HomeMy WebLinkAboutStaff Report 2509-5234CITY OF PALO ALTO
CITY COUNCIL
Monday, September 29, 2025
Council Chambers & Hybrid
5:30 PM
Agenda Item
16.SECOND READING: Adoption of Four Ordinances, as Recommended by the Retails
Committee to Amend and Reorganize Stormwater and Wastewater Management
Requirements by Amending PAMC Chapter 16.09 (Sewer Use Ordinance), Amending
Chapter 16.11 (Stormwater Pollution Prevention), Adding New Chapter 16.13
(Requirements for Food Facilities Related to Water Pollution Prevention and
Management of Fats, Oils, and Grease), and Adding New Chapter 16.66 (Hauled Liquid
Waste). (FIRST READING: September 8, 2025, PASSED 7-0)
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: September 29, 2025
Report #:2509-5234
TITLE
SECOND READING: Adoption of Four Ordinances, as Recommended by the Retails Committee to
Amend and Reorganize Stormwater and Wastewater Management Requirements by Amending
PAMC Chapter 16.09 (Sewer Use Ordinance), Amending Chapter 16.11 (Stormwater Pollution
Prevention), Adding New Chapter 16.13 (Requirements for Food Facilities Related to Water
Pollution Prevention and Management of Fats, Oils, and Grease), and Adding New Chapter 16.66
(Hauled Liquid Waste). (FIRST READING: September 8, 2025, PASSED 7-0)
BACKGROUND
The City Council heard this item on September 8, 2025 for a first reading and approved it on a 7-
0 vote. No changes were made to the ordinances, and they are now before the City Council for a
second reading.
ATTACHMENTS
Attachment A: Ordinance of the Council of the City of Palo Alto Amending Chapter 16.09 (Sewer
Use Ordinance) of Title 16 of the Palo Alto Municipal Code to Update the Regulations Related to
Use of the Sanitary Sewer System
Attachment B: Ordinance of the Council of the City of Palo Alto Amending Chapter 16.11
(Stormwater Pollution Prevention) of Title 16 (Building Standards) of the Palo Alto Municipal
Code
Attachment C: Ordinance of the Council of the City of Palo Alto Amending Title 16 of the Palo Alto
Municipal Code to Add a New Chapter 16.13, Requirements for Food Facilities Related to Water
Pollution Prevention and Management of Fats, Oils, and Grease
Attachment D: Ordinance of the Council of the City of Palo Alto Amending Title 16 of the Palo
Alto Municipal Code to Add a New Chapter 16.66 (Hauled Liquid Waste) to Regulate the Discharge
of Hauled Liquid Waste at the Palo Alto Regional Water Quality Control Plant (RWQCP)
APPROVED BY:
Mahealani Ah Yun, City Clerk
*NOT YET APPROVED*
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Ordinance No.
Ordinance of the Council of the City of Palo Alto Amending Chapter 16.09 (Sewer Use
Ordinance) of Title 16 of the Palo Alto Municipal Code to Update the Regulations
Related to Use of the Sanitary Sewer System
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. In order to protect the public health and environment, including the City’s
sanitary sewer system, the Palo Alto Regional Water Quality Control Plant, and San Francisco
Bay, the City has developed and implements a water quality control program;
B. Protection of the City’s sanitary sewer system, the Palo Alto Regional Water
Quality Control Plant, and San Francisco Bay requires strict control of industrial wastewater
discharges;
C. The adoption of this Sewer Use Ordinance is a component of the City’s water
quality control program and establishes the City’s authority to implement state and federally
required industrial wastewater pretreatment programs and standards to control industrial
pollutants that may pass through or interfere with publicly owned treatment works or
contaminate sewage sludge.
SECTION 2. Chapter 16.09 (Sewer Use Ordinance) of Title 16 (Building Regulations) is hereby
repealed and replaced in its entirety to read as follows:
Chapter 16.09
SEWER USE ORDINANCE
Sections:
16.09.005 Purpose and Applicability.
16.09.010 Abbreviations.
16.09.015 Definitions.
16.09.020 Responsibility of the Director.
16.09.025 Confidentiality.
16.09.030 Alternate Materials and Methods.
16.09.035 Limitations on Point of Discharge.
16.09.040 Prohibited Discharge Standards.
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16.09.045 National Categorical Pretreatment Standards.
16.09.050 Standards for Other Wastes.
16.09.055 Local Limits.
16.09.060 City’s Right of Revision.
16.09.065 Dilution.
16.09.070 Unpolluted Water.
16.09.075 Discharge Permit Required.
16.09.080 Discharge Permit Application Procedure.
16.09.085 Discharge Permit Modification.
16.09.090 Inspection and Sampling.
16.09.095 Self-Monitoring.
16.09.100 Monitoring Waiver.
16.09.105 Pretreatment Facilities.
16.09.110 Personnel Orientation.
16.09.115 Accidental Discharge Prevention.
16.09.120 Reporting and Certification Requirements for Industrial Users.
16.09.125 Reports from Unpermitted Users.
16.09.130 Reports of Changed Conditions and Final Closure.
16.09.135 Reports of Potential Problems and Accidental Discharges.
16.09.140 Reports of Noncompliance
16.09.145 Falsification of Information.
16.09.150 Date of Receipt of Reports.
16.09.155 Retention of Records.
16.09.160 Requirements for Sinks and Drains.
16.09.165 Requirements for Newly Constructed, Remodeled, Improved, or Converted
Commercial and Industrial Facilities.
16.09.170 Requirements for Newly Constructed, Remodeled, Improved, or Converted
Multiple-Family Use Residential Properties.
16.09.175 Requirements for Cooling Systems, Pools, Spas, Fountains, Boilers, and Heat
Exchangers.
16.09.180 Requirements for Exceptional Waste.
16.09.185 Root and Pest Control Chemical Use.
16.09.190 Requirements for Dental Facilities.
16.09.195 Publication of Users in Significant Noncompliance.
16.09.200 Enforcement and Penalties.
16.09.205 Permit Denial, Modification, Suspension, or Revocation Hearing
16.09.210 Affirmative Defenses to Discharge Violations: Upset.
16.09.215 Affirmative Defenses to Discharge Violations: Prohibited Discharge Standards.
16.09.220 Affirmative Defenses to Discharge Violations: Bypass.
16.09.225 Pretreatment Charges and Fees.
16.09.230 Obstruction, Damage or Impairment to POTW.
*NOT YET APPROVED*
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16.09.005 Purpose and Applicability.
This Chapter sets forth uniform requirements for users of the Palo Alto Regional Water Quality
Control Plant, a Publicly Owned Treatment Works (POTW), and enables the City and the POTW
to comply with all applicable State and Federal laws, including the Clean Water Act (33 United
States Code [U.S.C.] Section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of
the Code of Federal Regulations [CFR] Part 403), and the water quality requirements set by the
San Francisco Bay Regional Water Quality Control Board and/or the California State Water
Resources Control Board. The objectives of this Chapter are:
(a) To prevent the introduction of pollutants into the POTW that will interfere with
its operation;
(b) To prevent the introduction of pollutants into the POTW that will pass through the
POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;
(c) To protect both POTW personnel who may be affected by wastewater and sludge
in the course of their employment and the general public;
(d) To promote reuse and recycling of wastewater and sludge from the POTW; and
(e) To enable the POTW to comply with its National Pollutant Discharge Elimination
System (NPDES) permit conditions, sludge use and disposal requirements, and any other Federal
or State laws to which the POTW is subject.
It is the intent of the City to update and modify this Chapter as needed to continue to provide a
program for protection of the POTW which is approved by Federal and State regulatory agencies.
Therefore, this Chapter is designed to be no less stringent than the Clean Water Act and the
Effluent Guidelines and Standards published at Title 40 CFR Chapter I, Subchapter N as applicable,
and as such regulations may be amended from time to time. If any provision of this Chapter
conflicts with applicable Federal or State requirements, as amended or updated, the more
stringent and environmentally protective provision shall apply.
This Chapter shall apply to all users of the POTW, including but not limited to, persons within the
City of Palo Alto and persons outside the City who are, by contract with the City, users of the
POTW. This Chapter authorizes the issuance of individual wastewater discharge permits and
general discharge permits; provides for monitoring, compliance and enforcement activities;
establishes administrative review procedures; and requires industrial user reporting.
*NOT YET APPROVED*
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16.09.010 Abbreviations.
The following abbreviations, when used in this Chapter, shall have the designated meanings:
BOD – Biochemical Oxygen Demand
BMP – Best Management Practice
BMR – Baseline Monitoring Report
CFR – Code of Federal Regulations
CIU – Categorical Industrial User
COD – Chemical Oxygen Demand
EPA – United States Environmental Protection Agency
gpd – gallons per day
gpm – gallons per minute
IU – Industrial User
mg/L – milligrams per liter
NPDES – National Pollutant Discharge Elimination System
NSCIU – Non-Significant Categorical Industrial User
PAMC – Palo Alto Municipal Code
POTW – Publicly Owned Treatment Works
PRCC – Periodic Report of Continued Compliance
RCRA – Resource Conservation and Recovery Act
RWQCP – Palo Alto Regional Water Quality Control Plant
SIU – Significant Industrial User
SNC – Significant Noncompliance
STO – Single Toxic Organic
TDS – Total Dissolved Solids
TSS – Total Suspended Solids
TTO – Total Toxic Organics
U.S.C. – United States Code
16.09.015 Definitions.
The following terms and phrases, whenever used in this Chapter, shall be as defined herein.
Terms and phrases used in this Chapter not otherwise defined shall be as defined or interpreted
or used in Title 40 of the CFR.
(a) “A” definitions:
(1) “Amalgam process wastewater” means any wastewater generated and
discharged by a dental discharger through the practice of dentistry that may
contain dental amalgam.
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(2) “Amalgam separator” is a device that employs filtration, settlement,
centrifugation, or ion exchange to remove amalgam and its metal constituents
from a dental office vacuum system before it discharges to the sanitary sewer
system; has been certified under the International Organization for
Standardization’s standard for amalgam separators as capable of removing a
minimum of ninety-five percent of dental amalgam at flow rates comparable to
the flow rate of the actual vacuum suction system in operation; and does not have
any automatic flow bypass.
(3) “Amalgam waste” means and includes non-contact amalgam (amalgam scrap
that has not been in contact with the patient); contact amalgam (including, but
not limited to, extracted teeth containing amalgam); amalgam sludge captured by
chair-side traps, vacuum pump filters, screens, and other amalgam trapping
devices; used amalgam capsules; and leaking or unusable amalgam capsules.
(4) “Annual average concentration” means the average concentration of a
substance measured over any twelve- (12-) month period of time.
(5) “Authorized representative” means an authorized or duly authorized
representative of the industrial user as defined below:
(A) If the user is a corporation:
(i) The president, secretary, treasurer, or a vice-president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making
functions for the corporation; or
(ii) The manager of one or more manufacturing, production, or
operating facilities, provided the manager is authorized to make
management decisions that govern the operation of the regulated
facility including having the explicit or implicit duty of making major
capital investment recommendations, and initiate and direct other
comprehensive measures to assure long-term environmental
compliance with environmental laws and regulations; can ensure
that the necessary systems are established or actions taken to
gather complete and accurate information for discharge permit
requirements; and where authority to sign documents has been
assigned or delegated to the manager in accordance with
corporate procedures.
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(B) If the user is a partnership or sole proprietorship: a general partner
or proprietor, respectively.
(C) If the user is a Federal, State, or local governmental facility: a
director or highest official appointed or designated to oversee the
operation and performance of the activities of the government facility, or
their designee.
(D) The individuals described in subsections (A) through (C), above,
may designate a Duly Authorized Representative if the authorization is in
writing, the authorization specifies the individual or position responsible
for the overall operation of the facility from which the discharge
originates or having overall responsibility for environmental matters for
the organization, and the written authorization is submitted to the
Director.
(6) “Average Daily Blowdown” means the result of dividing the total cooling
system blowdown volume from May 1 through September 30 by the number of
days of operation for the same period.
(b) “B” definitions:
(1) “Berm” means a ridge, lip, or other raised barrier to the flow of liquid which is
not rendered ineffective by the liquid and is sufficiently high to contain anticipated
fluid amounts, or which causes sufficient grade to prevent migration of
anticipated fluid amounts.
(2) “Sewer Best Management Practices” or “BMPs” means schedules of activities,
prohibitions of practices, maintenance procedures, and other management
practices to implement the prohibitions in this Chapter. BMPs include treatment
requirements, operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from materials storage.
(3) “Biochemical oxygen demand” or “BOD” means the quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory
procedures for five (5) days at 20 degrees centigrade, usually expressed as a
concentration (e.g., mg/L).
(c) “C” definitions:
(1) “Categorical industrial user” means an industrial user subject to a categorical
pretreatment standard.
*NOT YET APPROVED*
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(2) “Categorical pretreatment standard” means any regulation containing
pollutant discharge limits promulgated by EPA that apply to a specific category of
industrial users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
(3) “City” means the City of Palo Alto located in the State of California.
(4) “Clean Water Act” means the Federal Water Pollution Control Act, also known
as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.
(5) “Collection system” means the pipelines, pump stations, junction boxes,
channels, and other conveyance apparatus used to move wastewater.
(6) “Composite sample” means a series of samples taken over a given period of
time that accurately represents the average pollutant concentration during said
period of time.
(7) “Cooling system blowdown” means water routinely discharged from a cooling
water system to maintain efficient operation of the system.
(8) “Cooling water” means water which is used to cool fluids or equipment in
commercial or industrial processes or air conditioning systems.
(9) “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.
(10) “Cycles of concentration” means the flow rate of water added to a cooling
tower water system divided by the flow rate of water discharged from the cooling
tower water system.
(d) “D” definitions:
(1) “Dental amalgam” means an alloy of elemental mercury and other metal(s)
that is used in the practice of dentistry.
(2) “Dental discharger” means a facility where the practice of dentistry is
performed, including, but not limited to, institutions, permanent or temporary
offices, clinics, home offices, and facilities owned and operated by Federal, State
or local governments, that discharges wastewater to the sanitary sewer system.
*NOT YET APPROVED*
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(3) “Detection limit” means the minimum concentration of an analyte (substance)
that can be measured and reported with ninety-nine percent (99%) confidence
that the analyte concentration is greater than zero as determined by the
procedures set forth in 40 CFR Part 136, Appendix B.
(4) “Director” means the City’s director of public works, his or her designee or such
other person as may be designated by the city manager.
(5) “Discharge” means the introduction of pollutants into the POTW from any
nondomestic source.
(6) “Discharge permit” or “wastewater discharge permit” means a legal document,
used as a control mechanism, which grants revocable permission and
authorization to discharge wastewater into the sanitary sewer system. Discharge
permits can be issued either to an individual industrial user or applied broadly to
a set of industrial users as a general discharge permit.
(7) "Discharger" means any person or entity who has the potential to or who
discharges, causes, or permits the discharge of any pollutant or of any industrial
or commercial process flows into the sanitary sewer system. Discharger is
inclusive of industrial user.
(e) “E” definitions:
(1) “Environmental Protection Agency” or “EPA” means the United States
Environmental Protection Agency, or where appropriate, the Regional Water
Management Division Director, the Regional Administrator, or other duly
authorized official of said agency.
(2) “Existing source” means any source of discharge that is not a new source.
(f) “F” definitions:
(1) “Fail-safe valve” means a gravity, spring loaded or electrically driven valve that
is normally closed. The valve can be opened by continuously applying pressure or
depressing a switch mechanism that automatically closes the valve when not in
use or depressed.
(2) “Fixer solution” means a solution containing silver used in the photographic
processing of dental x-rays, x-rays, and photographs.
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(g) “G” definitions:
(1) “Grab sample” means a sample that is taken from a wastestream on a one-
time basis with no regard to the flow of the wastestream, taken over a period not
to exceed fifteen (15) minutes.
(h) “H” definitions:
(1) “Hazardous material” means any material so designated by Title 17 of this
code.
(2) “Hazardous waste” means a material designated as a hazardous waste by
Federal, State, or local regulations.
(i) “I” definitions:
(1) “Industrial user” means a discharger of industrial waste to the POTW.
(2) “Industrial waste,” “process wastewater”, or “process waste stream” means
the waste or wastewater from any production, manufacturing,
research/development, groundwater remediation, or processing operation of any
nature including institutional and commercial. Industrial waste shall not include
sewage.
(3) “Instantaneous limit” means the maximum concentration of a pollutant
allowed to be discharged at any time, determined from the analysis of any discrete
or composited sample collected, independent of the industrial flow rate and the
duration of the sampling event.
(4) “Interference” means a discharge that, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its treatment
processes or operations or its sludge processes, use or disposal; and therefore, is
a cause of a violation of the City’s NPDES permit (including an increase in the
magnitude or duration of a violation) or of the prevention of sewage sludge use
or disposal in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder, or any more stringent State or local regulations:
Section 405 of the Clean Water Act; the Solid Waste Disposal Act, including Title II
commonly referred to as the Resource Conservation and Recovery Act (RCRA); any
State regulations contained in any State sludge management plan prepared
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pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic
Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
(j) “J” definitions: Reserved
(k) “K” definitions: Reserved
(l) “L” definitions:
(1) “Local limit” means specific discharge limits developed and enforced by the
City upon industrial or commercial facilities to implement the general and specific
discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
(m) “M” definitions:
(1) “Machine shop” means a fixed facility which cuts, grinds, polishes, deburrs, or
machines metal parts but does not conduct metal finishing as that term is defined
by the EPA in 40 CFR Part 433.
(2) “Multiple-family use” shall be as defined in Title 18 of this code.
(n) “N” definitions:
(1) “New source” means any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of which
commenced after the publication of proposed Pretreatment Standards under
section 307(c) of the Clean Water Act that will be applicable to such source if such
pretreatment standards are thereafter promulgated in accordance with that
section, provided that:
(A) The building, structure, facility, or installation is constructed at a
site at which no other source is located; or
(B) The building, structure, facility, or installation totally replaces the
process or production equipment that causes the discharge of pollutants
at an existing source; or
(C) The production or wastewater generating processes of the
building, structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these are
substantially independent, factors such as the extent to which the new
facility is integrated with the existing building, structure, facility, or
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installation, and the extent to which the new facility is engaged in the
same general type of activity as the existing source, should be considered.
(2) “Noncontact cooling water” means water used for cooling that does not come
into direct contact with any raw material, intermediate product, waste product,
or finished product.
(o) ”O” definitions:
(1) “Oil-water separator” means a receptacle designed and constructed to
intercept, separate, and prevent the passage of oils and sediments into the
sanitary sewer system.
(2) “Once-through cooling system” means a cooling system through which water
passes only once before discharge to the sanitary sewer system, including
laboratory bench top cooling systems.
(3) “Organic solvent” means any solvent which contains carbon in its molecular
structure.
(p) ”P” definitions:
(1) “Pass through” means a discharge which exits the POTW into waters of the
United States in quantities or concentrations which, alone or in conjunction with
a discharge or discharges from other sources, is a cause of a violation of any
requirement or provision of the City's NPDES permit, including an increase in the
magnitude or duration of a violation.
(2) “Person” means any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental entity,
or any other legal entity; or their legal representatives, agents, or assigns. This
definition includes all Federal, State, and local government entities.
(3) “Pretreatment” means the reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant properties in
wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This
reduction or alteration can be obtained by physical, chemical, or biological
processes; by process changes; or by other means, except by diluting the
concentration of the pollutants unless allowed by an applicable pretreatment
standard.
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(4) “Pretreatment requirement” means any substantive or procedural
requirement related to pretreatment imposed on an industrial user other than a
pretreatment standard.
(5) “Pretreatment standards” means prohibited discharge standards, categorical
pretreatment standards, and local limits.
(6) “Pretreatment system” means a treatment system at an industrial or
commercial facility that is designed to reduce the amount of pollutants, eliminate
pollutants, or alter the nature of the pollutant properties in the wastewater prior
to discharge to the sanitary sewer system
(7) “Publicly Owned Treatment Works” or “POTW” means a treatment works, as
defined by section 212 of the Clean Water Act (33 U.S.C. Section 1292), which is
owned by the City. This definition includes any devices or systems used in the
collection, storage, treatment, recycling, and reclamation of sewage or industrial
wastes of a liquid nature and any conveyances, which convey wastewater to a
treatment plant.
(q) “Q” definitions: Reserved
(r) “R” definitions:
(1) “Reasonable Control Measures” or “RCMs” means control technologies, BMPs,
source control practices, and waste minimization procedures which prevent or
reduce the introduction of pollutants to the sanitary sewer system, and are
determined by the Director to be cost effective for particular industry groups,
business types, or specific industrial and commercial processes.
(s) “S” definitions:
(1) “Sampling location” means an access box, valve, spigot, or similar structure
from which samples representative of an industrial or commercial wastewater
discharge from a particular process or processes, piece of equipment, activity,
building, or facility may be collected.
(2) “Sanitary sewer system” means the collection system, all sewers, treatment
plants and other facilities owned or operated by the city for carrying, collecting,
storing, treating, reclaiming and disposing of sanitary sewage and industrial
wastes.
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(3) “Sewage” means human excrement and gray water (household showers,
dishwashing operations, etc.).
(4) “Sewer” means a pipe or conduit for carrying wastewater.
(5) “Significant industrial user” means, except as provided in (C) and (D):
(A) An industrial user subject to categorical pretreatment standards;
or
(B) An industrial user that:
(i) Discharges an average of twenty-five thousand (25,000)
gpd or more of process wastewater to the POTW (excluding
sanitary, noncontact cooling, and boiler blowdown wastewater);
(ii) Contributes a process wastestream which makes up five (5)
percent or more of the average dry weather hydraulic or organic
capacity of the POTW treatment plant; or
(iii) Is designated as such by the Director on the basis that it has
a reasonable potential for adversely affecting the POTW’s
operation or for violating any pretreatment standard or
requirement.
(C) The Director may determine that an industrial user subject to
categorical pretreatment standards is a non-significant categorical
industrial user rather than a significant industrial user on a finding that
the industrial user never discharges more than 100 gpd of total
categorical wastewater (excluding sanitary, non-contact cooling, and
boiler blowdown wastewater, unless specifically included in the
pretreatment standard) and the following conditions are met:
(i) The industrial user, prior to the Director’s finding, has
consistently complied with all applicable categorical pretreatment
standards and requirements;
(ii) The industrial user annually submits the certification
statement required in 40 CFR 403.12(q) together with any
additional information necessary to support the certification
statement; and
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(iii) The industrial user never discharges any untreated
concentrated wastewater.
(D) Upon a finding that an industrial user meeting the criteria in
subsection (B) of this part has no reasonable potential for adversely
affecting the POTW’s operation or for violating any pretreatment
standard or requirement, the Director may at any time, on his or her own
initiative or in response to a petition received from an industrial user,
determine that such industrial user should not be considered a significant
industrial user.
(6) “Simple payback period” means the number of years required to recover the
cost of an investment in water pollution control.
(7) “Single toxic organic” or “STO” shall mean the highest quantifiable value for
any individual toxic organic compound.
(8) “Slug discharge” means any discharge of a non-routine, episodic nature,
including but not limited to an accidental spill or a non-customary batch discharge
which has a reasonable potential to cause interference or pass through, or in any
other way violate the City’s discharge permit conditions, local limits, or
regulations.
(t) “T” definitions:
(1) “Total toxic organics” or “TTO” means the summation of all quantifiable toxic
organic compound concentrations greater than 0.01 mg/L.
(2) “Toxic organic compound” means any organic pollutant listed in 40 CFR
433.11(e) unless otherwise defined by an applicable categorical pretreatment
standard.
(3) “Treatment plant” means that portion of the POTW which is designed to
provide treatment of municipal sewage and industrial waste.
(u) “U” definitions: Reserved
(v) “V” definitions:
(1) “Vehicle” means a mode of transporting people or things. Vehicles include,
but are not limited to, airplanes, automobiles, boats, buses, forklifts,
motorcycles, recreational vehicles, tractors, and trucks.
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(2) “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.
(w) “W” definitions:
(1) “Wastewater” means liquid and water-carried industrial wastes and sewage
from residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which are contributed to
the POTW.
(x) “X” definitions: Reserved
(y) “Y” definitions: Reserved
(z) “Z” definitions:
(1) “Zinc-containing floor finishes” means floor finish solutions containing greater
than 0.01% zinc by weight;
16.09.020 Responsibility of the Director.
The Director shall administer, implement, and enforce the provisions of this Chapter. The Director
shall be responsible for promulgating such orders, rules, and requirements as are necessary to
accomplish the purpose of this Chapter, in accordance with the regulations that are or may be
promulgated by the EPA, the California State Water Resources Control Board, the San Francisco
Bay Regional Water Quality Control Board, the California Department of Public Health, or other
duly authorized boards or agencies. Any powers granted to or duties imposed upon the Director
may be delegated by the Director to a duly authorized City employee.
16.09.025 Confidentiality.
(a) Information and data on an industrial user obtained from reports, surveys,
wastewater discharge permit applications, individual wastewater discharge permits, general
discharge permits, and monitoring programs, and from the Director’s inspection and sampling
activities, shall be available to the public without restriction, unless the industrial user specifically
requests, and is able to demonstrate to the satisfaction of the Director, that the release of such
information would divulge information, processes, or methods of production entitled to
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protection as trade secrets under applicable State law. Any such request must be asserted at the
time of submission of the information or data by stamping the words “confidential business
information” on each page containing such information. When requested and demonstrated by
the discharger furnishing a report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes shall not be made available for
inspection by the public, but shall be made available immediately upon request to governmental
agencies for uses related to the NPDES program or pretreatment program, and in enforcement
proceedings involving the person furnishing the report. Wastewater constituents and
characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as
confidential information and shall be available to the public without restriction.
