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Home My WebLink About0356.095, > -l,. •. -' .. -" ,- o 4 City of Palo Alto City Manager's Report TO:. FttOM: HONORABLE CITY COUNCIL CITY MANAGER DEPARTME.""': PUBLIC WORKS AGENDA DATE: JULy 24,1995 CMR:lS6:9S SUBJECT: Amendment 10 the Palo Alto Municipal Code Sewer Use Ordinance BFP{JEST This report requests that Council adopt an amendment 10 the Sewer Use Ordinance relating 10 industt:ial and commercial facilities. This amendment consists of one item deferred from • larger package 0{ changes adopted by Council 00 December S, 1994 (CMRSS8:94). The item bas been substantially modified during the course of a series of discussions with indnstrial representatives. BICOMMENDllONS Staff recommends tbaI Council adopt the attacbedordirumce amending the Sewer Use Ordlnance. POUCV IMPLICATIONS The proposed change follows the established policy of imposing all re2S0nable and COS! effective requkements in the City's efforts 10 meet stringent standards for atSCharge 10 San Francisco Bay. EXEClJTIYE SJIMMARY On December 5, 1994, Council adopted • large number of changes 10 the Sewer Use Ordinance 10 reduc<: pollutant discharges 10 San Francisco Bay. At the December 5 Council . meeting, several indus!rial representatives objected 10 a proposal requiring an new Iaborato<y buildings to install a holding tank for Iaborato<y wastes, so that spills would be captured before reaching the City's sewer sySl.-'"t1I. Commentors stated that the cost of such tanks could be hlzh and that needed floor space would be lost. The commcnlors aId no! believe that the alternative allowed by the I"oposal •• shut off vaNe in the waste line, was p<actical. Council removed this item from the oraUlance proposal, directed staff 10 work with indnstrial rep<esenla!i\'es, and bring back the best proposal possible. Staff held a series 0{ discussions with • sm.all workgroup esta!;lisbed by the Health and Safety Committee 0{ the Palo Alto Chamber 0{ Commerce. Staff drafl<d a new proposal reflecting I/:lOse discussions and circulated the draft for rornmen! among the workgroup, made revisions. ------.,;:--.----~---------- , . 1 -- "~:":,"--. ~~J ~:'. < .. -, . ,",- " .. - o and on 1une 13, 1995 sen! the proposal 10 an curren! industrial dischargers. No adverse comments bave been received. The new proposal changes the requirement from new (and remodeled) facilities 10 those facilities ba>ing substantial violations 0( the Sewer Use Ordinance. fudustrial represeJJlaljves preferred 10 bave the bolcfmg tank requirement apply only to those facilities "it!! a demonstrated need. The potenti2I downside 0( this aW03Cb is lbat retrofitting could be rrore expensive !ban instaJIation at the time 0( initial construction. The upside is that facilities with good bousel:eeping and careful attention 10 the Sewer Use Orcfm.ance requirements can avoi.:! the expe.se 0(. bolding tank a1klgether. FlSCA,], IMPACf The proposal would have no impact on industria! facilities, unless they bave bad Sl!bstantial violations 0( the Sewer Use Ordinance. Facilities baving substantial violations. wbicb could not be P.xed quickly, could be required 10 spend 1e~.s 0( thousands 0( dollars to rent and service boIding tanks, depending 00 bow Ioog the violations lasted. The proposal would bave no fiscal impact on !he City. ENVIRONMENTAl, ASSF,.SlMF.NT The proposed orcfmance revisions do 00( constitute • project under the California Enviromnemal QuaIlty Act; therefore, an environroenta.l assessment bas not been performed. AD'ACBMENT Ordinance CMR:SS8:94 PREPARED BY; PItiIip Botel, Manager, Environmental C<>mpllance Division DEPARTMENT HEAD REVIEw;~fL ....... ==..J,-=-,._J?Lr"-,, ..... =-____ _ GLENN S. ROBERTS Director 0( Public Worb CITY MANAGER APPROV AL; __ ~ ...... ~:""""",lh::'-':'Luo~-=<;,}"MUJ...-. ___ _ BERNARoM:S1i~ As.istanl City Manager • • . ") ~ W City of Palo Alto City Manager's Report TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTML.'IT: PUBLIC WORKS AGENDA DATE: Dec.mber 50 1994 CMR: 558:"" ". SUBJECT: Second R •• diDg of tho Plio Alto Municipal Cod. Se",er UR OrdiDaD .. " RovisioD. REQUEST This report requests thai Council condlK! the second reaamg and adopt the ordinan<:e amending the Sewer Use Ordinance for indusl!ial and comr-..ercial facilities. The first rcaomg of lb. oromance amendment was completed on November 21, 1994. RECOMMENDATIONS Staff re~ thai C<>UDCiI adopt the ord"mance amenamg the Sewer Use Ordinan<:e. POUCY IMPUCATIONS The proposed changes 10 !be Sewer Use Ordinance include many new re'l.uirements for busine= and insIituUons. These new requirements IOTIow Ill< estabf1Shed policy of imposing all reasonable and cost effective requirements in the City's efforts to meet stringent new standard; for discharge 10 San Frandsco Bal'. EXECU1JYE SUMMARY The fit"St re.amg of the Sewer Use Ordinance was completed 00 November 21, 1994. Council deferred adoption of ooe provis;on Ca tank/,·we requirel!lent for new laboratOries) for a period of up to three mooths 10 alklw for further consideration. The oramance has been revised 10 delete the provision. On November 19. 1994. staff was advised that representatives of Cl.EA.lI/ South Say may s;>eak at the Council Meeting on December 5, 1994. 10 state tbeir concerns with the Ordinance. "Three 1eners from CLEAN are attached giving the details of their concerns. In summari, they do not believe that the PaJo Alto Ordinance re'l.Uirements for Metal Finishing Facilities are stringent enough. CLEAN repcesentatives r"'l.uested that their letters Cattacbed) be made a part of the Counct1 packet. Staff is conducting negotiations with CLEAN as specified in the Palo Aha/CLEAN Agreement signed in February 1993. Staff is exploring ","ays of addressing the ClEAN CMlt:5S8:94 "...lol1 :.. .- .> ...... . ... -~-~~ . , •• r, .Ii-.,: .. J . ® 0 concerns.. but doe, not :ecommcnd that Ordinance adoption ~ delayed. Palo Aho', Cease and Desist Order re~uired adoption by September 30, 1994 and implementation by January 1. 