HomeMy WebLinkAbout2002-07-22 City Council (12)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:
SUBJECT:
JULY 22, 2002 CMR:322:02
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 adopt the attached Ordinance (Attachment A) amending
Chapter 16.09 of the Palo Alto Municipal Code (Sewer Use Ordinance).
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 following table lists some of the proposed changes.
Pollutant
Addressed
Copper
Mercury
P~oposed Ordinance Change
Architectural copper prohibition; requirement for collection and
sampling of wastewater from cleaning of heat exchangers and
boilers
Lower discharge limit for mercury
CMR:322:02 Page 1 of 6
Zinc
Sanitary Sewer Overflows
General
Prohibition on sewer discharge of zinc-c~~taining floor waxes;
requirement for solids removal treatment for vehicle service
facility wet sanding wastewater
Prohibition on garbage grinders in food service facilities;
Requirement for grease removal devices for drains beneath food
service facility dumpsters
Facility closure provisions addressing contaminated sediments;
prohibition on once-through cooling water discharge; requirement
for covered dumpster areas for new buildings; requirement for
covered carwash area for new, larger residential buildings
One continuing issue of concern to the EHS Forum group, which represents many of the
permitted dischargers in the RWQCP’s service area, is the identification of research
laboratories as industrial dischargers under existing Sewer Use Ordinance provisions. No
mechanism currently exists in the Ordinance to differentiate between traditional industrial
dischargers and dischargers of wastewater from research laboratories. The EHS Forum
has proposed that this distinction be recognized by including a definition of"laboratory"
in the Ordinance in the future. The EHS Forum’s proposed definition would define a
laboratory in terms of the relative quantity of hazardous materials used and the purpose of
the procedures taking place. Staff plans to resume discussions on this topic with the EHS
Forum. A definition of "laboratory" could be included in future Ordinance revisions if
differing regulatory requirements can be identified to distinguish between laboratory and
industrial facilities without compromising the intent of the Ordinance.
Some of the key proposed ordinance provisions are discussed below:
Closure Requirements (16.09.061 (d))
The proposed ordinance provision is intended to address broken sewer lines and
contaminated sediments in sewer lines at industrial facilities during the closure process.
The provision would allow the RWQCP to require testing of sewer lines to ensure their
integrity in cases where the facility had a history of pH violations or other discharges that
could affect sewer lines. Ensuring the integrity of sewer lines isprimarily a protection
for the future property owner. Where broken sewer lines are identified, facilities would
be required to repair or replace them. Testing to determine the quantity and pollutant
content of sediments could be required based upon the type of operation at a facility and
the historical pollutant discharges from the facility. In general, the focus would be on
pollutants which are bioaccumulative, which are not removed by the RWQCP’s treatment
process, and which may interfere with the RWQCP’s treatment processes. Where
contaminated sediments are identified, facilities would be required to remove them in an
approved manner. It is anticipated that sediment removal will take place using typical
sewer cleaning practices for laterals. The RWQCP does not intend to require
confirmation sampling after sediment removal has taken place. In circumstances where
building configurations make testing and/or sediment removal impractical, the RWQCP
CMR:322:02 Page 2 of 6
may invoke PANIC Section 16.09.165, which allows alternatives to the provisions of the
Sewer Use Ordinance.
Food Waste Disposers (16.09.103 (e) and (13)
The proposed prohibition on food waste disposers is intended primarily to decrease
discharges of oil and grease to the sanitary sewer system, thereby preventing sanitary
sewer blockages and overflows. A second benefit would be a decrease in solids loading
to the RWQCP, and a corresponding decrease in sludge incineration volume. In addition,
Palo Alto is currently working to complete a contract with a local company that composts
solid waste from food service facilities. Composting of food waste is a more sustainable
practice than sewer discharge. The ordinance provision would prohibit installation of
food waste disposers in food service facilities effective January 1, 2003. Food service
facilities with existing food waste disposers wouldbe required to cease using the
disposers by January 1, 2007. The 2007 implementation date for this provision for
existing food service facilities recognizes the logistical difficulties that may be involved
for some facilities. Although staff sent a notification of the proposed ordinance change
and a request for comments to all Palo Alto restaurants, very few responses were
received. Staff intends to work closely with food service facilities after passage of the
ordinance to address any problems they may have. Modifications to this provision may
be necessary in the future.
Zinc-Containing Floor Finishes (16.09.104)
The proposed ordinance provision addressing zinc-containing floor finishes would reduce
zinc loading to the sanitary sewer system from floor maintenance activities. Zinc is a
pollutant of concern due to its identification as a source of toxicity in the RWQCP’s
treated effluent to the Bay. Many floor finishes contain high concentrations of zinc, but
zinc-free floor finishes are available. The provision would prohibit the discharge of any
zinc-containing floor finish or stripper solutions that have been used to remove zinc-
containing floor finish to the sanitary sewer after January 1, 2003. Zinc-containing floor
finishes would be defined as floor finishes containing greater than 0.01 percent zinc by
weight (equivalent to 100 milligrams per liter). An exemption would be provided for
facilities that choose to treat their zinc-containing solutions in a wastewater treatment unit
approved by the RWQCP.
Covered Dumpster Areas (16.09.106(e))
The requirement for covered dumpster areas is intended to reduce discharges of
pollutants to the storm drain system from dumpster areas during rainfall events. The
ordinance provision would apply to all new buildings except single-family and duplex
residences, and would be effective after January 1, 2003. Covered dumpster areas would
be required to be designed to prevent water run-on to or runoff from the dumpster area.
Covered Vehicle Washpad Areas (16.09.106(13)
The proposed vehicle washpad requirement would reduce discharges of pollutants from
vehicle washing to the storm drain system. The ordinance provision would apply to new
CMR:322:02 Page 3 of 6
residential buildings with 25 or more units, and would be effective after January 1, 2003.
Each building subject to the provision would be required to provide a covered vehicle
washpad area for use by residents. The area would be designed to prevent water run-on
and runoff. The drain for the area would be connected to an oil/water separator with a
minimum 100-gallon capacity, and to the sanitary sewer. The oil/water separator would
be required to be maintained at a minimum semiannual frequency.
Boiler and Heat Exchanger Maintenance Wastewater (16.09.115(d))
This provision is intended to prevent the discharge of wastewater to the sanitary sewer
from maintenance of boilers, heat exchangers, and associated piping, when the
wastewater has ahigh concentration of copper. The proposed provision is an amendment
to PAMC 16.09.115(d), which currently addresses wastewater from cooling system
maintenance. Wastewater from cleaning of boilers, heat exchangers, and associated
piping where physical or chemical scouring is utilized would be required to be collected
and tested for copper. The RWQCP could also require testing for other pollutants that
could be present. The wastewater would have to meet the copper discharge limit
specified in the PAMC in order to be discharged to the sanitary sewer.
Mercury Discharge Limit (16.09.116(d))
The proposed ordinance section would lower the mercury concentration limit for
industrial waste discharges from 0.05 milligrams per liter (mg/L) to 0.01 mg/L. The
RWQCP reevaluated its mercury limit in response to San Francisco Bay’s listing under
the Clean Water Act as impaired by mercury. The change in the mercury limit is based
upon the attached memorandum (Attachment D), which describes the process utilized to
derive the new limit. The new limit would apply to all industrial waste discharges to the
sanitary sewer except for dental facilities using mercury-containing amalgam, and would
become effective on January 1, 2003. The Sunnyvale and San Jose treatment plants,
which together with Palo Alto comprise the three lower South San Francisco .Bay
dischargers, already have mercury limits of 0.01 mgiL.
Storm Drain Discharge Cost Recovery (16.09.117(c))
The proposed provision would allow recovery of costs associated with authorizing and
inspection of discharge of water from construction sites to the storm drain system. Fees
would be as set forth in the City’s Municipal Fee Schedule.
Architectural Copper Prohibition (16.09.160(b))
The proposed architectural copper prohibition is intended to reduce discharges of copper
to Palo Alto’s storm drainage system. A summary of a study conducted by the RWQCP
to quantify copper discharges to the storm drain system in the RWQCP service area is
included in the attached Staff Report to the Planning Commission (Attachment E). The
ordinance provision would prohibit the installation of copper metal roofing, copper
gutters, and copper granule-containing asphalt shingles on new and existing buildings
after January 1, 2003. Copper. flashing for use under tiles and slates and small copper
ornaments would be exempted. Replacement roofs and gutters on designated historic
CMR:322:02 Page 4 of 6
buildings would also be exempted, but would be required to be pre-patinated to reduce
copper loading in storm water runoff. Both the Planning Commission and the
Architectural Review Board have indicated their support for adoption of these provisions.
Staff has conducted outreach and solicited comments regarding the proposed ordinance
changes frompermitted industrial facilities in the service area, City of Palo Alto
departments, the Palo Alto Chamber of Commerce, and other interest groups. Written
comments were received from several permitted facilities and from the Palo Alto
Chamber of Commerce’s EHS Forum group. Staff’s summary of and responses to these
comments are attached (Attachment C). A public meeting was held to review the
proposed Changes with the RWQCP’s permitted facilities in November 2001. In
addition, staff attended two meetings of the EHS Forum group, and held a meeting with
Stanford University representatives, to further address comments received by these
entities. A number of changes have been incorporated into the proposed ordinance
language as a result of public 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 residential,
industrial, municipal, and transportation land uses and activities.
commercial,
Natural Environment Program N-3 3:
Study the impacts on storm water pollution of architectural copper and consider limiting
its use, if warranted.
Natural Environment Policy N-25:
Reduce pollutant levels in City wastewater discharges.
ENVIRONMENTAL ASSESSMENT
The adoption and implementation of this ordinance is
Environmental Quality Act under Guideline 15308.
exempt from the California
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Ordinance
Ordinance Summary
Public Comment Responses
Mercury Limit Development Memorandum
Architectural Copper Staff Report
CMR:322:02 Page 5 of 6
PREPARED BY:
DEPARTMENT HEAD:
BRAD EGGLESTON
Associate Engineer
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
CMR:322:02 Page 6 of 6
ATTACHMENT A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING SECTIONS
16 09 032,16.09.033,
16
16
16
16 09
16 09
09 090,
09 104,
09 113,
16.09.010,16.09.031,
16.09.060,16.09.061,
16.09.095,16.09.101,16.09.103,
16.09.105,~16.09.106,16.09.110,
16.09.115,16.09.116,16.09.117,
143, 16.09.144, 16o09.145, 16.09.155, AND
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 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 16.09.010 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" 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.
020717 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 blowdown", means water routinely
discharged from a cooling water system to maintain efficient
operation of the system.
"Cooling water" means water which is used to cool fluids
or equipment in commercial or industrial processes or air
conditioning systems.
"Cooling water system" means the pipes, heat exchangers
and other appurtenances used to convey cooling water in cooling
towers, direct contact cooling systems and similar fixed cooling
systems. Multiple units of a cooling water system serving a
building or piece of equipment are considered as one system if
the cooling water distribution system units are physically
connected.
"Contaminated 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 navigablewaters.
"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).
020717 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 mean include any facility that
prepares food for off-site cooking and consumption, or any
facility that does not use, --e~ generate or dispo@e 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 ii.
"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.
020717 sm 0032547
"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" means that area of a facility intended
for the loading and un!oading of trucks, plus an additional
radius of ten feet.