(b) This Section does not permit a discharger to refuse to disclose information
required pursuant to this Chapter to the Director. A discharger may be prohibited from
discharging a substance unless its composition is made known to the Director.
16.09.030 Alternate Means and Methods.
(a) The Director is authorized to modify any of the provisions of this Chapter upon
application in writing by the owner, a lessee or an authorized representative of the discharger
where there are practical difficulties in the way of carrying out the provisions of this Chapter,
provided that the purpose of this Chapter, as set forth in Section 16.09.005, shall be complied
with, and substantial justice done. The particulars of any such modification and the decision of
the Director shall be entered upon the records of the POTW and a signed copy shall be furnished
to the applicant.
(b) The Director, upon application in writing by the owner, a lessee, or an authorized
representative of the discharger, and on notice to the Director, is authorized to approve alternate
materials or methods, provided that the Director finds that the proposed design, use, or
operation satisfactorily complies with the intent of this Chapter and that the material, method of
work performed, or operation is, for the purpose intended, at least equivalent to that prescribed
in this Chapter in quality and effectiveness in meeting the purposes of this Chapter. Approvals
under the authority herein contained shall be subject to the approval of the Director whenever
the alternate material or method involves matters regulated by this Chapter. The particulars of
any such approval made by the Director shall be entered upon the records of the POTW and a
signed copy shall be furnished to the applicant.
16.09.035 Limitations on Point of Discharge.
No person shall discharge any substances directly into a manhole or other opening in a City sewer
or storm drain system, other than through a City-approved sewer connection or as authorized by
an Exceptional Waste Discharge Permit per Section 16.09.180 of this Chapter.
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16.09.040 Prohibited Discharge Standards.
(a) General prohibitions. No discharger shall introduce or cause to be introduced into
the POTW any pollutant or wastewater which causes pass through or interference. These general
prohibitions apply to all dischargers to the POTW whether or not they are subject to categorical
pretreatment standards or any other National, State, or local pretreatment standards or
requirements.
(b) Specific prohibitions. No discharger shall introduce or cause to be introduced into
the POTW the following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW, including,
but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees Fahrenheit
(60 degrees Centigrade) using the test methods specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 5.0 or greater than 11.0, or otherwise
causing corrosive structural damage to the POTW or equipment;
(3) Solid or viscous substances in amounts which may cause obstruction of the
flow in the POTW but in no case solids greater than one-half inch in any dimension;
(4) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in
a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction
with other pollutants, will cause interference with the POTW;
(5) Wastewater which will inhibit the biological activity in the treatment plant
resulting in interference, but in no case wastewater which causes the temperature at the
introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Centigrade);
(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause interference or pass through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes
within the POTW in a quantity that may cause acute worker health and safety problems;
(8) Trucked or hauled pollutants, except at discharge points designated by the
Director in accordance with Title 16.66 of this code;
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which,
either singly or by interaction with other wastes, are sufficient to create a public nuisance or a
hazard to life, or to prevent entry into the sewers for maintenance or repair;
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(10) Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which
consequently imparts color to the treatment plant’s effluent, thereby violating the City’s NPDES
permit;
(11) Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable State or Federal regulations;
(12) Sludges, screenings, or other residues from the pretreatment of industrial
wastes;
(13) Wastewater causing, alone or in conjunction with other sources, the
treatment plant’s effluent to fail a toxicity test;
(14) Detergents, surface-active agents, or other substances which may cause
excessive foaming in the POTW;
(15) Any substance which, if otherwise disposed of, would be considered a
hazardous waste;
(16) 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 pretreatment unit approved by the Director for removal of zinc; or
(17) Fixer solution without prior pretreatment to meet all applicable limits per
Section 16.09.055 of this Chapter.
(c) Pollutants, substances, or wastewater prohibited by this Section shall not be
processed or stored in such a manner that they could be discharged to the sanitary sewer system.
16.09.045 National Categorical Pretreatment Standards.
(a) Industrial users shall comply with the categorical pretreatment standards found
at 40 CFR Chapter I, Subchapter N, Parts 405-471. In the event of any apparent conflicts between
this Chapter and State or Federal regulations, the most stringent provisions shall apply.
(b) When wastewater subject to a categorical pretreatment standard is mixed with
wastewater not regulated by the same standard, the Director shall impose an alternate limit in
accordance with 40 CFR 403.6(e).
16.09.050 Standards for Other Wastes.
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The Director may establish standards for any wastes not specifically referred to in this Chapter.
These standards shall be published and shall be made available to any person upon request.
16.09.055 Local Limits.
(a) The Director is authorized to establish local limits pursuant to 40 CFR 403.5(c).
(b) The Director may develop best management practices (BMPs), by promulgation
of regulations, in individual wastewater discharge permits, or in general discharge permits, to
implement local limits and the requirements of this Chapter. The Director may require the
implementation of BMPs and require submission of information to evaluate the implementation
and effectiveness of BMPs.
(c) The following pollutant limits are established to protect against pass through and
interference. Unless otherwise specified in this Chapter, no person shall discharge wastewater
containing in excess of the following:
0.1 mg/L Arsenic
5.0 mg/L Barium
0.75 mg/L Beryllium
1.0 mg/L Boron
0.1 mg/L Cadmium
1.0 mg/L Chromium, Hexavalent
2.0 mg/L Chromium, Total
1.0 mg/L Cobalt
0.25 mg/L Copper
0.5 mg/L Cyanide
0.1 mg/L Dissolved Sulfides
65 mg/L Fluoride
5.0 mg/L Formaldehyde
0.5 mg/L Lead
1.0 mg/L Manganese
0.1 mg/L Mercaptans
0.01 mg/L Mercury
0.75 mg/L Methyl Tertiary Butyl Ether (MTBE)
0.5 mg/L Nickel
20 mg/L Oil & Grease
200 mg/L Oil & Grease, Total
1.0 mg/L Phenols
1.0 mg/L Selenium
0.25 mg/L Silver
5,000 mg/L Total Dissolved Solids (TDS) – composite
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10,000 mg/L Total Dissolved Solids (TDS) – grab
0.75 mg/L Toxic Organic, Single (STO)
1.0 mg/L Toxic Organics, Total (TTO)
3,000 mg/L Total Suspended Solids (TSS) – composite
6,000 mg/L Total Suspended Solids (TSS) – grab
2.0 mg/L Zinc
(d) The limits established in subsection (c) of this Section are instantaneous limits,
unless indicated otherwise, and shall apply to all discharges to the POTW at appropriate sampling
locations determined by the Director. All concentrations for metallic substances are for total
metal unless indicated otherwise. The Director may impose mass limitations in addition to the
concentration-based limitations established in subsection (c) of this Section.
(e) The Director may verify compliance with the TTO limit established in subsection
(c) of this Section by sampling and analyzing for only those toxic organic compounds that the
Director has determined may be reasonably expected to be present in an industrial user’s
discharge.
(f) For industrial users with average daily discharges greater than 50,000 gpd through
any single sampling location, pollutant limits shall be one-half of the limit established in
subsection (c) of this Section, with the exception of copper, mercury, MTBE, nickel, and silver, for
which the pollutant limits shall remain 0.25 mg/L, 0.01 mg/L, 0.75 mg/L, 0.5 mg/L, and 0.25 mg/L,
respectively, regardless of flow.
(g) The limit for copper established in subsection (c) of this Section shall apply to all
industrial users, except that:
(1) The maximum copper limit shall be 2.0 mg/L for discharges from cooling
systems with an average daily blowdown less than or equal to 2,000 gpd,
photographic materials processing, dental facilities, vehicle service
facilities, and machine shops.
(A) The copper limit for cooling systems with an average daily
blowdown greater than 2,000 gpd shall be 2.0 mg/L for the first
twelve months of operation. The copper limit shall be reduced to
0.25 mg/L after the first twelve months of operation.
(B) The Director may impose a higher alternative copper limit for
cooling towers when the cycles of concentration routinely exceed
ten. The alternative requirement may consist of an alternative
concentration limit, a mass limit, a specified maintenance
program, or a combination of these.
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(2) Industrial users subject to regulation under 40 CFR Part 413 or 40 CFR Part
433 shall meet either subdivision (A) or (B) of this subsection. These
alternative copper limitations shall apply to discharges from process
operations involving copper solutions or materials prior to mixing with
wastewater not regulated by 40 CFR Part 413 or 40 CFR Part 433.
(A) The annual average concentration of copper discharged shall not
exceed 0.40 mg/L. In addition, all reasonable control measures
established by the Director shall be installed and implemented; or
(B) The annual average mass of copper discharged shall not exceed an
amount specified by the Director in an individual wastewater
discharge permit, which is based upon a waste minimization study
conducted or approved by the Director. The limitation shall be
based upon implementation of those reasonable control measures
having a simple payback period of five years or less. The annual
average mass of copper discharged shall be calculated as a
“rolling” measurement, by multiplying the average daily copper
mass for all samples taken during any twelve-month period by 365.
The annual average copper mass limit may be increased or
decreased by the Director in proportion to increases or decreases
in production at the industrial user’s facility.
(h) The limit for zinc established in subsection (c) of this Section shall not apply to
vehicle service facilities. The maximum zinc limit for vehicle service facilities shall be 4.0 mg/L.
16.09.060 City’s Right of Revision.
The City reserves the right to establish, by ordinance or in individual wastewater discharge
permits, or in general discharge permits, more stringent standards or requirements on discharges
to the POTW to carry out the purpose of this Chapter. No revision of standards or requirements
hereunder shall subject the City to civil liability or penalty for interference with a vested right of
any discharger.
16.09.065 Dilution.
Except where expressly authorized to do so by the Director or an applicable pretreatment
standard or requirement, no industrial user shall ever increase the use of process water, or in any
way, dilute or attempt to dilute a discharge as a partial or complete substitute for adequate
treatment to achieve compliance with a pretreatment standard or requirement or any other
provision of this Chapter. The Director may impose mass limitations on industrial users which are
using dilution to meet applicable pretreatment standards or requirements, or in other cases
when the imposition of mass limitations is appropriate.
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16.09.070 Unpolluted Water.
Unpolluted water shall not be discharged through direct or indirect connection to the sanitary
sewer system unless specifically authorized in writing by the Director. As used in this Section,
unpolluted water includes, but is not limited to, stormwater, surface water, groundwater,
artesian well water, and subsurface drainage which meets all State, Federal, and local
requirements for discharge to surface waters of the United States. The Director may approve the
discharge of such water to the sanitary sewer system only when no reasonable alternative
method of disposal is available.
16.09.075 Discharge Permit Required.
(a) Significant industrial users must obtain an individual wastewater discharge permit
to discharge process wastewater into the POTW.
(b) The Director may require other industrial users to obtain individual wastewater
discharge permits or general discharge permits as necessary to carry out the purpose of this
Chapter.
(c) Any violation of the terms and conditions of an individual wastewater discharge
permit or a general discharge permit shall be deemed a violation of this Chapter and subjects the
permittee to the enforcement provisions set forth in this Chapter. Obtaining an individual
wastewater discharge permit or a general discharge permit does not relieve a permittee of its
obligation to comply with all Federal and State pretreatment standards or requirements or with
any other requirements of Federal, State, and local law, including those that become effective
during the term of the discharge permit.
(d) Any industrial user required to obtain an individual wastewater discharge permit
or a general discharge permit who proposes to begin or recommence discharging into the POTW
must obtain such permit prior to the beginning or recommencing of such discharge. An
application for an individual wastewater discharge permit or general discharge permit, in
accordance with Section 16.09.080 of this Chapter, must be filed at least ninety (90) calendar
days prior to the date upon which any discharge will begin or recommence.
(e) The Director may use general discharge permits to control industrial waste
discharges to the sanitary sewer system if the following conditions are met. All facilities to be
covered by a general discharge permit must:
(1) Involve the same or substantially similar types of operations;
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(2) Discharge the same types of wastes;
(3) Require the same effluent limitations;
(4) Require the same or similar monitoring; and
(5) In the opinion of the Director, are more appropriately controlled under a
general discharge permit than under individual wastewater discharge permits.
(f) An individual wastewater discharge permit or general discharge permit shall
include such conditions as are deemed reasonably necessary by the Director to prevent pass
through or interference, protect the quality of the water body receiving the treatment plant’s
effluent, protect worker health and safety, facilitate sludge management and disposal, ensure
compliance with this Chapter and applicable State and Federal law, and protect against damage
to the POTW. Individual wastewater discharge permits or general discharge permits may include,
but are not limited to the following conditions:
(1) An effective date and expiration date. The expiration date is not to exceed
five (5) years from the effective date of the permit. An individual wastewater discharge permit
or general discharge permit may be issued for a period less than five years from the effective
date of the permit, at the discretion of the Director;
(2) Requirements for the installation and maintenance of pretreatment
technology, pollution control, or construction of appropriate containment devices, designed to
reduce, eliminate, or prevent the introduction of pollutants into the POTW and compliance
schedules for meeting these requirements;
(3) Effluent limitations, including BMPs, based upon applicable pretreatment
standards or requirements;
(4) Self-monitoring, sampling, reporting, notification, and record keeping
requirements. These requirements shall include implementation requirements for best
management practices, identification of pollutants to be monitored, sampling location, sampling
frequency, and sample type based on Federal, State, and local law;
(5) Prohibition of discharge of certain wastewater components;
(6) Installation and maintenance of inspection, sampling, and flow
measurement equipment and facilities;
(7) Limits on average and/or maximum rate of discharges, time of discharge,
and/or requirements for flow regulation and equalization;
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(8) Requirements to control slug discharge, if determined by the Director to
be necessary;
(9) Requiring payment of additional charges to defray increased costs of the
City created by the wastewater discharge;
(10) Implementation of BMPs, specific investigations, or studies to determine
methods of reducing pollutants in the discharge;
(11) The process for seeking a waiver from monitoring and any grant of a
monitoring waiver issued by the Director for a pollutant neither present nor expected to be
present in the Discharge in accordance with Section 16.09.100 of this Chapter.
(12) Statement of non-transferability pursuant to subsection (g); and
(13) Statement of applicable civil and criminal penalties for violation of
Pretreatment Standards and Requirements, and any applicable compliance schedule.
(g) No individual wastewater discharge permit or coverage under a general discharge
permit is transferable without prior written consent of the Director. A change of ownership
(including a transfer of the majority of shares in a corporate discharger) of the waste generating
facility requires submittal of a new discharge permit application and payment of applicable fees.
16.09.080 Discharge Permit Application Procedure.
(a) An applicant for a discharge permit shall complete and submit a discharge permit
application form established by the Director. The Director may require information in addition to
that required on the discharge permit application form as deemed reasonable or necessary to
evaluate the discharge permit application.
(b) All wastewater discharge permit applications and industrial user reports must
contain certification statements signed by an authorized representative.
(c) Completed discharge permit applications shall be filed by the discharger not less
than ninety (90) calendar days in advance of commencing or recommencing discharge. The
discharger shall not commence or recommence discharge prior to obtaining a discharge permit
without specific, interim approval from the Director to discharge during the permitting process.
Discharge permit applications for exceptional waste and root and pest control, as specified in
Sections 16.09.180 and 16.09.185 of this Chapter, are not subject to the ninety (90) calendar day
requirement of this subsection.
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(d) Any industrial user with an expiring individual wastewater discharge permit or
general discharge permit shall apply for permit reissuance by submitting a complete discharge
permit application, in accordance with Section 16.09.080 of this Chapter, not less than ninety
(90) calendar days prior to the expiration of the industrial user’s existing individual wastewater
discharge permit or general discharge permit.
(e) The Director may deny any application for an individual wastewater discharge
permit or coverage under a general discharge permit for good cause, including, but not limited
to, the following reasons:
(1) The application contains false or misleading information;
(2) The issuance of the discharge permit would result in a discharge of such
quantity or strength that the public health, safety, or public or private property are endangered;
(3) The issuance of the discharge permit would cause the POTW to violate any
NPDES permit conditions, or any Federal, State, or local laws or regulations;
(4) The applicant has not provided adequate information to establish that its
discharge will comply with all requirements of this Chapter and with such other terms and
conditions as the Director may deem necessary to include in the applicant's discharge permit;
(5) The applicant has not provided plans for sufficient protection from
accidental discharges to the land, storm drain system, or sanitary sewer system; or
(6) The applicant has failed to pay or has outstanding fees, fines, or penalties
owed to the City.
(f) If the Director denies a permit application, application fees shall not be returned
to the applicant unless the Director has ascertained that a permit is not required to discharge the
wastewater for which the permit application is made.
(g) Incomplete or inaccurate applications will not be processed.
(h) The Director shall post applications for wastewater discharge permits by
significant industrial users on a City web page. Interested parties and other members of the public
may comment on the issuance of a permit within forty-five (45) days of issuance. The permit
effective date shall not be postponed solely because of the submittal of comments, however
comments shall be considered by the Director for incorporation into future permit
modification(s).
16.09.085 Discharge Permit Modification.
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(a) The Director may modify any individual wastewater discharge permit or general
discharge permit for good cause, including, but not limited to, the following reasons:
(1) To incorporate any new or revised Federal, State, or local pretreatment
standards or requirements;
(2) To address significant alterations or additions to the discharger's
operation, processes, or wastewater volume or character since the time of the wastewater
discharge permit issuance;
(3) A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the
POTW, City personnel, or the receiving waters;
(5) Violation of any terms or conditions of the wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the
wastewater discharge permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical pretreatment
standards;
(8) To correct typographical or other errors in the wastewater discharge
permit;
(9) To reflect a transfer of the facility ownership or operation to a new owner
or operator where requested in accordance with Section 16.09.075(g) of this Chapter; or
(10) To implement programs or policies required or requested of the City by
appropriate Federal, State, or local regulatory agencies.
16.09.090 Inspection and Sampling.
(a) The Director may conduct all inspection, surveillance, sampling, records
examination and copying, and monitoring necessary to assure compliance with applicable
Federal, State, and local regulations.
(b) The Director shall have the right to enter, without unreasonable delay, the
premises of any discharger for the purposes of inspection, surveillance, sampling, monitoring,
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records examination and copying, and for performance of any additional duties to assure
compliance with this Chapter and applicable Federal, State, and local regulations. Unreasonable
delays in allowing the Director access to the discharger’s premises shall be a violation of this
Chapter.
(c) If the Director has been refused access to a building, structure, or property, or any
part thereof, and is able to demonstrate probable cause to believe that there may be a violation
of this Chapter, or that there is a need to inspect and/or sample as part of a routine inspection
and sampling program of the City designed to verify compliance with this Chapter or any permit
or order issued hereunder, or to protect the overall public health, safety, and welfare of the
community, the Director may seek issuance of a warrant from the Superior Court of California.
(d) Where a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger shall make necessary
arrangements with its security personnel so that, upon presentation of suitable identification,
the Director shall be permitted to enter without delay for the purposes of performing specific
responsibilities.
(e) The Director may require dischargers to provide and maintain one or more
sampling locations or volume and flow measuring points approved by the Director which will
allow the separate measuring and sampling of industrial waste and sewage. Sampling locations
shall be so located that they are safe and accessible to the Director at any reasonable time during
which discharge may occur.
(f) The Director shall have the right to set up on the discharger’s property, or require
installation of, such devices as are necessary to conduct sampling and/or metering of the
discharger’s operations.
16.09.095 Self-Monitoring.
(a) The Director may require a discharger to conduct a wastewater sampling and
analysis program of a frequency and type sufficient to demonstrate compliance with the
requirements of this Chapter. The Director shall specify the minimum frequency, type, and
number of samples as well as flow monitoring, measuring, and sample analyses to be conducted
by the discharger in the discharge permit. Monitoring not specified in a discharge permit may be
required by the Director as deemed reasonable or necessary to ensure compliance with the
provisions of this Chapter. The Director may also require self-monitoring for facilities for which a
discharge permit has not been issued.
(b) Samples collected to satisfy reporting requirements must be based on data
obtained through appropriate sampling and analysis and must be representative of the
discharger’s discharge. Wastewater monitoring and flow measurement facilities shall be properly
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operated, kept clean, and maintained in good working order at all times. The failure of an
industrial user to keep its monitoring facility in good working order shall not be grounds for the
industrial user to claim that sample results are unrepresentative of its discharge.
(c) Except as indicated in subsections (d) and (e) below, the industrial user must
collect wastewater samples using 24-hour flow-proportional composite sampling techniques,
unless time-proportional composite sampling or grab sampling is authorized by the Director.
Where time-proportional composite sampling or grab sampling is authorized by the Director, the
samples must be representative of the discharge. Using protocols (including appropriate
preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples
collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide,
total phenols, and sulfides the samples may be composited in the laboratory or in the field; for
volatile organics and oil and grease, the samples may be composited in the laboratory. Composite
samples for other parameters unaffected by the compositing procedures as documented in
approved EPA methodologies may be authorized by the Director, as appropriate.
(d) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and
volatile organic compounds must be obtained using grab collection techniques.
(e) For sampling required in support of baseline monitoring and 90-day compliance
reports, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and
grease, sulfide, and volatile organic compounds for facilities for which historical sampling data
do not exist; for facilities for which historical sampling data are available, the Director may
authorize a lower minimum. For PRCCs, the industrial user is required to collect the number of
grab samples necessary to assess and assure compliance with applicable pretreatment standards
and requirements.
(f) The Director may authorize an industrial user to sample for a subset of toxic
organic compounds to verify compliance with the TTO limit established in Section 16.09.055 of
this Chapter based on what the Director has determined may be reasonably expected to be
present in an industrial user’s discharge.
(g) The Director may specify the type of sampling, pH, and flow monitoring
equipment that must be installed by the discharger and used for discharger self-monitoring. Flow
monitoring devices shall be calibrated at a frequency of at least once per year or at an alternative
frequency specified by the Director. pH monitoring devices shall be calibrated at a frequency of
at least once every six months or more frequently if recommended by the manufacturer or at an
alternative frequency as specified by the Director.
(h) All pollutant analyses, including sampling techniques, to be submitted as part of a
discharge permit application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an
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applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the EPA determines that the Part
136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling
and analyses shall be performed by using validated analytical methods or any other applicable
sampling and analytical procedures suggested by the Director or other parties approved by the
EPA. Samples shall be obtained and analyzed at the discharger’s expense. Samples shall be
analyzed by a laboratory accredited by the California State Water Resources Control Board for
the pollutant or pollutant properties being analyzed.
(i) The detection limit used by the discharger for those substances reported as non-
detectable shall be no greater than one-tenth the lowest applicable pretreatment standard.
(j) Records of self-monitoring shall include the following:
(1) Sample Collection Information: date, location, method, preservation, time,
and the name of individual collecting the samples;
(2) Analytical Information: dates, names of analysts, techniques or methods
used, and the results of such analyses.
(k) All records generated pursuant to this Section shall be maintained and made
available for inspection and copying as described in Section 16.09.155 of this Chapter.
16.09.100 Monitoring Waiver.
(a) The Director may authorize an industrial user subject to categorical pretreatment
standards to forego sampling of a pollutant regulated by a categorical pretreatment standard if
the industrial user has demonstrated through sampling and other technical factors that the
pollutant is neither present nor expected to be present in the industrial user’s discharge, or is
present only at background levels from intake water and without any increase in the pollutant
due to activities of the industrial user. This authorization is subject to the following conditions:
(1) The waiver may be authorized where a pollutant is determined to be
present solely due to sanitary wastewater discharged from the facility provided that the sanitary
wastewater is not regulated by an applicable categorical pretreatment standard and otherwise
includes no process wastewater.
(2) The monitoring waiver is valid only for the duration of the effective period
of the individual wastewater discharge permit, but in no case longer than five (5) years. The
industrial user must submit a new request for the waiver before the waiver can be granted for
each subsequent individual wastewater discharge permit.
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(3) In making a demonstration that a pollutant is not present, the industrial
user must provide data from at least one sampling of the facility’s process wastewater prior to
any treatment present at the facility that is representative of all wastewater from all processes.
(4) The request for a monitoring waiver must be signed by an authorized
representative of the industrial user and include the certification statement in 40 CFR
403.6(a)(2)(ii).
(5) Non-detectable sample results may be used only as a demonstration that
a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest
minimum detection level for that pollutant was used in the analysis.
(6) Any grant of the monitoring waiver by the Director must be included as a
condition in the industrial user’s discharge permit. The reasons supporting the waiver and any
information submitted by the industrial user in its request for the waiver shall be maintained by
the Director for a period of three (3) years after expiration of the waiver.
(7) Upon approval of the monitoring waiver and revision of the industrial
user’s discharge permit by the Director, the industrial user must certify on each report that there
has been no increase in the pollutant in its wastestream due to activities of the industrial user, in
accordance with the reporting requirements in 40 CFR 403.12(e)(2)(v).
(8) In the event that a waived pollutant is found to be present or is expected
to be present because of changes that occur in the industrial user’s operations, the industrial
user shall immediately notify the Director and shall monitor for the waived pollutant at least once
during each PRCC reporting period or more frequently if directed by the Director.
(b) This Section does not supersede certification processes and requirements
established in categorical pretreatment standards, except as otherwise specified in the
categorical pretreatment standard.