1995. AItboogh the Regional Board slaf[ has aclcnowledged that the ordinance adoption bas been dell)"ed 10 this date, further delays in O"fman« adoption could subject :he City to emorcement action and penalties by the &ate. The State bas conditionally approved the Ordinl.oce Revision prDp05al as meeting Statc ~.ments and, therefure, delay would not be appropriate. Any agreement reached ""th CLEAN and approved by Council can be impl""""'~ through subse"uent ordinance n:visiOlls or other ,·chic1es. FISCAL IMPACf Staff believes that Ibe change made 10 the ordinance, as origi.'1aUy proposed by staff; will no! have a Dlajor financial impact on businesses, .."..,th Me excep!lon. The exception is to mel.a1 finishing facilitks (metal platers and printed circuit board manufacturers) which use copper or nickeL There are approlrlmatcly 15 su<:h facilitks within the service area of the RWQCP. For the largest facilitks.· capital e,...ense. fur improvements necessary foc those businesses 10 meet the 'new oromancc requLFCments will cost several hundred thousand dollars. However, installing !hose improvements will save the businesses moeey by reducing water use, lowering hazardous waste disposal c""ts and reducir.g cbemi<:al and energy cO'!its. The requirements being imposed bay. been calculated to have & five year payback period, meaning that the improvements will have paid for themselves by the end of five yean;. ENVIRONMENTAL ASSESSMENT The proposed ordinance n:visions do not constiMe a project under !he CaliJ\xnia &virorunental Qualily Act and, therefore. an environmental assessment has not been performed.. . ATfACHMEJliTS Attac!unenl k CLEANiCBE letter dated April 28, 1994 Attachment B: CLEANI(;BE letter dated November I, 1994 Attaclunent C: CLEAN/CBE letter dated November 21, 1994 Attachment D: Revised Ordinance PRE? ARID BY: Philip Bobel. Manager 0( Environmental Compliance Divisioo DEPARTMENT HEADRE"TEW: Kd ~ Glenn S. Roberts. Direclo< 0( Public Works CITY MAN. .... OER APPR.0V AL: Manager Pag.,ol' • -.;-, o April 28, 1994 ~.c. ITIZENS-:::= FOR A' , BETTER ENVIRONMENT Willi"", Milts, Manager Wa!U Q-.wity Control Plan! . Cq oi.Palo Alto 2501 Embarcadero Way Palo AIto. CA 94303 ,Ariel Calonne. Oty A.ttorney 2SO Hamilton: Avenue F~o Alfl>, CA .94301 w..:."T:'= Cl ":",-=-,,, cc:,.. .. !:=-c~ =-l..<\"'.j"r CE-E S!Ioogly 5Uppo<is the general proposal for loallimlts, ... .-.d cerlain pollution prevenoon requlrements, !hat signi&Ultly reduce the routine . discharges of ind"striaJ copper and nkkel through the Water Quality CO<'.troi Plant and into $a." frandJCo Bay. ' . The Reasen.t-!e Control Measures report confirms that many pollution prevention projects are reasonable because .. their aMual savings are enough 10 pay back the original inv .. tment a"d begin making m<>nev for the facili~ before theIr useful life is over:' Emphasis added. L.-.deed. the report stales that implementing poUuoon prevention can provide "an aggregate payback period of 2.2 y,,'ars" for "an feasible projects" thaI could rul 97':'0 10 99% of c2!'P"r and niclce! discharg .. from five printed circuit board fIrmS. Even including finandng COS!S. poll" oon preven tion will start making money for industry within three years: See pagesS, 3(), C-6. In addition. other new evidence iliat we are still eval".ting with Palo Ait-o staff s.uggests these indUs.trial reductions might be: -a tr'.uch bigg~ ·part of the Bay copper disdwge solution !han prevlously estimaled. These /iJidings are extremely Significant foe the South Soy, where the Palo Allo Water Quality Control Planl i.nd othei-sewage treatment ptant5 are .. "bstan.lial sources 01 copper and nickel that exceed Oean W.ter Act standards and cause. federally.:cIe';gnaled "lOxichO! Spot." CLEAN, Palo Alto, and ind\!S!Iy are 00 the Hu:eshold of achieVing the maximum feasible reductions In copper and ruckeI discharges that are the overarchlng goal of the source reduction agreement Unfortunately. several potentially serious flaws in the local limits pro.posal could ,.,,,It in 'the f.Bur. 10 aeNeve these needed pollu~ redoctions. as detoiled below. Stale Headquarters: 501 Secoo<l Stree~ Su~e 305 Sar. Francisco. CA 94107 (415) 243-8373 Be F"1f!jt s~ S\J~e 203 . Sa!'\ Francisco, CA 94105 - (415) 543-859' .• ; i. ': ' 122 linc~!"i B\'ld .. Suite-2m Venic;e-, CA 90291 (310)450-5192 ---~,'--'-"--"-- o l~ The --PrI2$)Qgr d<x>s not present correct irJorma con reljardin'i ID.iximum feasible re<!uctions from industrial plants that wele internany audited b)· . indepe."\den! !'X?"F1 consWta.!tts to Palo Alto. .. . . Reco~ .. tion 1 a; Couect Table 2-8 of the P1:<>posar, Local Limits report 10 stale it does ~ r.,1ect conclusions of the inteInal audits on redoc60nS frem groups of cost effective poTIuOOn peventionpr0Jects.· itecom",.end.iion 1 0: Include and disCuss the audit ~esults On red.uctions. fr;xri cost-effective groups of measures with TaNe 2-,11. Rationale: Th~ ~~al GOes roOt preser~t s-o,,:Ificient L-Jo..-rJ\atk;r~ hl -deiMnine the maximum feasible reductions that can be achieved from importanl industrial copper sources because audit results for groups of measures are omitted. Since it fails 10 present any inf«matiDn suggesting L'-e independenlaudit reswts are incorrect, these reso1ts must be included in its analyses. In addition.lhe error L'\ Table 2-8 of the repo<1 may lead the reader 10 believe thaI this omitted information is provided.ne copper poOution reductions presented in Table 2-8 are signifl<:antiy smaller Loan those acr.ievable through grO'~ps of measures th.otpay back in five years or less, as shown in Table 1 of this Comment below. n. recommendations would solve Loese problems by incorpo<ating the information showing signiflcantly greater reductions inlo the proposal and its analysls and correcting the labeling error in Table 2-8. 