HomeMy WebLinkAbout0121.092...
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January 16, 1992
THE HONORABLE CITY COUNCIL
Palo Alto, California
A..-nendment!i! to the Palo Alto Ml1fiicipa.l Code Se' .. 'cr Use Ordir!ance
Members of the Council~
Rfi!ort in Brief
This report recOIllrnends that CourJcil approve a;'l1endments to the Sewer
Use Ordinance to include new requirements for vehicle service
facilities, food service facilities, new bui ldings, and copp.er
based root control chemicals.
The purpose of the new requirements for vehicle service facilities,
copper based root control cheIt'.icals, and ne\.r bui Idings is to reduce
the amount of heavy !!letals discharged fron the Regio::1al Water
Quality control Plant (RwQCP) to San Francisco Bay, a$ mandated by
the discharge permit issued by the Regiotlal h"ater Quality Control
Board {RWQCB}. 'I'he. purpose of the modi fications for food service
facilities is to reduce blockage and accelerated reaintenance in the
sanitary sewer system.
Modification$ ____ nf.or Vehicle Service Facilitie§.
The proposed modifi-:ations are necessitated by tr.e City's sanitary
selNer National Pollution Discharge Elir:-.ination. systen (NPDES)
discharge permit which requires the regulation of vehi~le service
facilities. In addition, the ordina~ce revisions will serve to
satisfy the City's storm water KFDES permit "./hich requires Pa]o
Alto and its co-permittees, including thE Sar.ta Clara Valley Water
District, to imple.me.nt an industrial identification and control
program. We intend to regl..O.late vehicle service facilities pursuant
to the ordinance rather than by issuing individual industrial w'aste.
discharge permits to each vehicle service facility. Per~it5 will
be issued only to those facilities with treat--nent and discharge
systems. This should prove to be less burdensome to the vehicle
service industry, ....,hich already feels Gver-...'helmed by -;overnl11ent
regulations and paperwork. Ver=iclE. se-n/ic€: facilities, which wDuld
be regulated by the ordinance revisions, are co~mercial or
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CMR: 121: 92
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industrial facilities vhich conduct one or ~ore of the following:
commercia 1 vehi cle repair, fuel d isyens ing, vehicle fluid
replacement, engine and parts cleani!"lg, body rep-3 ir, veh icl e
salvage and ~T4'!cking rand vehie Ie ..... ashing. The ordj nance broadly
defines a "vehicle" as a mode of trar'.sportij1g people or things.
Vehicles include, but ar~ not limited to, automobiles, trucks,
recreational vehicles, tractors, airplanes and ?oats.
Staff developed the propcsed modifications to the ordinance based
upon the Best Management Practices (BMPS) pertinent to tha vehiclp.
service indastry, regard in.:;r the di s~har-qe of pollutants to the
sa'"Iitary or storm sewer system. Bl1Ps are rneesures such as chemical
handli:rlg procedures, cleaning methods, ·,.:astewater di sposal,
treatment, spill prevention, and employee training which, when
complied .. dth, effectively reduce or eliminate the disctlarge of
pollutants. The RWQCP formed a vehicle service. facilities
subconunittee of the Metals Jl.dvisor-}' G~Cl\..Jp to re'~ie' .. t and COiT'.ment on
the specific Best Management Pl"~ct: ces. T!"lese Br1Ps ,"'ere al so
cc.mpared 'With th€ BMPs developed by the City of San Jose regarding
t~e sanitary se ... er and the Santa Clara Valley Water District
r-egarding the storm sewer. The appropt"iate E.~Ps ',",ere then 5elected
and adapted for incorporation into the oniinance. P.epreserltatives
of the Partner agencies WerE;' involved in the review of the BMPs and
the proposed revisions to the Falo l-.lto Se· ... 'er use ordinance.
During the next few-months the Partner agencies .. :i 11 be passing
similar sewer use ordinances.
The proposed modifications include a requirement for vehicle
service facilities to train their employees regarding Best
Ma:Liagement Practice.s, ...... hich w'ill be published in a brochut"e to be
distributed by the City. The proposed oydinance Dodifications and
BMPs have been mailed to the ve!-.icle 5ervice facilitieG and the
members of the advisory 5l,lbcor"z.ittec 'Jf the xetals Advisory Group.
Several examples 0: the proposed ~odifications are as follows:
1. All floor drain5, '",dth tr,e E->:ception of
to per:rnitted wastewater treatrr,ent
eliminated.
those dra ins corino:cted
syste~s, shall be
2. No person shall perform vehicle fluid rCli10val outside a
building, nor on aspl1alt or ground surfaces, ~hether inside or
outside a building, excE:pt in such a :r:,anner as to ensure that
any spilled fluid .... ill be in an area of s~condaq; containment.