16.09.105 Pretreatment Facilities.
(a) Industrial users shall provide wastewater pretreatment as necessary to comply
with this Chapter and shall achieve compliance with all categorical pretreatment standards, local
limits, and the prohibitions contained in Section 16.09.040 of this Chapter within the time
limitations specified by EPA, the State, or the Director, whichever is most stringent. Industrial
users shall, at all times, properly operate and maintain all facilities and systems of treatment,
disposal, monitoring, and control (and related appurtenances) which are installed or used by the
industrial user to achieve compliance with this Chapter and/or their wastewater discharge
permit. Any facilities necessary for compliance shall be provided, operated, and maintained at
the industrial user’s expense. All required facilities and systems of treatment and operations and
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maintenance procedures shall be described in detailed plans, operations and maintenance
manuals, and standard operating procedures. Plans, operations and maintenance manuals, and
standard operating procedures shall be submitted to the Director for review, and shall be
acceptable to the Director before such facilities and/or procedures are constructed and/or
implemented. The review of such plans and operating procedures shall in no way relieve the
industrial user from the responsibility of modifying such facilities and/or procedures as necessary
to produce a discharge acceptable to the City under the provisions of this Chapter. Industrial
users shall keep in a state of readiness all systems installed to achieve compliance with the
provisions of this Chapter and/or their wastewater discharge permit. All systems, both those in
service and reserve, shall be inspected and maintained on a regular basis.
(b) Inspection and maintenance records for process and pollution control and
monitoring systems shall be maintained and made available for inspection and copying as
described in Section 16.09.155 of this Chapter.
(c) It shall be unlawful to tamper with, divert flow from, or render inaccurate any
monitoring device or equipment installed or operated to comply with pretreatment standards or
requirements, this Chapter, or a discharge permit. Doing so constitutes falsification of
information as described in Section 16.09.145 of this Chapter.
(d) Whenever deemed necessary, the Director may require industrial users to restrict
their discharge during peak flow periods, designate that certain wastewater be discharged only
into specific sewers, relocate and/or consolidate points of discharge, separate sewage
wastestreams from industrial wastestreams, and such other conditions as may be necessary to
protect the POTW and determine the industrial user’s compliance with the requirements of this
Chapter.
(e) The Director may require any person discharging into the POTW to install and
maintain, on their property and at their expense, a suitable storage and flow-control facility to
ensure equalization of flow. An individual wastewater discharge permit may be issued solely for
flow equalization.
(f) The Director may require any discharger to install settling chambers or equivalent
pretreatment systems where necessary to prevent the entry of inert solids into the sanitary
sewer system. For the purposes of this Section, “inert solids” shall mean solid substances
including, but not limited to: sand, rocks, dirt, glass, metal, wood, bone, or plastic;
(g) Grease, oil, and sand interceptors shall be provided by the discharger when, in the
opinion of the Director, they are necessary for the proper handling of wastewater containing
excessive amounts of grease and oil, or sand; except that such interceptors shall not be required
for residential users. All interception units shall be of a type and capacity approved by the
Director and shall be so located to be easily accessible for cleaning and inspection. Such
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interceptors shall be inspected, cleaned, and repaired at the discharger’s expense in accordance
with guidelines established by the Director. This subsection shall apply in addition to any
applicable requirements of Chapter 16.13 of this Code.
16.09.110 Personnel Orientation.
(a) Dischargers shall take necessary steps to inform appropriate personnel of the
provisions of this Chapter and specifically, any operations and maintenance manuals and
standard operating procedures required by this Chapter. Such personnel shall include, but not be
limited to, workers, contractors, supervisors, and managers whose duties or responsibilities
pertain in any manner to the production, treatment, or disposal of wastes regulated by this
Chapter.
(b) Steps to inform such personnel shall include, but not be limited to:
(1) Orientation of newly employed or assigned personnel prior to
commencement of work and at least annually thereafter;
(2) Posting of signs at work areas indicating approved methods for disposition
of wastes and reporting requirements and instructions for accidental spills and increased
loadings; and
(3) Posting of signs visible from each drainage area (sink, cup sink, floor drain,
etc.) not connected to appropriate treatment indicating “NOTICE – DO NOT DISPOSE OF
CHEMICALS IN THIS DRAIN” or equivalent.
(c) All signs shall be translated into the primary language(s) of personnel whose duties
or responsibilities pertain in any manner to the production, treatment or disposal of wastes
regulated by this Chapter, unless the primary language of all personnel is English.
16.09.115 Accidental Discharge Prevention.
(a) Industrial users 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 Director the industrial user shall install retention basins, dikes, storage tanks, or
other facilities in conformance with Title 17 of this code designed to eliminate, neutralize, offset
or otherwise negate the effects of prohibited materials or wastes which may be accidentally
discharged in violation of Chapter 16.09.
(b) Each industrial user shall notify the City immediately of any changes at its facility
affecting the potential for a slug discharge as required by Section 16.09.135 of this Chapter.
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(c) The Director may require any industrial user to develop, submit, and implement a
slug control plan or take such other action that may be necessary to control slug discharges. A
slug control plan shall contain, at a minimum, the following:
(1) Description of discharge practices, including non-routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the Director of slug discharges, as
required by Section 16.09.135 of this Chapter; and
(4) Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection and maintenance of
storage areas, handling and transfer of materials, loading and unloading operations, control of
plant site runoff, worker training, building of containment structures or equipment, measures for
containing toxic organic pollutants, including solvents, and/or measures and equipment for
emergency response.
16.09.120 Reporting and Certification Requirements for Industrial Users.
(a) Industrial users are subject to the reporting and certification requirements
contained in Title 40 CFR Part 403.
(b) Industrial users shall submit PRCCs to the Director every six months, on January
15th and July 15th of each calendar year. The Director may require more frequent reporting for
individual industrial users as deemed reasonable or necessary to ensure compliance with the
provisions of this Chapter.
(c) All PRCCs must be signed by an authorized representative and contain appropriate
certification statements. If the designation of an authorized representative is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility
or overall responsibility for environmental matters for the company, a new written authorization
satisfying the requirements of this Section must be submitted to the Director prior to or together
with any reports to be signed by an authorized representative.
(d) PRCCs shall be completed according to guidelines established by the Director. In
cases where a pretreatment standard requires compliance with a BMP or pollution prevention
alternative, the industrial user must submit documentation required by the Director or the
categorical pretreatment standard necessary to determine the compliance status of the
industrial user.
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(e) The Director may require information on facility operations in addition to that
required on PRCC forms as deemed necessary to evaluate industrial user compliance during the
reporting period.
(f) If an industrial user subject to the reporting requirements in this Chapter monitors
any regulated pollutant at an appropriate sampling location more frequently than required and
in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, the
results of this monitoring shall be reported in the industrial user’s PRCC.
(g) A discharger determined to be a non-significant categorical industrial user by the
Director pursuant to Section 16.09.015(s)(5)(C) of this Chapter must annually submit the signed
certification in accordance with 40 CFR 403.3(v)(2) and an alternative PRCC required by the
Director.
(h) The Director may establish an electronic submittal program for submission of
reports, documents, and data pursuant to 40 CFR Part 3.
(i) Industrial users that send electronic (digital) documents to the Director to satisfy
the requirements of this Section must meet all Federal, State, and local electronic signature
requirements. Electronic data shall be in a format required by the Director. The Director may
require reporting in both digital and traditional format.
(j) Industrial users that send electronic documents to the Director to satisfy the
requirements of this Section must register for the system online and submit a signed subscriber
agreement to the Director. An electronic submission shall be deemed to have been properly
received by the Director when it is received by the electronic system, accessible by RWQCP staff
and a confirmation is sent to the signatory making the submission. When the sender receives
confirmation and can fully review the submitted materials, the report and related data shall be
considered received.
(k) Electronic submittal of reports, documents, and data by any person under an
electronic submittal program established by the Director is subject to the following
requirements:
(1) A person is subject to any appropriate civil or criminal penalties, or other
remedies under Federal, State or local law for failure to comply with a reporting requirement if
the person does not comply with the applicable provisions of the established electronic submittal
program;
(2) In the event that any submittal under the established electronic submittal
program bears an electronic signature, the electronic signature has the same effect under this
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Section as if the submitting person had instead submitted a paper document with a wet
signature;
(3) Proof that a particular electronic signature device was used to create an
electronic signature included in reports, documents or data submitted under the established
electronic submittal program shall be sufficient to establish that the individual uniquely entitled
to use the electronic signature device at the time of signature did so with the intent to sign the
electronic report, document or data and thereby validate and give effect to the electronic
submittal; and
(4) Nothing in the established electronic submittal program limits the use of
the electronically submitted reports, documents, or data or any information contained therein
as evidence in enforcement proceedings.
(l) Failure to submit required reports by the specified due date shall be considered a
violation of the provisions of this Chapter. The Director may allow submission of required reports
on the following business day in instances where the due date falls on a weekend or a holiday.
16.09.125 Reports from Unpermitted Users.
Dischargers not required to obtain an individual wastewater discharge permit or coverage under
a general discharge permit shall provide reports to the Director as deemed reasonable or
necessary by the Director.
16.09.130 Reports of Changed Conditions and Final Closure.
Each industrial user shall notify the Director of any significant changes to the industrial user’s
operations or system which might alter the nature, quality, or volume of its wastewater, including
but not limited to facility or process closure, at least thirty (30) calendar days before the change.
(a) The Director may require the industrial user to submit such information as may be
deemed necessary to evaluate the changed condition, including the submission of a wastewater
discharge permit application under Section 16.09.080 of this Chapter.
(b) The Director may issue an individual wastewater discharge permit or a general
discharge permit under Section 16.09.075 of this Chapter or modify an existing individual
wastewater discharge permit or a general discharge permit under Section 16.09.085 of this
Chapter in response to changed conditions or anticipated changed conditions.
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(c) For the purposes of this Section, “final closure” means closure of an industrial or
commercial facility when an entire building is being vacated by the current discharger, or when
a discharger’s use of an entire building will no longer include use of hazardous materials. Prior to
final closure of any industrial or commercial facility, the Director may require cleaning,
inspection, and/or testing of the facility’s sanitary sewer lines, appurtenances, and/or devices at
the discharger’s expense 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 at the discharger’s expense
when the discharger’s discharge history at that facility 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 discharger’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 discharger’s discharge permit. Where contaminated
sediments or compromised sewer lines are identified, responses may include, but are not limited
to, requiring replacement of compromised sewer lines and requiring removal of contaminated
sediments from sewer lines at discharger’s expense. In lieu of analytical testing, facilities may
elect to remove sediments from sewer lines in a manner approved by the Director.
16.09.135 Reports of Potential Problems and Accidental Discharges.
(a) In the case of any discharge, including, but not limited to, accidental discharges,
discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug discharge
that might cause problems for the POTW, the discharger shall immediately telephone and notify
the Director of the incident at (650) 329-2122 or (650) 329-2598. If the discharger is unable to
reach a live person at the POTW, the industrial user shall immediately notify the City by calling
the City of Palo Alto 24-hour Dispatch Center at (650) 329-2413. This notification shall include
the location of the discharge, type of waste, concentration and volume, if known, and corrective
actions taken by the discharger.
(b) The discharger shall immediately take action to stop, contain, and cleanup
unauthorized discharges or otherwise stop the noncompliance with this Chapter, and correct the
problem.
(c) Unless directed otherwise by the Director, as soon as practicable and throughout
the incident, the discharger shall collect representative samples at the point of release and at any
impacted sampling location(s) and provide analytical results to the Director.
(d) Within five (5) business days following such discharge, the discharger shall, unless
waived by the Director, submit a detailed written report describing the cause(s) of the discharge
and the measures to be taken by the discharger to prevent similar future occurrences. Such
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notification shall not relieve the discharger of any expense, loss, damage, or other liability which
might be incurred as a result of damage to the POTW, natural resources, or any other damage to
person or property; nor shall such notification relieve the discharger of any fines, penalties, or
other liability which may be imposed pursuant to this Chapter.
(e) A notice shall be permanently posted on the discharger’s bulletin board or other
prominent place advising employees who to call in the event of a discharge described in
subsection (a), above. Employers shall ensure that all employees, who could cause such a
discharge to occur, are advised of the emergency notification procedure.
(f) Significant industrial users are required to notify the Director immediately of any
change at its facility affecting the potential for a slug discharge.
16.09.140 Reports of Noncompliance.
(a) Noncompliance with the provisions of this Chapter, or the provisions of any
discharge permit issued pursuant to this Chapter shall be reported to the Director within
twenty-four (24) hours of becoming aware of the noncompliance. Reports of noncompliance
related to discharge that might cause potential problems for the POTW are to be reported
pursuant to section 16.09.135 of this Chapter. If the noncompliance is related to sampling
performed by an industrial user, the industrial user shall repeat the sampling and analysis and
submit the results of the repeat analysis to the Director within thirty (30) calendar days after
becoming aware of the noncompliance. Resampling by the industrial user is not required if the
City performs sampling at the industrial user’s facility at least once a month, or if the City
performs sampling at the industrial user’s facility between the time when the initial sampling
was conducted and the time when the industrial user or the City receives the results of this
sampling, or if the City has performed the sampling and analysis in lieu of the industrial user.
(b) Such notification shall not relieve the discharger of any expense, loss, damage, or
other liability which might be incurred as a result of damage to the POTW, natural resources, or
any other damage to person or property; nor shall such notification relieve the discharger of any
fines, penalties, or other liability which may be imposed pursuant to this Chapter.
16.09.145 Falsification of Information.
It shall be unlawful for any person to make any false statements, representations, or certifications
in any application, record, report, plan, or other documentation filed, or required to be
maintained, pursuant to this Chapter, an individual wastewater discharge permit, general
discharge permit, or order issued hereunder, or who falsifies, tampers with, diverts flow from, or
knowingly renders inaccurate any monitoring device or method required under this Chapter. A
person who knowingly makes any such false statements, representations, or certifications shall
be subject to:
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(a) The provisions of 18 U.S.C. Section 1001 relating to fraud and false statements;
(b) The provisions of Section 309(c)(4) of the Clean Water Act (33 U.S.C. Section
1319(c)(4) as amended, governing false statements, representations or certification;
(c) The provisions of Section 309(c)(6) of the Clean Water Act (33 U.S.C. Section
1319(c)(6) regarding responsible corporate officers; and
(d) Enforcement under Section 16.09.200 of this Chapter.
16.09.150 Date of Receipt of Reports.
Written reports will be deemed to have been submitted on the date postmarked. For reports
that are not mailed, postage prepaid, into a mail facility serviced by the United States Postal
Service, the date of receipt of the report shall govern.
16.09.155 Retention of Records.
Industrial users subject to the reporting requirements of this Chapter shall retain, and make
available for inspection and copying without unreasonable delay, all records of information
obtained pursuant to this Chapter including, but not limited to, any required monitoring
activities, any additional records of information obtained pursuant to monitoring activities
undertaken by the industrial user independent of such requirements, hazardous waste manifests,
and documentation associated with BMPs. This includes electronic data and information records
maintained and/or submitted in accordance with Section 16.09.120 of this Chapter. Records shall
include the date, exact place, method, and time of sampling, and the name of the person(s) taking
the samples; the dates analyses were performed; who performed the analyses; the analytical
techniques or methods used; and the results of such analyses. All records required to be
maintained by this Chapter shall remain available for a period of at least three (3) years. This
period shall be automatically extended for the duration of any unresolved litigation concerning
the industrial user or the City, or where the industrial user has been specifically notified of a
longer retention period by the Director.
16.09.160 Requirements for Sinks and Drains.
(a) Interior (indoor) floor drains 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. The Director may
allow an exception to this requirement under the following circumstances:
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(1) When the drain is connected to a wastewater treatment unit approved by
the Director;
(2) When the drain is protected from spills by a berm system;
(3) When secondary containment is provided for all such materials and
equipment;
(4) 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;
(5) For industrial process equipment: If the equipment does not contain
hazardous materials or hazardous waste and if all floor drains are equipped with fail-safe valves
which shall be kept closed during periods of operation.
(b) Exterior (outdoor) drains may be connected to the sanitary sewer system only if
the area in which the drain is located is covered and protected from rainwater run-on by berms
and/or grading, and appropriate wastewater pretreatment approved by the Director is provided.
(c) Aspirators connected to laboratory sink faucets are prohibited. Aspirators
designed and used for transferring acids and bases from stationary, permanent laboratory sinks
to treatment facilities shall be allowed.
(d) No chemicals or hazardous material shall be stored above a sink that is connected
to the sanitary sewer system. Laboratory countertops and laboratory sinks shall be separated by
a berm which prevents hazardous materials spilled on the countertop from draining to the sink.
(e) 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 Director. The Director may grant an exception to this requirement for areas
where mercury or mercury-containing equipment will not be stored or used; provided, that in
the event such an exception is granted and mercury or mercury-containing equipment is
subsequently stored or used in the area, the sink trap shall be retrofitted at the discharger’s
expense to meet this requirement prior to storage or use of mercury or mercury-containing
equipment.
16.09.165 Requirements for Newly Constructed, Remodeled, Improved, or Converted
Commercial and Industrial Facilities.
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(a) The following requirements apply, where applicable or necessary to effectuate the
objectives of this Chapter, to new construction, remodels, improvement, or conversions of
commercial and industrial facilities that require a planning entitlement or building permit from
the City:
(1) Dischargers of industrial waste shall be in full compliance with the
provisions of this Chapter prior to commencement of discharge into the sanitary sewer system;
(2) Upon request of the Director, dischargers shall complete a waste
minimization study in accordance with guidelines established by the Director;
(3) Industrial waste shall be separated from sewage by means of separate
plumbing prior to a point determined acceptable by the Director for location of industrial waste
pretreatment and/or monitoring equipment;
(4) Sinks as well as exterior and interior drains are subject to the requirements
of and shall be in compliance with Section 16.09.160 of this Chapter;
(5) Copper, copper alloys, lead, and lead alloys, including brass, shall not be
used in sewer lines, connectors, or seals coming in contact with sanitary sewage except for
domestic waste sink traps and short lengths of associated connecting pipes where alternate
materials are not practical;
(6) Sacrificial zinc anodes are not permitted to be in contact with the water
supply in a water distribution system;
(7) Discharge drains for pools, spas, and fountains shall not be connected
directly to the storm drain system or to the sanitary sewer system.
(8) 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 (12) months or more
frequently if recommended by the manufacturer or required by the Director. Installation,
certification, and maintenance records shall be maintained and made available for inspection and
copying as described in Section 16.09.155 of this Chapter. Oil-water separators shall have a
minimum capacity of 100 gallons;
(9) Mercury switches shall not be installed in sewer or storm drain sumps;
16.09.170 Requirements for Newly Constructed, Remodeled, Improved, or Converted
Multiple-Family Use Residential Properties.
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(a) The following requirements apply, where applicable or necessary to effectuate the
objectives of this Chapter, to newly constructed, remodeled, improved, or converted multiple-
family use residential properties that require a planning entitlement or building permit from the
City to the extent that the portion of the property to be constructed, remodeled, or converted is
related to the subject of the requirement:
(1) Sinks as well as interior and exterior drains are subject to the requirements
of and shall be in compliance with Section 16.09.160 of this Chapter;
(2) Copper, copper alloys, lead, and lead alloys, including brass, shall not be
used in sewer lines, connectors, or seals coming in contact with sanitary sewage except for
domestic waste sink traps and short lengths of associated connecting pipes where alternate
materials are not practical;
(3) Sacrificial zinc anodes are not permitted to be in contact with the water
supply in a water distribution system;
(4) Discharge drains for pools, spas, and fountains shall not be connected
directly to the storm drain system or to the sanitary sewer system. When draining is necessary
the discharge to the sanitary sewer system will be allowed pursuant to permitting requirements
under Section 16.09.180.
(5) If installed, parking garage floor drains on interior levels shall be connected
to an oil-water separator prior to discharging into the sanitary sewer system. The oil-water
separator shall be cleaned at a frequency of at least once every twelve (12) months or more
frequently if recommended by the manufacturer or required by the Director. Installation,
certification, and maintenance records shall be maintained and made available for inspection and
copying as described in Section 16.09.155 of this Chapter. Oil-water separators shall have a
minimum capacity of 100 gallons;
(6) Newly constructed, remodeled or converted multiple-family use
residential properties and residential development projects with 25 or more units shall provide
a covered area for occupants to wash their vehicles. A drain shall be installed to capture all vehicle
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
twelve (12) months or more frequently if recommended by the manufacturer or required by the
Director. Oil-water separators shall have a minimum capacity of 100 gallons. The area shall be
graded or bermed in such a manner as to prevent the discharge of stormwater to the sanitary
sewer system. This requirement can be exempted if no washing is allowed on-site via rental/lease
agreement, any hose bibs are to be fitted with lock-outs or other connection controls, and
signage is posted indicating that car washing is not allowed;
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(7) Mercury switches shall not be installed in sewer or storm drain sumps;
16.09.175 Requirements for Cooling Systems, Pools, Spas, Fountains, Boilers, and Heat
Exchangers.
(a) Once-through cooling water from systems using potable water as a coolant shall
not be discharged to the sanitary sewer system except in the following instances:
(1) Emergency;
(2) For once-through cooling water used for bench top reflux or distillation or
other similarly sized activity; or
(3) For short term use only, upon the determination that the use is for a
research activity for which another source of cooling is not readily available.
(b) No person shall add to cooling systems, pools, spas, fountains, boilers, or heat
exchangers, any substance that contains any of the following:
(1) Chromium in excess of 2.0 mg/L;
(2) Copper in excess of 2.0 mg/L;
(3) Zinc in excess of 2.0 mg/L;
(4) Tributyltin in excess of 0.1 mg/L or
(5) Molybdenum in excess of 2.0 mg/L.
The above limits shall apply to any of the above-listed substances pri
to dilution in the cooling system, pool, spa, fountain, boiler, or heat exchanger.
(c) Cooling towers shall be equipped with flow monitoring equipment for the
measurement of makeup water and blowdown.
(d) Devices using electricity to dissolve copper or silver into water distribution
systems, cooling systems, pools, spas, or fountains must be authorized by the Director in writing.
16.09.180 Requirements for Exceptional Waste.
(a) A discharger may submit a discharge permit application form established by the
Director to request to discharge prohibited wastes not in conformance with this Chapter or
wastes containing concentrations of substances or characteristics in excess of those permitted
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by this Chapter. Discharge originating within the City of Palo Alto of such wastes shall not be
allowed without first obtaining a discharge permit from the Director.
(b) Exceptional wastes, as used in this Section, are aqueous wastes that may include,
but are not limited to:
(1) Construction site dewatering wastewater where soil or groundwater
contamination is or may be present;
(2) Groundwater contaminated with organic solvents generated as a result of
pump tests in preparation for a groundwater cleanup and wastewater generated during sampling
activities;
(3) Aqueous wastes generated by either permanent or mobile hazardous
waste treatment units used to treat hazardous wastes at the generator’s site;
(4) Aqueous wastes generated as a result of site cleanup activities;
(5) Pool drainage greater than 20,000 gallons. Pools that are 20,000 gallons or
less may be drained with a hose or other temporary system or a fixed pipe with an air gap an
receiving sink to a discharger’s sanitary sewer cleanout pursuant to Section 16.09.170 without an
Exceptional Waste Discharge Permit if done so during dry weather and at a rate of 30 gpm or
less; or
(6) Fire sprinkler system flush, test, or drain water discharged at a rate greater
than 30 gpm. Fire sprinkler system flush, test, or drain water discharged at a rate less than 30
gpm may be drained to a discharger’s sanitary sewer cleanout without an Exceptional Waste
Discharge permit.
(c) The maximum allowable limit for copper for exceptional wastes to the sanitary
sewer system shall be 2.0 mg/L.
16.09.185 Root and Pest Control Chemical Use.
(a) No person shall discharge, dispose of or add to the sanitary sewer system any
substance intended to control roots or pests without first obtaining a discharge permit from the
Director. Applicants for a discharge permit shall submit a completed discharge permit application
form established by the Director.
(b) The Director may impose terms and conditions in the discharge permit which the
Director deems reasonable or necessary to carry out the purpose of this Chapter.
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(c) No person shall discharge, dispose of, or add to the sanitary sewer system any
substance containing greater than five percent copper by weight, or copper sulfate in any
amount, to control roots.
(d) The provisions of this Section shall not apply to discharges from residential
properties.
16.09.190 Requirements for Dental Facilities.
(a) Except as provided in Subsection (b) below, no person shall discharge, cause,
allow, or permit any discharge to the sanitary sewer system from a dental vacuum system, unless
such discharge has first been processed through an amalgam separator as defined by Section
16.09.015 of this Chapter.
(b) A dental vacuum system may be operated without an amalgam separator
provided that the system is not used in connection with the removal or placement of fillings that
contain dental amalgam except in limited emergency or unplanned, unanticipated
circumstances, and the system is used exclusively by the following types of dental practices:
(1) Oral Pathology;
(2) Oral and Maxillofacial Radiology;
(3) Oral and Maxillofacial Surgery;
(4) Orthodontics;
(5) Periodontics; or
(6) Prosthodontics.
(c) Dental dischargers shall submit reports for each facility in accordance with
guidelines established by the Director.
(d) Dental dischargers that remove or place dental amalgam shall comply with the
following BMPs:
(1) Amalgam separators shall be maintained in accordance with manufacturer
recommendations. Installation, certification, and maintenance records shall be maintained and
made available for inspection and copying as described in Section 16.09.155 of this Chapter;
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(2) Amalgam separator(s) shall be inspected in accordance with the
manufacturer’s operating manual to ensure proper operation and maintenance of the
separator(s) and to confirm that all amalgam process wastewater is flowing through the amalgam
retaining portion of the amalgam separator(s). In the event that an amalgam separator is not
functioning properly, the amalgam separator must be repaired consistent with manufacturer
instructions or replaced with a compliant unit within ten (10) business days after the malfunction
is discovered by the dental discharger;
(3) Amalgam retaining units shall be replaced in accordance with the
manufacturer’s schedule as specified in the manufacturer’s operating manual or when the
amalgam retaining unit has reached the maximum level, as specified by the manufacturer in the
operating manual, at which the amalgam separator can perform to the specified efficiency,
whichever comes sooner;
(4) Dental office personnel who handle amalgam and amalgam waste shall be
trained in the proper handling, management, and disposal of mercury-containing materials.