2. The Pr~ would not aChieve maxim,urn feasi"ble reQ\l<tl.ons because it . allows impQ!14nl industrial dischargers 10 oot fo< lesser reductions. Recommer.dation 2.: Require maXimum feasible reductionS set forth by the audits and reasonably .vaHable pollu60n pre,·en!i<>n <RAPP) measures .. foe metal finishing and pr"Inted circuit board manufa.cturing faa1ities. Recomme."Idation·2 b: Clarify thaI the mass limits implementing reductions equivaleru 10 those from individual audits will be based on the reduction estimate lor measures and groops of measures with a S year simple payback period Ol" less. Rationale: . There are four reasons why the re{ommended changes are r.eeded to achieve maximum feasible copper reductions. Fu:s~ .• udit results for groups of cost. effective measures must be ar-.rueved in order ~-o achieve maximum feasible 2 ~:----.-----... -, ".-'> . , -~ ; ~" -~ ... /.;---.. ,2, -; ... , -" "- y.' .... ' ~,~ ~ .' .~0 lll>k.1. The Local limBs Proposal underestimates IJ'.axilI'.um feasible reductionS from audited printed circuit boa:d firms by • lotal of 46%. Au.dited · ,um's . name Symtron. Davila . . Marte:< · Teehnitr6n Totals Report "MFR" Estimates (.) 1992 S red-remairlng load tlction lo.d 0.46 '-26l1. 0.34 ibid 0.17 -26l1. . 0.13 .0.17 -19% 0.04 0.!l5 -86% . . 0.01 . US -)9% 052lb/d .. Maxmll,m Fe~51Dl. Reductions ,. red-.' remaIring "cOOn (b) load (e) . -94:1'. . 0.03 ibId -60% 0.07 -BIll. 0.03 . -99% 0.001 ·85% o.13lb/d (a) 1992 ~ine and futuIe loadir.gs from Palo Alto, AprJ 1994. Prcp<:*ed · Local LimBs, Table 2-8; ,. reduction from Palo Alto, March 199-t Reasonable · Control Measures, page C -3. Estima.Ie does not groUp prevention projects. (b} From experl inlemal ,r.!dies of the individual pla.MS by independEnt experts. See Palo All<>, January 5,199{. "Fact Sheets" summarizing findings fr"m pollution prevention reviews conducted by the Falo Alto RWQCP. See also ](ennedy/J<!rJ<s Consulta.,ts and Applied Waste Minimization, November 199:>. Estimale grouPS prevention proje<:ts for each plant. W Calculated from 1992 baseline and maximum feasible % reduction. Ieductic:?n5-Allowing industry 10 ovoid groups of cost effective measures . could allow up io m% largex discharge levels, os shown by the un-grouped estimates in tI1e "Report MFR Estima.!es" column,. as compared "ith tne maximum fea5lble reductions ba.<ed on groups of measures in Table 1. L"\ addi!lon, Table 2 below shows thai RAPPs plus the proposed concen!ration limit will not aclUeve !his reduction level and ... ill allow double the discharge ieve1s aclUevable by cost effective groupt; oi projec!S. foe important dischargers. Thus neither option asSUIes maximum feasible reductions. Table 2. Firm· ·Symlron · Davila Marte;<. Technitron Totals RAPPs .It 0 .• mglL (a' c~r mass redoced 0.121bjd 0.07 (j.n· . 004 Q.36lb/d (a) Palo Alto, Apr;] 1994. Tabie 2-7. 3 Groups of audit measl>res <woe:: mass reduced. !H3lbfd 0.10 0.14 lJ.OS O.72lb/d 94% 60% 81% 99% 85% i , .• -. , ,- : .0 o . The recommended changes soIye this problem by assuring thes<! larger industrial copper dischargerS wiil not be allowed 10 avoid signi5can~y greater "cOst effective redw:tio!1s in !heir discharges. ' .' Se'cond, it ~ "".I~~nable to allowt>us~es~ 10 profit from c~ntir,ued pOllution when cost ,effective means 10 prev\!IIt this pollution' are available . . The lesser reductio.,,; in Table 1 above are an effect of separating out projects ' dlsco.vered by the audits 10 seek only meaSures that cost less a."\d pay baok . more quickly. These lesserred:>ctWQ targets are not needed to achieve pay back in fiveyear~ 0< leSs becauSe fr.'; gtpupS:of measures achieving greater . redu~ already pass this :cost effectiveMSS~ lest These lesser red"cti'on targets are only needed 10 achieve ev",," cjukl<er pay bac:ks and profits, at the . eXpense ol smaller reductions that allow "",ces. copper poljution dischazge to , the WQCP and Say. The suggested changes would achieve reasonable redu<:!ions and asoure compaiUes <io not profit from pollution. Third, the additional :reductions from maxim= feasible effu<ts are important 10 achieving the goals of Bay Ioxlcs clean up and NPOES compli""ce.. BecaUse of the poter,tial that copper discharges which have already escaPed industrial treatment systems are in cherrocal forms thaI may also be mOfe difJkWI for, the Waler Quali!y Control Plant 10 remove, reducing industrial discharges may ellsproportionately reduce WQCP discharge 10 the Bay. This possibility is supported by evidence of smaller . copper efflU~1 concentrations from some o:her sewage plants, and by ovid.,. ... ce of reductions in South Bay sewage plan! <'ischarges as lndusttial discharges were slightly reduced. The suggested changes assure we will not rail 10 implement cost effective induslrial reducti0n5 that "rr.ay have this . dispropo<iionately greater t>eneficial en>".Ionmental impact. Four:h and finally. the RAPP measures provide moee enforcement control and fl=DiJjty to the City while furlber supporting water conservation goals and pQSlng no additional burden to industries th.! should be doing RAPP. as they im"lernent audit recommendations. . 3. The Pr600sal's Maximum Allowable Headworks ,-".dings IMAHLs} overstate the reductions neroed 10 attain c~ effluent limits on tJie Water , Quality Control Plant disch.rlies. : ' . Recommendation: The technical analysis in t.". Proposal should be ' revised to address new inf~ation that bdkates source reductions may achieve the Wa!Er Quality Control Planfs c"?f'eI limits. 'R.tionale: TechnicaTIy defensible limIts must address signlfi.cant new infonnaOOn. .-,- As compared with the 1m time per;,,,ruwd in the ProPo<al's ulcu1ations, in tl;e fu$t furee months ¢ 1994, on average: • W<:::CP effluent ~ concentrations are clown by abo"t half.. • WQCP influent copper,c;oru:entr.tions are clown by about a tlmd, and • About a third leSs of the C<>pp!iU".iru:1uenll'asses t.'u-ough Loe pl<l!1tl Smaller influent loading~ and smallerportlons cI t."