HomeMy WebLinkAbout2004-03-01 City Council (11)TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
I 3CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:
SUBJECT:
MARCH 1, 2004 CMR: 149:04
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTER 16.09 OF THE PALO ALTO MUNICIPAL
CODE TO REDUCE DISCHARGES OF POLLUTANTS TO THE
SANITARY SEWER AND STORM DRAINAGE SYSTEMS
RECOMMENDATIONS
Staff recommends that Council introduce the attached Ordinance (Attachment A)
anaending Chapter 16.09 of the Palo Alto Municipal Code (Sewer Use Ordinance) to
reduce discharges of pollutants to the sanitary sewer and storm drainage systems.
BACKGROUND
The City of Palo Alto operates the Regional Water Quality Control Plant (RWQCP), a
wastewater treatment plant for the East Palo Alto Sanitary District, Los Altos, Los Altos
Hills, Mountain View, Palo Alto, and Stanford University. Wastewater from these
jurisdictions is treated by the RWQCP prior to discharge to the Bay. Stormwater runoff
in Palo Alto flows directly to the Bay without treatment. Wastewater and stormwater
discharges are both regulated via National Pollutant Discharge Elimination System
(NPDES) permits issued by the San Francisco Bay Regional Water Quality Control
Board. Given the strict permit requirements, Palo Alto is continually exploring methods
of reducing pollutant discharges to San Francisco Bay, including new industrial
pretreatment and pollution prevention requirements.
DISCUSSION
The attached ordinance contains a number of amendments and additions to the current
Sewer Use Ordinance. The table on page 2 lists the proposed changes.
Staff also conducted outreach and solicited comments regarding the proposed ordinance
changes from the Palo Alto Chamber of Commerce’s Environmental Health and Safety
(EHS) Forum, City of Palo Alto departments, the Mid-Peninsula Dental Society (MPDS),
California Dental Association (CDA), and other interest goups.
CMR:149:04 Page 1 of 4
A summary of the proposed ordinance provisions is provided below. The attached
ordinance contains all of the provisions, including additional administrative changes not
included in this discussion.
Pollutant
Addressed
Mercury
pH
Zinc
General
Proposed Ordinance Change
Requires dental offices that use mercury-containing amalgam
to
institute best management practices for amalgam
waste, and
install amalgam separator devices unless they
qualify for an exemption or propose a suitable
alternative.
In addition, the ordinance revision clarifies industrial mercury
discharge limit and the exemption for dental facilities.
Provides new conditions for pH monitoring.
Provides a new zinc discharge limit for vehicle service
facilities
Clarifies requirement for covered carwash area for new,
!arger residential buildings to include multi-family
development projects.
Requirements for Dental Facilities (16.09.112)
Since January 2000, the RWQCP has teamed with the MPDS to educate dentists about
their role in preventing mercury contamination in San Francisco Bay. Since the pro~am
began, the ~oup has developed voluntary best n~anagement practices, prepared training
materials, conducted training seminars, and made on-site consultations.
The RWQCP is regulated under Waste Discharge Requirements Order No. R2-2003-
0078, that was adopted on August 20, 2003 by the California Regional Water Quality
Control Board, San Francisco Bay Region. Provision 4 of that Order requires that the
RWQCP partners achieve further mercury reductions by developing and implementing a
progam for the installation of amalgam separators at dental offices.
The amalgam separator progam and associated ordinance language were developed in
cooperation with the MPDS, CDA, and other stakeholders. Staff coordinated with other
jurisdictions that either have similar requirements in place or are deve!oping similar
measures: San Francisco; East Bay Municipal Utility District (EBMUD); Seattle,
Washin~on; and Minneapolis/St. Paul, Minnesota.
The ordinance requires that dental offices that use mercury-containing amalgam must
institute best management practices and either install amalgam separator devices or
CMR: 149:04 Page 2 of 4
propose a suitable alternative. There are exemptions for dental specialties that conduct a
de minimus level of amalgam work, defined as less than 3 days per year.
A "gandfather clause" is provided for offices that operate air-water separator devices
with large top-draining sedimentation tanks that likely remove a large fraction of the
amalgam particles. This exemption was based on a series of site visits, from ~vhich staff
determined that such sites have likely been removing considerable quantities of amalgam.
pH Monitoring (16.09.110()_)
Two modifications are proposed for the pH monitoring requirement. Both changes are
based on communications with permitted industrial facilities and the Palo Alto Chamber
of Commerce EHS Forum during the development of the 2002 Sewer Use Ordinance
changes. At that time, the stakeholders asked staff to review the pH limit and provisions
for continuous monitoring systems.