"Machine shop" means a fixed facility which cuts,
grinds, polishes, deburs, or machines metal parts but does not
conduct metal finishing as that term is defined by the EPA in 40
CFR part 433.
"Metal fabrication facility" means a fixed facility that
forms, welds and assembles metal pieces, but does not conduct
metal finishing as that term is defined by the 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
carbon in its molecular structure.
solvent which contains
".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’s NPDES permit (including an increase
in the magnitude or duration of a violation).
"Person" means any individual,
association, corporation, or public agency.
partnership,firm,
"Plant"
Control Plant.
means the Palo Alto Regional Water Quality
"Point of discharge" means the point or points
designated as such in the permit. Where no designation is made
020717 sm 0032547
it shall mean the point where the private sewer joins a public
sewer.
"Pretreatment system" means a treatment system at an
industrial or commercial facility that is designed to treat
water prior to entering the city’s sewer system.
"Sampling location’, means an access box, valve, spigot
or similar structure from which samples representative of an
industrial Wastewater discharge from a partidular 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 pit" means a device comprised of one or more
pits extending into porous strata, lined with open-jointed
masonry or similar walls, capped and provided with a means of
access such as a manhole cover and into which wastewater
disposal system effluent is discharged.
"Sewage treatment plant" means any arrangement
devices and structures used for treating sanitary sewage.
of
"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 noncompllance 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 anz
of the specific prohibitions listed in 40 CFR 403.5(b) or
Section 16.09.100 of this code.
020717 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 ~^--~ .... qui3ch~leeRe rements
facilities affected by categorical pretreatment standards.
for
In the event that an industrial waste discharge permit
holder or applicant should 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
at and maintenance procedures~ or installation of facilities,
equipment or improvements_~ will be required to mcct the
,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 orfacilities, equipment or improvements to attain compliance.Forpurposes of pretreatment regulations, the completion dateinthis 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:
16.09.032 Ne~"3ourccsRequirements for newly
constructed, remodeled or converted commercial and industrial
facilities.
020717 sm 0032547 6
(a) Now soureesDischarqers of industrial waste
discharges 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 m~--~ .......;¯~ ~ ....~ ......Dlscharqers 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 upon commcnccmcnt of discharge. These
requirements shall apply to remodeled or converted facilities to
the extent that t.he portion of the facility being remodeled or
converted is related to the subject of the requirement:
(I)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 all such materials and equipment. The
superintendent may allow an exce]tion to this requirement under
the following circumstances:
(A) When the drain is connectedtreatment unit approved by the superintendent;to a wastewater
(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
either 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 laboratory;
(C)For industrial process equipment) If the
equipment does not contain hazardous waste and if all floor
drains are equipped with fail-safe 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
is provided. Any loading dock area with a sanitary sewer drain
shall be equipped with a fail-safe valve, which shall be kept
closed during periods of operation.
020717 sm 0032547 7
(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:
(A)Equipment or vehicle washing areas;
(B) Areas where chemicals, hazardous materials, or
other uncontained materials are stored unless secondary
containment is provided;
(C) Equipment
changing areas;
or vehicle fueling areas or fluid
(D) Loading docks where chemicals,
materials, grease, oil, or waste products are handled.hazardous
(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)Boiler drain lines shall be connected to the
sewer system and may not be discharged to the storm drain
system.
(8) Condensate lines shall not
allowed to drain to the storm drain system.
be connected or
(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.
(i0) Secondary containment shall be provided for
exterior work areas where motor oil, brake fluid, gasoline,
diesel fuel, radiator fluid or other hazardous materials or
hazardous wastes are used or stored. Drains shall not be
installed within the secondary containment areas. The
superintendent may allow a drain for work areas (but not for
hazardous storage areas) if the secondary containment area is
020717 sm 0032547 8
covered and if the drain is connected to a wastewater treatment
facility approved by the superintendent.
(ii) 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 sanitary
sewer. The sink or cleaning area shall be large enough to clean
the largest mat or piece of equipment to be cleaned. After
January i, 1996, new buildings constructed to house food service
facilities shall include a covered, l~area for a dumpster.
The area shall be desiqned to prevent water runon to the area
and runoff from the area. Drains that are installed beneath
dumpsters servinq food service facilities, shall be connected to
a grease removal device.
(17) If installed, pgarking garage floor drains on
interior levels shall be connected to an ~ oil/water
020717 sm 0032547 9
separator prior to discharging en~4--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 I00 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 aconsistent basis;
(c) Periodic reports of continued compliance [PRCC]~
.......... w ................~ ..........shal!be rcqulrcd to
submitted semiannually. These reports shall indicate whether
applicab£e 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 monitorinq 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
locations or metering devices or volume and flow measuring
020717 sm 0032547 1 0
methodologies or other sampling and measuring points approved by
the superintendent which will allow the separate measuring and
sampling of industrial and domestic wastes. The superintendent
may approve sampling pcint~ locations and measuring devices or
methodologies which will permit the combined samplingandmeasuring of industrial and~ domestic wastes only forestablishments discharging prior to the effective date oftheordinance 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 points 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:
16o09.061 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., d ..... ~ hours of~ ~ ~ity ~r hours ~’.... ~ ....lOn,7--any premisesof any discharger to carry out inspections, surveillance and
monitoring in ~hich an ~~~~~ waste course or t~ ....ant
.................... records arc rcqu~ed to be ~
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 addition to any other remedy available to the
city, city inspectors may issue compliance directives at the
time of the inspection to require the discharger to implement
actions which 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.
020717 sm 0032547 1 1
(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
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 testinq 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 testinq may
include, but not be limited to, pressurized testing, smoke
testinq, video camera inspection, and/or analytical testing of
sediments for pollutants requlated by the facility’s discharge
permit. Where contaminated sediments or compromised sewer lines
are identified, responses may include, but not be limited to,
requirinq 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 bein~
vacated by the current operator, or when the uses of an entire
buildinq 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 effects
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-monitoringo
(a) As a condition of discharge, the superintendent
may require the discharger to conduct a sampling and analysis
program of discharger’s industria! waste of a frequency and type
020717 sm 0032547 1 2
required by the superintendent to demonstrate compliance with
the requirements of this chapter. The discharge permit shall
specify the minimum frequency and type of samples, flow
monitoring, measuring, and analyses to be conducted by the
discharger. The permit may also specify the type of sampling
equipment and flow monitoring equipment which that must be
installed and used. Flow monitoring equipment installed at a
permitted discharger’s sampling locations shall be calibrated
at a frequency of at least once per year or at the frequency
recommended by the manufacturer, pH monitoring equipment
installed at a permitted discharger’s sampling locations shall
be calibrated at a frequency of at least once every six (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 thedischarger. Additional monitoring may be required by thesuperintendent for violation follow-up, assisting thecity inevaluating effects of the discharge, or as part of a compliance
directive Or notice of violation.
Information to be included in reports of self-
monitoring, 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.Inaddition, the superintendent may require investigationsorstudies to determine methods of reducing toxic constituentsinthe 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
020717 sm 0032547 1 3
standards or of any of its NPDES permits or contribute~ to an
upset of plant processes.
SECTION I0. Section 16.09.101 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.09.101 -~~oot control chemicals.
No person shall discharge, dispose of or add to the
sanitary sewer system ~ to ~ -~-~ ~ .....~b.................... ~ ......any su stance
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 ii. 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 dcfincd set
forth in Section ~209 of the ~ ......... ~- ~~ ~
of thc1997 Uniform Plumbing Code or the equivalent section of a
subsequently adopted edition of the California Plumbinq 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
020717 sm 0032547 14
sized in ~conformance with Chapter :~--I0 of the thcn currcntly
of ~o--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 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 i, 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 I, 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 Zinc-containing floor finishes.
After January i, 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
020717 sm 0032547 1 5
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
applicable charges and fees and shall meet such other conditions
as required by the superintendent.
(b) After January i, 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, that the superintendent may
approve an exception in the following instances: (I) 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 i, 2006, non-emergency dischargec
of any amount from once-through cooling systems using potable
water as a coolant shall not be discharged to the sanitary
system; provided, that the superintendent may approve an
exception in the following instances: (I) 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
Municipal Code is hereby amended to read as follows:Palo Alto
16.09.106 Storm drains
.discharges.~Prohibited
(a)It shall be unlawful to discharge any domestic
waste or industrial waste into storm drains, gutters, creeks, or
San Francisco Bay. Unlawful discharges to storm drains shall
include, but not be limited to, discharges from toilets; sinks;
industrial processes; cooling systems; boilers; fabric cleaning;
equipment cleaning; vehicle cleaning; construction 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
020717 sm 0032547 1 6
discharge into storm drains, gutters, creeks or San Francisco
Bay. A "threatened discharge’, is a condition creating a
substantial probability of harm, when the probability and
potential extent of harm make it reasonably necessary to take
immediate action to prevent, reduce or mitigate damages to
persons, property or natural resources. Domestic or industrial
wastes that are no longer contained in a pipe, tank or other
container are considered to be threatened discharges unless they
are actively being cleaned up.
(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:
changed;
(i)
(2)
Equipment or vehicle washing areas;
Areas where equipment fluids are routinely
(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 runon to the area and runoff from the area.
(f) After January I, 2003, new residential buiIdings
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
020717 sm 0032547 1 7
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.
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 ~~ .....or pointsdesignated sampling location
determined by the superintendent to be consistent with the
dilution prohibition contained in Section 16.09.121:
(a) The categorical standards
rc~ulationsset 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 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
2OO
6000
i0000
150 F
120 F
65
Ii.0 5.5
020717 sm 0032547 18
*Gravity separation at a temperature of 20°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
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:
filter;
(i)
(2)
(3)
(4)
(5)
After filtration through a 0.45 micron membrane
In the pH range of 5.5 to ii.0;
Through a one centimeter light path;
A maximum spectrum band width of i0 nanometers;
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
uslng a properly calibrated meter designed for the purpose. The
frequency of such monitoring shal! be defined in the permit.
Whenever ten percent of the lower explosive level is exceeded,
the discharger shall immediately notify the superintendent of
the potential hazard in the sewer within fifteen minutes of
making the determination of threatened explosivity. The
discharger shall follow verbal notification with a written
explanation of the cause of the explosive hazard within five
working days, with corrective actions taken to alleviate the
situation and measures taken to prevent a reoccurrence. The
020717 sm 0032547 1 9
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
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 oi!, or
products of mineral origin in amounts that cause interference or
pass through, as defined by EPA regulations, shall be
prohibited.
(g) Hazardous, Noxious or Malodorous Substances.No
industrial waste shall be discharged which alone or in
combination with other wastes may create a public nuisanceT--or
hazard, make human entry into the sewers unsafe, or which
constitutes a discharge of hazardous waste. ~ ~~~~ by Title
............. ; Title so Part I¯~
Permitted dischargers shall be required to certify at
least every six months in their ~ ~7 .... ~ ....
rcport,Periodic Report of Continued Compliance (PRCC) that their
waste does not constitute a hazardous waste, as dcfincd by EPA
s, and that during the previous six months no
discharge of hazardous substances or waste has occurred.