~illlluent passir.g, through 10 the Bay have a cUmulative effect. Today, the WQCP cal' achieve COIIlpliance with only about. half the source reductions thaI were needed in 1992, based on'these Inc.l recenl1994 dala. The recommend.tion woold address Signlficant ne-... data in order ~ supPort lleclmically defensible MARL analysis. . The potential for .. 50,. smaller gap between the MAHL and existing influent loadi"g 10 the WQCP is aJso very slgrilkant for analyses of allocations between sources to the plant This is especially !rue sl!-.ce &.e Proposars analysis'reITes on the premise thaI following feder al guidance must certainly result in nonsensical negative industrial allocations, It does not seem sUpp<Y.table 10 insist .upon the large negative industrial aJJoatlons Palo , Alto has set forth in the Proposars analysis ,,1thou! alle.,1 addreSSing thls signific.U'Jt new information sugg~ng less source reducoor, !:!'oay be needed to. achlen <:Orr.plianc.. A&iressing Ihls new irJocma tion will .no,,, Palo Alto the "?I"Xtu..'"lity 10 modify these aIJ,oQtior.s and make &.em supportable. Condus'.on Thank you foe considering our,:omments.. We greatly appreciate the overall good efforts and cooperative spIrit oI the City of Palo Alto and its staff in implemel}ting our agreement. I trust that in t.1-Us same spiri~ t.". City will recognize the signL'kanc~ of the concerns we are raising. and 1 loOk fo<ward to wod:ing with the Ci ty to resolve, these signlfkant concerns. Sincerely, /±£;;J Senior Sdeh tist cc Interested .age..-.oes and individuals 1 Set: Sell monHo.-m·~ rePorts submitted by Pa10 Alto to the Regional W.ater QuarLty C~ntr'ut BoaJd, Oaklal"ld~ CA.. , . , ... , . ~--.: ,a"\ "":'''''='''''' D t' m" pageoSJ'ff," GI.TIZ. ENS ..., FOR .. No~ber 1,1994 ',' .A. , . BETIER FhllBobeJ,Manager . ENVIRONMENT Ei>viroomenta! Compliance Division Oty 01 Palo Al!O .. ' 2501. Emba,rcaClero Road • ,'PaloiJto,CA 94503 . :' .. • _. • • -+ -, "Re: , • GOod ruth neg.,oalioN !I!~ding 'unl'lemen!a&t. of the So~ce , . Co,olIo! ~ fotCDpF4!':~" !o San FrancisCo Bay. , . _~, Dear Mr. BobeJ; , Tha..'lk f<;!U IOr agreeing io meet wi!h representatives Ot CLEA."l , , yesterday to c!is<:uss Palo. Alto's local limits p<oposal and our desire for technkally ~efensible.loc2l llirJts that ensure envirorUn~ta1 health' and , ,!".;4mum feasible reducliOns in to>ks discharges. We believe that the , enclosed Compliance Proposal specifies reascinable.and feasIble melhods to reduce dlschaIges 01 the toxic pollutant copper into the Bay, 10 comply with Falo AllO's discharge permit., . Although Palo Alto has made good pi-Ogress by finding cos1 effective , pOllution p<event!<>n options and reducing ongo1ng discharges, there are three problems in the implementation Of Our agreement. Hrst" local limits , were noI adopted and dklliot take effed by October 31, 1994. This is ror.trary .10 the requirement tha! :~a1 UnUtsshaJl take effed no later than 0cI0ber , 31, 1994" in part !I,B,l of. the SOurce Control Program Palo All() is obligated, to implem~1 under point ~ of. our agreement. . '-~nd, the Iocai Jfuuts -proposed by Palo Alto would not ensure . complia.'1Ce with Palo Alto's NPDES permit. This is contrary to \M . requirements i.n P'4't I1B.l of the Source Control Program that such limits , . '·achieve. rompliar"." with Palo Alto's l'o.'PDES permit, and, whkh also state: '"Palo Alto will comply with all state, local and federal requirements :.. for the adopDon of. p<etreatment requirements." See alJ;o 33 US,CO §1342. §13ll(bXIXO, §1314(!Xl)(D), and §1319, -_' Third, the ~ limits p<~ by Palo Alto w;"ld 'nOt implement the , maximum feaslble Iedu~6on foe each impor.antIndusmal discharger: The , prOj>05ed 1imits would aDow c,ertain industrial disch .... gers to miil<e smaller , discharge reductlons thaJ\ the maJdmum feasible reductions· that payback in five years 01' less, as identified in pollu,Den prevention audits by the City's expert consultants. This is contrary I.:> the requirement I.".t local timlts "01 • u1inimUInachi~ve maximum feasible reductions for copper and nickefon an expeditious time schedule" in pari I1.B,1 c!!he So'lrce Control Program. , S~ HeadqlJart"rs: 501 Second Stree~ Suile 305 San FranciscO, CA94107 (415) 243--8373 sa F~ Stree1., Suite 203 San Fra.ncis:::o, CA 94105 !41S} 54~8591 . 122 lincoln BIvtI .• Suite 201 Venicl!. CA 90291 (3'0) 450-5192 " : ~, .' .. I'hi1BObel · November '1, J994 " Page two. " .-.~ . ' ' .• :' w!' are ~ th.~ Pr~ ~edudlons·.,.esmaI1er than~um. · feas,ble redUctions from the. audits. because Palo Alto. would aI10w ind!lS1ries 10 exclUde polhitio!, prever.1ion projectS; eVel;! if these projects cOuld t.e " . ' ' grouped with 9¢ers 10 .dUeve net pay backs to ,the ir,dustrial disdtarger in' , les$ thin 5 YWf' Instead 01 defining cOst effe:ctive reduc60ns as those .thal Fay. · back to the "¥'tis!Q' .is· an erono.nk urut.'Pajo ~!O appears:to define cos!. . E1fectivi! reductions' as only thOse pieC!!mealed projects in an overall , , pollutiQi\ pievexrtiOO. p!ai>. ~~! pay back to. thmdividual prOject as.n . ' eeoOOiruc "".it . This would no! implemenlthe maximum feasible reductions "which would be cost effective for the in<!us!rial discharger w:ith an assumed 'pi yback 01 5 years' as set forth in part n. B.2.b of the Source Conrrol , Program. . Emphasis added.' ," , . . , '. ,We belieVe .that implement.tiel<: 01 our Compliance P:6posal within • re~a~le.1ime would address these problems. After conferring with you to . identify. mutuany cOnvenient meeting time a."\d location. we propose that representatives 01 CLEAN South Bay and Palo Alto meet 10 further discuss . our Compliance Proposal at 9:15 •. m, on Wednesday. November 16, 1994 .1 a Inutually convenient Iocalion in P~Alto. ' ", CLEAN haS demonStrated its Co.mmi!menl,loworking ",;thyou and · 'wCJO,lld like to meve forward to ensUre the mpQm\lII\ feasible gains for the i!cOOOlT,y and ~e envirenm.ent In this spirit, we propose good fa.ith negotiatiOns 'to ~ve the pi'<>l11ems which remain. By this prapoul. however, we do nc;>l: waive any 01 the rights and remedies available to. us under the terms 01 the Settlement Agreemenl,and the federal Oean Water Act. ' .Thank yOu for yotir, consideration' 01 our proposal. ,. Sincerely, 4!:J .'