Staff reviewed the request and determined that the following changes will provide some
valuable flexibility for industrial permittees while not adversely affecting the RWQCP’s
treatment systems. Based on that analysis, the lower pH limit for sewer discharges is
lowered from 5.5 to 5.0. In addition, for continuously monitored systems, the maximum
len~h of time for individual deviations from allowable range has been increased from 10
minutes to 20 minutes for discharges less than 10,000 gallons per day, and from 5
minutes to 10 minutes for discharges geater than 10,000 gallons per day. In addition, the
total time of such deviations during any seven day period has been increased from 30
minutes to 60 minutes.
Zinc Limit for Vehicle Service Facilities (16.09.113(c))
This provision increases the zinc discharge limit for vehicle service facilities to 4 mg/L.
Previously, such facilities were required to meet the general zinc limit of 2 mg/L set forth
in 16.09.110. Staff recommends the increase because there are vehicle service facilities
that employ all reasonable best management practices that have been unable to
consistently meet the 2 mg/L limit. When the 2 mg/L limit was originally established,
data from vehicle repair facilities employing best management practices was not
available.
Covered Vehicle Washpad Areas (16.09.106(f))
This is a clarification to the 2002 Sewer Use Ordinance revision that required covered
vehicle washpad area for use by residents in new residential buildings with 25 or more
units. The current change ensures that the provision will be applicable to multi-family
development projects with 25 or more units regardless of whether the units are contained
in a single building.
Public Outreach
The most notable proposed ordinance change is that for dental facilities. Staff met with
representatives of CDA and MPDS on October 29, 2003 and January 14, 2004 to discuss
CMR:149:04 Page 3 of 4
the ordinance process and review proposed language. A number of changes have been
incorporated into the proposed ordinance language as a result of the dental community’s
involvement in the ordinance adoption process.
POLICY IMPLICATIONS
The recommended ordinance adoption is consistent with the goals and policies stated in
the Palo Alto Comprehensive Plan. The applicable policies are as follows:
Natural Environment Policy N-21:
Reduce non-point source pollution in urban runoff from
industrial, municipal, and transportation land uses and activities.
residential,commercial,
Natural Environment Policy N-25:
Reduce pollutant levels in City wastewater discharges.
ENVIRONMENTAL ASSESSMENT
The adoption and implementation of this ordinance
Environmental Quality Act under Guideline 15308.
is exempt from the California
ATTACHMENTS
A: Ordinance
PI~.PARED BY:
DEPAP,.TMENT HEAD:
Director of Public Works
CITY MANAGER APPROVAL.:
HARRISON
Assistant City Manager
CMR: 149:04 Page 4 of 4
ATTACHMENT A
ORDINANCE NO.
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
follows:
SECTION i. 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 Municipa! 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, gutters, creeks, or
San Francisco Bay. Unlawful discharges to storm drains shall
include, but not be limited to, discharges from toilets; sinks;
i~dustrial processes; cooling systems; boilers; fabric cleaning;
equipment cleaning; vehicle cleaning; construction activities,
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 !onger contained in a pipe, tank or other
container are considered to be threatened discharges unless they
are actively being cleaned up.
040211 syn 0091403
(c)
storm drains.
Interior floor drains shall not be connected to
(d) Exterior drains located in the following areas
shall not be connected to storm drains:
(!)Equipment or vehicle washing areas;
(2) Areas where equipment fluids are routinely
changed;
(3)Areas where hazardous materials, chemicals or
other uncontained materials that are easily transported by wind
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 i, 2003, new buildings, except for
single-family and duplex residences, shall provide a covered
area for a dumpster. The area shall be designed to prevent
water run on to the area and runoff from the area.
(f) After January i, 2003, new multi-family
residential buildings development projects with 25 or more units
shall provide a covered area for occupants to wash their
vehicles. A drain shall be installed to capture all vehicle
washwaters and shal! be connected to an oi!/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 i00 gallons.
(g) Storm drain inlets shall be clearly marked with
the words "No dumping Flows to Bay," or equivalent.
040211 syn 0091403
2
SECTION 3. Section 16.09.110 of the Palo Alto Municipal
Code is hereby amended to read as fol!ows:
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 limitationi.
(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 requirements of (a) and (b)
above, the following requirements shall apply where they are
more stringent:
Parameter
Average Instantaneous
Concentration Max. Min.
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**
20
200
6000
i0000
150 F
120 F
65
Ii.0
pH of 4.5.