Dischargers shall be required (as a condition to permission to
discharge) to file with the Pals 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.I mg/liter.
not be
020717 sm 0032547 2 0
(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 e~the sanitary sewer and accidentalspill 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 (TTO) shall bc
............ m ..........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:
020717 sm 0032547 2 1
(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 shall
not be discharged into the sewer system except at locations
authorized by the superintendent to collect such wastes. Wastes
of this category include but are not limited to:
(I)Chemical 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 nonexclusive list of
toxic substances and the maximum concentration allowed for each
discharge:
Toxicant Instantaneous Maximum
Concentration Allowable
Arsenic
Barium
Beryllium
Boron
Cadmium
Chromium, Hexavalent
Chromium total
Cobalt
Copper
Cyanide
Formaldehyde
Lead
Manganese
Mercury
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
__I 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
020717 sm 0032547 2 2
Methyl Tertiary Butyl
Ether (MTBE)
Nickel
Phenols
Selenium
Silver
Zinc
0 75 mg/liter
~0 5 mg/liter
1 0 mg/liter
1 0 mg/liter
0 25 mg/liter
2 0 mg/liter
For discharges greater than fifty thousand gallons per
day through any sinqle sampling location, the maximum
concentration will be one-half the values listed in the table,
with the exception of silver and nickel, for which the limits
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.
(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.
020717 sm 0032547 2 3
(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 I, 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.
(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.
020717 sm 0032547 2 4
(5) No tanks, containers or sinks used forpartscleaning or rinsing shall be connected to the stormdrainsystem, or to the sanitary sewer system except pursuantto anindustrial 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 qround, 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,
purposcsto 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 facilitics.
(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 that use the
following three-step sequence for cleaning floors:
(A)
materials.
Clean up spills with rags or other absorbent
(B)Sweep floor using dry absorbent material.
(C) Mop floor. Mop water must be. discharged to the
sanitary sewer via a toilet or. sink.
020717 sm 0032547 2 5
(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 sandinq. 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 settlinq
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
Municipal Code is hereby amended to read as follows:
Palo Alto
16.09.115
and fountains.
Requirements for cooling systems, pools, spas
(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:
(I)Copper in excess of 2.0 mg/liter;
020717 sm 0032547 2 6
(2)Any tributyl
mg/liter; or
tin compound in excess of 0.i
(3)Chromium in excess of 2.0 mg/liter.
The above concentration limitations shall apply to any
of the above-listed substances prior to dilution with the
cooling system, pool, spa or fountain water.
(c)Cooling System Discharges.
(I) As of July I, 1998, cooling system discharges
exceeding a daily average flow of two thousand gallons ~ .... ~
shall not exceed a maximum copper concentration in excess of
0.25 mg/l. 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.
I
I
(2) Notwithstanding the effective date of the limits
set forth in subsection (c) (i), cooling system discharge
operations commencing on or after July i, 1997 shall not be
required to comply with those limits until one year after the
date of such commencement.
(d) Cooling System Cleaning. Wastewater from cleanin~
of cooling systems, boilers, heat exchangers and associated
piping cleaning where a chemical cleaner or physical scouring is
used in the cleaning process shal! 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:
020717 sm 0032547 2 7
~(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 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
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 Alt0-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
020717 sm 0032547 2 8
than those covered by subsections (a) or (b) shall not exceed
0.25 mg/l.
(d) As of January I, 2003, the mercury concentration
of industrial waste discharges to the sewer other than
discharqes from dental facilities using mercury-containinq
amalgam shall not exceed 0.01 mg/l.
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 sites for all
projects where the proposed construction site is equal to or
greater than fivc on___9__e acres of disturbed soil and for any other
projects for which the city engineer determines that a plan is
necessary to protect surface waters. Preparation of the plan
shall be in accordance with guidelines published by the city
engineer.
(b) A storm water pollution prevention plan shall be
prepared and available at the construction sites for all
projects equa! to or greater than fivc one acres of disturbed
soil and for any other projects for which the city engineer
determines that a storm water management pian 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
sites 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 authorizinq such discharqe, 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.
020717 sm 0032547 2 9
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.
............... arc not abated
~ fication of ~ ~ ....., ....~
i£. 09. 040.
will apply only to ~ spcczfzc
arcas of a facility~;rom which the s~ ....... ~-~nd~ dctcrmincs
.......... O way
~ orl na ng.
020717 sm 0032547 3 0
Any person who violates any provision of this chapter or
any provision of any permit issued pursuant to this chapter
shall be subject to the administrative citation provisionm
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 the wiolations are not abated in the time period
identified further action may be taken by the superintendent,
including,but not limited to, suspension, revocation or
modification of the discharger’s permit pursuant to Section
16.09.040.
020717 sm 0032547 3 1
(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:
(i) The requirement will ~ apply to facilities that
have produced multiple violations for the same parameter at the
same sampling point, when the superintendent determines that
appropriate corrective measures have proved difficult to
identify or implement.
(2) The requirement will apply only to those specific
areas of a facility from which the superintendent determines
that the discharge may be originating, rather than to the entire
flow from the facility, unless there is no reasonable way to
determine where the discharge may be originating.
(3) The requirement will not be applied 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
020717 sm 0032547 3 2
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; 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
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 waste; 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, copper metal roofing, copper granule containing asphalt
shingles and copper gutters shall not be permitted for use on
any residential, commercial or industrial building for which a
building permit is required. Copper flashing for use under
tiles or slates and small copper ornaments are exempt from this
prohibition. Replacement roofing and gutters on historic
structures are exempt, provided that the roofing material used
shall be prepatinated at the factory. For the purposes of this
exemption, the definition of "historic" shall be limited to
structures designated as Category 1 or Category 2 buildings in
020717 sm 0032547 3 3
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 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 27. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Director of Public Works
020717 sm 0032547 3 4
ATTACHMENT B
Sewer Use Ordinance (PAMC Section 16.09) Revisions
The following is a summary of proposed revisions to Palo Alto’s Sewer Use Ordinance.
Each revision is preceded by a brief description. The summary has been updated in
response to comments and public input. Please contact Brad Eggleston at (650)329-2104
with any questions.
1. The following definitions are added to Section 16.09.010:
"Annual average concentration" means the average concentration of a substance
measured over any twelve (12) month period of time.
"Cooling system blowdown" means water routinely discharged from a cooling water
system to maintain efficient operation of the system.
"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.
"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.
"Industrial user" means any person that discharges, causes, or permits the discharge
of industrial waste into a city sewer or storm drain.
"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" means that area of a facility intended for the loading and unloading
of trucks,plus an additional radius of ten feet.
"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.
"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
1 of 9
o
Plant’s NPDES permit (including an increase in the magnitude or duration of a
violation).
"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.
"Significant noncompliance" means violation by an industrial discharger of one or
more criteria set forth in 40 CFR 403.8(f)(viii).
"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.
"Wet sanding" means the use of water and sandpaper for the removal of paint.
Section 16.09.032(b)(5) is changed to required that fueling areas be graded to prevent
water runon to the required covered area:
(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.
Section 16.09.032(b)(16) is changed to require that new or remodeled food service
facilities connect any drains in their covered-dumpster areas to a grease removal
device:
(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
sanitary sewer. The sink or cleaning area shall be large enough to clean the largest
mat or piece of equipment to be cleaned. After 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.
Section 16.09.032(b)(17) is changed to clarify the requirement that interior parking
garage level drains be connected to interceptors:
(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 16.09.033(d) is added to require that permit holders retain monitoring records
for a minimum of three years:
2 of 9
o
o
(d) Permitted dischargers shall keep records of monitoring activities and results for
all monitoring required by the superintendent for a minimum of three years.
°
Section 16.09.061(b) is changed to allow POTW staff to enter the premises of any
discharger, regardless of the facility’s hours of operation, to carry out inspections,
surveillance, and monitoring:
(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.
Section 16.09.061(d) is added to require that certain dischargers inspect and/or test
their facility’s sewer lines prior to final closure of the facility:
(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 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. Facilities may elect to remove
sediments from sewer lines in lieu of analytical testing. 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 16.09.090 is changed to prohibit the discharge of slugs (defined in the
definitions section):
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 effects of
prohibited materials or wastes which may be accidentally discharged in violation of
this chapter.
3 of 9
Section 16.09.095 is changed to require that flow meters and pH meters installed at
permitted sampling locations be calibrated at a minimum frequency of annually and
semiannually, respectively, ~and to state that discharge permits may require specific
analytical methods and detection limits:
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 permit 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 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-monitoring, 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.
10.Section 16.09.101 is changed to state that no substance may be added to the storm
drain system for the purpose of root control:
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.
11.Section 16.09.103(e) is added to prohibit the installation of food waste disposers at
food service facilities after January 1, 2003:
(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.
4 of 9
12.Section 16.09.103(f) is added to prohibit the use of food waste disposers at food
service facilities after January 1, 2007:
(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.
13.Section 16.09.104 is added to prohibit discharge to the sanitary sewer of zinc-
containing floor wax or floor wax stripper that has been used to remove zinc-
containing floor wax:
16.09.104 Zinc-containing 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 such 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.
14.Sections 16.09.105(b) and (c) are added to prohibit the non-emergency discharge of
potable water from certain once-through cooling systems to the sanitary sewer:
16.09.105 Unpolluted water.
(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 syst, em; provided, 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 1, 2006, 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, 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.
15.Section 16.09.106(e) is added to require that new buildings provide a covered
dumpster area:
(e) After January 1, 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 runon to the area and runoff from the area.
5 of 9
16.Section 16.09.106(f) is added to require that new residential buildings with 25 or
more units provide a covered area connected to an interceptor or oil/water separator
for occupants to wash their vehicles:
(f) After January 1, 2003, new residential buildings with 25 or more units shall
provide a covered, area for occupants to wash their vehicles. The area shall be
designed to prevent water runon to the area and runoff from the area. 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.
17.Section 16.09.110(m) is changed to establish an industrial waste discharge limit for
Methyl Tertiary Butyl Ether (MTBE) of 0.75 mg/L:
(m) Toxicity. The following is a nonexclusive list of toxic substances and the
maximum concentration allowed for each discharge:
Toxicant Instantaneous Maximum
Concentration Allowable
Arsenic 0.1 mg/liter
Barium 5.0 mg/liter
Beryllium 0.75 mg/liter
Boron 1.0 mg/liter
Cadmium 0.1 mg/liter
Chromium, Hexavalent 1.0 mg/liter
Chromium total 2.0 mg/liter
Cobalt 1.0 mg/liter
Copper 2.0 mg/liter
Cyanide 1.0 mg/liter
Formaldehyde 5.0 mg/liter
Lead 0.5 mg/liter ’
Manganese 1.0 mg/liter
Mercury 0.05 mg/liter
Methyl Tertiary Butyl Ether (MTBE)0.75 mg/liter
Nickel 0.5 mg/liter
Phenols 1.0 mg/liter
Selenium 1.0 mg/liter
Silver 0.25 mg/liter
Zinc 2.0 mg/liter
18.Section 16.09.113(b)(16) is added to prohibit vehicle service facilities from
discharging solid materials from wet sanding to the sanitary sewer, and to provide
6 of 9
19.
20.
21.
adequate solids removal treatment for wet sanding wastewater prior to discharge to
the sanitary sewer:
(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 16.09.115(d) is changed to require that wastewater from cleaning of boilers,
heat exchangers, and associated piping be sampled for copper prior to discharge to the
sanitary sewer. This requirement was previously codified only for cooling systems:
(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 scouting" 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 recirculates 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.