. G!izens for 'a Better Envircmrnent for CLEAN South ,Bay • + .' • Ene" Compli31ice Prq>osal , . J;;i;flv!,~j) , . Trlsh Mulvey . . Save San Francisco Bay Association for CLEAN South Bay, cc Meg G~~ Certified Student Oinician Alan Ramo, Director, Golden Ga~ Law School En", LaY' Clinic " , " . -,---;' .. . ~ ': .. ' """Jl="'G,~"-."-,,,=.,o·-~~~~:i-:~:~o::L~ -~2~:_":~<-: ;:: .. :;'it:'i1J~ o CL£A,'I's PROPOSED LOCAL UMITS AL TE&-':A DYE fOR PALO ALTO For Palo Alto, the local limit goal is to consistently 'neet the 4.9 tlgll copper liIrJt on sewage plant disd1arges to the "oy, Our tr.ev<y is tl1at thls is acl-Sevable tJu-ough source reductions, including significant reductions from the industrial sect«. The <>fr.er point oC view is tr..t SO little industrial copper passes through \i>,e ~~ge plant tl1at. even with zero industrial di0.arge, achlevemenr of the 4.9 Ilg/l sewage p1i!_l'\f lir:t.it is unce:-taIn.. Therefore., we p<~e that tl1e following pado:age 013 components would test these views and achieve this goal: Pack.ge 013 wruts oil industries using tl1ese sewoge plants: 1. Zero discharge limit deferred 5 years for more prevention wo<k; 2. Umit holding each audHee responsIble for <:ost effective results; &:. 3. Zero limit is adjusted or extended based on new data in 4 years. 1. Zero ois.charge limlt d.eferred 5 yearS for more Dre.vention WC!'k.. Thls meets!>o!h tests of tec!t:ucally defensible local limits based on comf>lru1ce "ith sewage plant limits, Compliance with the limit results in no cOnfribution to any possible violation of tl>.e sewage plant limit; and virfllal zero ~wer discl\arge is teclu1i<ally acNev.b!e {copper sall escapes in tiny amounts due !o entropy>. It ,s also reasonable foe industry because of the long time frame for-more audit and creative financial asslsfance ,,-"'ode as wen as tl1e reasonabl~ a1ternatives in component three. 2~ Um.it holding ea<:h auditee res-oonsible for' cost effective results. Each fU'm. l1as its own limit that holds it responsible to achI.eve ... as soon as possible, the diScharge results projected by any combination of projects with a simple pay back 01 5 years or Jess. nss limlt is needed to cUlmteract sho<t term cost concerns ar.d a.ssure quality audit implementation .. while also gl'ving companies flexibility to use othEr prcjects t.i.at achleve Ute same oC better results.. It is reasonable because it sa\'es industry rnQney ever time and redu.ces the severiry of ongoing fOxks rio!atlons. However, lack of f"ma...,dil assista..'ioCe shall not be a reason for failure 10 achieve maxJ:mum.. reductions that pay back in 5 years, and will not excuse rloIations, 3. Zero limit is. adjusted o.r e:dended based on new data in 4. years, The real effect of COS! effeCtive reductions required by tl1e limits in 2 above ",·m be known within 4, years. If CLEAN's thee><y is correct, the ,.ductions with 5 year pay backs will demonstra!e compliance ~';th t1'1e 4.9 ug/llimIt on Bay discharge .. and tnere '-..... :ilI be a technical basis fO£ removing the zero dlsci1.arge limits;>'5 long as Bay discllarges wm remain in compli.nce. 1f the other point of view Is cocrect .. then the new poUuOon prevention audit work: "'ill be lalc.en. into account and addHkma! time can be given to companIes that need more than five y~ars to achIeve zero diSG'urge. -.. ,' -. . ~ ... ' . , , ~- .. ! Ei-MAoNM!NTA; lAw »1D Jurna Q..n<QC • 5a'oot Of.lA-i 111111 .. Nib MAnager, Water QUality Control Plant C1 ty of 1'1110 Alto . 1501 Bllbarcadaro Way Palo Alto, CA '430) Arial cal"""e city Attortley ~5O BaAlltQn Aven~e Palo Alto, CA 94301 lie. Goc:>4 faittl nll<jOthtions, local lillits ed<>ption Dear Itt. Kil<.s: T~1~ I .. t.o re·conUn. 0I>r :ae .. t.ing 1n Palo Alto of>. 1I0vember ~. 199C, .. lth PhU _1 and Palo Alto'_ deslqna-te~ .ttorneys, ""'1ell JleeUng vall confinll.d this JIOnIlng vith Phil _1 and your attorney, Sue Case. . eBE bel"eby axpru ... s its conc<orn t.bat the neqoUaUons it instituted r~ar"inq Palo .uto'. ~ local l1aits are not proceeding In a <JOO4 faltb. tt.ely '"lUH!r due to Palo Alto's cont:inuing postponuents of our aeet.1ngs. CBE strongly desi .... s to continae 90ad faith negotiations in aC:OOrdanc4 viti> the ter1IB of 0<Ir S4tt:l_t Agr ....... nt. in hopes that mutuel ~ic!erat.ion an4 dillCWosicn. ... y identify a .... "". or enabling the city to _le.,e ancI _!.ntaln ~pliance with ita IU'OES perai t. requir_ta. CBE bas expcassed its concerns on nwoerow; occulons lnc:llldinq. • CIII!'. April, 1994, objectioa to the .. "ero1 ... dOllS flaws in the CIty's local lialts pt"opasa.ll . • CBE'& 1:>l"1e1ing presen~ to the City, the ~~ and EPA at the Regional .ater QUality Cont.rol eoard offices 1n July, 1994, '. nUllerOLlS to.1.pbooe calls fro. CBII anIl Trish Hulvey. CLEAli repr"sentatiV4!. to Phil !Iobel in sept:esber anIl october Qf this year; • CBE's eo"preaise Propo$al sent vi" facsi.He to Phil Bobel on october 28, 1994 (confinMOd r...,.lvedll ~...".,....,36M..-S=.s.u.}W'QSCQ.CA."'.S.29G8 Omas ." ~ S""'""'" 14"d'.-· s... fllol>OCl5CC. CA • ~ r~ 15) ~2.&>t7 • f"" r <151 «'-6609 -. :.. ,( --'> -" '.