3. No parson shall discharge ir.to the storm drain w'ater from
Vehicle washing operations, except frOD rinsing of vehicle
exterior surfaces, i,,rith .... 'ater only, for appearance purposes.
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CMR: 121:92
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This el!:ception does not apply to commercial vehicle 'Washing
tacilities or fleet ~a5hi~g facilities.
T¥.o'o meetings .. 'ere he}d ""ith the vehicles service subcommittee of
the Metals Advisory Group~ in addition to 3 larger public meeting
to discuss the proposed ordi~ance modifications. staff responded
to the co~.ents and conc.:rns voiced at these ":.hree meetings. IteR
#3 above generated the most debate beca\...:.se bu.siness representatives
felt this to be unfairj since residents are allowed to wash their
cars in the streets. Staff is currently developing public
irLfonnation materials tOl' the residential sector, .... ·hich ""ill
include recorn...'1Iendations fer res idents to 1) use comroerc i a 1 C'.a::
washes, 2) wash th~ir cars over dirt or lawns or 3) to dispose of
the bucket of soap and w.'ater aOI.m a sink or toilet ~ instead of in
the street ~r storm drainj.
Provisions of the proposed ordinance are already being followed by
many businesses in Palo Alto. For Iflost facilities; it is not
envisioned tl:J.at the ordinance 1oI'i]1 result in sismificant costs.
The ordinance .... 'ill also apply to se"\;eral facili'ties affiliated 'With
the City, including the Municipal Ser~fices Center (J'IlSC) and the
Palo Alto Airport. Ho~'~ve!', th-=re are nr:J significant unbudge'ted
City costs which these faeil i ties ..... ·i11 have to bear.
Modifications for F.pod _S __ ervice Facilities
The proposed mDdifications are necessitated by sewer blockages arLd
accelerated line maintenance resulting fro~ the discharge of
grease, primarily from food service facilities. The. proposed
ordinance revisions ,",auld require. food service facilities to
install grease removal devices to control grease discharge to the
sewer. All new grease generating facilities (including replacement
kitchens) must install grease removal devices; and all existing
facili~ies must install the~ withl~ five years, or earlier, upon a
determination that they contribute to blockages.
The pI"oposed modifications ... ere developed by distributing a dreft
for-comments to local restaur~nts, city employees · .... ith duties
relevant to the issue, tne Palo Alto Chambe~ of Cc~roerce, and the
Oo-..mtcwn Environmental Action Project. The conrments received
focused on concern for the cost of install ing grease removal
devices, especially at E',xisting facilities. The draft was revised
to ailo...-most food service facilities fiv.;, years to install these
devices. Facilities with a history of grease discharge problems
and facilities causing a blockage ""'ou ld be requ ired to install
grease removal devices upon notification by the City. In addition,
the proposed modifiCations specify :1aintenance requirements for the
cleaning of grease removal de~ices.
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CMR,l21,92
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Many businesses already h,:;./e L"'l.stalled appI'opriate greas~ removal
devices and, therefore, the proposed ordinance will not require
expenditure.s for ther:\. Facilities IH'hi';h a::-e r~quire.d to install
devices ~ill have to pay $2,000 -$10,000 depending on their size.
This cost "'culd occur now fo::'" a n<?'",,' f~cility or one con'tributing to
blockages. For o-:'her facilities, the expenditure ,"'QuId have to be
made ... ithin the ne:xt five years.
Ne"'lRemodelled Fdcil..i.ties
Several other i!lodifications to the SC',:er LOse Ordir,ance are being
proposed .'i th this pacJ.:age in the j nter-est of effie ie"cy. They are
as follows:
1. Shelving and cabinets above sinks s:hall net be used for
chemical stor.9.ge.
2. Industrial waste shall be segregated, ~ith separate plumbing,
frore sanitary waste prior to dil~ti~n with other wa5te5trea~s
in all ne~ buildings.
LQ.Plli,r-Based Root Control Che!T! __ tt:::_~J __ $
Staff is investigating W2;yS of reducing coppe:" (ar'Jd other metals)
discharged to the ci ty sewer syst~~,. because the dischar-ge fcc.m the
RWQCP currently exceeds established limits. As part of that
investigation, it became apparent that high strength copper
compounds are occasionally used by residents to attempt to ki 11
roots which can b!.ock se'.>Jer Ii nes. City staff and Icea 1 plu!':1bers
ceased using such compounds $O::1€ time ago for t,,,,"O reasons. first.
documentation that the copper compounds are effective is lacki~g
and more effective nen-copper compounds are available. second,
copper is harmful 1:.0 selo,rage treatment plants and, in high
concen~rations, to San Francisc0 Bay.