Training records shall be maintained and made available for inspection and copying in accordance
with Section 16.09.155 of this Chapter;
(5) Amalgam waste including, but not limited to dental amalgam from chair-
side traps, screens, vacuum pump filters, dental tools, cuspidors, or collection devices shall not
be discharged to the sanitary sewer system. Amalgam waste shall be stored, managed and
disposed in accordance with applicable Federal, State, and local regulations including the
following;
(A) Store and dispose of used chair-side traps, vacuum pump filters,
screens, and their contents with amalgam waste.
(B) Store amalgam waste in airtight, structurally sound, and appropriately
labeled containers.
(6) Oxidizing or acidic cleaners, including but not limited to bleach, chlorine,
iodine, and peroxide, that have a pH lower than 6 or greater than 8 shall not be used to disinfect
dental unit water lines, chair-side traps, and vacuum lines that discharge amalgam process
wastewater to the sanitary sewer system; and
(7) The use of bulk mercury is prohibited. Only pre-capsulated dental
amalgam is permitted.
(e) Records required to be kept pursuant to this Section shall be maintained and made
available for inspection and copying as described in Section 16.09.155 of this Chapter.
16.09.195 Publication of Users in Significant Noncompliance.
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The Director shall publish at least annually, in a newspaper of general circulation that provides
meaningful public notice within the jurisdictions served by the POTW, a list of the industrial users
which, at any time during the previous twelve (12) months, were in significant noncompliance
with applicable pretreatment standards and requirements. For the purposes of this Section, a
significant industrial user (or any industrial user that violates subsections (c), (d), or (h) of this
Section) is in significant noncompliance if its violation meets one or more of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six percent (66%) or more of all of the measurements taken for the same pollutant
parameter during a six- (6-) month period exceed (by any magnitude) a numeric pretreatment
standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);
(b) Technical review criteria (TRC) violations, defined here as those in which thirty-
three percent (33%) or more of all of the measurements taken for the same pollutant parameter
during a 6-month period equal or exceed the product of the numeric pretreatment standard or
requirement including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the
applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except
pH);
(c) Any other violation of a pretreatment standard or requirement as defined by 40
CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that
the Director determines has caused, alone or in combination with other discharges, interference
or pass through (including endangering the health of City personnel or the general public);
(d) Any discharge of a pollutant that has caused imminent endangerment to human
health, welfare, or to the environment or has resulted in the POTW’s exercise of its emergency
authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
(e) Failure to meet, within ninety (90) days after the scheduled date, a compliance
schedule milestone contained in an individual wastewater discharge permit or a general
discharge permit or enforcement order for starting construction, completing construction, or
attaining final compliance;
(f) Failure to provide, within forty-five (45) days after the due date, required reports
such as baseline monitoring reports, ninety- (90-) day compliance reports, periodic self-
monitoring reports (PRCC), and reports on compliance with compliance schedules;
(g) Failure to accurately report noncompliance; or
(h) Any other violations or group of violations, which may include a violation of BMPs,
which the Director determines will adversely affect the operation or implementation of the
pretreatment program.
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16.09.200 Enforcement and Penalties.
(a) Warning. When the Director finds that a discharger has violated, or continues to
violate, any provision of this Chapter, an individual wastewater discharge permit, a general
discharge permit, or order issued hereunder, or any other pretreatment standard or
requirement, the Director may issue verbal or written warnings in response to minor violations
of this Chapter. Compliance with warnings does not limit further enforcement action by the City.
Warnings shall not be a prerequisite to any other enforcement action, including permit
suspension or revocation as described in subsection c below.
(b) Notice of violation. When the Director finds that a discharger has violated, or
continues to violate, any provision of this Chapter, an individual wastewater discharge permit, a
general discharge permit, or order issued hereunder, or any other pretreatment standard or
requirement, the Director may serve upon that discharger a written notice of violation (NOV).
The NOV may include a deadline to correct such violation(s), or to respond with an explanation
of the violation(s) and a plan for the satisfactory correction and prevention thereof. Submission
of such a plan in no way relieves the discharger of liability for any violations occurring before or
after receipt of the NOV. Nothing in this Section shall limit the authority of the Director to take
any action, including emergency actions or any other enforcement action, without first issuing a
notice of violation.
(c) Permit revocation or suspension. Subject to the procedural requirements of
Section 16.09.205 of this Chapter, the Director may revoke or suspend an individual wastewater
discharge permit or coverage under a general discharge permit for good cause, including, but not
limited to, the following reasons:
(1) Failure to notify the Director of significant changes to the wastewater prior
to the changed discharge;
(2) Failure to provide prior notification to the Director of changed conditions
pursuant to Section 16.09.130 of this Chapter;
(3) Misrepresentation or failure to fully disclose all relevant facts in the
discharge permit application;
(4) Falsifying self-monitoring reports and certification statements;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Director timely access to the facility premises and
records;
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(7) Failure to meet effluent limitations;
(8) Failure to pay fees, fines, sewer charges, or penalties;
(10) Failure to meet compliance schedules;
(11) Failure to complete a discharge permit application;
(12) Failure to provide advance notice of the transfer of business ownership of
a permitted facility; or
(13) Violation of any pretreatment standard or requirement, term of the
individual wastewater discharge permit, general discharge permit, or provision of this Chapter.
(d) Required installation of capture system. The Director may order that a discharger
install, at the expense of the discharger, a temporary system for the capture, treatment, testing,
and release (or off-haul) of wastewater, subject to the following:
(1) This requirement will apply to facilities that have produced multiple
violations for the same parameter at the same sampling point or repeat violation of permit
provisions, when the Director determines that appropriate corrective measures have proved
difficult to identify or implement;
(2) This requirement will apply only to those specific areas of a facility from
which the Director determines that the discharge or noncompliance 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 or to segregate said flows;
(3) If the Director determines that a capture system is impractical, the Director
may require an alternative compliance measure of equivalent effectiveness; and
(4) This requirement will be terminated following a demonstration of
compliance as determined by the Director. The sampling required to demonstrate compliance
for violations of pollutant limits shall be set by the Director and may be up to twenty-one (21)
consecutive business days of violation-free self-monitoring by the discharger followed by up to
ten (10) days of violation-free sampling by the Director.
(e) Cease and desist orders. When the Director finds that a discharger has violated,
or continues to violate, any provision of this Chapter, an individual wastewater discharge permit,
a general discharge permit or order issued hereunder, or any other pretreatment standard or
requirement, or that the discharger’s past violations are likely to recur, the Director may issue an
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order to the discharger directing it to cease and desist all such violations and directing the
discharger to:
(1) Immediately comply with all pretreatment requirements and
pretreatment standards contained in this Chapter; and
(2) Take such appropriate remedial or preventative action as may be needed
to properly address a continuing or threatened violation, including halting operations and/or
terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a
prerequisite for, taking any other action against the discharger.
(f) Administrative compliance order. When the Director finds that a discharger has
violated, or continues to violate, any provision of this Chapter, an individual wastewater
discharge permit, a general discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the Director may issue a compliance order to the
discharger in accordance with Chapter 1.16 of this code. If the discharger does not come into
compliance within the time provided, sewer service may be discontinued unless adequate
treatment facilities, devices, or other related appurtenances are installed and properly operated,
in addition to any other relief allowed by Chapter 1.16 or any other law. Compliance orders also
may contain other requirements to address the noncompliance, including additional self-
monitoring and management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline for compliance
established for a pretreatment standard or requirement, nor does a compliance order relieve the
discharger of liability for any violation, including any continuing violation. Issuance of a
compliance order shall not be a bar against, or a prerequisite for, taking any other action against
the discharger.
(g) Administrative citation. When the Director finds that a discharger has violated, or
continues to violate, any provision of this Chapter, an individual wastewater discharge permit, a
general discharge permit, or order issued hereunder, or any other pretreatment standard or
requirement, the Director may issue an administrative citation in accordance with Chapter 1.12
of this code. Issuance of an administrative citation shall not be a bar against, or a prerequisite
for, taking any other action against the person.
(h) Emergency suspension. The Director may immediately order a discharger to
suspend any discharge, after informal notice, whenever such suspension is necessary to stop an
actual or threatened discharge, which reasonably appears to present, or cause an imminent or
substantial endangerment to the health or welfare of persons. The Director may also immediately
order a discharger to suspend any discharge, after notice and opportunity to respond, that
threatens to interfere with the operation of the POTW, or which presents, or may present, an
endangerment to the environment. Any discharger notified of a suspension shall immediately
stop or eliminate its discharge. In the event of a discharger’s failure to immediately comply
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voluntarily with the suspension order, the Director may take such steps as deemed necessary,
including immediate severance of the sewer connection, to prevent or minimize damage to the
POTW, its receiving stream, or endangerment to any persons. Such suspension shall be effective
immediately, but shall be reviewable pursuant to the hearing process provided in Section
16.09.205 of this Chapter. The Director may allow the discharger to recommence its discharge
when the discharger has demonstrated to the satisfaction of the Director that the period of
endangerment has passed, unless the emergency termination or permit revocation proceedings
in Section 16.09.200 of this Chapter are initiated against the discharger.
(i) Emergency termination of discharge. The City reserves the right to revoke any
permit issued pursuant to this Chapter and/or terminate or cause to be terminated sewer service
to any premises for noncompliance with the provisions of this Chapter, an individual wastewater
discharge permit, a general discharge permit, which reasonably appear to present an imminent
endangerment to the health, safety, and welfare of persons. The discharger shall immediately
cease any noncompliant discharge, upon verbal and/or written notice of the Director. Such
termination shall be effective immediately, but shall be reviewable pursuant to the hearing
process provided in Section 16.09.205 of this Chapter.
(j) Injunctive relief. When the Director finds that a discharger has violated, or
continues to violate, any provision of this Chapter, an individual wastewater discharge permit, a
general discharge permit, or order issued hereunder, or any other pretreatment standard or
requirement, the Director may petition the Superior Court of California through the City Attorney
for the issuance of a temporary or permanent injunction, as appropriate, which restrains or
compels the specific performance of the individual wastewater discharge permit, the general
discharge permit, order, or other requirement imposed by this Chapter on activities of the
discharger. The Director may also seek such other action as is appropriate for legal and/or
equitable relief, including a requirement for the discharger to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking
any other action against a discharger.
(k) Civil penalties.
(1) Any person who has violated, or continues to violate any provision of this
Chapter, an individual wastewater discharge permit, a general discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement shall be liable to the City for a
maximum civil penalty of up to twenty-five thousand dollars ($25,000) per day for each day in
which such violation occurs. In the case of a monthly or other long-term average discharge limit,
penalties shall accrue for each day during the period of the violation.
(2) The City may petition the Superior Court of California pursuant to
Government Code Section 54740 to recover the sums in subsection (k)(1) of this Section as well
as reasonable attorneys’ fees, court costs, and other expenses associated with enforcement
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activities, including sampling and monitoring expenses, and the cost of any actual damages
incurred by the City.
(3) Filing a suit for civil penalties shall not be a bar against, or a prerequisite
for, taking any other action against a discharger.
(l) Criminal penalties. As provided in Chapter 1.08 of this code, violations of the
provisions of this Chapter shall be subject to criminal penalties. The following employee positions
are authorized to exercise the authority provided in California Penal Code section 836.5 for
violations of this Chapter: manager watershed protection, senior engineer, manager
environmental control program, associate engineer, senior industrial waste investigator,
industrial waste investigator, industrial waste inspector.
(m) Remedies nonexclusive. The remedies provided for in this Chapter are cumulative
and not exclusive, and shall be in addition to the provisions of Chapters 1.08, 1.12, and 1.16 of
this code, and all other remedies available to the City under Federal, State, or local law. The
Director may take any, all, or any combination of these actions against a noncompliant
discharger. Enforcement actions may be taken concurrently.
16.09.205 Permit Denial, Modification, Suspension, or Revocation Hearing.
(a) An applicant or permit holder shall have at its request, a hearing before the city
manager, or their designee, before the applicant’s discharge permit application is denied, or
before modification, subjugation to additional terms and conditions, reissuance, suspension, or
revocation of a discharger’s discharge permit.
(b) The Director, or their designee, shall give the applicant or permit holder ten (10)
calendar days written notice of intent to deny the applicant’s discharge permit application or to
modify, make subject to additional terms, suspend, or revoke a discharge permit. Permit
modifications that are requested by the discharger, that solely entail a permit term extension, or
result from facility final closure are not subject to this notification requirement. The notice shall
set forth specifically the grounds for the Director’s intention to deny the applicant’s discharge
permit application, or to modify, make subject to additional terms, suspend, or revoke a
discharge permit and shall inform the applicant or permit holder that they have ten (10) calendar
days from the date of receipt of the notice to file a written request for a hearing. The application
shall be denied or the permit shall be revoked, modified, or suspended if a hearing request is not
received within the ten day period.
(c) If the applicant or permit holder file(s) a timely hearing request, the city manager,
or their designee, shall within ten (10) calendar days from the receipt of the request, set a time
and place for the hearing. All parties involved shall have the right to offer testimonial,
documentary, and tangible evidence bearing on the issues and to be represented by counsel.
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The decision of the city manager, or designee, whether to deny the discharge permit application
or to modify, make subject to additional terms, suspend, or revoke the discharge permit shall be
final.
(d) Nothing in this Section shall limit the authority of the Director to take any
emergency enforcement actions as specified in Section 16.09.200 of this Chapter.
16.09.210 Affirmative Defenses to Discharge Violations: Upset.
(a) For the purposes of this Section “upset” means an exceptional incident in which
there is unintentional and temporary noncompliance with categorical pretreatment standards
because of factors beyond the reasonable control of the industrial user. An upset does not
include noncompliance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless
or improper operation.
(b) An upset shall constitute an affirmative defense to an action brought for
noncompliance with categorical pretreatment standards if the requirements of subsection (c),
below, are met.
(c) An industrial user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and the industrial user can identify the cause(s) of the
upset;
(2) The facility was at the time being operated in a prudent and workman-like
manner and in compliance with applicable operation and maintenance procedures and discharge
permit conditions; and
(3) The industrial user has submitted the following information to the Director
within twenty-four (24) hours of becoming aware of the upset (if this information is provided
orally, a written submission must be provided within five (5) calendar days):
(A) A description of the indirect discharge and cause of
noncompliance;
(B) The period of noncompliance, including exact dates and times or, if
not corrected, the anticipated time the noncompliance is expected to continue; and
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(C) Steps being taken and/or planned to reduce, eliminate, and
prevent recurrence of the noncompliance.
(d) In any enforcement proceeding, the industrial user seeking to establish the
occurrence of an upset shall have the burden of proof.
(e) Industrial users shall have the opportunity for a judicial determination on any
claim of upset only in an enforcement action brought for noncompliance with categorical
pretreatment standards.
(f) Industrial users shall control production of all discharges to the extent necessary
to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure
of its treatment facility until the facility is restored or an alternative method of treatment is
provided. This requirement applies in the situation where, among other things, the primary
source of power of the treatment facility is reduced, lost, or fails.
16.09.215 Affirmative Defenses to Discharge Violations: Prohibited Discharge Standards.
(a) An industrial user shall have an affirmative defense in any action brought against
it for noncompliance with the general prohibitions established in Section 16.09.040 of this
Chapter and the specific prohibitions established in subsections (b)(3) through (b)(7) and (b)(9)
through (b)(17) of Section 16.09.040 of this Chapter if it can prove that it did not know, or have
reason to know, that its discharge, alone or in conjunction with discharges from other sources,
would cause pass through or interference and that either:
(1) A local limit exists for each pollutant discharged and the industrial user was
in compliance with each limit directly prior to, and during, the pass through or interference; or
(2) No local limit exists, but the discharge did not change substantially in
nature or constituents from the industrial user’s prior discharge when the City was regularly in
compliance with its NPDES permit, and in the case of interference, was in compliance with
applicable sludge use or disposal requirements.
16.09.220 Affirmative Defenses to Discharge Violations: Bypass.
(a) For the purposes of this Section the following terms and phrases shall be as
defined herein:
(1) “Bypass” means the intentional diversion of wastestreams from any
portion of an industrial user’s treatment facility; and
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(2) “Severe property damage” means substantial physical damage to
property, damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be expected to occur
in the absence of a bypass. Severe property damage does not mean economic loss caused by
delays in production.
(b) An industrial user may allow any bypass to occur which does not cause
pretreatment standards or requirements to be violated, but only if the bypass is for essential
maintenance to assure efficient operation or there are no feasible alternatives to the bypass.
These bypasses are not subject to the provision of subsections (d) through (f) of this Section.
(c) If an industrial user knows in advance of the need for bypass, it shall submit prior
notice to the Director at least ten (10) calendar days before the date of the bypass, or if the need
for bypass becomes known less than ten (10) calendar days in advance, as soon as possible prior
to the bypass.
(d) An industrial user shall submit oral notice to the Director of an unanticipated
bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the
time it becomes aware of the bypass per Section 16.09.135 of this Chapter. A written submission
shall also be provided to the Director within five (5) calendar days of the time the industrial user
becomes aware of the bypass. The written submission shall contain a description of the bypass
and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has
not been corrected, the anticipated time it is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written
report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.
(e) Bypass is prohibited, and the Director may take enforcement action against an
industrial user for a bypass, unless;
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
(2) There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate back-up equipment
should have been installed in the exercise of reasonable engineering judgment to prevent a
bypass which occurred during normal periods of equipment downtime or preventative
maintenance; and
(3) The industrial user submitted notices as required under subsections (c) or
(d) of this Section.
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(f) The Director may approve an anticipated bypass, after considering its adverse
effects, if the Director determines that it will meet the three conditions listed in subsection (e) of
this Section.
16.09.225 Pretreatment Charges and Fees.
The City may adopt reasonable fees for reimbursement of costs of setting up and operating the
City’s pretreatment program, which may include:
(a) Fees for discharge permit applications including the cost of processing such
applications;
(b) Fees for monitoring, inspection, and surveillance procedures including the cost of
collection and analyzing a discharger’s discharge, and reviewing monitoring reports and
certification statements submitted by dischargers;
(c) Fees for filing appeals;
(d) Fees to recover administrative and legal costs (not included in subsection (b) of
this Section) associated with the enforcement activity taken by the Director to address discharger
noncompliance; and
(e) Other fees as the City may deem necessary to carry out the requirements of this
Chapter.
16.09.230 Obstruction, Damage or Impairment to POTW.
Dischargers shall be responsible for and liable to the City for any discharge that causes an
obstruction, damage, or any other impairment to the POTW. When a discharge causes an
obstruction, damage, or any other impairment to the POTW, the City may assess a charge against
the discharger to reimburse the City for costs incurred to clean or repair said obstruction,
damage, or impairment.
SECTION 3. This amended ordinance shall apply to all permits currently in effect and all
dischargers, whether permitted or not.
SECTION 4. If any Section, Subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or Sections of the
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
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Section, Subsection, sentence, clause or phrase thereof irrespective of the fact that any one or
more Sections, Subsections, sentences, clauses or phrases be declared invalid.
SECTION 5. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15308 of the CEQA Guidelines, because
it is an action taken by the City as a regulatory agency to assure the maintenance, restoration,
enhancement, or protection of the environment where the regulatory process involves
procedures for protection of the environment.
SECTION 6. This ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney or Designee City Manager
____________________________
Director of Public Works
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 16.11
(Stormwater Pollu on Preven on) of Title 16 (Building Standards) of the Palo
Alto Municipal Code
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declara ons. The City Council finds and declares as follows:
A. Urban Stormwater Runoff is considered a significant pathway for Pollutants into local
creeks and the San Francisco Bay (Bay). Rain and irriga on from lawns and gardens wash
Pollutants off of Impervious Surfaces like streets, sidewalks, roofs, driveways, and
parking lots into Storm Drain Systems and creeks and, ul mately, out to the Bay. Water
that flows to the Bay from the Storm Drain System and creeks does not receive any
treatment and is o en Contaminated by Pollutants that can be toxic to fish, wildlife, and
people.
B. Protec on of the City of Palo Alto’s Storm Drain System and local Receiving Waters
requires strict regula ons for Non-Stormwater Discharges and overall adherence to the
Municipal Regional Stormwater Permit (“MRP”) issued by the San Francisco Bay Regional
Water Quality Control Board (“Regional Water Board”) (Order R2-2022-0018).
C. In order to be er protect public health, local Receiving Waters, and the City’s Storm
Drain System from Pollutants, the City now desires to update its Municipal Code to
consolidate Stormwater compliance management requirements within the same
Chapter 16.11 and facilitate compliance with the current MRP.
D. The update of Chapter 16.11 is a component of the City’s Stormwater compliance
management program and supports the City’s authority to implement Stormwater and
Pollu on preven on requirements mandated by the Regional Water Quality Control
Board.
E. The City desires to maintain and enhance its leadership in protec ng Stormwater quality
by not only mee ng minimum MRP requirements, but also expanding upon those MRP
requirements for certain businesses and Development Projects to further protect local
creeks and the Bay.
SECTION 2. Chapter 16.11 (Stormwater Pollu on Preven on) of Title 16 (Building Regula ons)
of the Palo Alto Municipal Code is repealed and replaced in its en rety to read as follows:
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Table of Contents
Part 1 Purpose and Intent; Defini ons
16.11.010 Purpose and Intent
16.11.020 Defini ons
Part 2 General Provisions
16.11.030 Administra on
16.11.040 General Obliga on
16.11.050 Conflicts with Other Laws
16.11.060 Alternate Means and Methods
16.11.070 Prohibited Discharges
16.11.080 Discharge Exemp ons
16.11.090 Condi onally Exempt Discharges
16.11.100 Prohibi on of Illicit Connec ons
16.11.110 Authority to Inspect
16.11.120 Enforcement and Penal es
16.11.130 Fees and Charges
16.11.140 Obstruc on, Damage or Impairment to City Storm Drain System and Rights-of-
Way
Part 3 Development Projects
16.11.150 Regulated Projects
16.11.160 Source Control Measures for Regulated Projects
16.11.170 Site Design Measures for Regulated Projects
16.11.180 Stormwater Treatment Measures for Regulated Projects
16.11.190 Cer fica on of Compliance for Regulated Projects
16.11.200 Green Infrastructure Design and Construc on Requirements
16.11.210 Required Hydromodifica on Management Measures for Regulated Projects
16.11.220 Opera on and Maintenance of Stormwater Treatment Measures and
Hydromodifica on Management Measures
*NOT YET APPROVED*
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16.11.230 Low Impact Development Source Control and Site Design Measures for Projects
Other Than “Regulated Projects” Under Sec on 16.11.150
16.11.240 Requirements for All Development Projects
16.11.250 Requirements for Loading Docks
16.11.260 Drainage Design Standards for Development Projects
16.11.270 Requirements for Construc on Sites and Ac vi es
Part 4 Required Best Management Prac ces for All Dischargers
16.11.280 Minimum Best Management Prac ces for All Dischargers
Part 5 Illicit Discharge Detec on and Elimina on and Mobile Sources
16.11.290 Spill Containment and No fica on of Non-Stormwater Discharges
16.11.300 Mobile Businesses
Part 5 Pes cides Toxicity Control
16.11.310 Pes cides Toxicity Control
Part 6 Trash Load Reduc ons
16.11.320 Trash Load Reduc ons
Part 7 Mercury Controls
16.11.330 Mercury Controls
Part 8 Polychlorinated Biphenyls (PCBs) Controls
16.11.340 Polychlorinated Biphenyls Controls
16.11.350 Management of PCBs During Building Demoli on Ac vi es
Part 9 Copper Controls
16.11.360 Copper Controls
*NOT YET APPROVED*
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Part 1 Purpose and Intent; Defini ons
16.11.010 Purpose and Intent
The purpose of this Chapter is to control and limit Stormwater Runoff Pollu on by preven ng
Pollutants from entering the City of Palo Alto Storm Drain System and Receiving Waters,
including the San Francisco Bay (Bay) and local creeks, marshes, wetlands and other natural
habitats, as well as to protect human health and the environment. This Chapter is enacted and
shall be implemented in a manner consistent with the Porter-Cologne Water Quality Control Act
(Water Code Sec on 13000 et seq.) and the Federal Clean Water Act (33 U.S.C. Sec on 1251 et
seq.) (CWA), and the requirements of the Municipal Regional Stormwater Permit (MRP) issued
by the California Regional Water Quality Control Board, San Francisco Bay-Region 2 (Regional
Water Board), as amended from me to me. This Chapter is intended to be no less stringent
than the MRP and in some respects may be more stringent than regional, state or federal
regula ons, rules, orders and policies. The City intends to update and modify this Chapter as
needed to con nue to meet Regional Water Board requirements and provide a program for
protec on of the Bay and other Receiving Waters. If any provision of this Chapter conflicts with
the MRP, as amended or updated, the more stringent and environmentally protec ve provision
shall apply.
16.11.020 Defini ons
The following words and phrases, whenever used in this Chapter, shall be as defined herein.
Words and phrases used in this Chapter not otherwise defined in this Sec on shall be as
defined, interpreted or used in the MRP in effect or, if not used in the MRP, so as to give this
Chapter its most reasonable applica on.
(a) “A” defini ons:
(1) “Applicant” means any Person that submits an applica on for a Planning and Land
Use En tlement or Building Permit from the City of Palo Alto.
(b) “B” defini ons:
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(1) “Best Management Prac ces” or “BMPs” mean a combina on of general good
housekeeping prac ces, Pollu on preven on and educa onal prac ces, opera ons
and maintenance procedures, and other prac ces and requirements to prevent or
reduce to the Maximum Extent Prac cable Non-Stormwater Discharges directly or
indirectly to the Storm Drain System or Receiving Waters. Sources of industry-
standard BMPs include but are not limited to the Santa Clara Valley Urban Runoff
Pollu on Preven on Program, the California Stormwater Quality Associa on
Stormwater Best Management Prac ce Handbook, the California Department of
Transporta on Construc on Site Best Management Prac ces Manual, and the MRP.