- o • t.ho intormal ne<iQU .. Uon meetlnq with Trisll: )!alv.y, Phil Sobel and ... lIbel's or the Gclden Gate taw Clinic on October '1, 1994/ • CB&'s letter on lIoveaber 1, 'lU4, tonally ir,lUaUr"1 goOd faith neqotiations (confirmed received). Since our october ]1,' i'9',.meetinq, Palo Alto bas establisbed a pattern of delayl.nq ..... Ung. with eM. on October 31, Palo Alto refused to nconvane Wltil )lovllJlber 15/ 011 !Jovellber H. hlo Alto requested a postponaDAnt. ~y Palo Alto notIfied De ot theIr unavailabI1lty for tC>8C>"OW'. scheduled .. oetlnq. Palo Alto' .. artificial constraint. on ,...,Unq ti.... appooar eftectively to frustrate the purpose of the 900d faIth n.gotlatIons required by our Settle""t: Aqreem<Ult:. n..se delol'$ NY pz-eclude -.oningt"l ettort. to resolve our concerns, end MY anUtle QB to take entoz-cea«nt action. As expressed int:be telephOne conversatIon with Sue Case this IIOrn1nv, CBB bope$ that: an a<Sdl U"" .. l aeetlnq can be ar ... "...d before th_ 1I0vezher zg .eetinq, despite )Is. Case's apparently alani".. statuent that any further c"",""nt: by CBE will have no efteel: on the adoption of this ordl~ .. nee. We do, _.vor, !lope that it is Palo Alto's po5itlon, as stated by lIB. case, that eVen if the ordinance Is adopta<S, sucb a6opt1on will DOt: preclade lI8klnq cban<]es to it based on dlscu.dons wIth CBE and CLEA!!. Thank you fO .. your consideration of our request. ~Si".,..rel~: G on C Led uw Student (1l(1.r~-~ J~ Cla1z-e II. i'lIorp EnvironJlental Uw Fellow c:c: Alan Ramo, Director, EnvIronmental taw , Justice Clinic Gola~n Gate UnIversIty SObooI of Law ~~-.. -. ---~~""""'------------'-- . -~ "-,. >. , --~ -------.~-:-- \. ... "". _.1" ..... .:> ...... , ORDINlU.p~ NO. __ ORDINANCE OF TnE COIJIICIL OF THE CIT'( OF pJU.O M.TO AMENDING VARIOUS SECTIONS OF CK'U'TER 16.09 (THE SEWER USE ORDINANCE) OF THB PJU.OM.TO M'.'NICIPAL ('ODE " . The Coun('il of the Ci ty of Palo AJ. to does ORDAIN as folloWs! SECTIQK 1. Section 16.~9.005 c! the Palo Alto MUnicipal Code is herehy a:necded to read as follows! 11.09.005 Purpo... The overall goal of this Chapter and tbe 'City·. vater ~1i~y control program is'to prevent and control pollution and protect and foster human health and the environment. The speeific purpose. of t;his Chapter is to preve,nt t.he discharge of any pollutant into the sewer system~ the storm drain system, or sartace vaters, which would: 11 obstruct or damage the collection systeD1; 2) interfere with" inhibit or disrupt the Palo Alto Regional Water Quality Control Plant [the -Plant-)" or its treat~ meat p-roc:esses ... or operatioc.s, or-its sludge prOCEsses,. use or disp06al, 3) pass through the treatment system and contribute to violations o,f the regulatory requirements placed up"o the Plant" or 4) result in or threaten har.m to or deterioration of human health or the environment.. It is the in·tent of the City to update and modify this Chapter as Jl~eded t.o c<X.tinue to pro-Fide a program for pretreatment of industrial wastes wbich is approved by federal and state regulatory agencies.. Therefore this Cha~er is designed to be DO less stringent than t.be 0 .. S .. EnvirO"....mental Protection Agency -General Pretreacment Regulations for Existing a~ New SOUrces of Pollution' published n Title 40 of the Code of Federal Regulatiocs. Part 403~ as applicable. and as su~h regulations ~ay be amended from time to time (hereinafter the -?ret't"eat,men't. Regulations ') . SECTIQN 2. Section lS.~9.010 of the Palo Alto MUnicipal Code is hereby aroended to read as follo~s: U.03.CLO DeUni1:1ona. The followiug words acd phrases, whenever -uee_d in t.his -cbapter. shall be as defined berein. Words ... ter.ms and phrases used in this Cha~er ~ otherwise defined shall be as deficed or interpreted or used' in the Pretreatment Regulations. Termioology for analytical ~estiDg shall be that" cOJ:l·tained in -Guidelines EstablishIng Test. Procedures for the Analysis of pollutants," published at Title 40 eFR. Part 136. (1) -Average con-ceotration" of .a substance means the total daily discharge ~eight of the substance divided by the tctal daily. waste·~tez volume at t.he point of discharge. i2l . -Berni-means a ba~rier to the flfl'W of liquid which is not rendered ineffective by t.he liquid and is sufficiently high 1 , . ·" - .:., . -:. ~~ 0," ; ~._:"." ." o to contain anticipated fluid amounts# or which causes sufficient grade to prevent. migration of anticipated fluid amounts~ (3) 'Cesspool' means a lined or partially line~ under: ground pit into yh!ch raw sanitary sewage is discharged. (.col "Collecti.on system-u-ea..ns the pipes .. junction boxes, channels and ether cODveyanr-:: apparatus used; to move storm water or . sewage. {5J IIICooling water-means water which is used t.o cool fluids or equipment iii cO!mlE'rcial or iDdus.trial processes or air eondi ~ioning systems. (6) ·Cooling water system" means the pipes# heat exchangers and other appurtenances used to convey cooling vat.er in cooling towers.. direct contact cooling systems and simllar fixed cooling systelM. P} 'Contaminated ground vater" Ir!eans water found beneath the earth's surface which does not meet state cr federal standards .for driIlking water supplies or ether specified beneficial uses. (e} ·Contaminated water" means water that does Dot meet s~ate or f~deral standards for discharge to nayigahle waters. (9) ·Cycles of cotlCentra:tion-mea..!'lS the flow rate of water added to a cooling tower water system divided by the flow rate, of water discharged from a cooling system. t~O} -Discharger-means any person who .discharges, causes" or pe~its the discharge of industrial waste into a city sewex or sto~ drain. ill) -Domestic waste" means the liquid and \Ii-aterborne wastes derived from. the ordinary living processes" free from industrial wastes and of such character as to perudt satisfactory disposal¥ ~~thout special treatment" into the City~s se~er system. {12) tion Agen.cy. -EPA'"-means the United States Enviromnental Protec· (1)} -Excepeional Waste~ means that subset of industrial waste specified in Section 16.09.020[cl(2). (14} -Fail-safe valve-means an electrically driven valve ~hat is normally closed. The valve can be opened by continuously depressing a switch mechanism that automatically closes the valve when ~ in use or depressed. (15) • rood service fac.ility-means any Donresiden-tial establishment that uses or generates grease when preparing food~ Food service facility does not. mean any facility t.hat prepares food 2 ; "" -~ " V"; for ott· site cooki:ig at:.-d consll.or.ption .. or any facility that does not use or generate grease in cooking or preparing f~. (1I15J -Grease" ..,..