The copper-based rc·ot control COiTlpcunds: ar.~ st i 11 a\:,3 lIable,
hot,.."eve.r, through harch,rare stQres a:'lJ building supply stores.
Businesses and residents can and do apply the r::o~pounds to 5e'","er
lines. The proposed ordinance " .. 'culd ban the use of the copper
compounds (exceeding 5 percent copper-by ·,.:eight) in $eWE:-:" lines.
The alternatives aVailable are:
1. Non-copper compounds appl ied by plu~l:.e!'"s.
2. Mechanical cleaning and cutting of roots.
3. Relocating plants away fro~ S€4Sr lines.
The cost of the alternatives is substantially greater than use of
the copper-base.d chemicals. Application r;·f a non-copper compound
by a plumber is $50 as opposed to a $10 purchase of tbe cappe!:'-
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CMIH 121: 9~
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based chemical. Ho ... ·ever. it does not appear that the copper-based
c.1)emicals are typically effectiv~ and, therefore, .:;omparir'lg these
costs would not be appropriate.
One application of 3. copper-based chemical conta~ns approximateJ':l
one-half pour.d of copper, which is an amount squal to the total
daily allowable discharge from the RWQCP. Eliminatir'lg the use of
these chemicals is essential for conpl iance ',with the extrer:'1ely lo'''''
~ffluent limitations.
ReCOInmendation
staff recowmends that Ccuncil approve the attached o~dinance
amending sections in Chapter 15 of the Palo Alto Municipal Code to
reduce blockage and accelerated maintenance in the sanitary sewer
system and to reflect neW' requjrements for the reduction of heavy
metals discharged from the Regional Water Quality Control Plant
in~o San Francisco Bay.
Respectfully submitted,
PHILIP BOBEL
Manager, EnvironT'Jental Compliance Division
DAVID G. ADA."'IS
Director of Public Works
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FLEMING
1I:'~sistant cit
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V'ce: Partners
Attachment:
CMR: 121:92
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Proposed Ordi nance Re'Jisions
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OFDINANCE NO.
ORD:::NANCE OF THE COUSCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTER 15~09 [SEWER USE ORDINANCE] OF
THE PALO ALTO MUNICIPAL CODE, IN ACCORDANCE WITH
NPD~S PERMIT REQUIREMENTS
The Council of the city of Palo Alto does ORDAIN as
follo'Ws:
SECTION-1.. Section 16.09~OlO of the Palo Alto Municipal
Code is hereby amended to read as follo""s:
16~09_010 Definitions. The fol1o~ing words a~d phrascs~
whenever used in this chapter, shall be as defined herein. Words~
terms and phrases used in this chapter not otherwise defined shall
be as defined or interpreted or used in the pretreatment
regulations. Terminology for analytical testing shall be that
cO:ltained in "Guidelines Establishing Test Procedures for the
Analysis of Pollutants N , published at Title 40 CFR, Part 136.
(1) "Average concentration" of a substance means the
total daily discharge weight of tne substa~ce divided by the total
daily wastewate= volume at the point of discharge.
(2) "Cesspool" means a lined or partially lined
underground pit into which raw sanitary sewage is discharged~
(3) ·Discharger~ means any person who discharges,
causes l or permits the discharge of industrial waste into a city
sewer or sto~' 'dra,l,n ~
(4) "Domestic se~a~e waste" means the liquid and
waterborne 'tiastes derived from the "ordinary living processes, free
from industrial vastes and of such character as to permit
satisfactory disposal, without special treatzeent, into the city' s
seweriHje system.
(5) "EPA'" means the United States Environ:mental
protection Agency.
'6) "Exceptional waste" means that subset of industrial
waste specified in section 16.09.020{c) (2).
(11 ";Foa,d "'rvl.Qe facility" l&eans any establisrun.ent that
1.l~8's:::::;-~t, ',' q.~r-a tl!is :" wease' "~ell,' ,pr4!lpar inq ,', f o¢. F60ci service
~ .. oilitYifOeenot1li.ii.n':any .. faeiHtythat prepares food for Off-site
eOo.ki*'9 'and, consump~iorl, ,O~ ,any ,i:aeility that does not use or
9'~.:F~'~. '9't-ease ,,~n, cooking or preparing food ..
(8), ' -vi"e.-, _ansi: ~nd include,s, fats; 011s .. Wi,ncel3o or
other 'rfilatSd oonstituents~ " Grease 'lilay be of vegetable or animal
origin, includir.q butter" lard, .aargarine .. vegetable fats and oils,
8nd £ats in meats I cer.eals, seeds, nuts and certain fruits.. Crease
aaY,,<llst> be of mineral origin.. including kerosenes, lubrica,tinq
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o_11, anQ;, ,iQaI1 :oil~ Grease in the waster.tater collection syetet"l is
gene:~a.lly present, as, but need not be, a floatable solid, a liquid,
a ,ceJ .. loid", an emulsion,-or in a solution ..
