass
discharged and concentration.
SECTION 16. Section 16.09.113 of the Palo Alto Municipal
Code is hereby amended 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 II 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
020813 sm 0032547 23
limited
radiator
coolant.
to, gasoline, diesel
fluid, hydraulic
fuel,
fluid,
motor oil,
transmission
brake fluid,
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.
(2) All owners and operators of vehicle service
facilities shall ensure that any vehicle fluid, hazardous
material, or rinsewater 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
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 a building, except in such a manner as to
ensure that any spilled fluid will be in an area of secondary
containment.
020813 sm 0032547 24
(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
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 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
facilities shall ensure that spill prevention and
equipment and absorbent materials are kept in stock at
and are readily available for use.
service
clean-up
all times
(13) No acid-containing batteries shall be stored
except within secondary containment.
(14) All owners and operators of vehicle service
faci ties shall ensure that all employees of such facilities
are trained, upon hiring and annually thereafter, regarding best
020813 sm 0032547 25
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
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.
SECTION 17. Section 16.09.115 of the Palo Alto
Municipal Code is hereby amended to read as follows:
16.09.115 Requirements for cooling systems, pools, spas
and fountains.
(a) It shall be unlawful to discharge water from
cooling systems, pools and spas to the storm drain system.
(b) No person shall discharge or add to the sewer or
storm drain, or add to a cooling system, pool, spa or fountain,
any substance that contains any of the following:
(1) Copper in excess of 2.0 mg/liter;
(2) Any tributyl tin compound in excess of 0.1
mg/liter; or
(3) Chromium in excess of 2.0 mg/liter.
The above concentration limitations
of the above-listed substances prior to
cooling system, pool, spa or fountain water.
(c) Cooling System Discharges.
020813 sm 0032547 26
shall apply to any
dilution with the
(1) As of July 1, 1998, cooling system discharges
exceeding a daily average flow of two thousand gallons shall not
exceed a maximum copper concentration of 0 .25 mg /1. For the
purposes of this section the daily average 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. The superintendent may impose an
alternative requirement to the 0.25 mg/l 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.
(2) Notwithstanding the effective date of the limits
set forth in subsection (c) (1), cooling system discharge
operations commencing on or after July 1, 1997 shall not be
required to comply with those limi ts until one year after the
date of such commencement.
(d) Cooling System Cleaning. Wastewater from cleaning
of cooling systems, boilers, 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 to ensure compliance with the maximum concentration limits
contained in Section 16.09.110. For purposes of this section,
"physical scouring" does not include the use of water at typical
water supply pressure; and "associated piping" means 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.
SECTION 18. Section 16.09.116 of the Palo Alto Municipal
Code is hereby amended to read as follows:
(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 specific limitations set forth in other
provisions of this chapter.
(1 )
(2 )
020813 sm 0032547
Vehicle service facilities;
Photoprocessing facilities;
27
(3) Machine shops; and
(4) Metal fabrication faci ties.
(b) No later than July I, 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.
(1) The annual average copper concentration for any
twelve month period shall not exceed 0.4 mg/l. 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 pounds/day 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
limitation 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 of 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.
(d) As of January I, 2003,
of industrial waste discharges to
discharges from dental facilities
amalgam shall not exceed 0.01 mg/l.
//
//
020813 sm 0032547 28
the mercury concentration
the sewer other than
using mercury-containing
SECTION 19. Section 16.09.117 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.117 Requirements 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 si tes for all
projects where the proposed construction site is equal to or
greater than one acre of disturbed soil and for any other
proj ects 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 Chapter 16.28 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
si tes to the storm drain. 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 ground water or water that exceeds state
or federal requirements for discharge to navigable waters may
not be discharged to the storm drain. Such water may be
discharged to the sewer, provided that the requirements of
Section 16.09.110 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.
SECTION 20. Section 16.09.143 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.143 Enforcement -administrative citation.
Any person who violates any provision of this chapter or
any provision of any permit issued pursuant to this chapter
020813 sm 0032547 29
shall be subject to the administrative citation provisions
contained in Chapter 1.12 of this code.