Unless otherwise stated, reference to BMPs generally means non-structural BMPs as
described in this defini on.
(2) “Building” means any structure used or intended for suppor ng or sheltering any use
or occupancy.
(3) “Building Permit” means the authoriza on provided by the City to build/construct
one or more Buildings.
(c) “C” defini ons:
(1) “CASQA” means California Stormwater Quality Associa on, a professional member
associa on dedicated to the advancement of Stormwater quality management
through collabora on, educa on, implementa on guidance, regulatory review, and
scien fic assessment.
(2) “City” or “The City” means City of Palo Alto, California.
(3) “Construc on Ac vity” means any earth- or soil-disturbing ac vity, including, but not
limited to, clearing, grading, paving, landscaping, excava on, stockpiling, material
storage, and disturbances to land or ground such as building of a structure, and
demoli on or removal of structures or paved surfaces.
(4) “Construc on Site” means any site where Construc on Ac vity occurs.
*NOT YET APPROVED*
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(5) “Contamina on” shall have the same meaning as defined in California Water Code
Sec on 13050, as amended from me to me.
(6) “Con guous” means touching or sharing a border and includes project areas
interrupted by cross streets or intersec ons.
(d) “D” defini ons:
(1) “Detached Single-Family Home Project” means the building of one single new house
or the addi on and/or replacement of Impervious Surface to one single exis ng
house, which is not part of a larger plan of development.
(2) “Development Project” means new construc on or Redevelopment of any public or
private project involving Construc on Ac vity and within the planning and building
authority of the City.
(3) “Director” means the Director of Public Works of the City of Palo Alto and his or her
duly authorized designees.
(4) “Discharge” when used as a verb, means to allow a Stormwater or Non-Stormwater
substance to enter the Storm Drain System or a Receiving Water from any ac vity or
opera on. When used as a noun, “Discharge” means the Stormwater or Non-
Stormwater Discharge that is released or conveyed.
(5) “Discharger” means any Person who causes or permits a Discharge.
(e) “E” defini ons:
(1) “EPA” or “U.S. EPA” means the Environmental Protec on Agency of the United States
of America.
(f) “F” defini ons:
(1) “Full Trash Capture Device or System” means a treatment control, or series of
treatment controls, that traps all par cles that are 5 mm or greater and has a design
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treatment capacity that is either: a) of not less than the peak flow rate, Q, resul ng
from a one-year, one-hour storm in the subdrainage area, or b) appropriately sized
to, and designed to carry at least the same flows as, the corresponding storm drain.
The device(s) shall also have a trash reservoir large enough to contain a reasonable
amount of trash safely without overflowing trash into the overflow outlet between
maintenance events.
(g) “G” defini ons:
(1) “Green Stormwater Infrastructure” or “GSI” means infrastructure that uses
vegeta on, soils, and natural processes to manage Stormwater Runoff. At the scale
of a city or county, GSI refers to the patchwork of natural areas that provides habitat
and manages smaller storms, cleaner air, and cleaner water and eliminates street
ponding. At the scale of a neighborhood or project site, GSI refers to Stormwater
management systems that mimic the natural hydrologic cycle by soaking up and
storing water.
(h) “H” defini ons:
(1) “Hazardous Material” means any material designated as hazardous by Title 17 of this
Code.
(2) “Hazardous Waste” means any material designated as a Hazardous Waste by
applicable federal, state or local regula ons.
(i) “I” defini ons:
(1) “Illicit Connec on” means any device, ar fice, method or connec on that conveys
Non-Stormwater to the Storm Drain System. Examples may include connec ons from
interior floor drains, HVAC systems, industrial processes, sinks, and toilets. An Illicit
Connec on does not include methods of conveyance of groundwater during
Construc on Ac vi es in compliance with this Code and as approved by the Director.
*NOT YET APPROVED*
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(2) “Illicit Discharge” means any Discharge that is prohibited under local, state, or
federal statutes, ordinances, codes, or regula ons and this Chapter. Illicit Discharges
do not include Discharges that are exempt or condi onally exempt under the MRP,
regulated by a NPDES Permit other than the MRP, or authorized by the Execu ve
Officer of the Regional Water Board or the Director.
(3) “Impervious Surface” means land that has been modified to reduce or remove the
land's natural ability to absorb and infiltrate rainfall. Impervious Surfaces include, but
are not limited to, roo ops, pavement, sidewalks, walkways, pa os, driveways, and
parking lots where such surfaces are not constructed with Pervious materials and/or
are not designed to infiltrate Stormwater.
(j) “J” defini ons:
(1) “Joint Stormwater Treatment Facility” is a Stormwater treatment facility built to treat
the combined runoff from two or more Regulated Projects located adjacent to each
other.
(k) “K” defini ons: Reserved
(l) “L” defini ons:
(1) “Loading Dock” means a raised or lowered area of a facility designed to
accommodate a truck, trailer or other large delivery vehicle for the loading and
unloading of equipment or materials. A Loading Dock does not include such an area
where the deliveries are limited solely to furniture and non-electronic office
supplies.
(2) “Low Impact Development” or “LID” is a land planning and engineering design
approach with a goal of reducing Stormwater Runoff and mimicking a site’s
predevelopment hydrology by minimizing disturbed areas and impervious cover and
infiltra ng, storing, detaining, evapotranspiring, and/or biotrea ng Stormwater
Runoff close to its source, or onsite.
*NOT YET APPROVED*
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(m) “M” defini ons:
(1) “Mobile Business” means a business whose opera ons may produce or result in the
produc on of Pollutants and that does not operate from a permanent structure but
instead provides mobile services during par cular me periods or upon request at
temporary loca ons. Types of services include cleaning or power washing of
vehicles, structures, windows, or parking lots; engine or equipment degreasing; acid
cleaning of unpainted trucks or containers; steam cleaning; carpet cleaning; dental
and medical care; vehicle repair, servicing, fueling and cleaning; and pet services
(including grooming, veterinary care and other miscellaneous services).
(2) “Municipal Code” means the ordinances and laws adopted and enforced by the City
of Palo Alto.
(3) “Municipal Regional Stormwater Permit” or “MRP” means the most recently
adopted San Francisco Bay Area Municipal Regional Stormwater Permit, a mul -
countywide municipal Stormwater NPDES Permit issued by the California Regional
Water Quality Control Board, San Francisco Bay Region-Region 2 (Regional Water
Board) to regulate Discharges from municipali es and local agencies in Alameda,
Contra Costa, San Mateo, and Santa Clara coun es, and the ci es of Fairfield, Suisun
City, and Vallejo.
(n) “N” defini ons:
(1) “Non-Stormwater Discharge” means any Discharge that is not en rely composed of
Stormwater. Non-Stormwater Discharges include, but are not limited to, polluted
groundwater, any Pollutant, Discharges allowed under an NPDES Permit, or an Illicit
Discharge.
(2) “NPDES” means Na onal Pollutant Discharge Elimina on System, which is a na onal
program for issuing, modifying, revoking and reissuing, termina ng, monitoring and
enforcing Permits, and imposing and enforcing pretreatment requirements, under
Sec ons 307, 402, 318, and 405 of the Federal Clean Water Act.
(o) “O” defini ons: Reserved
*NOT YET APPROVED*
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(p) “P” defini ons:
(1) “PCB Screening Assessment” means a report prepared by an Applicant for a
demoli on Permit containing any informa on and data (inves ga ons, reports, soil
samples, laboratory results, Construc on Site controls, etc.) reasonably required by
the Director regarding the presence of Polychlorinated Biphenyls (PCBs).
(2) “Permit” means any authoriza on issued by the City to carry out an ac on or ac vity
according to the City’s Municipal Code, rules, and regula ons.
(3) “Person” means any individual, partnership, firm, company, corpora on, associa on,
joint venture, joint stock company, trust, estate, governmental en ty, or any other
legal en ty; or their representa ves, agents, or designees.
(4) “Pervious” means capable of allowing water to infiltrate below the surface. Pervious
materials may include, but are not limited to, permeable interlocking concrete
pavers, permeable pavers, Pervious concrete and porous asphalt.
(5) “Planning and Land Use En tlement” means approval provided by the City to
develop a Building (or Buildings) or a piece of land for a specific use according to the
City’s development standards, rules, and regula ons.
(6) "Pollutants” or “Pollutant” means those substances associated with Stormwater
Runoff that may cause or contribute to the degrada on of water quality of Receiving
Waters and are harmful to aqua c life, human health and the environment.
Pollutants commonly associated with Stormwater Runoff include, but are not limited
to, total suspended solids; sediment; pathogens (e.g., bacteria, viruses, protozoa);
heavy metals (e.g., copper, lead, zinc, and cadmium); petroleum products and
polynuclear aroma c hydrocarbons; synthe c organics (e.g., pes cides, herbicides,
and PCBs); nutrients (e.g., nitrogen and phosphorus fer lizers); oxygen-demanding
substances (e.g., decaying vegeta on and animal waste); li er and trash.
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(7) "Pollu on" means the presence, introduc on or Discharge into a Receiving Water of
a Pollutant that has harmful or poisonous effects on aqua c life, ecological habitat,
natural processes of creeks and waterbodies, public health and the environment.
(q) “Q” defini ons: Reserved
(r) “R” defini ons:
(1) “Receiving Water” means waters of the State, as defined by the Porter-Cologne
Water Quality Control Act. Receiving Waters include but are not limited to creeks,
marshes, wetlands, shorelines, estuaries, and bays.
(2) “Redevelopment” means any land-disturbing ac vity that results in the crea on,
addi on, or replacement of exterior Impervious Surface area on a site on which
some past development has occurred. This category includes projects on public or
private land that fall under the planning and building authority of the City.
(3) "Refuse" means and includes compostable materials, recyclable materials, and solid
waste. Solid waste means solid and semisolid wastes, generated in or upon, related
to the occupancy of, remaining in or emana ng from residen al premises or
commercial premises including but not limited to garbage, trash, rubbish, ashes, and
industrial wastes.
(4) “Refuse Management and Containment Area” means an area such as a room located
inside a Building or an enclosed structure located outdoors to keep, manage and
contain compostable, recyclable and solid waste.
(5) “Regional Water Board” or “Water Board” means the California Regional Water
Quality Control Board, San Francisco Bay-Region 2.
(6) “Regulated Project” means a project described in Chapter 16.11.150, “Regulated
Projects.”
(7) “Remodel” is an extension or modifica on of an exis ng structure. This may include
a one or second-story addi on that increases the footprint of the structure or an
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interior reconfigura on.
(8) “Responsible Party” means any Person who owns, operates, or manages a property,
business, facility, or site, or who is otherwise responsible for the ac vi es thereon or
the Person whose ac on or omission causes or results in the viola on of this
Chapter.
(s) “S” defini ons:
(1) “Sanitary Sewer System” means the collec on system, all sewers, treatment plants
and other facili es owned or operated by the City for carrying, collec ng, storing,
trea ng, reclaiming and disposing of sanitary Sewage and industrial wastes (as
defined in Sec on 16.09.015 of Title 16 of the Palo Alto Municipal Code).
(2) “SCVURPPP” or “Santa Clara Valley Urban Runoff Pollu on Preven on Program”
means an associa on of fi een agencies in Santa Clara Valley that share a
common NPDES MRP to Discharge to south San Francisco Bay. Member agencies
(also referred to as Co-permi ees) include the ci es or towns of Campbell,
Cuper no, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Mountain
View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale, Santa Clara County,
and the Santa Clara Valley Water District (Valley Water).
(3) “Sewage” means the wastewater of the community derived from residen al,
agricultural, commercial, or industrial sources, including domes c Sewage, and
industrial wastewater, which is required to be conveyed to the Sanitary Sewer
System.
(4) “Site Design Measure” means a site planning technique to conserve natural spaces
and/or limit the amount of Impervious Surface at Development and Redevelopment
Projects in order to minimize runoff and the transport of Pollutants in Stormwater
Runoff.
(5) “Source Control Measure” means any BMP that aims to prevent runoff Pollu on by
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reducing the poten al for contact with rainfall runoff at the source of Pollu on.
Source control BMPs minimize contact between Pollutants and Stormwater Runoff.
(6) “Special Projects” are a type of Regulated Project that meets criteria based on size,
land use type, and density per the MRP. These projects are typically located in high
density areas and are centered around transit-oriented development. If criteria
determined by the MRP are met, projects are en tled to incen ve LID treatment
reduc on credits approved by the Water Board.
(7) “Storm Drain System” means the storm drain facili es owned, managed, or operated
by the City by which Stormwater is collected and/or conveyed to Receiving Waters,
including but not limited to streets and roads, gu ers, curbs, inlets, piped storm
drains, parking lots, pumping facili es, reten on and deten on basins, natural and
human-made or altered drainage channels, reservoirs, and other drainage structures
which are within the City’s jurisdic on. The Storm Drain System also includes pipes,
underground and surface conveyances, and other components on private property
and other property within the City’s limits not owned by the City that connect
and/or route Stormwater and Stormwater Runoff to the City’s Storm Drain System.
(8) “Stormwater” means any surface flow, runoff, and drainage consis ng en rely of
water that originates from precipita on events.
(9) “Stormwater Runoff” means flow that is created when precipita on falls on
Impervious Surfaces or compacted Pervious surfaces that do not allow water to
infiltrate into the ground.
(10) “Stormwater Run-on” means flow that runs across Impervious Surfaces or
compacted Pervious surfaces from one property to another or from one use on a
property to another.
(11) “Stormwater Treatment Measure” means any engineered, non-mechanical or
constructed system designed to remove Pollutants from Stormwater Runoff by
simple gravity se ling of par culate Pollutants, filtra on, infiltra on, biological
uptake, media adsorp on or any other physical, biological, or chemical process.
*NOT YET APPROVED*
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(12) “Structural Retrofit Best Management Prac ces” or “Structural Retrofit BMPs”
means a retrofit to a structure, fixed feature, or property to prevent or minimize the
poten al of a Non-Stormwater Discharge to the Storm Drain System or Receiving
Waters, in associa on with an enforcement ac on due to noncompliance with this
Chapter.
(t) “T” defini ons: Reserved
(u) “U” defini ons: Reserved
(v) “V” defini ons: Reserved
(w) “W” defini ons: Reserved
(x) “X” defini ons: Reserved
(y) “Y” defini ons: Reserved
(z) “Z” defini ons: Reserved
Part 2 General Provisions
16.11.030 Administra on
The Director shall be responsible for the administra on and enforcement of the provisions of
this Chapter and has the authority to promulgate such orders, regula ons, rules, condi ons of
approval, and requirements as are necessary to accomplish the purposes of this Chapter. The
primary regulatory document implemen ng this Chapter is Palo Alto Regula ons for
Stormwater Pollu on Preven on.
16.11.040 General Obliga on
All Dischargers of Non-Stormwater and Persons that engage in ac vi es with the poten al to
*NOT YET APPROVED*
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cause a Non-Stormwater Discharge to the Storm Drain System and Receiving Waters shall
comply with the provisions of this Chapter. Viola ons of regula ons implemen ng this Chapter
shall be considered viola ons of this Chapter.
16.11.050 Conflicts with Other Laws
In the event of any conflict between this Chapter and any federal or state law, regula on, order,
or Permit, the requirement that establishes the higher standard for public health or safety shall
govern. Nothing in this Chapter shall preclude enforcement of any other applicable law,
regula on, order, or Permit. Nothing in this Chapter shall be interpreted to infringe any vested
property right.
16.11.060 Alternate Means and Methods
The Director, upon applica on in wri ng by the owner, a lessee, or an authorized representa ve
of the Discharger, and on no ce to the Director, is authorized to approve alternate means or
methods of compliance with this Chapter, provided that the Director finds that the proposed
design, use, or opera on sa sfactorily complies with the intent of this Chapter and that the
material, method of work performed, or opera on is, for the purpose intended, at least
equivalent to that prescribed in this Chapter in quality and effec veness in mee ng the
purposes of this Chapter. As required by the Director, an Applicant must show that compliance
with the strict requirements of this Chapter is infeasible, and that the proposed alternate means
and methods will meet all applicable regional, state, and federal requirements. The par culars
of any such approval made by the Director shall be in wri ng and a signed copy shall be
furnished to the Applicant.
16.11.070 Prohibited Discharges
General Prohibi on. No Person shall cause, allow, or permit any Non-Stormwater Discharge or
the condi ons under which there is a substan al probability for such a Discharge to occur
unless such Discharge is exempt under Sec on 16.11.080 or condi onally exempt under Sec on
16.11.090.
*NOT YET APPROVED*
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16.11.080 Discharge Exemp ons
Unless determined by the Director or the Regional Water Board to be sources of Pollutants to
Receiving Waters, the following Discharges are exempt from Discharge prohibi ons established
by this Chapter and are allowed to flow into the Storm Drain System and Receiving Waters:
(a) Flows from riparian habitats or wetlands;
(b) Diverted stream flows;
(c) Flows from natural springs;
(d) Uncontaminated rising groundwater due to natural processes;
(e) Uncontaminated and unpolluted groundwater infiltra on;
(f) Pumped groundwater from crawl space pumps and founda on and foo ng drains of single-
family homes. Discharges larger than 2,500 gallons per day shall be treated as condi onally
exempt Discharges and must meet the requirements of the MRP and City regula ons;
(g) Pumped groundwater from drinking water aquifers (excluding well development);
(h) Discharges permi ed under a NPDES Permit issued to the Discharger and administered by
the State of California pursuant to Division 7, Chapter 5.5 of the California Water Code,
provided that the Discharger is in compliance with all requirements of the Permit and all
other applicable laws and regula ons; and
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(i) Any other Discharge exempt from the general prohibi on on Discharges to the Storm Drain
System under the MRP or permi ed under another NPDES permit.
If any of the above are iden fied by the Director or the Regional Water Board as sources of
Pollutants to Receiving Waters, such categories or sources shall be treated as condi onally
exempt Discharges in accordance with Sec on 16.11.090.
16.11.090 Condi onally Exempt Discharges
The following Discharges are condi onally exempt, subject to control measures and BMPs set
forth in the MRP and City regula ons:
(a) Pumped groundwater, founda on drains, and water from crawl space pumps and foo ng
drains not from single-family homes;
(b) Air condi oning condensate shall be reused or directed to landscaped areas. If neither is
feasible, Discharging to the Storm Drain System shall be allowed per the Director’s approval;
(c) Discharges associated with water and foam generated from emergency response and/or
firefigh ng ac vi es. BMPs shall be implemented to the Maximum Extent Prac cable to
minimize poten al adverse water quality impacts from water, foam, and other Pollutants
Discharged during emergency response and firefigh ng ac vi es. Such implementa on shall
not interfere with immediate emergency response opera ons or impact public health and
safety.
(d) Discharges from individual residen al car washing;
(e) Irriga on water, landscape irriga on, and discharges from lawn or garden watering; and
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(f) Any Discharge that the Director, the local health officer, the Regional Water Quality Control
Board or state or federal agency determines in wri ng is necessary for the protec on of the
public health and safety, as allowed under applicable law.
16.11.100 Prohibi on of Illicit Connec ons
(a) No Person shall construct, use, maintain, or permit or suffer the construc on, use,
maintenance or con nued existence of an Illicit Connec on.
(b) Illicit Connec ons shall be immediately removed, permanently plugged, or re-plumbed to a
connec on point approved by the Director.
(c) The provisions of this Sec on shall apply to, without limita on, Illicit Connec ons
established in the past, regardless of whether the connec on was permissible under law or
prac ces applicable or prevailing at the me of connec on.
16.11.110 Authority to Inspect
(a) The Director shall have the authority to inspect private and public facili es, sites, structures,
drainage systems, and Mobile Businesses, whether exis ng or under construc on, whenever
necessary to ensure and confirm compliance with this Chapter, applicable City or State
regula ons, or the MRP.
(b) The Director shall be authorized to enter, without unreasonable delay, and upon reasonable
no ce, any premises subject to the requirements of this Chapter to conduct inspec ons and
monitoring to assure compliance with this Chapter, applicable City or State regula ons, or
the MRP. An inspec on fee shall be charged for each inspec on at the amount listed in the
City’s Adopted Municipal Fee Schedule. Records related to compliance with this Chapter,
including but not limited to opera ons and maintenance records and agreements, shall be
available to City staff for inspec on and copying.
*NOT YET APPROVED*
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(c) In the event the owner or occupant of the premises refuses entry a er a request to enter
and inspect the premises has been made, the City is hereby empowered to seek
authoriza on from any court of competent jurisdic on for such entry.
16.11.120 Enforcement and Penal es
(a) Viola ons of this Chapter may be enforced as allowed by Title I of the Palo Alto Municipal
Code. The Director is authorized to exercise the authority provided in the California Penal
Code sec on 836.5.
(b) The Director may require any Person deemed to have violated this Chapter to take any of
the following ac ons:
(1) Ensure that the Discharge be remediated and the affected private and City property
and infrastructure, as relevant, be restored within a specified me. The Responsible
Party shall also be responsible for cleanup or reimbursement of cleanup costs
incurred by the City for cleanup ac vi es associated with any Discharges that violate
this Chapter.
(2) Implement applicable BMPs; for example, to address Pollutant sources associated
with outdoor process and manufacturing areas; outdoor material storage areas;
outdoor waste storage and disposal areas; outdoor vehicle and equipment storage
and maintenance areas; outdoor parking areas and access roads; outdoor areas used
by customers and employees; outdoor wash areas; outdoor drainage from indoor
areas; roo op equipment; Contaminated and erodible surface areas; and other
sources that have a reasonable poten al to contribute to Pollu on of Stormwater
Runoff.
(3) Install Structural Retrofit BMPs to address noncompliance of this Chapter. Structural
Retrofit BMPs may require review and approval by the City’s Planning and Building
Divisions.
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(c) The Director shall implement a Stormwater Enforcement Response Plan to facilitate mely
and effec ve compliance with the requirements of this Chapter. The Enforcement Response
Plan shall contain, at a minimum, the following:
(1) Enforcement procedures;
(2) Enforcement tools and scenarios;
(3) Procedures for mely correc on of poten al and actual Discharges; and
(4) Procedures for referral and coordina on with other agencies.
(d) The remedies established in this Sec on are not exclusive. In addi on to any other remedies
allowed under the Palo Alto Municipal Code, viola ons may be subject to penal es
established by resolu on of the Council or any other enforcement mechanism allowed by
law.
16.11.130 Fees and Charges
The City may adopt reasonable fees and charges for reimbursement of costs of administering
and enforcing this Chapter.
16.11.140 Obstruc on, Damage or Impairment to City Storm Drain System and Rights-of-
Way
Dischargers shall be responsible for and liable to the City for any obstruc on, damage, or
impairment to the Storm Drain System and other rights-of-way associated with a Discharge that
causes an obstruc on, damage, or any other impairment to the Storm Drain System. The City
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may assess a charge against the Discharger to reimburse the City for costs incurred to clean or
repair said obstruc on, damage or impairment.
Part 3 Development Projects
16.11.150 Regulated Projects
All projects fi ng the category descrip ons below (hereina er called “Regulated Projects”)
must implement Low Impact Development Source Control, Site Design, and Stormwater
Treatment Measures. The categories of Regulated Projects are:
(a) New Development Projects or Redevelopment Projects
New Development or Redevelopment projects that create and/or replace 5,000 square feet or
more of Impervious Surface (collec vely over the en re project site). This category includes
commercial, industrial, residen al housing subdivisions (i.e., Detached Single-Family Home
Projects), mul -family a ached subdivisions (i.e., town homes, condominiums, and
apartments), mixed-use, new and reconstructed private roads and private trails, and public
projects (other than public road and trail projects), including sidewalks and any other por ons
of the public right-of-way that are developed or redeveloped as part of the projects.
Specific exclusions that apply to this category are listed in Subsec on (e) below. Public Works
projects that are addi onally excluded from this category – unless they create and/or replace
5,000 Con guous square feet or more of Impervious Surface – include the following examples:
sidewalk gap closures, sidewalk sec on replacement, and Americans with Disabili es Act-
compliant curb ramps.
Where a Redevelopment project results in an altera on of 50 percent or more of the
Impervious Surface of a previously exis ng development that was not subject to this Part,
Stormwater Treatment Measures shall be designed and sized to treat Stormwater Runoff from
the en re Redevelopment project. Where a Redevelopment project results in an altera on of
*NOT YET APPROVED*
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less than 50 percent of the Impervious Surface of a previously exis ng development that was
not subject to this Part, Stormwater Treatment Measures must be designed and sized to treat
Stormwater Runoff from the new and/or replaced Impervious Surface of the project.
The calcula ons in this Subsec on shall include por ons of the public right-of-way that are
developed or redeveloped as part of the Regulated Project.
(b) New or Widening Road Projects
Any of the following types of road projects (including both public and private road projects) that
create 5,000 square feet or more of newly constructed Con guous Impervious Surface, and that
fall under the planning and building authority of the City:
(1) Construc on of new streets or roads, including sidewalks and bicycle lanes built as
part of the new streets or roads.
(2) Widening of exis ng streets or roads with addi onal traffic lanes.
Where the addi on of traffic lanes results in an altera on of 50 percent or more of
the Impervious Surface of an exis ng street or road within the project that was not
subject to this Part, Stormwater Treatment Measures must be designed and sized to
treat Stormwater Runoff from the en re street or road that had addi onal traffic
lanes added. Where the addi on of traffic lanes results in an altera on of less than
50 percent of the Impervious Surface of an exis ng street or road within the project
that was not subject to this Part, Stormwater Treatment Measures shall be designed
and sized to treat Stormwater Runoff from only the new traffic lanes. However, if the
Stormwater Runoff from the exis ng traffic lanes and the added traffic lanes cannot
be separated, any onsite treatment system shall be designed and sized to treat
Stormwater Runoff from the en re street or road. If an offsite treatment system is
installed or in-lieu fees paid in accordance with MRP Provision C.3.e or Sec on
16.11.180(c), the offsite treatment system or in-lieu fees must address only the
Stormwater Runoff from the added traffic lanes.