("9:) JlGrease removal d.evice" means an interceptor or
ct:het 1t!eQ.hanical devioe designed, constructed and intended to
r8lllOve, hold or otherwise prevent the passage of gre-ase to the
~nlt.ary '~mi:'~r~
(10) "Hazardous
desiqnated by e&apt~ ritle
malterial ll means -any material 60
17 of 'Cohs Pale .'.l-te lhlRieipal ee~e this
I'~";
(11) WIndustrial waste ft means the wa~te and ~astevater
trom any production, manufacturing or proc2ss ing operation of
whatever nature including instl tutional and c_o~ercial operations
~here ~astewater is used for the removal of significant quantities
of was~e other than domestic se4aqe waste from premises connected
to the city's sanitary sewers.
(.12) "Instantaneous
concentration or other measure
discrete point in tlme.
(13) ·Instantan~ous
concentration or other measure
discrete point in time~
maximum" means the highest
of pollutant J!:I.agnitude taken -at any
minimum" means .the lo\ltfest
of polluta~t magnitude taken at any
(14) "Interceptor" means a receptacle or trap designed
and constructed to intercept, separate, and prevent the passage of
prohibited substances into the sewer system.
(15) "Organic solvent" means any solvent "Which contains
carbon in its molecular structure.
(16)
association,
"Personl:'! means ~ny individual, partnership,
corporation, or public age~cy.
firm,
(1.7) '"Plant" means the Palo Alto Regional Water Quality
Control Plant.
(18) '"Foint of discharge" means the point or points
designated as such in the permit. ~~ere no designation is made it
shall ~ean the point where ~he private sewer joins a public se~er.
(19) -p;retreatient, system-means a treatment system at an
lJ>du",tj:,iu'di"Cf!!ID'lercial. facility that i6 designed to treat water
pr~or:·t-o $nter~,~c;r,,: the c,ityt s sewer syste1'!l~
PO) "Sanitary sewage" means water-carried wastes from
residences, t.usiness, property, institutions and industrial
property excluding ground l surface, stotlDwaters and industrial
wastes.
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(~ll '''Secondary conta~nt· means and shall ha""e the
sellnin9'."p.ociti .. d by Title 17 .of this code.
(22) "'Seepage pit'" means a device comprised of one or
more pits extending into pcrous strata, lined with open-j ointeo
masonry or s1~ilar 'Wal1s~ capped and provided 'With a means of
access such as a manhole cover and into which wa9tewater disposal
system effluent is discharqed4
(23) "sewage treatment plant" ~eans any arrangement of
devices and. structures used for treating sani ttlry sewage and
ind'Ustrial ll!astes.
(24) "'Sewer ll m~ans a pipe or conduit for carryinq sewage.
(25) "Sewer system" or "sanitary sewer system-means all
sewers., treatment plants and othe'i facilities owned or operated by
the city of Palo A.lto for carrying, collecting, treating~ and
disposing of sanit~rf sewage and industrial wastes.
(26) "Storm drains" means the system of pipes and
channels used to convey stormwater.
(27) ~Superintendentft means the manager of the Palo Alto
Regional Water Quality Control Plant., his or her designee or s~ch
other person as may be designated by the city manager.
(28) "Unpolluted water'" lr.eans water to which no
constituent has been added~ either intentionally or accidentally,
that would render such water unacceptable for disposal to storm or
~atural drainage O~ directly to surface ~aters.
SECTION 2. Subsection (fJ of Section 16.09.020 of the Palo
Altc Municipal Code is hereby amended to read as follows:
1'.09.020 Zndustri~l waste discbarge peraitw
(f) Any person or crqaniz~tion desiring to change ,the
q\ia.r.tt:~-tY:'~;,,~~it'y::,of ,~aste ,d:isebarqed ,to the s~er,,-sl'~tem or to
discharge wastes or use facilities which ar-e not in conformance
with their industrial waste pe~it shall apply for and obtain an
amendea permit prior to any such discharge or use~ An application
for an amended permit must be filed sixty days in advance of the
proposed commencement of such discharge or use of such facilities.
SECTION 3. section 16.09.091 is hereby added to Chapter
16~09 of the Palo Alto Municipal Code to read as fellows:
1§. 09.!Wi Storage of",hazardous matgrials above ,vnks. No
~t"n ,shall: S:tob~ ,b~z.ardous ,.aterials above a sink in a cOl1m\ercial
OJ'. indUstrial facility.