-~eanSr a.nd ic.cludes .. fats, oils, waxes or other related cons-tituents.. Grease may be of vegetable or animal origin .. including butter_ lard .. margarine. vegetable fats and oils, and fats in meats. <::ereals .. seeds, nuts and certain fruitS4 Grease may also be of mineral origIn .. including kerosene, lubricating oil, and road oil. Grease in the vaste'-"at.er collection system is generally present as .. but need not be .. a floatable solid. a liquid .. a colloid .. an emulsioc .. or i~ a solution. {l:i') -Grease removal device-l"Ieans 'an interceptor. trap .. cr ~her Qechanical device designEd, constrccted and intended to remove ... hold or othends'$ prevent the passage of grease to the s ani taxy sewer. {lS} -Ha.zardous material-means any material 50 designat- ed by ~itle 17 of tr.is code. (19) -Industrial waste-means the ~ste and ~stewater from any {lroduction.. manufact.uring or processing operatiOll of whatever nature including institutional and commercial operations where wastewater is used for the re!l\O'Val of waste ot.her than domestic waste~ -Irl-d>.lstrial vaste-sr..all include contaminated water from c~stru<:tiori operations,. c-oDtazr.:1natej 'Water from erosion of disturbed land, and contaminated water from irrigation runoff. (20} • Instantaneous maximum-means the highest concentra- tion or other measure of pollutant B".a.gnitude taken at any discrete point in time. {21) -Instantaneous minimum" means tbe lowest concentra- tion or other measure of pollutant ragnitude taken at any discret.e point in time. 122) • roterceptor-means coostru<:ted to intercept, separate .. prOhibited substances into the sewer a rece~acle designed and and prevent the passagE of system4 (23) -Machine shop-means a fixed facility which cuts, . grinds ... polishes, deburs, or machiDes metal parts but does not ooodu~t metal finishing "as that term is defin~d by the EPA in 40 CFR part 433. (24) -Metal fabricatioc facility-means a fixed facility that forms .. weldS and asseIOOles metal pieces .. but does not cooouct metal finishing as that term is defined by the EPA in 40 CPR part 433. (25' -Monthly average measUrement-means the sum of all measurements taken during a month divided by the D,umber of measurements taken during the month. The Itmonthly average measurement-shall be based on a minimum of three measurements~ provided.. that if the measured value of any measurement is below 3 , " , o the analytic detection limi!:." then the Cl:etectioD. liEnit shall be used in calculating the ~thly &verage. (2&1 ·Organic solvent-means any solvent which contains cazboo in its molecular structure. (~7j 'Person' means any individual" partnership .. firm .• association, corporation, or public ageo~y~ {2S} "Plant' lIlea:lS tt.e Palo Alto Regional Water Quality Control Pl ant. (29) .. ,point" of di5cha.!'ge ' :means the point or points designated as su-ch in the permit .. 'Where no ~esignation is l!'Iade it sha11 mean the point where the private &e~er joins a public sewer. (30) IIPretreatment system' means. a treatment system at ~ industrial or commercial facility that is 6esigned to treat water prior t.o en,tering the city"e sewer syste.-n. 131) 'Sanitary sewage' or 'sewage' means ~ter-carried wastes f:rom residences.. business.. property. institutions and industl:'ial property excluding ground water.. surface water., and storxm..raters. (32) IISecondary containment.-means and shall have the meaning specified by Title 17 of this code. fl3) -Seepage pit-means a device comprised of one or more pits extending into porous strata.. l~ned ~th open-jointed r.asonry or similar walls.. capped and provided .,."ith a means of access su~h as a manhole cover and into which wastewater disposal system eftlue~~ is discharged. (34) ·S~*Qge treatment plant-means any arran9~ent of devices and stru~tures used for treating sanitary sewage. (3S) ·Sever-means a pipe or conduit for carrying Eeliage. (36) -.5ew~r system-or "sanItary sewer system-means all sewers. t.reatment plan·ts and other facilities owned or operated by the City of Palo Alto for carrying., collecting., treating. and dispcsiog of sanitary sewage and industrial wastes. (l7} "'Simple payback period-means t.he nlJ.I't!ber of years required to allOY the dollar value of an investment in water pollution control t<? be ~xceeded by cost savings resulting from. the investment. . OS} -Storm drains-or -storm drain system-means the system of pipes ~nd channels used to collect and convey st.orrtl""-ater. {'l9) -Su:perintendent.-m.eans the manager -of the Palo Alto Regiooal Water QUality Cont.rol Plan·t, his or her designee .or such Other person as lJIay be designated by t.he city manager_ . . .. ..:..:/" -, -,,-~----: (40) "Unpolluted ~ter· means wter to whien no constitu- ent has been added, either intent.ionally or accident.ally, that would render sucb vater unacceptable for disposal to storm or natural drainage or directly to surface vaters. SECTIQN 3. Section 1~.09.032 of the Palo Alto ~40icipal Code is hereby amended to read as follows: 16.09.032 New SOurce •• (a, N~w sourCes of industrial nate discharges shall be in full complIance with ~he provisions of this ordinance at the time of eonrnencemen-t of discharge. Dischargers o! nev-sO\;.rces, upon request of the superintendent~ shall complete a Yas~e .minimizat.ion study in accordan<:e with !f,J:!.delines publi!lhed by t.he luperintendl?..nt ... and shall certify that measures ha"...-e been taken t.o minimize toxic constituents in the discharge. (b) The c»rner of every newly constru~ted; remodeled,. or converted commercial or industrial facility shall comply v2th the fcollowtng requirements upon coamencemect of ci:scharge. These requiremen,ts shall apply :to remodeled or corr ... erted facilities t.o the extent thatc the portion of the facility being remodeled or converted is related to the subject of the requir~~ent~ tl) Interior (indoor) floor drains to the sewer system may DOt be placed in areas where hazardous materials ... ha:zardous wastes. .. industrial wastes.. industrial process water .. lubricati~ fluIds... vehicle fluids or vehicle equiprnene cleaning wastewa<;er are used or stored~ unless secoodary containment is provided for all su.ch materials and equipment. The 5uoerintende.c.'t. may allow aD. exception to this requirement.