(3) Construc on of Impervious trails that are greater than or equal to 10 feet wide or
are creek-side (within 50 feet of the top of bank).
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(4) Specific exclusions to this Subsec on include the following:
(i) Sidewalks built as part of new streets or roads and built to direct Stormwater
Runoff to adjacent vegetated areas;
(ii) Bicycle lanes built as part of new streets or roads, but that are not
hydraulically connected to the new streets or roads and that direct
Stormwater Runoff to adjacent vegetated areas;
(iii) Impervious trails that direct Stormwater Runoff to adjacent vegetated areas,
or other non-erodible permeable areas, preferably away from creeks or
towards the outboard side of levees, where those areas are at least half as
large as the contribu ng Impervious Surface area;
(iv) Sidewalks, bicycle lanes, or trails constructed as Pervious pavement systems;
and
(v) Caltrans highway projects and associated facili es.
(c) Road Reconstruc on and U lity Trenching Projects
Road projects that involve the reconstruc on of exis ng streets or roads, which create and/or
replace at least one Con guous acre of Impervious Surface and that are public road projects
and/or fall under the planning and building authority of the City, including sidewalks and bicycle
lanes that are built or rebuilt as part of the exis ng streets or roads. This Regulated Project
category includes u lity trenching projects which are - on average, over the en re length of the
project - greater than or equal to eight (8) feet wide. It also includes public pavement
maintenance prac ces listed in Subsec on (e)(3) if they are part of a project that otherwise
meets the requirements of this sec on.
Where the reconstruc on project results in an altera on of greater than or equal to 50 percent
of the Impervious Surface of an exis ng street or road within the project that was not subject to
this Part, Stormwater Treatment Measures must be designed and sized to treat Stormwater
Runoff from the en re street or road that was reconstructed. Where the reconstruc on project
results in an altera on of less than 50 percent of the Impervious Surface of an exis ng street or
road within the project that was not subject to this Part, Stormwater Treatment Measures shall
be designed and sized to treat Stormwater Runoff from only the new and/or replaced
Impervious Surface within the project footprint. However, if the Stormwater Runoff from the
exis ng Impervious Surface and the added Impervious Surface cannot be separated, any onsite
treatment system shall be designed and sized to treat Stormwater Runoff from the en re street
*NOT YET APPROVED*
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or road. If an offsite treatment system is installed or in-lieu fees paid in accordance with MRP
Provision C.3.e or Sec on 16.11.180(c), the offsite treatment system or in-lieu fees must
address only the Stormwater Runoff from the added Impervious Surface.
(d) Large Detached Single-Family Home Projects
Detached Single-Family Home Projects that create and/or replace 10,000 square feet or more of
Impervious Surface (collec vely over the en re project site) and are not part of a larger
development or Redevelopment plan regulated under “New Development Projects or
Redevelopment Projects” – see Subsec on (a) above. This Regulated Project category includes
the addi on of an accessory dwelling unit (ADU) on an exis ng parcel with one single-family
home that is not part of a subdivision or plan.
Where a single-family home project results in an altera on of 50 percent or more of the
Impervious Surface of a previously exis ng project that was not subject to this Part, Stormwater
Treatment Measures shall be designed and sized to treat Stormwater Runoff from the en re
project. Where a single-family home project results in an altera on of less than 50 percent of
the Impervious Surface of a previously exis ng project that was not subject to this Part,
Stormwater Treatment Measures shall be designed and sized to treat Stormwater Runoff from
the new and/or replaced Impervious Surface of the project. The calcula ons in this Subsec on
shall include por ons of the public right-of-way that are developed or redeveloped as part of
the Regulated Project.
(e) Exemp ons: For Redevelopment projects and Road Reconstruc on Projects:
(1) The following interior and exterior prac ces are excluded:
(i) Interior Remodels; and
(ii) Rou ne maintenance or repair such as roof or exterior wall surface
replacement.
(2) The following pavement maintenance prac ces are excluded:
(i) Pothole and square cut patching;
(ii) Overlaying exis ng asphalt or concrete pavement with asphalt or concrete
without expanding the area of coverage;
(iii) Shoulder grading;
(iv) Reshaping/regrading drainage systems;
(v) Crack sealing;
*NOT YET APPROVED*
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(vi) Pavement preserva on ac vi es that do not expand the road prism;
(vii) Upgrading from a bituminous surface treatment (e.g., chip seal) with an
overlay of asphalt or concrete, without expanding the area of coverage;
(viii) Applying a bituminous surface treatment to exis ng asphalt or concrete
pavement, without expanding the area of coverage;
(ix) Vegeta on maintenance; and
(x) Layering gravel over an exis ng gravel road, without expanding the area of
coverage.
(3) The following pavement maintenance prac ces are not excluded.
(i) Removing and replacing asphalt or concrete pavement to the top of the base
course or lower, or repairing the pavement base (including repair of the
pavement base in prepara on for bituminous surface treatment, such as chip
seal), as these are considered replaced Impervious Surfaces;
(ii) Extending the pavement edge without increasing the size of the road prism,
or paving graveled shoulders, as these are considered new Impervious
Surfaces; and
(iii) Resurfacing by upgrading from dirt to gravel, to a bituminous surface
treatment (e.g., chip seal), to asphalt, or to concrete; or upgrading from
gravel to a bituminous surface treatment, to asphalt, or to concrete, as these
are considered new Impervious Surfaces.
(4) For a project consis ng of a combina on of exempted pavement maintenance
prac ces and non-exempted pavement maintenance and/or prac ces that fall under
any other Regulated Project category, the parts of the project that are not exempt
shall be evaluated as a Regulated Project.
16.11.160 Source Control Measures for Regulated Projects
All Regulated Projects shall implement Source Control Measures onsite that, at a minimum,
comply with City regula ons and the requirements of the MRP.
*NOT YET APPROVED*
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16.11.170 Site Design Measures for Regulated Projects
All Regulated Projects must implement Low Impact Development Site Design Measures that, at
a minimum, comply with City regula ons and the requirements of the MRP.
16.11.180 Stormwater Treatment Measures for Regulated Projects
All Regulated Projects shall implement Stormwater Treatment Measures onsite that, at a
minimum, comply with City regula ons and the requirements of the MRP. Stormwater
Treatment Measures shall not be altered without permission from the Director.
(a) All Regulated Projects shall design, construct, maintain, and operate Stormwater Treatment
Measures for the en re dura on that the project is in use in accordance with the MRP and
City regula ons. All Regulated Projects, except Special Projects, shall treat one hundred
percent of the amount of Stormwater Runoff iden fied in accordance with MRP Provision
C.3.c requirements for the Regulated Project’s drainage area onsite or at a Joint Stormwater
Treatment Facility per MRP Provision C.3.c, Chapter 16.11.180, and SCVURPPP and City
specifica ons. LID Stormwater treatment measures include harves ng and use, infiltra on,
evapotranspira on, and biotreatment. Stormwater treatment systems must be sized using
one of the hydraulic sizing design criteria approved in MRP C.3.d.i. Any Regulated Project
that does not comply with this requirement must meet the requirements for alterna ve
compliance established in accordance with Subsec on (c) below.
(b) Special Projects designed in a manner that meets the criteria of the MRP and City
regula ons shall be allowed to apply for Incen ve LID Treatment Reduc on Credits per the
Water Board’s process outlined in the MRP.
(c) If a Development Project cannot install Stormwater Treatment Measures in conformance
with the requirements of the MRP and this chapter, the Director may approve alterna ve
compliance and allow in-lieu measures and/or fees if made necessary by individual site
condi ons and in accordance with the MRP and City regula ons. Projects shall s ll meet all
Regulated Project requirements but may be allowed to do so par ally onsite or fully off-site
or through payment of in-lieu fees. This approval shall occur prior to issuance of Planning
and Land Use En tlement under Title 18 of this Code, or a Building Permit if no En tlement
is required, unless the Director allows an excep on.
*NOT YET APPROVED*
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16.11.190 Cer fica on of Compliance for Regulated Projects
(a) Prior to the issuance of a Planning and Land Use En tlement under Title 18 of this Code, or
a Building Permit if no En tlement is required, for a Regulated Project, the Applicant or
designee of a Regulated Project shall submit a cer fica on by a qualified third-party
reviewer acceptable to the Director that the design of the project complies with the
requirements of this Chapter, City regula ons, the MRP, and any plan review comments
provided by the Director.
A er the project is constructed, the Applicant or a designee shall submit a wri en
cer fica on by a qualified third-party reviewer acceptable to the Director that a Regulated
Project was constructed or installed in accordance with the City-approved plans and
drawings and per City regula ons and the MRP.
(b) The third-party reviewer shall be an independent civil engineer, licensed architect, or
landscape architect registered in the State of California, shall have current training in
Stormwater Treatment Measure design and construc on, and meet other requirements set
forth by the City regula ons. The third-party reviewer shall not be any consultant or
contractor hired to design and/or construct a Stormwater Treatment Measure for the
Regulated Project.
(c) Cer fica ons and documenta on required by this Sec on shall be in the form prescribed by
the Director.
(d) Applicant is responsible for ensuring that the Stormwater Treatment Measure is constructed
according to the design approved by the Director.
16.11.200 Green Infrastructure Design and Construc on Requirements
Regulated Projects shall comply with applicable design and construc on guidelines and
standard specifica ons included in the City’s Green Stormwater Infrastructure Plan and related
documents, including design guidelines, standard specifica ons, and other requirements as
established by the Director.
*NOT YET APPROVED*
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16.11.210 Required Hydromodifica on Management Measures for Regulated Projects
(a) Applicability. All Regulated Projects that result in the crea on and/or replacement of one
acre (43,560 square feet) or more of Impervious Surface and result in a net increase in
Impervious Surface over the pre-project condi on shall implement Hydromodifica on
Management Measures.
(b) Exemp on. Projects located in areas designated as exempt from Hydromodifica on
Management Measure requirements on the Hydromodifica on Applicability Map contained
in the MRP are exempt from this requirement.
(c) Hydromodifica on Management Measures shall be designed and implemented in
accordance with City regula ons, MRP requirements, and other applicable regula ons and
policies.
(d) All Hydromodifica on Management Measures are subject to inspec on and approval by
the Director.
16.11.220 Opera on and Maintenance of Stormwater Treatment Measures and
Hydromodifica on Management Measures
All Regulated Projects shall comply with the following:
(a) The property owner(s), its administrators, successors, and any other Persons responsible for
the management of the property, including any homeowner's associa on, shall take all
necessary ac ons to ensure that the Stormwater Treatment and Hydromodifica on
Management Measures are properly maintained so that all measures con nue to operate
as originally designed and approved for the life of the project. These measures shall not be
removed, replaced, or amended without the Director’s approval.
(b) Before a Building Permit is issued, a maintenance agreement shall be submi ed to the
Director describing all required Stormwater Treatment and Hydromodifica on Management
Measures, including all informa on and documenta on required by the Director. This
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agreement shall be approved by the Director, signed by the City A orney or designee and
property owner(s), and recorded with Santa Clara County. If property changes ownership at
any me, the new property owner(s) shall take on responsibility for maintenance of any
Stormwater Treatment and Hydromodifica on Management Measures located on that
property and shall adhere to the opera ons and maintenance agreement.
(c) The opera on and maintenance of the Measures shall at all mes be conducted in
accordance with the terms and condi ons of the approved maintenance agreement.
(d) Any Stormwater Treatment Measure and/or Hydromodifica on Management Measure
constructed through an alterna ve compliance op on (allowed by the Director per
16.11.180(c)) shall also have a maintenance agreement that complies with this sec on.
16.11.230 Low Impact Development Source Control and Site Design Measures for Projects
Other Than “Regulated Projects” Under Sec on 16.11.150
Development and Redevelopment Projects that require a Planning and Land Use En tlement or
Building Permit from the City but are not Regulated Projects shall implement LID Source Control
and Site Design Measures as required by City Regula ons and the MRP. The design and
implementa on of the measures shall be in accordance with the guidelines and technical
specifica ons established by the Director, City regula ons, and the MRP. LID features shall not
be altered without permission from the Director.
16.11.240 Requirements for All Development Projects
(a) Applicability. This Sec on shall apply to any Development Project that requires a Planning
and Land Use En tlement review or Building Permit, except for minor projects such as those
limited to signs, fences, and parking restriping that have no or minimal poten al to create
Non-Stormwater Discharges.
(b) Development projects shall meet all applicable requirements of the Palo Alto Regula ons for
Stormwater Pollu on Preven on and must be designed to accommodate Best Management
Prac ces described in Sec on 16.11.290 and City regula ons, as applicable.
*NOT YET APPROVED*
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16.11.250 Requirements for Loading Docks
(a) Applicability. This Sec on shall apply to any project that includes the construc on of a
Loading Dock.
(b) The following requirements shall be met for all Loading Docks where applicable:
(1) The Loading Dock and surrounding area shall consist of Impervious paving
appropriate for the material(s) that will be loaded/unloaded to avoid leaching into or
degrada on of paving.
(2) The Loading Dock shall be covered and protected from precipita on, Stormwater
Runoff and Stormwater Run-on to minimize poten al Non-Stormwater Discharges.
(3) The Loading Dock shall be designed to drain to the Sanitary Sewer System. Drains
may be required to be equipped with a fail-safe shut-off valve, normally closed, or
equivalent device according to the type of materials or substances being transferred.
Valve shall be immediately shut off if a spill of any size occurs and shall not be
opened un l the spill is complete remediated.
16.11.260 Drainage Design Standards for Development Projects
(a) All new Development Projects shall meet the requirements of the Public Works Drainage
Design Standards and the Santa Clara County Drainage Manual in effect at the me of
submission of a complete planning applica on, or if no planning applica on is required for
the Development Project, at the me of submission of a complete applica on for a Building
Permit or excava on and grading Permit, whichever occurs first.
(b) All Redevelopment projects and Remodels requiring a Building Permit or excava on and
grading Permit shall meet the requirements of the Public Works Drainage Design Standards
provided by the Public Works Director for the por on of the site or facility being
constructed, Remodeled, or improved.
(c) Notwithstanding the foregoing provisions of this Sec on, a project shall not be subject to
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the requirements of this Sec on if the project does not include new drainage pa erns or
alter exis ng drainage pa erns of the site.
16.11.270 Requirements for Construc on Sites and Ac vi es
(a) All workers, contractors, subcontractors, and superintendents of Construc on Sites of any
size shall follow and implement all applicable provisions of Stormwater management,
Pollu on preven on, and erosion and sediment control plans and ensure that BMPs are in
place to prevent poten al Pollutants from being tracked, mobilized, carried, transported, or
Discharged into the on-site storm drain inlet(s), City’s right-of-way, Storm Drain System, and
Receiving Waters, as required by City regula ons.
(b) Projects covered under the State of California Construc on General Permit (CGP) shall also
meet the requirements of this Sec on. Project Applicants shall provide to the City a copy of
the No ce of Intent and No ce of Termina on required under the CGP.
(c) Construc on BMPs shall be in place un l exterior Impervious Surfaces, the Building shell,
landscaping, and Stormwater Treatment Measures are in place. In addi on to BMPs
generally applicable to Construc on Sites year-round, all Construc on Sites shall implement
site-specific, seasonally and phase-appropriate BMPs as required by the Director.
(d) The Director is authorized to oversee, inspect, and require expedient compliance with the
requirements of this Sec on at all Construc on Sites year-round. Inspec ons shall occur at a
regular frequency established by the Director.
(e) Contractor/Subcontractor Requirements. The Applicant shall be responsible for ensuring
that its contractors and subcontractors comply with this Sec on.
Part 4 Required Best Management Prac ces for All Dischargers
16.11.280 Minimum Best Management Prac ces for All Dischargers
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(a) Any Person engaged in ac vi es or opera ons that will or may result in a Non-Stormwater
Discharge, or who owns or manages a facility or property where such ac vi es or opera ons
occur, shall implement and consistently comply with applicable BMPs outlined in the City
regula ons.
(b) The Director may require compliance with addi onal requirements, including Structural
Retrofit BMPs, if necessary, to achieve the purposes of this Chapter.
Part 5 Illicit Discharge Detec on and Elimina on and Mobile Sources
16.11.290 Spill Containment and No fica on of Non-Stormwater Discharges
(a) Any Responsible Party who has knowledge or informa on of any known or suspected
release of materials, which has resulted in or may result in a Non-Stormwater Discharge
other than that permi ed by this Chapter shall immediately report to the City and take all
necessary steps to immediately cease, contain, and clean up the spill using dry clean-up
methods. If a Person cannot iden fy the spilled material, the Person shall not a empt to
clean it up in a manner that may result in a Discharge or harm to human health. The
Responsible Party shall adhere to the City regula ons and any other direc on from the
Director or other City representa ve.
(b) If a spill occurs on private property, the Responsible Party shall be responsible for cleaning
the private property and any private sanitary or storm drain components located on said
property. The Responsible Party shall seek guidance from City staff before cleaning the
private sanitary or storm drain components.
(c) The Responsible Party or representa ve shall not clean any City infrastructure, including any
components of the City’s Storm Drain or Sanitary Sewer Systems, without permission from
the Director.
(d) The Director shall conduct an inves ga on and enforcement per the Enforcement Response
Plan un l the issue is deemed corrected.
*NOT YET APPROVED*
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(e) The Responsible Party and their agents shall adhere to the requirements of Title 17 of this
Code with respect to Hazardous Materials and Wastes, and all applicable requirements of
the County of Santa Clara and the State of California.
16.11.300 Mobile Businesses
(a) Non-Stormwater Discharges from Mobile Businesses. Mobile Businesses whose ac vi es
involve the poten al Non-Stormwater Discharge shall not allow wash water or any other
Non-Stormwater Discharge to Discharge into a storm drain inlet or other component of the
Storm Drain System, onto the street, sidewalk, or other paved surface, or directly into a
water body. Instead, all wash water and Pollutants shall be disposed of in a cleanout that is
connected to the Sanitary Sewer System according to the requirements of the City of Palo
Alto Pretreatment Program.
(b) Mobile Businesses shall employ BMPs to prevent Pollutants from Discharging to the Storm
Drain System or the Sanitary Sewer Systems without pretreatment, as required by City
regula ons or otherwise required by the Director.
Part 5 Pes cides Toxicity Control
16.11.310 Pes cides Toxicity Control
(a) The Director shall develop, maintain, and implement an Integrated Pest Management Policy
and procedures for the use of pes cides.
(b) All City employees and contractors shall comply with the Integrated Pest Management
Policy and procedures in City opera ons and on City property.
Part 6 Trash Load Reduc ons
*NOT YET APPROVED*
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16.11.320 Trash Load Reduc ons
(a) Requirements for Exis ng Businesses. By July 1, 2025, private proper es that generate
moderate, high, or very high trash loads, as defined in City regula ons, and that Discharge
into private storm drain inlets, shall be equipped with Full Trash Capture Systems or be
managed with trash Discharge control ac ons equivalent to or be er than Full Trash Capture
Systems. Property owners must install and maintain trash capture systems in compliance
with City regula ons and the requirements of the MRP. Property owners shall be responsible
for documen ng maintenance records per requirements of the City regula ons.
Maintenance records shall be made available to the Director upon request.
(b) Requirements for Development Projects. All Development Projects that have operable
private storm drain inlets on their property that directly Discharge to the City’s Storm Drain
System, any creek, or the San Francisco Bay shall install and maintain Full Trash Capture
Devices or systems in compliance with City regula ons and requirements of the State Water
Resources Control Board.
(c) Full Trash Capture Device or System Maintenance Requirements. Full Trash Capture Devices
or Systems shall be maintained by the property owner to ensure that they are opera ng
appropriately and have sufficient opera ng capacity to capture trash consistent with the
MRP and City regula ons. The inspec on and maintenance of each Full Capture Device shall
be at a frequency sufficient to prevent overflow or bypassing of trash and plugging or
clogging of screen and device's trash reservoir. Full Trash Capture Devices will be inspected
by City staff to ensure compliance.
(d) The private property owner shall be responsible for documen ng maintenance records per
requirements of the City regula ons. Maintenance records shall be made available to the
Director upon request.
Part 7 Mercury Controls
16.11.330 Mercury Controls
*NOT YET APPROVED*
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(a) The Director shall implement a mercury control program consis ng of load reduc on
assessment, Pollu on preven on, Source Control Measures, treatment control measures,
Green Stormwater Infrastructure, and measures to reduce risk to consumers of Bay fish.
(b) Source Property Iden fica on and Abatement. The Director shall inves gate and iden fy
proper es and land areas that likely contribute mercury to the Storm Drain System and take
ac on to abate or cause abatement of the mercury sources or refer the iden fied proper es
to the Regional Water Board for follow-up measures. Source proper es referred to the
Water Board shall implement interim enhanced opera on and maintenance measures as
required by the Director.
(c) Designated Proper es. Proper es in industrial areas and in other zones designated in City
regula ons shall implement treatment control measures, GSI measures, or other control
measures to treat Stormwater per the MRP, regional guidance and City regula ons.
Part 8 Polychlorinated Biphenyls (PCBs) Controls
16.11.340 Polychlorinated Biphenyls Controls
(a) The Director shall implement a polychlorinated biphenyls (PCBs) control program consis ng
of an assessment methodology and data collec on program to iden fy and quan fy
reduc ons of PCB loads in Stormwater through implementa on of Pollu on preven on,
Source Control, and treatment control, Green Stormwater Infrastructure, and other
measures.
(b) Source Property Iden fica on and Abatement. The Director shall inves gate and iden fy
proper es and land areas that likely contribute PCBs to the Storm Drain System and take
ac on to abate or cause abatement of the PCB sources and/or refer the iden fied proper es
to the Regional Water Board for follow-up measures. Source proper es referred to the
Water Board shall implement interim enhanced opera on and maintenance measures as
required by the Director.
(c) Designated Proper es. Proper es in industrial areas and in other zones designated in City
regula ons or proper es otherwise designated by the Director shall implement treatment
*NOT YET APPROVED*
36
0290171_20250418_ms29
control measures, GSI measures, or other control measures to treat Stormwater according
to the requirements of the MRP, regional guidance, and City regula ons.
16.11.350 Management of PCBs During Building Demoli on Ac vi es
(a) Applicability. This sec on shall apply to projects that require a Demoli on Permit.
Demoli ons of single-family residences or any wood-framed structures are exempted from
this requirement.
(b) PCB Screening Assessment. Any Person undertaking a project that involves the demoli on of
an en re Building constructed or Remodeled between January 1, 1950 and December 31,
1980, inclusive, shall perform a PCB Screening Assessment to determine the presence of
PCBs and other hazardous substances at the demoli on site and to follow applicable
disposal requirements. The PCB Screening Assessment shall be submi ed prior to issuance
of any demoli on Permit, in a form and substance prescribed by the Director. The Director
may require the PCB Screening Assessment to include any informa on reasonably necessary
to determine the concentra on of PCBs in any primary building materials.
(c) For demoli on of Buildings containing materials with PCBs concentra ons of 50 ppm or
greater approved on and a er July 1, 2023 iden fied per required sampling procedures of
this PCBs Program, demoli on contractors shall no fy the City at least two weeks before any
demoli on is to occur. Applicant shall determine if addi onal agency no fica on or
approvals, or addi onal sampling for and abatement of PCBs, is required under other
applicable laws. Applicant shall comply with all federal and state laws and regula ons,
including but not limited to health, safety, and environmental laws and regula ons, that
relate to management and cleanup of any and all PCBs, including but not limited to PCBs in
priority building materials, other PCBs-Contaminated materials, PCBs-Contaminated liquids,
and PCBs waste. The requirements of this sec on do not replace or supplant the
requirements of state or federal law, including but not limited to the Toxic Substances
Control Act, 40 Code of Federal Regula ons (CFR) Part 761, and California Code of
Regula ons (CCR) Title 22. The demoli on contractors shall provide no fica on to the City if
it is determined that advance approval from the U.S. EPA is required. If advance approval to
U.S. EPA is not required, then the demoli on contractors shall submit a Hazardous Waste
manifest for the disposal of the PCBs materials to the City within one week of it becoming
*NOT YET APPROVED*
37
0290171_20250418_ms29
available. The demoli on contractors shall no fy the City that the demoli on is complete
within five business days of comple on.
(d) Applicants shall submit wri en no fica ons documen ng any changes in the informa on
submi ed in compliance with this sec on to the Director when changes in project
condi ons affect the informa on submi ed with the Permit applica on.
(e) Applicants shall conduct onsite PCB control measures described in City regula ons and as
prescribed by the Director.
(f) The Director shall inspect Construc on Sites during demoli on to verify adequate
implementa on of Construc on Site controls and proper disposal of PCB-containing
materials.
(g) Recordkeeping. Applicants shall maintain documenta on of the results of the priority
building materials screening assessment for a minimum of five years a er submi al to the
City.
(h) Liability. Applicant is responsible for safely and legally complying with the requirements of
this sec on. Neither the issuance of a Permit under the requirements of the Director or
building department, nor the compliance with the requirements of this sec on or with any
condi on imposed by the City, shall relieve any Person from responsibility for damage to
Persons or property resul ng therefrom, or as otherwise imposed by law, nor impose any
liability upon the City for damages to Persons or property.