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~ION 4. section 16.09.101 is hereby ad~ed to Chapter
16.09 of the Palo Alto Municipal Code to read as follows:
16.09,101 capper-based root control chemicals, No person
sball"discharge, dispose of or add to the sa.nitary sewer systeJII or
to the stOnD. sewer any substance conta inlnq greater than five
percent copper by 'Weight, to control roots or for any othEtr
pu:~·pose.
SECTION 5. section 16.09.102 is hereb~{ a::ided to Chapter
16.09 of the Palo Alto Municipal Code to read as (olloys:
115, Q$ .102 Graase Disposal Prohibited. No person shall
gispose: of any qreass J or cause any qrease to be disposed, by
ClisCtia:l;"9G :into any drainage piping I by discharqe into ally public or
private" sanitary sew~r.. by dlscharge into any storm drainage
iJyatelf1~. or hy discha.rqe to any land r street, public way, ri.ver,
~,~r:t:i!a. or other water""aj'-~
SE~ION 6. section 16.09~103 is hereby added to Chapter
16.09 of the Palo Alto Municipal Code to read as follows~
16.09.103 Grease Removal pevice Required. (a) The owner
t)f'every newly constructed, remodeledf' or converted cOlDJllercial or
~~strial facility with one cr mer. grease generatinq activities,
~~uding Fued Service Facilitiee 'With new or replaceJlJent kitchens, t:'9~:,"which a building pe:ni1.it is issued on or after January ~, 1992 1
!1l14:\Jl ',install or cause to be installed a grease interceptor for
each. grease generating actiVity', of a size equal to Dr qr-eater than
the:_:ai.niIlWi ilize m.eeting-the definition of "grease interceptor"" as
set--'forth in section 108 -of the then currently adopted adition of
the: "Unlform Pl.umbinq Code_
(b) The owner of every commercial or inQ~$trial generator
of grease, including food service facilities, serviced by-a sewer
collection line found to have a grease blOCKage. a. history of
qrease blockac;,'e .. or accelerated line mainten.snce resulting from
grease disposal shall install O.i: cause t.o be ir,st2'lled, upon
notif~cation,by the superintenden~, a qrease removal device.
(c) The owner of every commercial or industrial generator
ot':,:, ,grease, ineluding "tood service facilities, for which
inst:al.lapon of grease' r-emoval devices is not required pursuant to
$Ub.~ion, fa) or (b) of this eeotion l shall install or cause to be
ins;ta11~d., a' .qreaae. remov:ll device for each grease generating
activity" "on or before J,~uary 1, 1997.
(dl. All grease removal deviee(s) .hall be installe<! on the
prDie;:es ,:where" grease is used or generated and shall be sized in
CQnfot."'&ance with' Chapter 7 of the then currently ~dopted edition of
~"le 'Uniform Plumbing Code. The -contents of all qrease removal
devices ",bul be removeQ periodically as necessary to prev~t
violations of this chapter. At a minimum J the contents shall b~
r~lfaOYed every six Dlontbs. All grease removal devices shall be kept
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~n:':~::r~ir, and shall be, aaintained, in continuous, operation.
A::l<>g>:~::411' qre..ase' remeval activit.iee shall be maintained at the
f' .. cg,1t)',~ .. .1.n9 the dat,eof rem(>vol, the """"nt r .... oved and,!:he
lliilJ>Gii:S,tipnritthe r_oved contents, The. log shall be retained for
aiper,lqd.p;tth:ree years" and shall be available for inspectlo" by
"~tyd~rs upon request,
SECTION 7"," Subsections (e) tht"ough {f) cf Section
16.09.110 of the Palo .Alto Municipal Code are hereby amended to
read as fol1o'Ws:
16.01.110 stan4.ar48.
(e' Explosives. No solids, liquids, or gases .... hich by
themselves or by int.eraction 'Wi~h ,other substances 'may c,reat,e fire
or ,,,~::<plos~~m "haz:ar~s, ;!.,ricludinq .. wastestrea1ll8 ,with_ a" clos.ed' ,CUP
f'l4!i!;i!POirit 0{·1""", than 140 <I"9"ee5 Fahrenheit (60 degrees Celsius)
sha'll be dts'charged.. Dlsc'harge of any explosive substance shall be
unlawful~ Flammable substances including, but not limited to,
acetone, alcohols, benzene, gasoline, xylene, hexade and naphtha,
shall not be discharged into the sewer system except where present
in contaminated groundwater discharges being discharged under an
exce-ptioni::ll waste permit: issued by the city. Where groundwater
discharges contain such contaminants, the discharger shall ~onitor
the sc:",,·er atraosphere for explosivity and flammability using a
properly calibrated meter designed for the purpose. The frequency
of such monitoring shall be defined in the permit.. Whenever a
lower explosive level is threatened to be exceeded, the discharger
shall immediately notify the superintendent of the potential hazard
in the sewe~ within fifteen minutes of making the determination of
threatenea axplosivity. The discharger shall follow verbal
notification with a .... ritten explanation of the cause of the
explosive hazard within five working days# with corrective actions
taken to alleviate the situation and ~easures taken to prevent a
reoccurre~ce. The discharger shall not recommence .... ithout pri~r
.... ritten approval of the superintendent or his des!..gnated
representative. Where flammable substances are used in processes,
separate collection and disposal outside the sewer system shall ce
provided.