Section 16.09.116(d) is added to change the industrial waste mercury limit from 0.05
mg/L to 0.01 mg/L:
(d) As of January 1, 2003, the mercury concentration of industrial waste discharges to
the sewer other than discharges from dental facilities using mercury-containing
amalgam shall not exceed 0.01 mg/1.
Sections 16.09.117(a) and (b) are changed to require that construction sites with
greater than one acre of disturbed soil prepare spill response plans and storm water
pollution prevention plans. Previously, sites with greater than five acres of disturbed
soil were required to prepare the plans:
(a) A spill response plan for hazardous waste, hazardous materials and
uncontained construction materials shall be prepared and available at the construction
sites for all projects where the proposed construction site is equal to or greater than
one acre of disturbed soil and for any other projects for which the city engineer
determines that a plan is necessary to protect surface waters. Preparation of the plan
shall be in accordance with guidelines published by the city engineer.
7 of 9
(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.
22. Section 16.09.117(c) is changed to allow recovery of costs associated with
authorizing discharge to the storm drain system from construction sites:
(c) Prior approval shall be obtained from the city engineer or designee to discharge
water pumped from construction sites 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.
23.Sections 16.09.117(a) and (b) are changed to require that construction sites with
greater than one acre of disturbed soil prepare spill response plans and storm water
pollution prevention plans. Previously, sites with greater than five acres of disturbed
soil were required to prepare the plans:
(a) A spill response plan for hazardous waste, hazardous materials and
uncontained construction materials shall be prepared and available at the construction
sites for all projects where the proposed construction site is equal to or greater than
one acre of disturbed soil and for any other projects for which the city engineer
determines that a plan is necessary to protect surface waters. Preparation Of the plan
shall be in accordance with guidelines published by the city engineer.
(b) A storm water pollution prevention plan shall be prepared and available at
the construction sites for all projects equal to or greater than one acre of disturbed soil
and for any other projects for which the city engineer determines that a storm water
management plan is necessary to protect surface waters. Preparation of the plan shall
be in accordance with Chapter 16.28 of this code and with guidelines published by
the city engineer.
24.Section 16.09.160(b) is added to prohibit the use of copper roofing materials, copper-
containing shingles, and copper gutters in new buildings, and to prohibit their use for
replacement of roofs except in historic buildings:
(b) Copper roofing materials. On and after January 1, 2003, copper metal
roofing, copper granule containing asphalt shingles and copper gutters shall not be
permitted for use on any residential, commercial or industrial building for which a
building permit is required. Copper flashing for use under tiles or slates and small
8 of 9
copper ornaments are exempt from this prohibition. Replacement roofing and gutters
on historic structures are exempt, provided that the roofing material used shall be
prepatinated at the factory. For the purposes of this exemption, the definition of
"historic" shall be limited to structures designated as Category 1 or Category 2
buildings in the current edition of the Palo Alto Historical and Architectural
Resources Report and Inventory.
9 of 9
January 28, 2002
City_ of Palo Alto
~ublic ~T C
Divisions
Administration
650.329.2373
650.329.2299 fax
Engineering
650.329.2151
650.329.2299 fax
Emaronmental
Compliance
650.329.2598
650.494.3531 fax
Equipment
Management
~:~::" -i.~} 650.496.6922
"’ :" 650.496.6958 fax
Facilities
Management
650.496.6900
650.49&6958 fax
Operations
650.496.6974
650.852.9289 fax
Regional Water
Quality Control
650.329.2598
650.494.3531 fax
Amy Boas, Chair
Environmental Health and Safety Forum
Palo Alto Chamber of Commerce
c/o Genencor International
925 Page Mill Road
Palo Alto, CA 94304-1013
Dear Ms. Boas,
Please thank Karen Bouvier for submitting the Chamber EH&S Fonam’s
comments on the Regional Water Quali.ty Control Plant’s (RWQCP) proposed
revisions to Palo Alto’s Sewer Use Ordinance. In response to the comments of
the Chamber EH&S Forum and other interested parties, a number of changes have
been made to the proposed revisions.
Attached you will find a document briefly summarizing and responding to each of
the Chamber EH&S Forum’s comments. An updated summary of the proposed
revisions is also attached. The proposed revisions will be sent on to the Palo Alto
City Council for a "first reading" in the near future. We will inform you of the
date of the Council meeting at which the Sewer Use Ordinance revisions Will be
considered. Thanks again for your input.
Sincerely,
Phil Bobel, Manager
Environmental Compliance Division
Attachments:Chamber EH&S Forum Comments and Reponses
Sewer Use Ordinance Revision summary
EO.Box 10250
Palo Alto, CA 94303
Chamber EHS Forum Comments and Responses
1. Section 16.09.010 Definitions
Blowdown
EHS Forum Comments:
Request that definition of blowdown from 40CFR be utilized.
Response:
The definition requested by EHS Forum could be restrictive due to its use of the
phrase "minimum discharge".
Indirect Discharge
EHS Forum Comments:
Request that definition of indirect discharge from 40CFR be added to ordinance.
Response:
Definitions of industrial user, discharger, and industrial waste already contained
in ordinance are sufficient. The ordinance definitions of industrial users and
industrial waste are broader than 40CFR’s definition of indirect discharge.
Interference
EHS Forum Comments:
Request that definition of interference from 40CFR be utilized.
Response:
Definition requested by EHS Forum requires a violation of the RWQCP’s NPDES
permit to meet the criteria for interference.
Significant Noncompliance
EHS Forum Comments:
Request that definition of Significant Noncompliance from 40CFR be utilized.
Response:
Change definition to include only the criteria from 40CFR.
Laboratory Waste
EHS Forum Comments:
Propose that EHS Forum’s definition of laboratory waste be added to ordinance,
distinguishing waste from research and educational facilities where relatively
small quantities of hazardous chemicals are used and stored from industrial waste
associated with commercial production or large-scale research laboratories.
Monitoring of these sources is impractical due to their negligible environmental
or operational impacts.
Response:
The current definition of industrial waste, which includes waste from research
laboratories, is preferred. Industrial waste from laboratories frequently contains
pollutants of concern, and discretion is already available to require little or no
1 of 6
self-monitoring in cases where flow is miniscule or pollutants of concem are not
in use.
2.Section 16.09.032(b)(16) Grease Interceptor for Dumpsters for Food Service
Facilities
EHS Forum Comments:
Proposed requirement has not been shown to be necessary in meeting the intent of
the Sewer Use Ordinance.
Response:
The intent of the Sewer Use Ordinance is to provide safeguards to protect the
sanitary sewer system from discharges that may cause interference or pass-
through at the RWQCP, and to protect the Storm drain system from non-
stormwater discharges. Food service facility dumpster areas with drains are likely
to leak oils and greases from spilled materials and/or tallow bins into the sanitary
sewer. Oils and greases discharged to the sanitary sewer can lead to sewer
blockages and overflows that impact the storm drain system, and that may lead to
human health exposures.
3. Section 16.09.032(b)(17) Interior Parking Garage Level Drains
EHS Forum Comments:
Request that cleaning frequency be performance-based rather than on a set time
interval. Any time interval requirements .should be specified in an individual
permit based on environmental need.
Response:
Change cleaning frequency requirement from semiannual to annual. Individual
facilities may request a change in the cleaning frequency for their facility based
upon oil/water separator size and/or power washing frequency. The requirement
applies to all new parking garages with interior levels, not only to those facilities
to which discharge permits are issued.
4. Section 16.09.033(d) Monitoring Record Retention
EHS Forum Comments:
Request that requirement apply specifically to records required by a discharge
permit.
Response:
Change the requirement to require retention of records of any monitoring required
by the superintendent.
5.Section 16.09o061(b) Inspection by POTW Staff
EHS Forum Comments:
2 of 6
Legal means are available that make the proposed revision unnecessary. Facilities
to be inspected should have adequate notice to ensure that an appropriate
representative is available.
Response:
It is important to provide the necessary legal basis for conducting inspections
within the Sewer Use Ordinance.
6. Section 16o09.061(d) Facility Closure and Discharger Monitoring
EHS Forum Comments:
Request that the regulation include a definition of final closure. Any required
monitoring should be limited to constituents regulated in the existing discharge
permit. Cooperation with the CUPA is necessary. Facilities which have
successfully resolved instances of noncompliant discharges should not be subject
to the requirements. The range of actions that may be required in response to
inspection and/or monitoring results should be defined. The scope of this
regulation is very broad and could lead to significant costs for industry.
Response:
Change the regulation to define "final closure" as final closure of an entire
building when the current user vacates the building, or when the use of the
building will no longer include hazardous materials. Specify that analytical
testing will be required only for pollutants regulated by the facility’s discharge
permit. Add a statement that responses to identification of broken sewer pipes or
contaminated sediments can include, but not be limited to, replacement of sewer
pipes and removal of contaminated sediments. Replacement of damaged sewer
pipes is important to prevent contamination of soil and groundwater aquifers, and
to limit infiltration of unpolluted water to the sanitary sewer system.
Contaminated sediments in sewer pipes can release pollutants in the future,
possible leading to compliance problems for future occupants.
7, Section 16o09o090 Accidental Discharge Prevention
EHS Forum Comments:
Addition of "slugs" appears to be unnecessary considering the broad prohibitions
already present
Response:
EPA requires that pretreatment programs address "slug" loadings.
Section 16o09.095(a) Discharger Self-Monitoring
EHS Forum Comments:
Request that calibration frequencies for pH and flow monitoring equipment be
based upon equipment effectiveness and manufacturer’s recommendations.
Request that wording be added to second paragraph to indicate that discharger’s
agreement will be obtained prior to specifying analytical methods and detection
limits in discharge permits.
3 of 6
o
Response:
Change "flow meter" to "flow monitoring equipment" and "pH meter" to "pH
monitoring equipment". It is important that pH and flow monitoring panels and
recording devices be serviced, in addition to the actual flow meters and pH probes
associated with the equipment. Individual facilities may request a change in the
calibration frequency for their equipment if warranted by manufacturer
recommendations or other factors. Requirements for analytical methods and
detection limits in permits are included in draft permits for review and comment
by the discharger prior to issuance of a final permit. Procedures are available for
dischargers tO appeal provisions included in a final permit.
Section 16.09.103(e) and (f) Prohibition of Food Waste Disposers at Food Service
Facilities
EHS Forum Comments:
Proposed requirement has not been shown to be necessary in meeting the intent of
the Sewer Use Ordinance.
Response:
The intent of the Sewer Use Ordinance is to provide safeguards to protect the
sanitary sewer system from discharges that may cause interference or pass-
through at the RWQCP, and to protect the storm drain system from non-
stormwater discharges. Solid waste from food waste disposers contains oils and
greases and bypasses grease removal devices. Oils and greases discharged to the
sanitary sewer can lead to sewer blockages and overflows that impact the storm
drain system, and that may lead to human health exposures. Composting and land
application of food waste is a more long-term sustainable practice than treatment
and Bay discharge of food wastes in wastewater. In recognition of the short-term
difficulties of transitioning, the implementation date for the prohibition for
existing food service facilities will be extended to January l, 2007.
10. Section 16.09.104 Discharge of Zinc-Containing Floor Wax/Stripper
EHS Forum Comments:
Request one-year extension on the prohibition.