Part 9 Copper Controls
16.11.360 Copper Controls
(a) Pools, Spas, and Fountains. Discharges from pools, spas, and fountains that contain copper-
based chemicals are prohibited from entering the Storm Drain System. Owners of pools,
spas, and fountains shall either install a connec on to a private sanitary sewer, including a
*NOT YET APPROVED*
38
0290171_20250418_ms29
connec on for filter backwash, or divert the Discharge for use in landscaping. Discharge
diverted for use in landscaping shall not overflow the landscaped area.
(b) Sources. Each industrial source in the City shall have BMPs in place to minimize Discharge of
copper to the Storm Drain System, including considera on of roof runoff that might
accumulate copper deposits from ven la on systems on site.
(c) Roofing Materials. Copper metal roofing, copper granule containing asphalt shingles, and
copper gu ers shall not be permi ed for use on any residen al, commercial, or industrial
Building for which a Building Permit is required. Copper flashing for use under les or slates
and small copper ornaments are exempt from this prohibi on. Replacement roofing and
gu ers on historic structures are exempt, provided that the roofing material used shall be
pre-pa nated at the factory. For the purposes of this exemp on, the defini on of "historic"
shall be limited to structures designated as Category 1 or Category 2 Buildings in the current
edi on of the Palo Alto Historical and Architectural Resources Report and Inventory.
(d) Sites requiring copper controls shall comply with all applicable BMPs described in City
regula ons and otherwise prescribed by the Director.
SECTION 3. If any Sec on, Subsec on, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining por on or Sec ons of the
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
Sec on, Subsec on, sentence, clause or phrase thereof irrespec ve of the fact that any one or
more Sec ons, Subsec ons, sentences, clauses or phrases be declared invalid.
SECTION 4. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Sec on 15308 of the CEQA Guidelines, because
it is an ac on taken by the City as a regulatory agency to assure the maintenance, restora on,
enhancement, or protec on of the environment where the regulatory process involves
procedures for protec on of the environment.
//
//
//
*NOT YET APPROVED*
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SECTION 5. This ordinance shall be effec ve on the thirty-first day a er the date of its
adop on.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City A orney or Designee City Manager
____________________________
Director of Public Works
*NOT YET APPROVED*
Ordinance No. ______
Ordinance of the Council of the City of Palo Alto Amending Title 16 of the
Palo Alto Municipal Code to Add a New Chapter 16.13, Requirements for
Food Facili es Related to Water Pollu on Preven on and Management of
Fats, Oils, and Grease
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declara ons. The City Council finds and declares as follows:
A. Urban Stormwater Runoff is considered a significant pathway for Pollutants into local
creeks and the San Francisco Bay. Rain, irriga on, and other water flows wash Pollutants
off impervious surfaces like streets, sidewalks, roofs, driveways, and parking lots into
Storm Drain Systems and creeks and, ul mately, to the San Francisco Bay. Water that
flows to the Bay from the Storm Drain System and creeks does not receive any treatment
and is o en contaminated by Pollutants that can be toxic to fish, wildlife, and people.
B. Fats, Oils and Grease generated by Food Facili es can easily clog Sanitary Sewer System
pipes when flushed down the drain without pretreatment. Clogged pipes can result in
Sanitary Sewer System backups and overflows, pollute local creeks and the Bay, and
cause significant infrastructure damage crea ng a financial strain on businesses,
residents, and the City.
C. The City is required to comply with the State Water Resources Control Board Order No.
WQ 2022-0103-DWQ Statewide Waste Discharge Requirements General Order for
Sanitary Sewer Systems, which requires protec on of the Sanitary Sewer System and
elimina on of preventable Sanitary Sewer Overflows.
D. Protec on of the Storm Drain System, Sanitary Sewer System, and local Receiving Waters
requires strict regula ons to prevent discharges and damage to infrastructure. Water
quality requirements in the Municipal Regional Stormwater Permit issued by the San
Francisco Bay Regional Water Quality Control Board, the U.S. Environmental Protec on
Agency "General Pretreatment Regula ons for Exis ng and New Sources of Pollu on"
published at Title 40 of the Code of Federal Regula ons, Part 403, and the Federal Water
Pollu on Control Act, 33 U.S.C. sec on 1251 shall be followed.
E. In order to be er protect public health, local Receiving Waters, and the City’s Storm
Drain and Sanitary Sewer Systems, the City now intends to update its Municipal Code to
include all applicable Food Facility requirements within the same Chapter 16.13, as
opposed to dividing Stormwater and pretreatment requirements between mul ple
chapters.
*NOT YET APPROVED*
0290174_20250422_ms29 2
F. Food Facili es shall also adhere to requirements in Chapter 16.11, a component of the
City’s Stormwater Compliance Program, which supports the City’s authority to
implement Stormwater Pollu on preven on requirements mandated by the Regional
Water Quality Control Board.
SECTION 2. Title 16 of the Palo Alto Municipal Code is amended to establish Chapter 16.13 to
read as follows:
*NOT YET APPROVED*
0290174_20250422_ms29 3
Table of Contents
Part 1 Purpose and Intent; Defini ons _____________________________________________ 5
16.13.010 Purpose and Intent ________________________________________________________ 5
16.13.020 Defini ons _______________________________________________________________ 5
Part 2 General Provisions ______________________________________________________ 10
16.13.030 Administra on ___________________________________________________________ 10
16.13.040 Applicability _____________________________________________________________ 11
16.13.050 Conflicts with Other Laws __________________________________________________ 11
16.13.060 Alternate Means and Methods ______________________________________________ 11
16.13.070 Reten on of Records ______________________________________________________ 11
16.13.080 Obstruc on, Damage, or Impairment to Storm Drain and Sanitary Sewer Systems and
Rights-of-way ____________________________________________________________________ 11
Part 3 Authority to Inspect and Enforce ___________________________________________ 12
16.13.090 Authority to Inspect _______________________________________________________ 12
16.13.100 Authority to Require Correc ve Ac ons _______________________________________ 12
16.13.110 Fees and Charges _________________________________________________________ 13
Part 4 Prohibited Discharges, Devices, and Connec ons ______________________________ 13
16.13.120 Prohibited Discharges _____________________________________________________ 13
16.13.130 Prohibited Devices, Equipment, and Connec ons _______________________________ 14
Part 5 Grease Control Device Requirements ________________________________________ 14
16.13.140 Requirements for Installing or Replacing Exis ng Grease Control Devices _____________ 14
16.13.150 Grease Control Device Maintenance Requirements ______________________________ 14
Part 6 Roo op Grease Containment System Requirements ____________________________ 14
16.13.160 Requirements for Installing or Replacing Exis ng Roo op Grease Containment Systems _ 14
Part 7 Waste Oil Management Requirements ______________________________________ 14
16.13.170 Waste Oil Storage Requirements for Food Facili es ______________________________ 14
16.13.180 Waste Oil Management and Maintenance Requirements for Food Facili es ___________ 15
Part 8 Spill Response Requirements ______________________________________________ 15
16.13.190 Requirements for Fats, Oils, and Grease Spill Response Ac vi es Conducted at and
Associated with Food Facili es _______________________________________________________ 15
Part 9 Best Management Prac ces for Exis ng Facili es ______________________________ 15
16.13.200 Required Best Management Prac ces for Exis ng Facili es ________________________ 15
Part 10 Mobile Food Facili es ___________________________________________________ 15
*NOT YET APPROVED*
0290174_20250422_ms29 4
16.14.210 Mobile Food Facili es _____________________________________________________ 15
Part 11 Food Facility Closure or Ownership Change __________________________________ 15
16.14.220 Food Facility Closure or Change of Ownership __________________________________ 15
*NOT YET APPROVED*
0290174_20250422_ms29 5
Part 1 Purpose and Intent; Defini ons
16.13.010 Purpose and Intent
The purpose of this Chapter is to control and limit impacts from Fats, Oils, and Grease (FOG)
generated by Food Facili es to the City of Palo Alto (City) Storm Drain System, Sanitary Sewer
System, right-of-way, and Receiving Waters, including the San Francisco Bay (Bay) and local
creeks, marshes, wetlands and other natural habitats, as well as to protect human health and
the environment. This Chapter is enacted and shall be implemented in a manner consistent with
the U.S. Environmental Protec on Agency "General Pretreatment Regula ons for Exis ng and
New Sources of Pollu on" published at Title 40 of the Code of Federal Regula ons, Part 403, the
Porter-Cologne Water Quality Control Act (Water Code Sec on 13000 et seq.), and the Federal
Clean Water Act (33 U.S.C. Sec on 1251 et seq.) (CWA), as amended from me to me. This
Chapter is designed to be no less stringent than regional, state or federal regula ons, rules,
orders, and policies but in some respects is more stringent. The City intends to update and
modify this Chapter as needed to con nue to meet state and regional requirements and provide
a program for protec on of the San Francisco Bay and other Receiving Waters. If any provision
of this Chapter conflicts with state or regional requirements, as amended or updated, the more
stringent and environmentally protec ve provision shall apply.
This Chapter supplements the provisions of Chapters 16.09 and 16.11 of the Palo Alto Municipal
Code, which apply to uses and ac vi es in the City more broadly, as well as Food Facili es. This
Chapter is intended to complement, rather than supersede, the provisions of City building codes
and regula ons applicable to the installa on and opera on of grease capturing equipment.
16.13.020 Defini ons
The following terms, whenever used in this Chapter, are capitalized and shall be as defined
herein. For purposes of this Chapter, terms defined in Chapter 16.11 shall have the same
meaning in this Chapter, 16.13, except to the extent expressly modified in this Sec on.
(a) “A” defini ons: Reserved
(b) “B” defini ons:
(1) “Best Management Prac ces” or “BMPs” means a combina on of general good
housekeeping prac ces, Pollu on preven on and educa onal prac ces, opera ons
and maintenance procedures, and other prac ces to prevent or reduce to the
Maximum Extent Prac cable Non-Stormwater Discharges directly or indirectly to the
Storm Drain System, Sanitary Sewer System, right-of-way, or Receiving Waters.
(2) “Building” means any structure used or intended for suppor ng or sheltering any use
or occupancy.
*NOT YET APPROVED*
0290174_20250422_ms29 6
(c) “C” defini ons:
(1) “City” or “The City” means City of Palo Alto, California.
(2) “Community Food Producer” means a producer of agricultural products on land that
is not zoned for agricultural use but is otherwise in compliance with applicable local
land use and zoning restric ons, including but not limited to restric ons governing
personal gardens, community gardens, school gardens, and culinary gardens.
(d) “D” defini ons:
(1) “Director” means the Director of Public Works of the City of Palo Alto and their duly
authorized designees.
(2) “Discharge” means the introduc on of a Pollutant to the Storm Drain System,
Sanitary Sewer System, or a Receiving Water from any ac vity or opera on
associated with a Food Facility or Mobile Food Facility.
(3) “Discharger” means any Person who causes or permits a Discharge.
(e) “E” defini ons:
(1) “Enforcement Response Plan” or “ERP” means a reference document for inspec on
staff and management to ensure a consistent and transparent enforcement process
for mee ng City, regional, and state requirements.
(f) “F” defini ons:
(1) “Fats, Oils, and Grease” or “FOG” means any substance, such as a vegetable or
animal product, that is used in, or is a byproduct of, the cooking or food prepara on
process, and that turns or may turn viscous or solidifies with a change in
temperature or other condi ons. FOG does not include any products associated with
petroleum.
(2) “Food Facility” means a permanent establishment or mobile business opera ng for
the purpose of preparing, packaging, serving, or providing food (including only pre-
packaged) and/or drinks for consump on by that establishment’s members,
customers, employees, or the general public. “Food Facility” does not include the
following:
(i) Loca ons where food is stored temporarily but not prepared or served;
(ii) Private home kitchens, also known as co age food opera ons, as defined by
the California Department of Public Health;
(iii) Community Food Producers;
(iv) Farmers’ markets and produce stands, except where food is prepared and
served at the market;
*NOT YET APPROVED*
0290174_20250422_ms29 7
(v) Kitchen facili es principally for individual use by employees ancillary to
another primary use (i.e., office break rooms); and
(vi) Public events at temporary loca ons without connec ons to the Sanitary
Sewer System and Storm Drain System.
(3) “Food Facility Development Project” means new construc on or replacement of a
structure built to serve solely as a Food Facility or a structure that includes a Food
Facility and requires a Planning En tlement or Building Permit from the City.
(4) “Food Waste Disposer” means a device installed under a sink drain used to shred
and/or grind food waste into smaller par cles in order for it to drain to the Sanitary
Sewer System.
(g) “G” defini ons:
(1) “Grease Control Device” means a device designed to collect and prevent passage of
food waste and FOG into the Sanitary Sewer System. Grease Control Devices
addressed in this Chapter include gravity grease interceptors, grease removal
device(s), and hydromechanical grease interceptors.
(h) “H” defini ons: Reserved
(i) “I” defini ons: Reserved
(j) “J” defini ons: Reserved
(k) “K” defini ons: Reserved
(l) “L” defini ons:
(1) “Lateral” means the drainage piping and appurtenances that cons tute a Building’s
connec on to the Sanitary Sewer System.
(m) “M” defini ons:
(1) “Maximum Extent Prac cable” or “MEP” means u lizing all reasonably feasible
means, including implementa on of BMPs, control techniques, and system, design
and engineering methods.
(2) “Mobile Food Facility” means any vehicle used in conjunc on with a commissary or
other permanent Food Facility upon which food is sold or distributed at retail. This
does not include a “transporter” used to transport packaged food from a Food
Facility, or other approved source to the consumer.
(3) “Municipal Regional Permit” or “MRP” means the most recently adopted San
Francisco Bay Area Municipal Regional Stormwater Permit, a mul -countywide
municipal Stormwater NPDES Permit issued by the California Regional Water Quality
Control Board, San Francisco Bay Region-Region 2 (Regional Water Board), to
*NOT YET APPROVED*
0290174_20250422_ms29 8
regulate Discharges from municipali es and local agencies in Alameda, Contra Costa,
San Mateo, and Santa Clara coun es, and the ci es of Fairfield, Suisun City, and
Vallejo to the San Francisco Bay.
(n) “N” defini ons:
(1) “Non-Stormwater Discharge” means any Discharge that is not en rely composed of
Stormwater. Non-Stormwater Discharges include but are not limited to polluted
groundwater, any Pollutant, Discharges allowed under an NPDES Permit, or an Illicit
Discharge.
(2) “NPDES” means Na onal Pollutant Discharge Elimina on System, which is a na onal
program for issuing, modifying, revoking and reissuing, termina ng, monitoring and
enforcing permits, and imposing and enforcing pretreatment requirements, under
Sec ons 307, 402, 318, and 405 of the Federal Clean Water Act.
(o) “O” defini ons: Reserved
(p) “P” defini ons:
(1) “Person” means any individual, partnership, firm, company, corpora on, associa on,
joint venture, joint stock company, trust, estate, governmental en ty, or any other
legal en ty; or their representa ves, agents, or designees.
(2) “Pervious” refers to a material or surface (such as landscaping or natural landscape)
that allows water to infiltrate below the surface. Pervious materials may include, but
are not limited to, permeable interlocking concrete pavers, permeable pavers,
Pervious concrete and porous asphalt.
(3) “Planning En tlement” means approval provided by the City to develop a Building
(or Buildings) or a piece of land for a specific use according to the City’s development
standards, rules, and regula ons.
(4) "Pollutants” or “Pollutant” means those substances that may cause or contribute to
the degrada on of water quality of Receiving Waters and are harmful to aqua c life,
human health and the environment. Pollutants associated with Food Facili es
include cleaning agents, food waste, trash, and Fats, Oils, and Grease.
(5) "Pollu on" means the presence, introduc on or Discharge into a Receiving Water of
a Pollutant that has harmful or poisonous effects on aqua c life, ecological habitat,
natural processes of creeks and waterbodies, public health and the environment.
(q) “Q” defini ons: Reserved
*NOT YET APPROVED*
0290174_20250422_ms29 9
(r) “R” defini ons:
(1) “Receiving Water” means waters of the State, as defined by the Porter-Cologne
Water Quality Control Act. Receiving Waters include but are not limited to creeks,
marshes, wetlands, shorelines, estuaries, and bays.
(2) "Refuse" means and includes compostable materials, recyclable materials, and solid
waste. Solid waste means solid and semisolid wastes, generated in or upon, related
to the occupancy of, remaining in or emana ng from residen al premises or
commercial premises including but not limited to garbage, trash, rubbish, ashes, and
industrial wastes.
(3) “Refuse Management Area” means an area located outdoors used to store Refuse
bins and/or dumpsters, inside or outside of an enclosure.
(4) “Responsible Party” means any Person who owns, operates, or manages a property,
business, facility, or site, or who is otherwise responsible for the ac vi es thereon or
the Person whose ac on or omission causes or results in a viola on of this Chapter.
(5) “Roo op Grease Containment Systems” means the filters applied to roo op
termina ons at Food Facili es. They are applied to roo op fans on exhaust systems
to capture the aerosol form of FOG from food being cooked in the kitchen.
(s) “S” defini ons:
(1) “San Francisco Bay Regional Water Quality Control Board” or “Regional Water Board”
means the regional agency whose mission is to preserve, enhance, and restore the
quality of the San Francisco Bay’s water resources for the protec on of the
environment, public health, and all beneficial uses. This agency oversees compliance
of the MRP.
(2) “Sanitary Sewer Overflow” means any overflow, spill, release, Discharge, or diversion
of untreated or par ally treated wastewater from a Sanitary Sewer System.
(3) “Sanitary Sewer System” means the collec on system, all sewers, treatment plants
and other facili es owned or operated by the City for carrying, collec ng, storing,
trea ng, reclaiming, and disposing of sanitary sewage and industrial wastes (as
defined in Sec on 16.09.015 of Title 16 of the Palo Alto Municipal Code).
(4) “Storm Drain System” means the storm drain facili es owned, managed, or operated
by the City by which Stormwater is collected and/or conveyed to Receiving Waters,
including but not limited to streets and roads, gu ers, curbs, inlets, piped storm
drains, parking lots, pumping facili es, reten on and deten on basins, natural and
human-made or altered drainage channels, reservoirs, and other drainage structures
which are within the City’s jurisdic on. The Storm Drain System also includes pipes,
underground and surface conveyances, and other components on private property
*NOT YET APPROVED*
0290174_20250422_ms29 10
and other property within the City’s limits not owned by the City that connect
and/or route Stormwater and Stormwater Runoff to the City’s Storm Drain System.
(5) “Stormwater” means any surface flow, runoff, and drainage consis ng en rely of
water that originates from precipita on events.
(6) “Stormwater Runoff” means flow that is created when precipita on falls on
Impervious Surfaces or compacted Pervious surfaces that do not allow water to
infiltrate into the ground.
(7) “Structural Retrofit Best Management Prac ces” or “Structural Retrofit BMPs”
means a retrofit to a structure, fixed feature, or property to prevent or minimize the
poten al of a Discharge to the Storm Drain System, Sanitary Sewer System, or
Receiving Waters.
(t) “T” defini ons: Reserved
(u) “U” defini ons:
(1) “United States Environmental Protec on Agency” or “U.S. EPA” or “EPA” means the
Environmental Protec on Agency of the United States of America, a federal agency,
whose mission is to protect human health and the environment and the oversees
compliance with environmental regula ons.
(v) “V” defini ons: Reserved
(w) “W” defini ons:
(1) “Waste Oil” means FOG generated by cooking or Food Facility equipment that is not
plumbed to the Sanitary Sewer System but is collected, stored, and hauled off-site.
Waste Oil is also known as cooking oil, yellow oil, or tallow.
(2) “Waste Oil Container” means any container used to store Waste Oil.
(x) “X” defini ons: Reserved
(y) “Y” defini ons: Reserved
(z) “Z” defini ons: Reserved
Part 2 General Provisions
16.13.030 Administra on
The Director shall be responsible for the administra on and enforcement of the provisions of
this Chapter and for promulga ng such orders, rules, condi ons of approval, and requirements
as are necessary to accomplish the purposes of this Chapter. The primary regulatory document
*NOT YET APPROVED*
0290174_20250422_ms29 11
implemen ng this Chapter is Palo Alto Regula ons for Food Facili es Related to Water Pollu on
Preven on and Management of Fats, Oils, and Grease.
16.13.040 Applicability
This Chapter shall apply to all Food Facili es and Mobile Food Facili es as defined in this
Chapter. Nothing in this Chapter shall be interpreted to infringe on any vested property right.
16.13.050 Conflicts with Other Laws
In the event of any conflict between this Chapter and any federal or state law, regula on, order,
or permit, the requirement that establishes the higher standard for public health or safety shall
govern. Nothing in this Chapter shall preclude enforcement of any other applicable law,
regula on, order, or permit.
16.13.060 Alternate Means and Methods
If compliance with any sec on of these regula ons is infeasible, the Director, upon applica on
in wri ng by the owner, a lessee, or an authorized representa ve of the Food Facility, is
authorized to approve alternate means or methods of compliance with this Chapter. The Food
Facility shall demonstrate, as required by the Director, that the proposed alterna ve is at least
equivalent in quality, strength, effec veness, fire resistance, durability, and safety. The
par culars of any such approval made by the Director shall be in wri ng and a signed copy shall
be furnished to the applicant.
16.13.070 Reten on of Records
Food Facili es shall comply with the records reten on requirements in the Palo Alto Regula ons
for Food Facili es.
16.13.080 Obstruc on, Damage, or Impairment to Storm Drain and Sanitary Sewer Systems and
Rights-of-way
Dischargers shall be responsible for and liable to the City for any obstruc on, damage, or
impairment to the Storm Drain System, Sanitary Sewer System, and other rights-of-way
associated with a Discharge that causes an obstruc on, damage, or any other impairment to the
Storm Drain System and Sanitary Sewer System. The City may assess a charge against the
Discharger to reimburse the City for costs incurred to clean or repair said obstruc on, damage
or impairment.
*NOT YET APPROVED*
0290174_20250422_ms29 12
Part 3 Authority to Inspect and Enforce
16.13.090 Authority to Inspect
(a) The Director shall have the authority to inspect inside and outside of private and public
Food Facili es, sites, property, structures, equipment, and drainage systems associated
with Food Facili es, whether exis ng or under construc on, whenever necessary to
ensure and confirm compliance with this Chapter and applicable state, regional, and City
regula ons.
(b) The Director shall be authorized to enter, without unreasonable delay, any premises
subject to the requirements of this Chapter to conduct inspec ons and monitoring to
assure compliance with this Chapter and applicable state, regional, and City regula ons.
An inspec on fee shall be charged for each inspec on at the amount listed in the City’s
Adopted Municipal Fee Schedule.
(c) In the event the owner or occupant of the premises refuses entry a er a request to
enter and inspect the premises has been made, the City is hereby empowered to seek
assistance from any court of competent jurisdic on in obtaining such entry.
16.13.100 Authority to Require Correc ve Ac ons
(a) Enforcement. The Director shall have primary responsibility for enforcement of this
Chapter. The Director is authorized to take all ac ons reasonable and necessary to
enforce this Chapter and any regula ons developed as required hereunder. Viola ons of
this Chapter may be enforced as allowed by Title I of the Palo Alto Municipal Code. The
Director is authorized to exercise the authority provided in the California Penal Code
sec on 836.5.
(b) The Director may require any Food Facility or Person deemed to have violated this
Chapter to take any or all of the following ac ons:
(1) Ensure that the Pollu on be remediated and the affected private and City property
and infrastructure, as relevant, be restored within a specified me. The Responsible
Party shall also be responsible for cleanup or reimbursement of cleanup costs
incurred by the City for cleanup ac vi es associated with any Discharges that have
entered the City’s right-of-way, Storm Drain and/or Sanitary Sewer Systems.
(2) Implement applicable BMPs to protect the Storm Drain System, Sanitary Sewer
System, and Receiving Waters to address Pollutant sources, including but not limited
to, outdoor Waste Oil storage and disposal areas; outdoor Refuse Management
Areas; outdoor parking areas and access roads; outdoor areas used by customers
and employees; outdoor wash areas; outdoor drainage from indoor areas; roo op
equipment; Grease Control Devices and associated plumbing connec ons; private
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0290174_20250422_ms29 13
Laterals; and other sources that have a reasonable poten al to contribute to
Pollu on.
(3) Install Structural Retrofit BMPs to address noncompliance of this Chapter. These
projects shall be approved by the Director and may be require a Planning
En tlement or Building Permit approval from the City.
(c) The Director shall implement a Stormwater Enforcement Response Plan to facilitate
mely and effec ve compliance with the requirements of this Chapter. The Enforcement
Response Plan shall contain, at a minimum, the following:
(1) Enforcement procedures;
(2) Enforcement tools and scenarios;
(3) Procedures for mely correc on of poten al and actual Discharges; and
(4) Procedures for referral and coordina on with other agencies.
(d) The remedies established in this Sec on are not exclusive. In addi on to any other
remedies allowed under the Palo Alto Municipal Code, viola ons may be subject to
penal es established by resolu on of the Council or any other enforcement mechanism
allowed by law.
16.13.110 Fees and Charges
The City may adopt reasonable fees and charges for reimbursement of costs of administering
and enforcing this Chapter.
Part 4 Prohibited Discharges, Devices, and Connec ons
16.13.120 Prohibited Discharges
No Person shall cause, allow, or permit any Threatened or Actual Discharge or allow any of the
following to flow or spill to any Pervious area, street, or City right-of-way. Prohibited Discharges
include, but are not limited to, the following:
(a) Fats, Oils, and Grease (FOG), including any liquid or other wastes containing FOG;
(b) Grease Control Device contents;
(c) Waste Oil Container contents;
(d) Drippings or spills from Outdoor Refuse Management Areas;
(e) Refuse, liquids, and other waste from indoor and outdoor storage and wash areas and
public or employee areas associated with a Food Facility; and
(f) FOG accumula ons on roo ops of Food Facili es from roo op termina ons.