fet ,ff) Grease and Oil. Grease and/or oil shall not be
discharged into the sewer system if the average concentration of
floatable oil and/or grease (defined as that Which is sUbject to
gravity separation at a temperature of twenty degrees ce~siu$ and
at a pH of 4.5) exceeds t~enty mq/liter; nor shall the total and/or
grease concentration exceed two hundred mq/liter. In addition, the
~isc~l'"ge" ,oL p.e.~ro~ewa oil, T'lonbiod~radable cutting oil .. or
1>r<xl\l¢t.S; pf ainoral' origin in all.ounts that cause interference or
~ss:":~ou9hi,,,BS ,~efin~ by, EPA regulations, shall be prohibited.
t+t (V) Hazardous, Noxious or Malodorous Substances.
No industrial was:te shall be discharged which along cr in
combif1.ation with other ... astes -may create Co public nuisance, ha7.ard,
make human entry into the sewers abnormally hazardous, or which
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~onstitutes a discharge of hazardous substances as defined by Title
17 of t:he----Pale .'lta t1'dflieil!3:1 Ceae this code; Title 22) Part II of
the ~fe'f'flia _'tiaifListr=ati.e CGde California Code of ltegulation&;
or statutes of the United states government.
t'ischa.rgers shall be requi red to certify at least every six
months that their waste does not cor.stitute a hazardous 'Waste, as
4d1nB1i:1iY EPA requlations, and that during the previcus six rnontr.s
no discnarge of hazardous substances or ~aste has occurred.
Dischargers shall be required (as a condition to permission to
clischarge) to file with the Palo 1.1 to fire dep~rt::tlent a current
hazardoua materials plan (HMMP) pursuant t~ Title 17 of this code
and to have on site copies of material safety data sheets for all
hazardous mat,~ria.1s"stcredl generated, or used at the discharger's
site~,,, _~h?Uld:'::'imy e.i6charge of a hazardous waste OO(J.uz-, the
"iSclUlt9~. sball V'l~lly not'.ify the EPA, the Regional water
OU,~-l~,~Y;,::,Cl;I,~ol:!)Oa.rd a.tld the Bupe!:"intende!1t -as soon a& po6sible,
bt:tt,,::lJi'no, 6Y'1mt, la.ter, than 2'" hours after sucb discharge.
Appropriate records of hazardous vaste disposal manifests,
inventories of stored virgin and used hazardous materials, and
other documentation required by the HHMP shall be kept and made
a~ ... ailabl,,= for inspection and/or copying at the city's request.
Mercaptans and dissolved sulfides shall not be discharged
in concentrations exceeding O~l mg/liter.
SECTION 8. Section 16.09.113 is hereby added to Chapter
16.09 of the Palo Alto Municipal Code to read as follows:
I.~h 1>9:;113 ,RequirementS for vehj cle setyice facilities,
f2ln::-;-:,>e~,:i"'iti<)ns. ~or the' purposes of this section the fol.lowiru;
""Ns~~r"5<OS .~ball be as defined herein.
(I} "Commercial vehicle washinq facility" ~eans a
¢ommercia~' fa'cility where vehicle washing is a primary business
activity: .. " ,Commercial vehicle washing: facilities include, but are
not,l~its?'to, mobile washing riqs.
(2) -Fleet washing facility" means a facility for
wasblM ,venieles, at a lOCAtion 'Where. a business m~intainB six or
mor~::-.i"eh,f:.C?:leli;.:.:
{S} ""GroWld surfaces· -aeans and includes dirt ..
~~,!f,~'~:':;~:t' :<>P.te.r. unpaved surfac~$ ..
(4} "Vehicle-means a mode of t~ansporting people or '~1n9:S,. ,Vehi<=les include, but are not limitE.d to, automobiles ..
~rUC~.t" r~~eatlonal, ,vehicles, tractOl:6 J airplanes and boats.