Response:
Change effective date to January 1, 2003.
11. Section 16.09.105 Potable Water From Once-Through Cooling Systems
EHS Forum Comments
Request that prohibition be limited to systems discharging greater than 2,000 gpd,
and that implementation be delayed until January 1, 2004. In addition, once-
through cooling should be allowed for backup or emergency purposes.
Response:
4of6
Change provision language to exempt emergency once-through cooling
discharges, and to extend the prohibition to January 1, 2006 for once-through
cooling systems discharging less than 200 gallons per day.
12. Section 16.09.106(e) Covered Dumpster Areas for New Buildings
EHS Forum Comments:
Regulation would impose a number of operational difficulties in addition to
installation costs. Request that dumpster problems be addressed in individual
discharger permits.
Response:
The requirement applies to dumpster areas for all new and remodeled buildings,
not only to those facilities to which discharge permits are issued. In addition, the
proposed requirement is included on the list of source control measures for storm
drain pollution prevention in Provision C.3.k of the NPDES permit issued by the
Regional Board to the Santa Clara Valley Urban Runoff Program (SCVURP)
dischargers on October 17, 2001. The City of Palo Alto, a SCVURP discharger,
is required to submit a draft report to the Regional Board by September 15, 2002
documenting that such source control measures have been adopted to the
"maximum extent practicable".
13. Section 16.09.115(d) Copper Sampling
EHS Forum Comments:
Request additional language defining "associated piping".
Response:
Add definition in the ordinance section defining associated piping as piping
associated with a heating or cooling system through which water or another heat
transfer fluid passes during operation of the system.
14. Section 16.09.116(d) Mercury Discharge Limit
EHS Forum Comments:
Proposed requirement has not been shown to be necessary in meeting the intent of
the Sewer Use Ordinance. Lower limit should not be adopted unless ,a need for
the limit is demonstrated. Although most dischargers currently meet the more
restrictive limit, this may be due to reduced operations or other temporary
conditions.
Response:
The intent of the Sewer Use Ordinance is to provide safeguards to protect the
sanitary sewer system from discharges that may cause interference or pass-
through at the RWQCP, and to protect the storm drain system from non-
stormwater discharges. The RWQCP’s analysis in deriving the proposed limit
concluded that industrial wastewater discharges at or near the current limit could
cause pass-through and violations of the RWQCP’s NPDES permit. Attachment 1
describes the process used by the RWQCP to derive the proposed new limit.
5 of 6
Lower NPDES permit discharge limits for mercury are anticipated for the
RWQCP in the future.
15. Section 16o09.117(a) and (b) Construction Sites Greater than One Acre
EHS Forum Comments:
Request that "trigger" for requirement of Spill Response Plans and Storm Water
Pollution Prevention Plans not be changed from five acres of disturbed soil to one
acre of disturbed soil until the Regional Board requires the change.
Response:
Change effective date for requirement to August 1, 2003.
16. Section 16.09.160(b) Copper Roofing Materials
EI-IS Forum Comments:
Proposed requirement has not been shown to be necessary in meeting the intent of
the Sewer Use Ordinance.
Response:
The intent of the Sewer Use Ordinance is to provide safeguards to protect the
sanitary sewer system from discharges that may cause interference or pass-
through at the RWQCP, and to protect the storm drain system from non-
stormwater discharges. The RWQCP’s proposal to prohibit architectural uses of
copper is based on the findings of a report entitled "Architectural Uses of Copper:
An evaluation of stormwater loads and best management practices", that was
completed in 2000. The report is available on the web at http://www.city.palo-
alto.ca.us/cleanbay/pdf/cuarchitect.pdf. Copper is designated by the RWQCP as a
pollutant of concern due to the current listing of San Francisco Bay as impaired
by copper on the Clean Water Act 303(d) list. Although the City is hopeful that
delisting will occur, it will still be necessary to minimize the introduction of new
copper from facilities that could lead to increases.
6 of 6
Divisions
Administration
650.329.2373
650.329.2299 fax
Engineering
650.329.2151
650.329.2299 fax
Envi~,dnmental
Compliance
650.329.2598
650.494.3531 fax
Equipment
... Management
z:-.-:~650.496.6922
~-. :- 650.496.6958 fax
Facilities
Management
650.496.6900
650.496.6958 fax
Operations
650.496.6974
650.852.9289 fax
Regional Water
Quality Control
650.329.2598
650.494.3531 fax
City of Palo Alto
Public Works Department
January 28, 2002
Mike Goff
Utility Director
Stanford University
327 Bonair Siding
Stanford, CA 94305-7270
De~ Mr. Goff,
Thank you for submitting comments on the Regional Water Quality Control
Plant’s (RWQCP) proposed revisions to Palo Alto’s Sewer Use Ordinance. In
response to the comments of Stanford University and other interested parties, a
number of changes have been made to the proposed revisions.
Attached you will find a document briefly summarizing and responding to each of
your comments. An updated summary of the proposed revisions is also attached.
The proposed revisions will be sent on to the Palo Alto City Council for a "first
reading" in the near future. We will inform you of the date of the Council
meeting at which the Sewer Use Ordinance revisions will be considered. Thanks
again for your input.
Sincerely,
Phil Bobel, Manager
Environmental Compliance Division
cc:Marty Laporte, Stanford University Utilities
Attachments:Stanford University Comments and Reponses
Sewer Use Ordinance Revision summary
EO.Box 10250
Palo Alto, CA 94303
Stanford University Comments and Responses
1. Section 16.09.010 Definitions
o
Once-through cooling system:
Stanford Comment:
Propose that the definition be changed to apply only to discharges greater than
2,000 gpd.
Response:
Retain proposed definition, but provide phase-in dates in Section 16.09.105.
Sampling Location:
Stanford Comment:
Propose that either 1) laboratory waste be regulated as "research laboratory
waste" and exempted from sampling requirements, 2) PAMC 16.09.060 be
amended to allow sampling of combined flows (sampling of segregated flows
provides "no discernible benefit"), or 3) an alternative sampling procedure be
structured for Stanford that would be less extensive and time-consuming.
Response:
Industrial waste from laboratories frequently contains pollutants of concern, and
discretion is already available to require little or no self-monitoring in cases where
flow is miniscule or pollutants of concern are not in use. Contrary to Stanford’s
assertion that sampling segregated industrial waste flows provides no discernible
benefit, such sampling prevents interferences and dilution from domestic
wastewater that make it impossible to determine the actual concentration of
pollutants from regulated activities.
Section 16.09,032(b)(16) Requirement of a Grease Removal Device for Food
Service Facility Dumpster Areas
Stanford Comment:
Request cost/benefit analysis to demonstrate that the regulation is necessary and
will result in a net positive benefit to the environment. Propose that only
dumpster areas in "significant noncompliance" with prohibition on discharge of
grease be required to install grease removal devices.
Response:
The City believes that the cost of conducting a cost/benefit analysis for a very
small project such as this would be greater than the implementation cost for the
requirement. Requiring that grease removal devices be installed only after
noncompliance is inefficient due to the difficulty in determining whether
dumpster areas are in compliance and the greatly increased costs of retroactively
installing the grease removal device. In addition, dumpster areas for which drains
are not installed are not required to install a grease removal device.
1 of 5
3. Section 16.09.032(b)(17) Interior Level Parking Garage Drains
Stanford Comment:
Stanford requests an exemption from this requirement due to the small amounts of
water collected in covered parking garages and Stanford’s use of good
management practices such as sweeping garages once a week. Cleaning
schedules for oil/water separators should be ba~ed on floor maintenance cleaning
schedules. Smaller-sized garages should be able to size oil/water separators
accordingly.
Response:
Change cleaning frequency requirement from semiannual to annual. Individual
facilities may request a change in the cleaning frequency for their facility based
upon oil/water separator size and/or power washing frequency. Oil/water
separators are important when contaminated sediments are present in garages, and
when power washing of garages leads to significant discharge of oils, greases, and
other pollutants. Oil/water separators also protect against accidental spills in
enclosed garage areas.
Section 16.09.033(d) Monitoring Record Retention
Stanford Comment:
Stanford requests that the requirement state that only records of monitoring
activities and results that are required by a discharge permit be retained.
Response:
Change the requirement to require retention of records of any monitoring required
by the superintendent.
5. Section 16.09.061(b) Inspection by POTW Staff
Stanford Comments:
Request cost/benefit analysis to demonstrate that the regulation is necessary.
Suggest that language be added to detail the specific circumstances under which
inspections could take place outside of a business’ operating hours.
Response:
A cost/benefit analysis is not applicable. Inspections outside of operating hours
would only take place as part of an investigation, and including additional
language in the proposed ordinance provision could interfere with that ability.
6o Section 16.09.095 Discharger Self-monitoring
Stanford Comments:
Request language change to say that annual and semiannual calibration of flow
and pH meters, respectively, are only required if such equipment is required by a
facility’s permit. Request change in language from "pH meters" to "pH probes".
Response:
2 of 5
Change "flow meter" to "flow monitoring equipment" and "pH meter" to "pH
monitoring equipment". It is important that pH and flow monitoring panels and
recording devices be serviced, in addition to the actual flow meters and pH probes
associated with the equipment.
7. Section 16.09.103(e) Food Waste Disposers
Stanford Comments:
Request cost/benefit analysis to demonstrate that the regulation is necessary and
will result in a net positive benefit to the environment. There are numerous
financial and operational ways in which the ban would impact Stanford
negatively.
Response:
The identified issues associated with disposal of food waste are offset by the
reduced impacts of disposal through the sanitary sewer system. Composting and
land application of food waste is a more long-term sustainable practice than
treatment and Bay discharge of food wastes in wastewater. In recognition of the
short-term difficulties of transitioning, the implementation date for the prohibition
for existing food service facilities will be extended to January 1, 2007.
8. Section 16.09.104 Zinc-containing Floor Wax
Stanford Comments:
Request one-year extension on the prohibition.
Response:
Change effective date to January 1, 2003.
9. Section 16.09.105 Once-Through Cooling Systems
Stanford Comments:
Stanford opposes inclusion of measures that promote water conservation in the
Sewer Use Ordinance. Stanford believes that once-through cooling water should
be allowed to be discharged to the sanitary sewer because it does not meet the
definition of unpolluted water. If the provision is passed, it should 1) not be
effective until December 2004, 2) include variances for small dischargers,
infrequent users, and building for which retrofits are scheduled, and 3) exempt
emergency use.
Response:
Change provision language to exempt emergency once-through cooling
discharges, and to extend the prohibition to January 1, 2006 for once-through
cooling systems discharging less than 200 gallons per day. Inclusion of the once-
through cooling provision in the "Unpolluted Water" section does not define
once-through cooling water as unpolluted.
10. Section 16.09.106(e) Covered Dumpster Area
3 of 5
Stanford Comments:
Request cost/benefit analysis to demonstrate that the regulation is necessary and
will result in a net positive benefit to the environment. Regulation should not
apply to dumpsters without nearby storm drains. Regulation would impose a
number of operational difficulties in addition to installation costs.