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0290174_20250422_ms29 14
16.13.130 Prohibited Devices, Equipment, and Connec ons
(a) Plumbing lines and drainage fixtures located in bathrooms shall not be connected to a
Grease Control Device.
(b) No dishwashers shall be connected to a Grease Control Device.
(c) No Food Facility shall install, maintain, or use a Food Waste Disposer (as required in
16.08.110 of Title 16 of the Palo Alto Municipal Code).
(d) Unless otherwise approved by the Director, no Food Facility shall install, maintain, or use
any food waste liquefiers, aerobic or anaerobic food waste digesters, food composters,
or similar devices designed or intended to digest biodegradable kitchen waste to be
drained to the Sanitary Sewer System.
(e) A Food Facility shall not connect any fixture or outdoor drainage to the City’s Storm
Drain System except with permission from the Director.
Part 5 Grease Control Device Requirements
16.13.140 Requirements for Installing or Replacing Exis ng Grease Control Devices
Food Facili es shall install and operate a Grease Control Device and with required connected
fixtures in compliance with the Palo Alto Regula ons for Food Facili es.
16.13.150 Grease Control Device Maintenance Requirements
Grease Control Devices shall be maintained in accordance with the Palo Alto Regula ons for
Food Facili es.
Part 6 Roo op Grease Containment System Requirements
16.13.160 Requirements for Installing or Replacing Exis ng Roo op Grease Containment
Systems
Food Facili es shall install and maintain Roo op Containment systems in accordance with the
Palo Alto Regula ons for Food Facili es.
Part 7 Waste Oil Management Requirements
16.13.170 Waste Oil Storage Requirements for Food Facili es
Food Facili es shall comply with the waste oil storage requirements in the Palo Alto Regula ons
for Food Facili es.
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0290174_20250422_ms29 15
16.13.180 Waste Oil Management and Maintenance Requirements for Food Facili es
All Food Facili es that use and store Waste Oil Containers shall comply with the requirements in
the Palo Alto Regula ons for Food Facili es.
Part 8 Spill Response Requirements
16.13.190 Requirements for Fats, Oils, and Grease Spill Response Ac vi es Conducted at and
Associated with Food Facili es
Fats, Oils, and Grease spill response ac vi es conducted at and associated with Food Facili es
shall comply with the Palo Alto Regula ons for Food Facili es.
Part 9 Best Management Prac ces for Exis ng Facili es
16.13.200 Required Best Management Prac ces for Exis ng Facili es
In addi on to the Best Management Prac ces required by Chapter 16.11 of the Palo Alto
Municipal Code, Food Facili es shall implement BMPs in accordance with the Palo Alto
Regula ons for Food Facili es.
Part 10 Mobile Food Facili es
16.14.210 Mobile Food Facili es
Mobile Food Facili es shall comply with requirements of the Santa Clara County Department of
Environmental Health and applicable sec ons of the Palo Alto Regula ons for Food Facili es.
Part 11 Food Facility Closure or Ownership Change
16.14.220 Food Facility Closure or Change of Ownership
(a) Food Facili es shall be responsible for a final cleanout and shu ng down of opera ons
of their Grease Control Device(s) upon closure of their business and shall adhere to the
Palo Alto Regula ons for Food Facili es.
(b) GCDs shall be cleaned in accordance with the Palo Alto Regula ons for Food Facili es at
the me of Food Facility business closure, closure of the Building in which the Food
Facility is located, or a change in ownership of the Food Facility.
(c) A GCD that has been abandoned in place or has been otherwise discon nued from
further use shall have the contents removed therefrom, and the bo om perforated and
be completely filled with crushed rock, sand, controlled low strength material, concrete,
or other material as approved by the Director. Subsequent Food Facili es shall be made
*NOT YET APPROVED*
0290174_20250422_ms29 16
aware of the abandoned GCD and install a separate GCD that meets current
requirements.
(d) Building owners that occupy a space or Building with a Grease Control Device that is
deemed out of compliance or was not adequately shut down when the previous Food
Facility closed shall take responsibility for that device. Owners shall adhere to the Palo
Alto Regula ons for Food Facili es.
SECTION 3. If any sec on, subsec on, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining por on or sec ons of
the Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
sec on, subsec on, sentence, clause or phrase thereof irrespec ve of the fact that any one or
more sec ons, subsec ons, sentences, clauses or phrases be declared invalid.
SECTION 4. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Sec on 15308 of the CEQA Guidelines,
because it is an ac on taken by the City as a regulatory agency to assure the maintenance,
restora on, enhancement, or protec on of the environment where the regulatory process
involves procedures for protec on of the environment.
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SECTION 5. This Ordinance shall be effec ve on the thirty-first day a er the date of its
adop on.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City A orney or Designee City Manager
____________________________
Director of Public Works
*NOT YET APPROVED*
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0290168_20240405_ms29
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Title 16 of
the Palo Alto Municipal Code to Add a New Chapter 16.66 (Hauled
Liquid Waste) to Regulate the Discharge of Hauled Liquid Waste at the
Palo Alto Regional Water Quality Control Plant (RWQCP)
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. The Palo Alto Regional Water Quality Control Plant (RWQCP) accepts certain hauled liquid
wastes from transporters that operate within the areas served by the RWQCP.
B. Hauled liquid waste can cause adverse impacts to wastewater treatment plants because it
is typically more concentrated than domestic wastewater and may not be equalized when
discharged.
C. Adverse impacts may include pass through, interference, sludge contamination, and
hazards to personnel at the RWQCP.
D. To prevent adverse impacts associated with hauled liquid wastes, the City of Palo Alto needs
to adequately control the discharge of hauled liquid waste at the RWQCP.
E. This ordinance revises the hauled liquid waste program by adding new requirements and
clarifying existing requirements for the discharge of hauled liquid waste to the RWQCP,
including suggested requirements from the 2007 Environmental Protection Agency Model
Pretreatment Ordinance.
SECTION 2. A new Chapter 16.66 (Hauled Liquid Waste) is hereby added to Title 16 of the
Palo Alto Municipal Code to read as follows:
Chapter 16.66 Hauled Liquid Waste
SECTIONS:
16.66.010 Purpose
16.66.020 Definitions
16.66.030 Responsibility of the Director
16.66.040 Discharge of Hauled Liquid Waste
16.66.050 Hauled Liquid Waste Discharge Permit Required
16.66.060 Hauled Liquid Waste Discharge Permit Application Procedure
16.66.070 Approved Vehicles
16.66.080 Waste Monitoring
16.66.090 Reporting Requirements for Waste Haulers
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0290168_20240405_ms29
16.66.100 Retention of Records
16.66.110 Insurance
16.66.120 Hauled Liquid Waste Discharge Permit Modification
16.66.130 Hauled Liquid Waste Discharge Permit Suspension or Revocation
16.66.140 Hauled Liquid Waste Discharge Permit Denial, Suspension, or Revocation Hearing
16.66.150 Personnel Orientation
16.66.160 Enforcement and Penalties
16.66.170 Charges and Fees
16.66.180 Closure of Receiving Station
16.66.010 Purpose
The purpose of this Chapter is to regulate the discharge of hauled liquid waste at the Palo
Alto Regional Water Quality Control Plant (RWQCP).
16.66.020 Definitions
The following terms and phrases, whenever used in this Chapter, shall be as defined herein.
(a) “Chemical toilet waste” means human excrement and deodorizers collected from a
portable chemical toilet.
(b) “Cesspool” means a lined or partially lined underground pit into which raw sanitary
sewage is discharged.
(c) “City” means the City of Palo Alto located in the State of California.
(d) “Director” means the City’s director of public works, his or her designee, or such other
person as may be designated by the city manager.
(e) “Hauled liquid waste” means sewage collected from a septic tank, seepage pit, cesspool,
chemical toilet, or other similar device.
(f) “Hauled liquid waste discharge permit” means a permit issued by the director, used as
a control mechanism, which grants revocable permission and authorization to discharge
hauled liquid waste to the receiving station.
(g) “Hazardous material” means any material so designated by Title 17 of this code.
(h) “Hazardous waste” means a material designated as a hazardous waste by Federal, State,
or local regulations.
(i) “Industrial waste” means any waste so designated by Chapter 16.09 of this code.
*NOT YET APPROVED*
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(j) “NPDES permit” means National Pollutant Discharge Elimination System Permit and
controls water pollution by regulating point sources that discharge pollutants into
waters of the United States.
(k) “Person” means any individual, partnership, copartnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any other legal
entity; or their legal representatives, agents, or assigns. This definition includes all
Federal, State, and local government entities.
(l) “Publicly Owned Treatment Works” or “POTW” means a treatment works, as defined by
Section 212 of the Clean Water Act (33 U.S.C. Section 1292), which is owned by the City.
This definition includes any devices or systems used in the collection, storage,
treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature
and any conveyances, which convey wastewater to a treatment plant.
(m) “Receiving station” means the location that has been identified by the director as the
authorized discharge point for hauled liquid wastes.
(n) “RWQCP service area” means the cities of Los Altos, Mountain View, and Palo Alto; the
town of Los Altos Hills; the East Palo Alto Sanitary District; and the unincorporated area
of the County of Santa Clara where the Stanford University campus is located.
(o) “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.
(p) “Sewage” means any material so designated by Chapter 16.09 of this code.
(q) “Waste hauler” means any person engaged in the collection and transport of waste.
16.66.030 Responsibility of the Director
Except as otherwise provided herein, the director shall administer, implement and enforce the
provisions of this Chapter. The director shall be responsible for promulgating such orders, rules,
regulations and requirements as are necessary to accomplish the purpose of this Chapter. Any
powers granted to or duties imposed upon the director may be delegated by the director to a
duly authorized City employee.
16.66.040 Discharge of Hauled Liquid Waste
(a) Hauled liquid waste may only be discharged at the receiving station.
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0290168_20240405_ms29
(b) No waste hauler shall introduce or cause to be introduced into the receiving station the
following pollutants, substances, or wastewater:
(1) Commercial or industrial process wastewater, industrial waste, hazardous
materials, or hazardous waste;
(2) Stormwater, groundwater, or artesian well water, unless authorized by the director;
(3) Wastes from soil boring or construction operations;
(4) Sludge, biosolids, or any other solid materials from sewage or water treatment plants;
(5) Grease, oil, or waste collected from grease control devices as defined by Chapter 16.13 of
this code;
(6) Any waste prohibited by Section 16.09.040 of this code; or
(7) Any waste collected from any property or location outside the RWQCP service area,
unless authorized by the director.
16.66.050 Hauled Liquid Waste Discharge Permit Required
(a) No person shall deliver or discharge hauled liquid wastes at the receiving station without
first obtaining a hauled liquid waste discharge permit from the director.
(b) Any violation of the terms and conditions of a hauled liquid waste discharge permit shall
be deemed a violation of this Chapter and shall subject the permittee to the enforcement
provisions set forth in this Chapter. Obtaining a hauled liquid waste discharge permit from
the City does not relieve a permittee of its obligation to comply with all Federal, State, or
county waste hauling requirements or with any other applicable provisions of Federal,
State, and local law.
(c) No hauled liquid waste discharge permit is transferable without prior written consent of
the director. A change of ownership (including a transfer of the majority of shares in a
corporate discharger) requires submittal of a new hauled liquid waste discharge permit
application and payment of any applicable fees.
(d) The director may impose terms and conditions or other provisions in hauled liquid waste
discharge permits which the director deems reasonable or necessary to carry out the
purpose of this Chapter.
(e) Issuance of a hauled liquid waste discharge permit establishes a conditional privilege to
discharge. Issuance of a hauled liquid waste discharge permit does not create property
rights, nor does it create a vested irrevocable right or privilege. The director has the right
*NOT YET APPROVED*
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0290168_20240405_ms29
to refuse any hauled liquid waste load.
16.66.060 Hauled Liquid Waste Discharge Permit Application Procedure
(a) An applicant for a hauled liquid waste discharge permit shall complete and submit a
hauled liquid waste discharge permit application established by the director. The director
may require information in addition to that required on the hauled liquid waste discharge
permit application form as deemed reasonable or necessary to evaluate the hauled liquid
discharge permit application.
(b) Completed hauled liquid waste discharge permit applications shall be filed by the
discharger not less than ten (10) calendar days in advance of commencing or
recommencing discharge. The discharger shall not commence or recommence discharge
prior to obtaining a hauled liquid waste discharge permit without specific, interim
approval from the director to discharge during the permitting process.
(c) The director may deny any application for a hauled liquid waste discharge permit for good
cause, including, but not limited to, the following reasons:
(1) The application contains false or misleading information;
(2) The application is not accompanied by the required fee(s);
(3) The issuance of the hauled liquid waste discharge permit would result in the
discharge of wastes of such quantity or strength that the public health, safety, or
public or private property are endangered;
(4) The issuance of the hauled liquid waste discharge permit would cause the City to
violate any NPDES permit conditions, or any Federal, State, or local laws or
regulations;
(5) The applicant has not provided adequate information to establish that its
discharge will comply with all requirements of this Chapter and with such other
terms and conditions as the director may deem necessary to include in the
applicant's hauled liquid waste discharge permit;
(6) The applicant has failed to pay or has outstanding fees, fines, or penalties owed
to the City related to activities governed by this Chapter.
(d) If the director denies the issuance of a hauled liquid waste discharge permit, any
application fees paid shall not be returned to the applicant unless the director has
ascertained that a hauled liquid waste discharge permit is not required to discharge the
waste for which the hauled liquid waste discharge permit application is made.
(e) Incomplete or inaccurate hauled liquid waste discharge permit applications will not be
*NOT YET APPROVED*
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0290168_20240405_ms29
processed.
16.66.070 Approved Vehicles
Access to and use of the receiving station shall be granted only to vehicles possessing a valid permit
issued by the Santa Clara County Department of Environmental Health in addition to a hauled liquid
waste discharge permit approved by the director.
16.66.080 Waste Monitoring
(a) The director may conduct all inspection, surveillance, sampling, and monitoring necessary
to assure compliance with applicable Federal, State, and local regulations including this
Chapter.
(b) The City shall have the right by and through its officers, employees, or other persons
engaged by the City to do so, to take such samples of hauled liquid waste delivered by
any person to the receiving station as the City in its sole discretion may deem appropriate
to obtain a representative sample of each delivery's contents. Such samples may be taken
prior to, during, or after any such delivery or discharge. Without being limited thereto,
results of analyses made of such samples at an accredited laboratory may be used to
determine a permittee's compliance with the provisions of this Chapter.
(c) The director may require a waste hauler to provide representative sample and/or a
representative waste analysis of any load prior to discharge.
16.66.090 Reporting Requirements for Waste Haulers
(a) The director may require holders of hauled liquid waste discharge permits to submit
reports to demonstrate or document compliance with this Chapter.
(b) The director may require information on a waste hauler’s operations in addition to that
required in the hauled liquid waste discharge permit application or other reports to
evaluate waste hauler compliance with the provisions of this Chapter.
(c) The director may establish an electronic submittal program for submission of reports,
documents and data and require use thereof by holders of hauled liquid waste discharge
permits.
(d) Waste haulers that send electronic (digital) documents to the director to satisfy the
requirements of this Section must meet all Federal, State, and local electronic signature
requirements. Electronic data shall be in a format required by the director. The director
may require reporting in both digital and traditional format.
(e) Nothing in an electronic submittal program established by the director limits the use of
the electronically submitted reports, documents, or data or any information contained
*NOT YET APPROVED*
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0290168_20240405_ms29
therein as evidence in enforcement proceedings.
(f) Waste haulers shall comply with all reporting requirements established by the director. A
waste hauler’s failure to submit required reports, documents or data as required or by
the specified submission deadline shall constitute a violation of the provisions of this
Chapter. The director may allow submission of required reports, documents and/or data
on the following business day in instances where the due date falls on a weekend or legal
holiday.
16.66.100 Retention of Records
Waste haulers subject to the reporting requirements of this Chapter shall retain, and make
available for inspection and copying without unreasonable delay, all records of information
obtained pursuant to this Chapter including, but not limited to, any required monitoring activities,
any additional records of information obtained pursuant to monitoring activities undertaken by
the discharger independent of such requirements, and documentation associated with best
management practices. This includes electronic data and information records maintained and/or
submitted in accordance with Section 16.66.090 of this Chapter. All records required to be
maintained by this Chapter shall remain available for a period of at least three (3) years. This period
shall be automatically extended for the duration of any pending investigation or enforcement of
NPDES Permit conditions or where the discharger has been specifically notified of a longer
retention period by the director.
16.66.110 Insurance
No person shall deliver or discharge hauled liquid wastes at the receiving station unless such
person, at his or her sole cost and expense, has and maintains in full force and effect the insurance
policies, endorsements, certificates and/or binders required by the City.
16.66.120 Hauled Liquid Waste Discharge Permit Modification
The director may modify any hauled liquid waste discharge permit for good cause, including, but
not limited to, the following reasons:
(a) To incorporate any new or revised Federal, State, or local requirements;
(b) A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
(c) Information indicating that the permitted discharge poses a threat to the POTW, City
personnel, or the receiving waters;
(d) Violation of any terms or conditions of the hauled liquid waste discharge permit;
8
*NOT YET APPROVED*
(e) Misrepresentations or failure to fully disclose all relevant facts in the hauled liquid waste
discharge permit application or in any required reporting;
(f) To correct typographical or other errors in the hauled liquid waste discharge permit;
(g) To reflect a transfer of the facility ownership or operation to a new owner or operator; or
(h) To implement programs or policies required or requested of the City by appropriate
Federal, State, or local regulatory agencies.
16.66.130 Hauled Liquid Waste Discharge Permit Suspension or Revocation
(a) The director may deny or suspend the use of the receiving station to any person who fails
to comply with the orders, rules, regulations, and requirements adopted by the director
or the terms and conditions contained in a hauled liquid waste discharge permit.
(b) The director may suspend or revoke a hauled liquid waste discharge permit indefinitely
for good cause, including, but not limited to, the following reasons:
(1) Failure to complete a hauled liquid waste discharge permit application;
(2) Misrepresentation or failure to fully disclose all relevant facts in the hauled liquid
waste discharge permit application;
(3) Knowingly or negligently providing false information on any hauled liquid waste
discharge permit application, manifest, document, or other record submitted to
the RWQCP;
(4) Falsifying reports and certification statements;
(5) Failure to accurately complete reports or other paperwork required by the
director;
(6) Failure to provide a representative sample upon request;
(7) Tampering with monitoring equipment;
(8) Disposal of wastes originating outside the RWQCP service area without prior
approval from the director;
(9) Disposal of wastes at the receiving station in a manner which causes or threatens
to cause undue mess to the receiving station;
*NOT YET APPROVED*
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0290168_20250417_ms29
(10) Disposal of wastes at any location other than the receiving station;
(11) Failure to pay fees, fines, or penalties;
(12) Failure to maintain a valid Environmental Health permit through the Santa Clara
County Department of Environmental Health;
(13) Failure to provide advance notice of the transfer of business ownership;
(14) Violation of any term or condition of the hauled liquid waste discharge permit or
any provision of this Chapter; or
(15) Failure of the waste hauler to comply with the waste handling, disposal, and
reporting requirements of the Santa Clara County Department of Environmental
Health.
(c) All hauled liquid waste discharge permits issued to a discharger are void upon the
issuance of a new hauled liquid waste discharge permit to that discharger.
16.66.140 Hauled Liquid Waste Discharge Permit Denial, Suspension, or Revocation
Hearing
(a) An applicant or permit holder shall have at its request, a hearing before the city manager,
or his or her designee, to appeal a decision by the director to deny the applicant’s
discharge permit application, suspend, or revoke a discharger’s discharge permit.
(b) The director shall give the applicant or permit holder written notice of intent to deny the
applicant’s discharge permit application, suspend, or revoke a discharger’s discharge
permit. The notice shall set forth specifically the grounds for the director’s intention to
deny the applicant’s discharge permit application, suspend, or revoke a discharger’s
discharge permit and shall inform the applicant or permit holder that they have ten (10)
calendar days from the date of receipt of the notice to file a written request for a hearing
with the director. The application shall be denied or the permit shall be revoked, or
suspended if a hearing request is not received by the director within the ten (10) day
period.
(c) If the applicant, permit holder, or interested party or parties file(s) a timely hearing
request, the city manager, or his or her designee, shall within ten (10) calendar days from
the receipt of the request, set a time and place for the hearing. All parties involved shall
have the right to offer testimonial, documentary, and tangible evidence bearing on the
issues and to be represented by counsel. The decision of the city manager, or designee,
whether to deny the applicant’s discharge permit application or to modify, make subject
to additional terms, suspend, or revoke the discharger’s discharge permit shall be final.
16.66.150 Personnel Orientation
*NOT YET APPROVED*
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(a) Waste haulers shall attend orientation provided by the City prior to initial discharge but
after permit issuance. All waste haulers are responsible for ensuring new drivers know
where the receiving station is and how to use it, or to arrange for a City-provided
orientation prior to discharge.
16.66.160 Enforcement and Penalties
(a) Warning. When the director finds that a user has violated, or continues to violate, any
provision of this Chapter or a hauled liquid waste discharge permit, the director may issue
verbal or written warnings in response to minor violations of this Chapter. Compliance
with warnings does not limit further enforcement action by the City.
(b) Notice of violation. When the director finds that a user has violated, or continues to
violate, any provision of this Chapter, a hauled liquid waste discharge permit, or order
issued hereunder, the director may serve upon that discharger a written notice of
violation (NOV). The NOV may include a deadline for the discharger to respond with an
explanation of the violation and a plan for the satisfactory correction and prevention
thereof. Submission of such a plan in no way relieves the discharger of liability for any
violations occurring before or after receipt of the NOV. Nothing in this Section shall limit the
authority of the director to take any action, including emergency actions or any other
enforcement action, without first issuing a notice of violation.
(c) Administrative citation. When the director finds that a user has violated, or continues to
violate, any provision of this Chapter or a hauled liquid waste discharge permit, the
director may issue an administrative citation in accordance with the provisions contained
in Chapter 1.12 of this code. Issuance of an administrative citation shall not be a bar
against, or a prerequisite for, taking any other action against the person.
(d) Emergency suspension. The director may immediately suspend any discharge, after
informal notice to the user, whenever such suspension is necessary to stop an actual or
threatened discharge, which reasonably appears to present, or cause an imminent or
substantial endangerment to the health, safety, or welfare of persons. The director may
also immediately suspend a discharger’s discharge that threatens to interfere with the
operation of the POTW, or which presents, or may present, an endangerment to the
environment. Any discharger notified of a suspension of its discharge shall immediately
stop or eliminate its contribution. In the event of a discharger’s failure to immediately
comply voluntarily with the suspension order, the director may take such steps as deemed
necessary to prevent or minimize damage to the POTW or endangerment to any persons.
The director may allow the discharger to recommence its discharge when the discharger
has demonstrated to the satisfaction of the director that the period of endangerment has
passed.
(e) Civil penalties.
(1) Any person who has violated, or continues to violate any provision of this Chapter
or a hauled liquid waste discharge permit shall be liable to the City for a maximum
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civil penalty of up to twenty-five thousand dollars ($25,000) per day for each day
in which such violation occurs.
(2) The City may petition the Superior Court of California pursuant to Government
Code Section 54740 to recover the sums in subsection (e)(1) of this Section as well
as reasonable attorneys’ fees, court costs, and other expenses associated
with enforcement activities, including sampling and monitoring expenses, and
the cost of any actual damages incurred by the City.
(3) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking
any other action against a discharger.
(f) Criminal penalties. As provided in Chapter 1.08 of this code, violations of the provisions
of this Chapter shall be subject to criminal penalties.
(g) Remedies nonexclusive. The remedies provided for in this Chapter are cumulative and not
exclusive, and shall be in addition to the provisions of Chapters 1.08, 1.12, and 1.16 of this
code, and all other remedies available to the City under Federal, State, or local law. The
director may take any, all, or any combination of these actions against a noncompliant
discharger. The director is empowered to take more than one enforcement action against
any noncompliant discharger. Enforcement actions may be taken concurrently.
16.66.170 Charges and Fees
(a) The City may adopt reasonable fees for reimbursement of costs of setting up and
operating the City’s hauled liquid waste program, which may include:
(1) Fees for treatment and discharge of hauled liquid waste;
(2) Fees for hauled liquid waste discharge permit applications including the cost of
processing such applications;
(3) Fees for monitoring, inspection, and surveillance procedures including the cost of
collection and analyzing a waste hauler’s discharge, and reviewing monitoring
reports and certification statements submitted by waste haulers;
(4) Fees for filing appeals;
(5) Fees to recover administrative and other costs (not included in subsection (a)(2)
of this Section) associated with the enforcement activity taken by the director to
address discharger noncompliance; and
(6) Other fees as the City may deem necessary to carry out the requirements of this
Chapter.
16.66.180 Closure of Receiving Station
*NOT YET APPROVED*
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The director may suspend discharge of hauled liquid waste at the receiving station for a
period of time deemed reasonable or necessary, for good cause including, but not limited
to: RWQCP operational issues, concerns, or violations; emergencies; natural disasters;
power failures; RWQCP maintenance or repair; excess flow entering the RWQCP; and
weather conditions. Hauled liquid waste discharge permit holders shall have no recourse
against the City for any reason including, but not limited to, economic loss incurred as a
result of receiving station closure.
SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of the
Ordinance. The Council hereby declares that it should have adopted the Ordinance and each
section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases be declared invalid.
SECTION 4. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15308 of the CEQA Guidelines, because it
is an action taken by the City as a regulatory agency to assure the maintenance, restoration,
enhancement, or protection of the environment where the regulatory process involves procedures
for protection of the environment.
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*NOT YET APPROVED*
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SECTION 5. This Ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney or Designee City Manager
____________________________
Director of Public Works