SECTION 21. Section 16.09.144 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.144 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.
SECTION 22. Section 16.09.145 is hereby added to Chapter
16.09 (the Sewer Use Ordinance) of Title 16 (Building
Regulations) of the Palo Alto Municipal Code to read as follows:
16.09.145 Enforcement; notice of noncompliance
a) Unless the superintendent finds that the severity
of the violation warrants immediate action under Sections
16.09.140, 16.09.141 or 16.09.142 or permit revocation or
suspension, he or she shall issue a notice of noncompliance
which:
(1) Enumerates the violations found; and
(2) Orders compliance by a date certain.
If
identified
the violations are not abated in the time period
further action may be taken by the superintendent,
but not limited to, suspension, revocation or including,
modification
16.09.040.
of the discharger's permit pursuant to Section
(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:
(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
0208 J 3 sm 0032547 30
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 in the case
of very infrequent violations or 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. Twenty-one consecutive, violation-
free calendar days of sampling by the discharger followed by
four days of violation-free sampling by the superintendent shall
constitute a demonstration of compliance.
SECTION 23. Section 16.09.146 is hereby added to Chapter
16.09 (the Sewer Use Ordinance) of Title 16 (Building
Regulations) of the Palo Alto Municipal Code to read as follows:
At least annually, notice shall be provided in the
largest local daily newspaper listing those industrial users
that were found to have been in significant noncompliance during
the previous twelve months.
SECTION 24. Section 16.09.155 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.155
reporting.
Noncompliance and increased loading
(a) Noncompliance with the provisions of this chapter
that are 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
explaining the nature, volume and duration of the noncompliance,
mitigation measures 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 i loss or damage to the 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.
(b) The reporting requirements of subsection (a)
above shall also apply to any slug discharge, short term, large
020813 sm 0032547 31
or unusual increase in flow or concentration of waste
constituents regardless of whether noncompliance has resulted.
In addition, the cause of the incident (e.g., accidental spill)
shall be reported. Notices shall be posted in process areas (or
other equally effective notification procedures used) giving
instruction on reporting such increases.
SECTION 25. Section 16.09.160 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.160 Construction requirements.
(a) Segregated industrial waste plumbing. The owner
of every new commercial and industrial building or portion
thereof for which a building permit is issued on or after July
I, 1992 must cause such building to be constructed so that
industrial waste is segregated, by means of separate plumbing,
from domestic waste prior to converging with other wastestreams
in the sanitary sewer system. For the purposes of this section
only, the term "new" shall mean and apply to all of the
following: newly constructed buildings; building additions that
require plumbing for industrial wastei and remodeling of
existing buildings to accommodate expansion of or change to a
use that requires plumbing for industrial waste.
(b) Copper roofing materials. On and after January I,
2003 I copper metal roofing I copper granule containing asphalt
shingles and copper gutters shall not be permitted for use on
any residential I 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 and gutters on historic
structures are exempt I 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.
SECTION 26. The Council finds that this ordinance is
categorically exempt from the California Environmental Quali ty
Act l pursuant to Section 15308 of the CEQA Guidelines I 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
0208 \3 sm 0032547 32
SECTION 27. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED: July 22, 2002
PASSED: August 5, 2002
AYES: BURCH, FREEMAN, KISHIMOTO, KLEINBERG, MORTON, MOSSAR I
OJAKIAN
NOES:
ABSENT: BEECHAM, LYTLE
ABSTENTIONS:
THIS DOCUMENT IS CERTIFIED TO BE AN
ORtlIPlANCE DULY PASSED BY THE COUNCIL
OF rm: {~ITY OF PALO ALTO AND
THH~E 1:',1' fER POSTED '~&f~!f!L
CI-IM<,;.:m:; ON (WITHIN 15
D!)'YS ()F iTS PASSAGE)
'I cor@! (01' ~lecillre) under penalty
or pr.)ijl:.t'}' that the foregoing is true
an correct."
020813 sm 0032547
APPROVED:
Director of Public Works
33