Response:
The City believes that the cost of conducting a cost/benefit analysis for a very
small project such as this would be greater than the implementation cost for the
requirement. Pollutants from uncovered dumpsters will eventually be washed
into the storm drain system regardless of whether a storm drain catchbasin is
nearby. In addition, the proposed requirement is included on the list of source
control measures for storm drain pollution prevention in Provision C.3.k of the
NPDES permit issued by the Regional Board to the Santa Clara Valley Urban
Runoff Program (SCVURP) dischargers on October 17, 2001. The City of Palo
Alto, a SCVURP discharger, is required to submit a draft report to the Regional
Board by September 15, 2002 documenting that such source control measures
have been adopted to the "maximum extent practicable".
11o Section 16.09o106(f) Covered, bermed area to wash vehicles
Stanford Comments:
Request cost/benefit analysis to demonstrate that the regulation is necessary and
will result in a net positive benefit to the environment. Regulation would
encourage carwashing on campus, which is discouraged by Stanford.
Response:
The City believes that the cost of conducting a cost/benefit analysis for a very
small project such as this would be greater than the implementation cost for the
requirement. The reality is that carwashing currently occurs at large housing
complexes. The proposed revision would allow wastewater.from carwashing to
drain to the sanitary sewer, creating a positive environmental impact.
12. Section 16.09.110(m) Methyl Tertiary Butyl Ether Discharge Limit
Stanford Comments:
Regulation should indicate that sampling will be required only for groundwater
sites or laboratories that use MTBE.
Response:
General requirements for MTBE sampling should be contained in a policy, not in
the ordinance.
13. Section 16.09.115(d) Cooling System and Boiler Cleaning
Stanford Comments:
Request additional language defining "associated piping".
Response:
4 of 5
Add definition in the ordinance section defining associated piping as piping
associated with a heating or cooling system through which water or another heat
transfer fluid passes during operation of the system.
14. Section 16.09.116(d) Mercury Discharge Limit
Stanford Comments:
Request that new limit of 0.005 mg/L apply only to dischargers greater than
50,000 gpd, and to dental facilities.
Response:
Merely regulating discharges greater than 50,000 gpd is not sufficient to meet the
objectives of this proposed change. Attachment 1 describes the process used by
the RWQCP to derive the proposed new limit. Application of the limit to dental
facilities is infeasible at this time due to difficulties in collecting representative
samples of dental facility wastewater and lack of clear information on effective
mercury amalgam removal equipment for dental wastewater. Further limitations
on dental facilities are under consideration.
15. Section 16.09.160(b) Copper Roofing Materials
Stanford Comments:
Request cost/benefit analysis to demonstrate that the regulation is necessary and
will result in a net positive benefit to the environment. Request "scientific basis"
for the regulation.
Response:
The City believes that the cost of conducting a cost/benefit analysis for a very
small project such as this would be greater than the implementation cost for the
requirement. The RWQCP’s proposal to prohibit architectural uses of copper is
based on the findings of a report entitled "Architectural Uses of Copper: An
evaluation of stormwater loads and best management practices", that was
completed in 2000. The report is available on the web at http://www.city.palo-
alto.ca.us/cleanbay/pdf/cuarchitect.pdf.
5 of 5
January28,2002
Cityof Palo Alto
Public Works Depar_tment
Amy Boas
Senior EH&S Specialist
Genencor International, Inc.
925 Page Mill Road
Palo Alto, CA 94304
Divisions
Ad ~ministration
650.329.2373
650.32%2299 fax
Engineering
650.329.2151
650.329.2299 fax
Environmental
Compliance
650.329.2598
650.494.3531 fax
Equipment
~ :: .Management
].~ i.. ~450.496.6922650.496.6958 fax
Facilities
Management
650.496.6900
650.496.6958 fax
Operations
650.496.6974
650.852.9289 fax
Regional Water
Quality Control
650.329.2598
650.494,3531 fax
Dear Ms. Boas,
Thank you for submitting comments on the Regional Water Quality Control ¯
Plant’s (RWQCP) proposed revisions to Palo Alto’s Sewer Use Ordinance. In
response to the comments of Genencor and other interested parties, a number of
changes have been made to the proposed revisions. Below you will find a brief
summary of and response to each of your comments.
Section 16.09.105 Potable Water From Once-Through Cooling Systems
Genencor Comments:
Request that proposed regulation address previous agreements made
between RWQCP and specific businessses (Genencor agreed to phase out
once-through cooling by September 2002). The implementation date for
all companies should be extended.
Response:
Change provision language to exempt emergency once-through cooling
discharges, and to extend the prohibition to January 1, 2006 for once-
through cooling systems discharging less than 200 gallons per day.
An updated summary of the proposed revisions is attached. The proposed
revisions will be sent on to the Palo Alto City Council for a "first reading" in the
near future. We will inform you of the date of the Council meeting at which the
Sewer Use Ordinance revisions will be considered. Thanks again for your input.
Sincerely,
Phil Bobel, Manager
Environmental Compliance Division
Attachment: Sewer Use Ordinance Revision summary
P.O.Box 10250
Palo Alto, CA 94303
City of Palo Alto
Public Works Department
Divisions
Administration
650.329.2373
650.329.2299 fax
Engineering
650.329.2151
650.329,2299 fax
Envtronmental
Compliance
650.329.2598
650.494.3531 fax
Equipment
Management
650.496.6922
650.496.6958 fax
Facilities
Management
650.496.6900
650.496.6958 fax
Operations
650.496.6974
650.852.9289 fax
Regional Water
Quality Control
650.329.2598
650.494.3531 fax
January 28, 2002
Jim Schweikhard
Director of Environmental Health & Safety
Stanford University Medical Center
300 Pasteur Drive
Palo Alto, CA 94305
Dear Mr. Schweikhard,
Thank you for submitting comments on the Regional Water Quality Control
Plant’s (RWQCP) proposed revisions to Palo Alto’s Sewer Use Ordinance. In
response to the comments of Stanford University Medical Center and other
interested parties, a number of changes have been made to the proposed revisions.
Below you will find a brief summary of and response to each of your comments.
Section 16~09.104 Zinc-containing Floor Wax
Medical Center Comments:
Request one-year extension on the prohibition.
Response:
Change effective date to January 1, 2003.
An updated summary of the proposed revisions is attached. The proposed
revisions will be sent on to the Palo Alto City Council for a "first reading" in the
near future. We will inform you of the date of the Council meeting at which the
Sewer Use Ordinance revisions will be considered. Thanks again for your input.
Sincerely,
Phil Bobel, Manager
Environmental Compliance Division
Attachment: Sewer Use Ordinance Revision summary
EO.Box 10250
Palo Alto, CA 94303
January 28,2002
City of Palo Alto
Public Works Department ~
Julie Muir
Community Relations Manager
Peninsula Sanitary Service Inc.
339 Bonair Siding
Stanford, CA 94305
Dear Ms. Muir,
Divisions
Administration
650.329.2373
650.329.2299 fax
Engineering
650.329.2151
650.329.2299 fax
Envirdnmental
Compliance
650.329.2598
650.494.3531 fax
Equipment
¯ ,,. ~ Management
~.550.496.6922
’--:- 650,496.6958 fax
Facilities
Management
650.496.6900
650.496.6958 fax
Operations
650.496.6974
650.852.9289 fax
Regional Water
Quality Control
650.329.2598
650)194.3531 fax
Thank you for submitting comments on the Regional Water Quality Control
Plant’s (RWQCP) proposed revisions to Palo Alto’s Sewer Use Ordinance. In
response to the comments of Peninsula Sanitary Service Inc. and other interested
parties, a number of changes have been made to the proposed revisions. Below
you will find a brief summary of and response to each of your comments.
Section 16.09.061(b) Inspection by POTW Staff
PSSI Comments:
Request that proposed regulation state that authority will only be used to.
"catch grossly negligent dischargers" and that unreasonable delay be
defined. Inspector safety during inspections when an escort is not
available are a concern.
Response:
It is important to provide the necessary legal basis for conducting
inspections within the Sewer Use Ordinance. Inspections outside of
operating hours would only take place as part of.an investigation, and
including additional language in the proposed ordinance provision could
interfere with that ability.
Section 16.09.106(e) Covered Dumpster Areas for New Buildings
PSSI Comments:
Covered dumpster areas make the dumpsters difficult to service. Trucks
will need perpendicular access to the dumpster area and space to back up.
Damage to dumpster covers may eventually result.
Response:
The proposed requirement is included on the list of source control
measures for storm drain pollution prevention in Provision C.3.k of the
NPDES permit issued by the Regional Board to the Santa Clara Valley
Urban Runoff Program (SCVURP) dischargers on October 17, 2001. The
City of Palo Alto, a SCVURP discharger, is required to submit a draft
report to the Regional Board by September 15, 2002 documenting that
such source control measures have been adopted to the "maximum extent
practicable".
1 of 2 P.O.Box 10250
Palo Alto, CA 94303 ’ ¯
An updated summary of .the proposed revisions is attached. The proposed
revisions will be sent on to the Palo Alto City Council for a "first reading" in the
near future. We will inform you of the date of the Council meeting at which the
Sewer Use Ordinance revisions will be considered. Thanks again for your input.
Sincerely,
Phil Bobel, Manager
Environmental Compliance Division
Attachments: Sewer Use Ordinance Revision summary
2 of 2
ATTACHMENT D
Public Works Department
Water Quality Control, Plant
MEMORANDUM
Date:June 25, 2002
To:Files
From:
Subject:
Brad Eggleston
Mercury Local Limit
It is recommended that the mercury local limit for permitted industrial users be lowered from
0.05 milligrams per liter (mg/L) to 0.01 mg/L. This memorandum describes the process used to
derive the new limit. The steps involved in the process are 1) selecting a criterion for calculating
a maximum allowable headworks loading (MAHL), 2) using Plant removal information to
calculate the MAHL, and 3) allocating the MAHL among sewer dischargers to obtain an
appropriate local limit. The memorandum concludes with a brief discussion of the expected
impact of the new limit on compliance for industrial facilities.
1) Selection of Criterion as Basis for Maximum Allowable Headworks Loading (MAHL)
The MAHL is the maximum influent loading of a pollutant, in pounds per day, that will not lead
to violation of the Plant’s applicable permit limits or interference with the Plant’s processes. The
MAHL should be based upon the most stringent of the following criteria: treatment process
inhibition, air emissions limits, incinerator ash limits, and effluent wastewater limits. Each
criterion is briefly reviewed below.
EPA’s "Guidance Manual on the Development and Implementation of Local Discharge
Limitations Under the Pretreatment Program" reports a mercury threshold concentration range of
0.1 to 1 mg/L for inhibition of activated sludge processes. The Plant’s influent mercury
concentration typically ranges from 0.00015 to 0.00035 mg/L, far lower than the reported
inhibition thresholds.
The Plant’s mercury limit for incinerator air emissions is 3.2 kilograms per 24-hour period. A
1995 compliance sampling event by the Bay Area Air Quality Management District indicated
that the incinerator emitted 0.034 kilograms of mercury in a 24-hour period. The Air District
sampled the sludge cake feed to the incinerator and assumed that all mercury in the sludge cake
would be emitted to the atmosphere. Plant incinerator emissions are far below the Air District’s
limit.
The Plant’s incinerator ash contains very little mercury due to mercury’s volatility and the high
temperature of the incineration process. A recent 5-day sampling of the incinerator ash indicated
1 of 5
Mercury Local Limit Development - June 2002
an average mercury concentration of 0.0065 mg/kg. The federal monthly average guideline for
mercury in incinerator ash is 17 mg/kg.