Gravity separation at a temperature of 20~C. and a
**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
040211 syn 0091403
gallons per day nor five 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 thirty 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
transmissibility of distilled water under the following
conditions:
(i
filter;
After filtration through a 0.45 micron membrane
(2 In the pH range of 5.5 to ii.0;
(3 Through a one centimeter light path;
(4)A maximum spectrum band width of i0 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) shal! 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 within fifteen minutes of
making the determination of threatened explosivity. The
discharger shall follow verba! 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 approva!
040211 syn 0091403
4
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 oi!, nonbiodegradable cutting oil, or
products of mineral origin in amounts that cause interference or
pass through, as defined by EPA regulations, shal!be
prohibited.
(g) Hazardous, Noxious or Malodorous Substances.No
industrial waste shall be discharged which a!one 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 (HI~MP) 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 Contro! 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
H94MP 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.i mg/liter.
not be
(h) Organic Solvents. Except as permitted by other
sections ofthis chapter, the sewer shall not be used as a means
of disposal for organic solvents. Wastewater discharged to the
040211 syn 0091403
5
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 spil! 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 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 (TT0) 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:
040211 syn 0091403
(i)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.
(i) Stored Liquid Wastes. Liquid aqueous-based wastes
that have been collected and held in tanks or containers shal!
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)Chemica! toilet wastes;
tanks;
2)Industrial wastes collected in containers or
3)Pleasure boat wastes;
4)Septic tank pumping;
5) Trailer, camper, housecar, or other recreational
vehicle wastes.
(m) Toxicity. The following is a nonexc!usive list of
toxic substances and the maximum concentration allowed for each
discharge:
Toxicant Instantaneous Maximum
Concentration Allowable
Arsenic
Barium
Beryllium
Boron
Cadmium
Chromium, Hexava!ent
Chromium total
Cobalt
Copper
Cyanide
Formaldehyde
0 1 mg/liter
5 0 mg/liter
0 75 mg/liter
i 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
040211 syn 0091403
7
Lead
Manganese
Mercury
Methyl Tertiary Butyl
Ether (MTBE)
Nicke!
Phenols
Selenium
Silver
Zinc
0.5 mg/iiter
i.0 mg/liter
0.0~ mg/!iter
0 75 mg/!iter
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 location, the maximum
concentration will be one-half the values listed in the table,
with the exception of silver~ ~nickel, and mercury, for which
the limits shall remain 0.25 mg/liter~ ~0.5 mg/liter, and
0.01 mq/liter, respectively, regardless of flow.
The maximum concentration allowable for mercury set
forth in this section shall not be applicable to dental
facilities usinq mercury-containinq amalqam. Dental facility
recruirements are set forth in Section 16.09.112.
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 categorica! limitations on
process wastewaters, 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 fol!ows:
040211 syn 0091403
16.09.112 Requirements for dental facilities
=ilvcr ~--~ ........ ~ .....that remove or place amalgam fillin~s.
the sanitary ...........~’~~ ~ ....I~7 7 1-,~ ~7 ....~7 ~
that prevcnts an~ .... ~ .... ~ ..... ~ from. ~’~ ~ .... ~ ~ ....
systcm
(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 amal~am
trapping devices; used amalgam capsules; and leaking or unusable
amalgam capsules.
(3) "ISO 11143" is the International Organization for
Standardization’s standard for amalgam separators.
(b) All owners and operators of dental facilities
that remove or place amalgam fillings shall comply with the
following waste management practices:
(!) No person shall rinse chairside traps, vacuum
screens, or amalgam separator equipment in a sink or other
connection to the sanitary sewer.
(2)Owners and operators of dental facilities shall
ensure that all staff members who handle amalgam waste are
trained in the Droner 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 be stored and managed in
accordance with the instructions of the recyc!er or hauler of
such materials.
040211 syn 0091403
(4)Bleach and other chlorine-containing
disinfectants shal! not be used to disinfect a vacuum line
~ystem.
(5) The use of bulk mercury is prohibited.
precapsulated dental amalgam is permitted.
Only
(c) All owners and operators of dental vacuum suction
Zystems,except as set forth in subsections (d) and (e) of this
section,shall comply with the following:
(i) An ISO 11143 certified amalgam separator device
shal! be installed for each dental vacuum suction system on or
before March 31, 2005; provided, however, that all dental
facilities that are newly constructed on and after the effective
date of this ordinance shall include an installed IS0 11143
certified amalgam separator device. The installed device must be
IS0 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 ama!qam 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 technoloQzz are
ISO-certified. Alternative materials and methods may be proposed
to the superintendent for approval, pursuant to 16.09.165.