{S) ·vehicle fluid" ,.eano 0 liquid used in or
drairied 1:rC::ril: !t' motor 'vebicle. Vehicle' .fluids include, but are not
liai~ to" ga'soline" diesel fuel, ~ctor oil, brake fluid, l:adiator
-fluid'; ,hydraulic fluid, transsission fluid, and coolant ..
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(6) "Vehiole service tacility~ .~an5 a commercial
or' ~n4""'trj .. l facUity. that condu:::ts en<! or more of the following
~~~Qn~, :"'~th,,~respact to vehicles or components of vehicles!
Y~~l'.>:~~rF, fuel dispensinq, vehicle fluid. rep!a~eBlent. en9ine
"mJpartS,pleaninq, body repair, Vehicle .. alvaCJ~ .. nd wreclcinq. or
!<Olil.cl·,Y~1n<1·
(I» ,.,.All vehi"l .. service taciliti .. s shall be operated, on
lind ·~~r. Oct<>ber 1., 1992. in accordance with ,. the, follo,",inq
~~anda~=
,. "0< . (1i No pe.-son shall dispose of, ncr permit the
dl~<UidirectlY or indirectly, ot vehicle fluid,;, ha .... rdous
.. ~eri~l,.t' or rinsewate.r .from parts. cleanirl9 operations in.to storm
dl:'a 11n'f,
(2) All ownere "Moperators Df·veniel. service
('a:~~ll~aa Bhall 'ensur~f:that 'any, vehicle floid r ;hazarctous material;
!?~.r~n"e\later fro.. parts cleaninq OJ>e"",tion& tIlat calles into
c:on:~c~; i wi:til any floor,' pavement or ~~d surface ,is :e1 eaned up
~!1~ .. tely fTOlIl 8ucl\ surface.
e3) Noper.on .ahall dispose of vehicle flUids or
~l'~.~t.ejf, ~rom parts 'cleani.ng ::operations into the sani~ry: sewar
.,ystej."""'ept pursuant to anindustr.ial vast .. discharge penoit
~?Ji8d,1.n accordance "i~" thhcbapt;6r.
{4j Ifo. vehicleservlce .. facilities shall .. contain ffo·"'I'<h7 .. 1 ..... exceptinq only 5\\ch floor. drains "6 are connected to
~r:Jt.eW:.tar '; pretreatment systems 'for' which 'an industrial, waste
4i~at'<J .. pel1lit has bi:1."n obtained inaccorclancewith tll-is ell.pteT.
{~) "otanks,.Containers .0Tsink& u$<idf.<>r partS
Cl6an3:ng.: or rins~nq sha~l be connected ,to 'the :£torm ,drain system,
9r to the sanitary sever system except pursuant to an industrial
~s~~ Mscbarge perlllit obtained in accordance with this chapter.
(6) NG person sha11 perform vehicle fluid removal
?ittSlde "~a:: :buildingj no;;-on" ~sphalt or qrollnd surfaces" 'Whether
t~ide:;,9:r: Outside a bu~ldinq" e.xcept in such fJ, .aanriar llS, to ensure
j;!lO.t::~~,'"pilled nuld vill.be i", an area of .... oo1'\dary eO~imIo9nt.
(7) Lelikinq Vehi(i1e flu!"" shall be contain8d or
<fiiii!"'d·'i_dl .. tely;
{8):'No person shal~ leave unattended drip pans or
ot~~ ~ti Container» containing vehicle fluid" unless such
F<mt.iners< -are in u.s-e or in an ar68. of secondary -containment.
(9), No, person shall' "discharge' wastewater,::,:froDl v~J.cl •. l!iashing operations or wasil rael<s to tile sanitary ~"er sYstem except: pursuant to an induStxial waste discharge permit
obtained> in accordance "ith tIlis chapter. Nothinq in. tills
subsection shall be construed to prohibit the proper reuse of
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(10) No person shall disch.arge into the :stOnl drain
vat4u:·,, from vehicle washing operation&, except from rins.l119 of
\tehicle exterior surfaces, "\IIit..~ water only, for appearance
purp(:a;:es'~ This exception does not app1y to commercial vehicle
tJUObillgtacilities or fleet washing facilities.