The Plant’s NPDES permit for discharge to the Bay contains three limits for mercury: 16 pounds
annual mass loading, 2.1 micrograms per liter (ug/L) 1-day average, and 0.’025 ug/L monthly
average. Compliance with the ,16 pound mass limit is not an issue, as the Plant’s current annual
effluent loading for mercury is less than two pounds. Compliance monitoring of the Plant’s.
effluent for mercury is done on a monthly basis (in accordance with the monitoring.schedule
contained in the NPDES permit). Therefore, the monthly average limit of 0.025 ug/L applies to
all of the Plant’s compliance samples. Although the Plant effluent has not exceeded 0.025 ug/L
mercury since 1997, the effluent mercury concentration has been recorded as high as 0.019 ug/L
in 2002. Moreover, violations of .the 0.025 ug/L limit could result from industrial users
discharging at or near the current industrial local limit of 0.05 mg/L.
The MAHL for the mercury local limit is based upon the NPDES permit monthly average limit
for mercury of 0.025 ug/L.
2) Calculation of Maximum Allowable Headworks Loading (MAHL)
The Plant collects influent and effluent samples for mercury analysis on a monthly basis. These
monthly data points are used to calculate Plant removal efficiencies for mercury. Mercury in
wastewater is strongly associated with suspended solids. For this reason, most of the mercury in
the Plant’s influent eventually passes through the sludge incinerator and is emitted to the
atmosphere. In October 2000, a renovation of the incinerator was completed which added an
afterburner, a sludge blending tank, and an updated water scrubber system. The new-scrubber
system was expected to increase the transfer of mercury from the vapor to the aqueous phase, and
to result in an increase in mercury concentration in the Plant effluent. Sampling events since the
new system went online have confirmed that the Plant’s removal efficiency for mercury has
decreased slightly. The October 2000 monthly mercury sampling event was the first to take place
after the new incinerator equipment went online. The low percent removal on this date appears
to indicate that a new steady state for mercury fluxes through the Plant had not yet been reached.
The table below presents influent and effluent mercury sampling results since January 2000, as
well as the mean, standard deviation, and a range of decile mercury removal values. The mean,
standard deviation, and decile mercury removal values presented were calculated using data from
December 2000 and later.
2 of 5
Mercury Local~Limit Development - June 2002
Sample Date
01/12/2000
02/09/2000
03/08/2000
04/1 2/2000
05/10/2000
06/07/2000
07/1 2/2000
08/09/2000
09/13/2000
10/18/2000
11/15/2000
1 2/06/2000
01/09/2001
02/06/2001
03/13/2001
04/10/2001
05/08/2001
06/05/2001
07/10/2001
08/07/2001
09/11/2001
10/16/2001
11/06/2001
12/11/2001
01/08/2002
02/05/2002
03/1 2/2002
04/09/2002
05/14/2002
Mean:
Influent Concentration
(.g/L)
0.19
0.23
0.18
0.27
0.34
0.29
0.24
0.28
0.3
0.176
0.13
0.27
0.35
0.2
0.24
0.32
0.26
0.24
0.34
0.26
0.3
0.24
0.25
0.19
0.17
0.27
0.3
0.27
0.24
Effluent Concentration Percent Removal
(ug/L)Through Plant
0.004
0.00511
0.00285
0.00259
0.00261
0.00278
0.0041
0.00277
0.00484
0.0183
0.00852
0.00716
0.00476
0.00502
0.00491
0.00611
0.0016
0.0037
0.0047
0.008
0.0095
0.0067
0.0057
0.0043
0.0042
0.019
0.0079
0.0069
0.0057
97.9
97.8
98.4
99.0
99.2
99.0
98.3
99.0
98.4
89.6
93.5
97.4
98.6
97.5
98.0
98.1
99.4
98.5
98.6
96.9
96.8
97.2
97.7
97.7
97.5
93.0
97.4
97.4
97.6
97.5Standard Deviation:
2n~ Decile:
3ra Decile:
4t" Decile:
5u~ Decile (Median):
6m Decile:
7m Decile:
8t" Decile:
1.3
97.2
97.4
97.5
97.6
97.7
98.0
98.5
Mean, Standard Deviation, and Deciles are calculated using percent removal data from December 2000 through
May 2002.
The fifth decile (median) of mercury removal was selected for use in calculating the MAHL.
The calculation is as follows:
MAHL = [0.025 ug/L / (1-(97.6/100))] o [1 mg/1000 ug] ¯ [25 MGD], [8.34 Lb/(mg/L, MGD)]
= 0.217 Lb/day
3 of 5
Mercury Local Limit Development - June 2002
The MAHL, based upon the fifth decile of Plant mercury removal and a flow of 25 MGD, is
0.217 pounds per day.
3) Allocation of Maximum Allowable Headworks Loading
The table below presents the flow and concentration assumptions used to derive the industrial
local limit for mercury.
Source
Total Influent
Residential
Commercial
(excluding dental)
Dental
Industrial
Flow
25 MGD
16.3 MGD
6.4 MGD
Hg Concentration (ug/L)
N/A
0.185 2
0.185 3
0.017 MGD 241 4
2.3 MGD 5 N/A
Total influent flow is an approximate average dry weather flow for the RWQCP.
Residential concentration is the average of 28 residential-only composite samples taken by the
RWQCP during 2000 and 2001. For purposes of this average calculation, the 11 non-detect
data points were assumed to have a mercury concentration equal to the detection limit of 0.1
ug/L.
Commercial concentration was assumed to be equal to the residential concentration. The most
significant source of mercury in residential wastewater is mercury from amalgam fillings in
human waste, and it is assumed that commercial wastewater also contains human waste. The
commercial concentration excludes the contribution from dental offices.
The dental mercury concentration presented is not a measured value, but is based upon the
RWQCP’s "Mercury Headworks Analysis for 2000", which reports a dental office loading of
11.4 pounds per year. The headworks analysis is available on the web at http://www.city.palo-
’,tlto.ca.us/cleanbay/pdf/mercmassb’al:pdf. The RWQCP is currently working with local
dentists and the Mid-Peninsula Dental Society to find ways to reduce mercury discharges from
dental offices. The dental concentration of 241 ug/L is derived by assuming that dental offices
operate for 250 days each year, that each of the approximately 170 service area dentists
discharges 100 gallons per operating day, and that current dental mercury discharges will be
reduced by twenty-five percent. The calculation is as follows: Concentration = [(11.4
pounds/250 days),0.75]/[0.017 MGD.8.34 Lb/(mg/LoMGD)] = 0.241 mg/L = 241 ug/L
The industrial flow is the sum of the average daily flows through each of the permitted
sampling locations in the RWQCP’s service area in 2000.
Utilizing the concentration and flow data above, the following mercury mass loadings are.
calculated:
Source
Residential
Commercial
Dental
Mercury Mass Loading (Lb/day)
0.025
0.010
0.034
4 of 5
Mercury Local Limit Development - June 2002
The industrial mass allocation is calculated by subtracting the residential, commercial, and dental
loadings from the MAHL: Industrial allocation = 0.217 - 0.025 - 0.010 - 0.034 = 0.148 Lb/day.
The industrial local limit for mercury is calculated by converting the industrial mercury
allocation to a concentration limit using the industrial flow: Local limit = [0.148 Lb/day]/[2.3
MGDo8.34 Lb/(mg/LoMGD)] = 0.0077 mg/L. The calculated local limit is then rounded up to
0.01 mg/L.
The recommended industrial local limit for mercury is 0.01 mg/L.
Compliance With the New Local Limit
The new limit for mercury is not expected to significantly impact industry. The table below
presents a brief review of the mercury sampling data from January 1998 through March 2001.
RWQCP Mercury Sampling Data: January 1998 through March 2001
(data from both RWQCP sampling and industry self-monitoring)
Total Number of Mercury Samples
Total Number >0.01 mg/L1
Total Number >0.01 mg/L2
Highest Concentration Measured
Average of Samples Exceeding 0.01 mg/L
Includes all industrial facilities
2422
9
2
0.045 mg/L
0.022 mg/L
Excludes a hazardous waste recycling facility. The facility conducts daily self-monitoring for mercury, and is "
currently subject to a mercury limit of 0.0023 mg/L under EPA categorical regulations.
The monitoring data show that, between January 1998 and March 2001, only 0.4 percent of
mercury samples exceeded 0.01 mg/L. There is no industrial facility in the RWQCP’s service
area that regularly exceeds 0.01 mg/L.
Although mercury from industry has been determined to be a relatively small portion of the
RWQCP’s influent mercury loading, the new limit will help ensure that industrial mercury
loading does not increase. Under the current limit of 0.05 mg/L, a single large industrial user
discharging 150,000 gallons at or near the limit could cause the Plant to exceed its NPDES
effluent limit for mercury.
Furthermore, the Plant’s removal of mercury from the wastewater stream amounts, in effect, to a
pollutant transfer from water to air. Mass balance testing through the Plant has shown that about
95 percent of the mercury in sludge cake fed to the incinerator is emitted to the atmosphere.
The new limit will allow the RWQCP to take enforcement action in response to unusually high
mercury concentrations from industry. The limit will also motivate industry to ensure that any
processes using mercury reagents or mercury-containing equipment are properly managed, and to
find non-mercury alternatives whenever possible.
5 of 5
ATTACHMENT E
TO:
PLANNING DIVISION
STAFF REPORT
PLANNING & TRANSPORTATION COMMISSION
FROM:PHIL BOBEL, MANAGER
AGENDA DATE: January 31, 2001
DEPARTMENT: PUBLIC WORKS/
ENVIRONMENTAL COMPLIANCE
SUBJECT:RECOMMENDATIONS TO PREVENT WATER POLLUTION
CAUSED BY COPPER-CONTAINING BUILDING MATERIALS
RECOMMENDATIONS
Although significant progress has been made to control and prevent water pollution, Palo Alto
creeks and the San Francisco Bay are still impaired by pollutants, most of which come from
"non-point sources." Some of the best known sources of these pollutants are automotive fluids,
automotive brake dust, pesticides, and wash waters. Other sources, such as architectural building
materials, are not as well understood.
Previous discussions between City staff and the Planning Commission led to an implementation
plan element of the Comprehensive Plan. Element N-33 specifies that the City will "study the
impacts on stormwater pollution of architectural copper and consider limiting its use, if
warranted." This effort has been completed and is discussed below. Some of the more
important conclusions include:
The .amount of copper released per year from all copper roofs in the PARWQCP service area
is estimated to be greater than all the industrial discharges of copper to the PARWQCP.
An incrementalincrease of 1000 square feet of copper roofing can lead to, by itself, a copper
concentration in a creek during an average rainfall that equals the chronic toxicity criteria
established by the U.S. Environmental Protection Agency (EPA).
A relatively new roofing product is a composite asphalt shingle in which copper granules
have been added for algae control. While this is an unnecessary feature for this climate, an
increased use of this product could lead to significant copper releases.