(2) Proof of certification and installation records
shall be submitted to the superintendent within 30 days of
installation.
(3) Amalgam separators shall be maintained in
accordance with manufacturer recommendations. Installation,
certification, and maintenance records shal! 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 conditions may apply to the superintendent
for an exemption to the requirements of subsection (c) of this
section:
(i) The system was
October 1,2003.
installed at the site before
040211 syn 0091403
10
(2) The system
air-water separator.
is a dry vacuum pump system with an
(3) The sedimentation tank is non-bottom draininq,
with the drain above the anticipated maximum level of
accumulated sludqe.
(4) Evidence of reqular pump outs (a minimum of once
a year, or more often if either directed by the manufacturer or
necessary to keep solids from exitinq throuqh the drain) is
maintained and open to inspection by the superintendent durinq
normal business hours.
(5) The system has no direct discharqe pipe to the
sewer on the bottom of the sedimentation tank.
An owner or operator whose facility meets conditions (i)
throuqh (5) may apply for this exemption by written letter to
the superintendent. The superintendent or desiqnee 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 facility shall comply with
subsection (c) of this section before commencinq further
operation.
(e) The followinq types of dental practice are exempt
from this section 16.09.112, provided that removal or placement
of amalqam fillinqs occurs at the facility no more than 3 days
~er year:
(1)Orthodontics.
(2) Periodontics.
(3)Oral and maxillofacial surqery.
(4)Radiolocrf.
(5)Oral patholocFv or oral medicine.
(6)Endodontistry and prosthodontistry.
040211 syn 0091403
11
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.
(i)"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"
gravel, or other unpaved surfaces.
means and includes dirt,
(4)"Vehicle" means a mode of transporting people or
things. Vehicles include, but are not limited to, automobiles,
trucks, recreational vehicles, tractors, airplanes and boats.
(5)"Vehicle fluid" means a liquid used in or drained
from a motor vehicle. Vehicle fluids :include, but are not
limited to, gasoline, diesel fuel, motor oil, brake fluid,
radiator fluid, hydraulic fluid, transmission fluid, and
coolant.
(6)"Vehicle service facility" means a commercial or
industrial facility that conducts one or more of the following
operations with respect to vehicles or components of vehicles:
vehicle repair, fuel dispensing, vehicle fluid replacement,
engine and parts cleaning, body repair, vehicle salvage and
wrecking, or vehicle washing.
(b) All vehicle service facilities shall be operated,
on and after October !, 1992, in accordance with the following
standards:
(i) 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.
040211 syn 0091403
12
(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 shal! be connected to the storm drain
system, or to the sanitary sewer system except pursuant to an
industrial waste discharge permit obtained in accordance with
this chapter.
(6) No person shall perform vehicle fluid removal
outside a building, nor on asphalt or ground surfaces, whether
inside or outside a building, except in such a manner as to
ensure that any spilled fluid will be in an area of secondary
containment.
(7) Leaking vehicle
drained immediately.
fluids shall be contained or
(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.
(i0) 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.
0~0211 syn 0091,~03
13
This exception does not apply to commercial vehicle washing
facilities or fleet washing.
(II) 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 [hat use the
fol!owing three-step sequence for cleaning f!oors:
(A)
materials.
Clean up spills with rags or other absorbent
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
except within secondary containment.
shall be stored
(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
accumulate wet sanding wastewater and mop water from wet sanding
040211 syn 0091403
14
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 discharqe concentration of
zinc for vehicle service facilities shall be 4.0 mq/!iter.
SECTION 6. Section 16.09.116 of the Palo Alto Municipal
Code is hereby amended to read as follows:
waste.
16.09.116 Additional copper limitations for industrial
(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.
(i)Vehicle service facilities;
(2)Photoprocessing facilities;
(3)Machine shops; and
(4)Metal fabrication facilities.
(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 (i) 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 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 insta!led and
implemented; or
040211 syn 0091403
15
(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 shal! 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
multiplying the flow-weighted average copper concentration for
all samples taken during any twelve month period by the total
flow for that twelve month period. The average annua! 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 -
Apri!, 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 s; ~ ........i, onn3, the mercur} .......
of ind ial .....~ ~ ~ .....to the sewerustr ......
disoharge~i g
SECTION 7. The Council finds that this ordinance is
categorically exempt from the California Environmental Quality
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.
SECTION 8. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
040211 syn 00914-03
16
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
City Attorney City Manager
Director of Public Works
Director of Administrative
Services
040211 syn 0091403
17