(1.1) Vehicle service facilities shall be' cleaned
~inq: !~1y those methods of cleaning that -ensure that 110 materials
at:'e'diScharged to, tbe storm :;train or to th2 sanitary sewe:t" systelll,
exc~'p~ ,:r,o.p v&stewat.er which is discharqed to the sanitary sewer
sy~t: .... ~rs\iant to an industrial waet.e discharge permit obtained in
aCCQi;dan<;:$,: with this chapter; pr~vided.f however r that a permit
S11~l::~t"be, required ,.for, faoilities that use the foll-owinq t.hree
~t&P',',$9qU~nCe for cleaninq floors:
(1) Clean up spills ~ith raqs or other absorbent
{ii) SWeep floor using dry absorbent material~
{Hi) Mop 1:1oor. Mop water "",.t p., <:Iischarqed to
th~,,:~anitary 'S'Slwer via a toiiet or sink~
(~2] All owners and oPerators of vehicle servi~e
;f;~C:ilJtJ..'( , shall, ensure that spill prevention and clean-up
~~r¢, and abso~bent materials are kept in stock at all times
ant~(~a,-r:~_:_,readilY 'available for iJ.se~
{1'3} No acid-oontaining-batteries shall be stored
~oePf,::!'vithirf seeondary containment.
(1") JiUl "owners and operators of vnhlcle. service
facl1,~:ti:es sball eneure that all elDpl¢yees of sucb facilities are
~~~i,:,:,_upon hiring and annually ther6after l reqaroing best
..-na~ntpractice. in accor<lance with guidelines issuecl and
~fl"h~d by.thesuperintendent.
(15) ,All owners and operators of vehicle service
facilitieS., 's.hall post, or cause to be po",te.d aigns -on all st.orm
~ains lccated on the property of the facility notifying ~rsons
tbilt the d,iscbarge of -wastes inte. the storm drain is i,1.1egal.
ij{'tbe,>':caa4a! ','of any conflict between the provisions of tl1is section
~',~ther p~is1ons of this chapt,-er, this section will apply ..
SECTION 9. Subsection (a) of Section 16~09.140 of the Pale
Alto Municipal Code is hereby amended to read as follo~s:
16.09.140 Enforcement~ (a) Criminal Penalties. As
provided in Chapter 1.08 of Title 1 of this code~ violations of the
provis,i,ons of this, title shall be subject to criminal penalties.
1'11& ",,folloWing, designated employee positions may <enforce ~"e
provisions ¢f this chapter by the issuance of citations~ Persons
eaopl,oyed in such pc:sitions a-re authoriz.ed to exercise the authority
provided in penal Code Section a36 .. S and are authorized to issue
citations for violations of t-his chapte-r. The designated employee
positions are: industrial va9te inspe~tor: industrial waste
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1riV~.t;.;i,'9.tOl:"': asaoc$ate G!"9ineeri manage.r, enviro:unental control ~~~;,'.~iscr, i1'\dustrial waste; and'manaqar, anviroJU:ltental
Coliro>Hance.ct1vioion • ... , ' .. "","'"
SECTION 10. section 16.09.160 of Chapter 16.09 of the Palo
Alto Municipal Code is hereby amended to read as follows:
16.09.160 ConstructiQn r~irem~:1t6! ('30) Sew<eNJ sAall---be
e&ftHruet.ed; lfll aeee!"tiaflee ..,i~:t\ sit:} --e-f-----Pa-l-s .'.ltoe -st:af!:sa!'a
e,eeifiea,\:i:et'l8 aPia .i~ft---.eftap:t.e-f!-l6: af t.h:is eese •
. 1be', ~~r"t>f' evary new' conerc:tal and -industrial buildinq
1!#i':"'l>ci~*9l'1:.·:th.~Qf for which • buHd1nq penol tb l""""d on or !i\~.::r"1:(:~;1992~t cause such building to be constructed so
~~·.~atr.l~. """t .. ia ."9~ted. by ,..,an" of uparateplwal:>inq,
~:d~1"':""'UlFior to converq:lni!' with. other. vast""tr"""" in ~i~i~:··ilWeray"t;-; Yor. tbe purposes of thl. s""'tion only, ~~·i#':""'~new"llbil11~ and apply to aU of the following: newly
!'<l!\Ol~te'hbuUd1nq"l .bUilding a<ldltions that require plwal:>lng :"r J,~tl;l,.l.vaste.1 and r_lir:g of existinq buildings to
"~,,,~""iol'l ot or cbanqe to a use that requires plwal:>inq ~::~r:i.al<weste ..
SECTION' lL The Council finds that this ordinance is
categorically exempt from the California Envir-onmental Quality Act,
v~rsuant to state CEQA Guidelines section 15308, as a regulatory
action taken to protect the environment. The Council further finas
that there are no unusual circumstances which might create a
reasonable probability that the project would have any significant
.environmental effects.
SECTION 12:.
commencement of the
adoption.
INTRODUCED
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
This ordinance shall be effective on the
thirty-first day after the date of its
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APPROVED:
Mayor
;:;-;-;::-:---,==c=---~----City Manager
--.... l1li •• , ....... " ......... " ...... -._ ... -"-.-~"'" "---'""",""
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Senior A65t~ City Attorney
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[)ir-ector of Public Works --
Environmental Compliance
Manager
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