City of Palo Alto
Staff Recommendations for Reducing Copper in Building Runoff
Page1
Careful consideration of the effect of incremental additions of copper roofing to Palo Alto creeks
led the development Of four alternative actions described in Table 1, below. These alternatives
were presented to the Architectural Review Board (ARB) on December 7, 2000 and discussed
with Origins (the City’s consultant on single family home design). In this presentation, staff
recommended the most stringent alternative, Alternative 4, to provide the most protection for
water quality and to require the least effort for plan check engineers. This alternative would ban
all copper metal and copper granule containing roofing materials and gutters.
The ARB expressed interest and support for limiting the use of pollution-causing building
materials, but some concerns were expressed. Based on these concerns, staff now recommends
Alternative 3, banning copper-containing roofing materials, but exempting copper gutters. The
ARB’s concerns and our responses include:
Concern:Copper’s long life span reduces solid waste generation. This benefit maybe
worth the cost to water quality.
Response:.Solid waste is reduced when long-lived materials are used. However, there are
non-copper roofing materials such as tiles and coated steel that are long-lived, but
do not release pollutants of concern to the environment.
Concern:Coated steel, the recommended alternative to copper, may need occasional repair.
Maintenance activities could pollute storm water.
Response:Preparation for refinishing sheet metal roofs could pollute storm water. However,
refinishing is rarely needed. Also local and regional education and regulation is
helping to ensure that p.ainters contain wastes from activities like stripping and
sandblasting so they do not enter storm drains.
Concern:
Response:
Copper gutters contribute an estimated 10 kg/year of copper releases to the
PARWQCP service area. Since this is only about 10% of the load contributed by
copper roofs, do they present a real threat to water quality?
Copper gutters do contribute significantly less copperper building than copper
roofs. The loading from gutters would be a concern only if their use became more
prevalent. Because the high cost of these gutters will probably prohibit a
significant increase in their use, the PARWQCP agrees that Alternative 3 would
adequately protect water quality.
The current recommendation, Alternative 3, includes the following:
>" Expand outreach to developers, architects, and builders. Add information about copper-
containing Shingles.
>" Ban copper metal and copper granule containing shingle roofs. Exempt copper flashing,
ornaments and replacement metal roofing on historic structures, however require replacement
roofing to be prepatinated.
~ Allow copper gutters, but require that new copper gutters drain to pervious areas.
Currently, there are no practical or effective ways to prevent copper from washing off of copper
roofs or to remove copper from roof runoff. When and if preventative methods or treatment
options are available and practical, the PARWQCP will present that additional information to the
Planning Commission along with new recommendations.
City of Palo Alto
Staff Recommendations for Reducing Copper in Building Runoff
Page 2
A AA
o
A A A A A A A A A
AA A <AA A
DISCUSSION
Methods of Investigation
In order to avoid the expense of a scientifically valid sampling effort, an exhaustive literature
search was conducted. Studies on copper roof corrosion and/or runoff were found from
institutions in Oregon, Connecticut and Sweden. Because no studies were found on the impact
of copper containing composite shingles on runoff water quality, a small-scale runoff experiment
was conducted at the PARWQP. A report detailing the results of this research was preparedl
General Findings
Copper sheets or shingles have been found to contribute significant loads of copper to runoff.
Copper corrosion and runoff is influenced by many factors, such as the acidity and salinity of the
rain water. Corrosion is highest when a roof is new and has no patina.
The majority Of residential roofs are made of composite shingles. Copper granules or organic
herbicides are sometimes included in these shingles to inhibit algal growth. A Swiss study on
herbicide release, and the PARWQCP study on copper release show that these toxic chemicals
run off into storm drain systems.
Amount of Copper Released
Calculations were made based on local rainfall, copper runoff rates from the PARWQP study or
from values in the literature, and an estimated total copper roof area. The results indicate:
)~ 4 large commercial buildings (10,000 ft2 each) or 16 large homes (2,500 fi2 each) would
release more copper than is discharged from the second largest metal finishing industry in the
service area.
An estimated amount of copper released per year from all copper roofs in the service area is
299 lb/yrI. This is more copper than is discharged to the PARWQCP by all of the industries
in the service area together.
If all of the composite shingle roofs in the service area were replaced with algae-resistant
shingles an additional 7,000 pounds of copper would be released to the environment each
year.
Copper Loading to a Local Stream
Calculations were made to estimate the impact of runoff from copper roofs on the quality of
water in local creeks2. Estimates are based on the following assumptions:
~ a creek flowrate of one cubic foot per second
>~ an initial concentration in the creek of 5 ~tg/1 and
1 Barton, Thomas, Architectural Uses of Copper, An evaluation ofstormwaterpollution loads and best management
practices. Palo Alto Regional Water Quality Control Plant. July, 2000.
2 PARWQP Staff Memo, Copper Roof Investigation Status and Creek Loading Estimates, July 2000.
City of Palo Alto
Staff Recommendations for Reducing Copper in Building Runoff Page4
~ an average copper runoff concentration of 2700 ~xg/1
The results for variable roof sizes and rainfall rates are presented in Table 1, compared to acute
and chronic copper criteria. Because the U.S. EPA’s toxicity criteria are dependent on water
hardness, the creek concentration results were compared to toxicity criteria for two water
hardness values, 100 and 300 mg/1. The lower toxicity criteria correspond to the lower hardness
value, a value expected in a creek during and immediately following a rainfall.
For all the tested conditions of rainfall rates and roof sizes~ the calculated creek concentrations
exceed the acute and chronic criteria for the lower water hardness concentrations. Even a 1000 ft2
roof releases sufficient copper during an average rainfall to equal the chronic toxicity criteria for
the lower hardness condition.
Table 2. Hypothetical Copper Concentrations in a Creek from Copper Released from a
Copper Roof During a Rainfall
Rainfall Rate
(mrn/hr)
1.5
5
10
Acute Criteria3Roof Area Creek Copper Chronic
Concentration Criteria3
(ft2) (~g/l) 0xg/1)
Variable Rainfall, Average Roof
2500 14 9-23
2500 35 9-23
2500 65 9-23
Average Rainfall, Variable Roqf Size
1000 9 9-23
2500 14 9-23
5000 23 9-23
10000 41 9-23
13-38
13-38
13-38
1.5 13-381.5 13-381.5 13-381.5 13-38
Copper Regulation
The San Francisco Regional Water Quality Control Board (RWQCB)’s 1998 303(d) list
identified copper as a high priority metal of concern for the Lower South San Francisco Bay. A
workgroup was convened to test the assumption that the Bay is impaired by copper, and to
develop a copper Total Maximum Daily Load. A report4 was prepared that recommends a site
specific objective for dissolved copper somewhere between 5.1 to 7.5 #g/L.
3 The chronic and acute criteria are for 100 mg/L and 300 mg/L water hardness. Water Quality Standards;
Establishment of Numeric Criteria for Priority Toxic Pollutants for the State of California; Rule, Federal Register:
May 18, 2000 (Volume 65, Number 97) Page 31681-31719] online access at
http://www.epa.gov/ostwater/standards/ctrindex.html
4 Tetra Tech Inc., Draft Final lmpairmentAssessment Report, August 30, 1999
City of Palo Alto
Staff Recommendations for Reducing Copper in Building Runoff
Page 5
Because recent South Bay water sampies have not exceeded those values, the report concludes
that impairment is "unlikely." However, the report recommends further study to identify if the
objective is protective of algae and to evaluate whether the elevated levels of copper in South
Bay sediments may be responsible for observed sediment toxicity.
Site-specific objectives for copper have not been established for South Bay creeks because there
is inadequate data to determine whether these creeks are impaired by copper.
Copper Development Association (CDA) Perspective
A study was funded by the CDA at the University of Connecticut.5 Although this study found
that runoff from a copper roof was highly toxic (0.62% survival in a 48 hr. LC50 test), it
concluded that the toxicity was reduced by copper removal by cast iron downspouts, dilution, pH
changes, hardness and complexation within the storm water system.
Staff from the PARWQCP met with representatives from the CDA in May. In a June 15, 2000
letter they ask staff to "reconsider ... efforts to discourage architectural uses of copper" because
the posslbthty,,that" " " the Bay is impaired by copper, is. "unlikely,",,and because the copper released
from roofs is quickly transformed to a non-b~oavadable form.
The CDA is interested in funding a study on the West Coast to evaluate differences in climate
and chemistry. RWQCP staff is helping to coordinate discussions between the CDA and
Stanford University. It is possible that this or other future studies may include an evaluation of
treatment options for copper roof runoff.
Copper Roofing Restrictions and Controls
Although it is difficult to predict the fate of copper in roof runoff, it is clear that copper in the
runoff is in concentrations known to be toxic to aquatic life. In addition, dissipative uses of
copper (e.g., as a roofing material) are causing the accumulation of copper in the ecosphere
(Azar, et. a16.) For these reasons, alternatives to copper roofs or controls for these roofs should
be considered.
Banning copper roofs would be the most clear-cut and effective control (Stockholm, Sweden has
taken this approach for municipal buildings). However, objections from the CDA would be
expected. A number of manufacturers offer coated steel roofs, gutters, and downspouts with
green colors that look like mature copper. Composite shingles without copper granules are
commonly available.
Directing the flow from the roof into a landscaped area,may slow the migration 0f copper, or
redirect it to groundwater. However, a study in Switzerland7 showed copper to be relatively
mobile after complexing with organics in the soil. Therefore the copper entering the soil could
later be released through surface or groundwater flows into a creek or the Bay.
5 Boulanger, B. and Nikolaidis, N., Mobility and Toxicity of Copper in an Urban Watershed. Submitted to
Environmental Science and Technology, April, 2000.
6 Azar, C., Holberg, J., and Lindgren, K. Socio-ecological indicators for sustainability. 1995. Ecological
Economics 18(1996)89-112.
7 Mason, Y., Ammann, A. A., Ulrich, A., and Sigg, L. Environ. Sci Technol. 1999, 33:1588-1597
City of Palo Alto
Staff Recommendations for Reducing Copper in Building Runoff
Page 6
A small metals treatment system may be a feasible way of removing copper from runoff before it
is released into the environment, although no studies were found to verify the practicality. Other
controls considered, but found not practical or effective include:
Simple filtration will not work because most of the copper washed off of a roof is in a
dissolved form.
Electrically active cathodic protection schemes are often used to impress a current between
buried pipes and soil to counter the migration of metal ions. Such a technique would not
work for roofs because there is no effective way of completing a circuit into the air.
Sacrificial coatings, such as lead or zinc, could be applied over the entire roof (i.e., between
the copper and the air). However, the zinc coating would look much different from bare
copper.
Using cast iron downspouts apparently allows the copper to plate out onto the piping.
However, it is likely that this measure will not be affective after a coating of copper is present
inside the pipe.
NEXT STEPS
With the approval of the Planning and Transportation Commission, the PARWQCP will draft
fact sheets and .an ordinance for review and approval by the City Council.
ATTA CHMENTS/EXHIBITS:
Attachment A: Advertisements for copper granule-containing shingles
Attachment B: Architectural Uses of Copper, An evaluation of stormwater pollution loads and
best management practices, Thomas Barton for the Palo Alto Regional Water Quality Control
Plant. July, 2000.
COURTESY COPIES:
Prepared by: Claire Elliott, Management Specialist
Reviewed by: Phil Bobel, Manager, Environmental Compliance Division
Department/Division Head Approval:
Lisa Grote, Chief Planrfing Official
City of Palo Alto
Staff Recommendations for Reducing Copper in Building Runoff
Page 7