-under t.be following circ--oJrnStances: Ii] IU) (iiit When t.he drain is connected t-o a vaste..-atez treatment unit approved by the superintendent; (for safety snowers) When the 'drain is installed with .. temporary plug which remains closed except "'hen the shower is in use ... or when the drain is protected from spills by either a covered sump or berm system. If a swap is used .. the capacity shall be at least as large as the largest chemical container in· the laboratory;: (for industrial process eq<J.ipment.J If the equipment does LOt cont.ain hazardous waste and if all floor drains are equipped with fail-safe valves 'Which shall be kept closed during periods of operatioo. 5 ~. "'" ", ... "~~~' .; ,,' o (2} Exterior (outdoor} drains may be connected to the sewer only if the area in which the drain is located is covered or protected fram rainwater run-on by berms and/or gradings and appropr!.ate wastewater> treatment approved by the superint.endent is provlded~ Any loading Oock area with a sanitary sewer drain shall be equIpped with a raU-safe valve, which sball be kept closed during periods of operation. O} Interior floor drains shall not. be connected to the storm drain. (4) Exterior drains shall be connected to the storm drain. Such connections shall not be permitte<l within the fol~owing areas: {il Iii} (iiil livl Equipment or vehicle washing areas; Areas where cbemicals, hazardous materials. or other uncODtained lraterjals are stored unless secondary containment is provided: Equipment or vehicle fueling areas or fluid changing areas; Loadiog ~ks ~here chemicals, hazardous materials. grease. oil. or. ~ste products are handled. (S) Fueling areas shall have impen:>eable floors and rain covers t.hat extend a minilm.lm of 10 fe~t in each direction from. eacb pump. {6) Roof drains may discharge to the s~orm d~ain S"'j"Stem. provided that all roof equipment", tanks s and pipes containing other than potable water I cooling system vater, or heating syst.em hot water have secondary containment~ (71 Boiler drain lines shall be connected to the sewer system. and n-a.y net be discharged to the storm drain systet:.. tel Condensate lines sha~l Dot. be connected .or allowed to drain to the storm drain system. IS} Copper, copper alloys, lea<l and lead alloys, including brass s sha.11 ~ be used in the sewer lines s connectors 4 or seals coming in contact with sewage, except for sink traps and associated connecting pipes. (10) Secondary contaillD\E!nt shall be provided for exterior work areas Where moeor oil. brake fluid, gasoline, diesel fuel .. radiator .fluid or, other hazardous materials or hazardous wastes are used or stored. Drains ·shall not be installed within the secondary containment areas. The superintendent may allow a drain for work areas (but noc for hazardous storage areas) if the 6 .', , . secondarj contaiDlN!'r..t area. is covered and if the drain is cOr'..nected to a wastewater treatment facility appra~d by the ~uperintendeDt4 Ill) SacrHicial %in" anodes a,-e n<lt permitted to be in contact with the water supply in a water dist~ibution system. ~A11 l~e:paeel") 04isel:la:!'!e l3ei3E:9 eftall eit.i.e:r=..ee e:e'9:ll:e~el! te a beldie:!, bae1t: ea:rab1e et' 'f'€taiaiag tofte fiS!! a.eetestie waste'Ie'ter flew fer a J!ti:ai::!!ltHR at eI"ilt 1iebr9~ So!' eell 'he eEfdi:Prses Vit:~ a illI:,*~ eft il81'.r-.e a!!~ :Ferca ~e aIle. a e~111 te "5e retaieeEl -.i!::hin ~he '-'tiill:i:a, l!lillM:i:e! : d ftal:llel! elf "lee. A B~li:e! I's!'l: Baal1 ~e ~ealle~, _Aie~ aIle.! ~he eeB~e:atB ef t~e ta~t te, ~e Ifte!l!:i&ered .. aft!! a r..-al·.e !!Ihal! ~e iftstallea l t..aieh allells :!'e~:!BtieB at ~!~u!ltewate1"'. 'i"B:e Sti,el'i:Bte:ad:eet. !!IBj alle. aft s!eeptiss -.. reef! t'fle lallsMts1"')" is 4Eai:aee! te a-e a:f!tl'!'e4 e:5 lfe:e~e.ate:e' tf'eat!l.e:et: taeili'e) ~ _1 ~ Aspirators cOCI:!.ected to laboratory sInk faucets are pr~iSlted; however, aspirators designed and used for transferring acids and bases from stationary permanent laboratory sinks to treat~~Dt facilities eball be all~wed. J~ -fH+ Laboratory countertops and. laboratori sinks shall be separated by a lip which prevents hazardous materials spilled on the eountertop £rom draining to the sink. mt, ~ SeWer traps "below laboratory sinks sha.ll be ma~e of "'g!ass cr other approved transparent materials to allow inspection arid t.o dete-nnine-frequency of cleaning.. Alternatively .. a re....~le plug for cleaning the trap may be provided, in which case a cleani"9 freq.lenq shall be established by the super1ntend~nt.. 1:0 establisbing the clean~ns frequency... the superintendent shall consider the rec~endations of the facility. The superintendent will grant 'an exception. to this require""netlt for areas 'Where mercury rill not. be used; provided, tt..a.t. in the e"-ent suc:h an exception Is granted a..nd lr'.ercury is subsequently used in ehe area. the sink trap shall be retrofitted to meet this requirement prior to use of the mercury .. . a;i~f ~ Svilmni"9 pool discharge drains shall net be connecte'(j'"'"'alrectly to t.he storm drain systeP\. or to the sewer system_ When draln1ng is necessary, a bose .or other temporary system shall be directed into' a sewer (not storm drain syst.em} .clean out.. ·A sewer clean out shall be installed in a readily accessible area .. "i,~Jf ~ Food service facilities shall have a sink 0, other are'i:r' for cleaIling flo::>r mats,. containers,. and equipment ... · which is connected t~ a grease i&eerce~or and the sanitary sewer_ The sink or cleaning area shall be larS'e enough to clean the largest mat or piece ~f equipment to be cleaned.. After January 1, 1996. new-buildi~gs constructed to house food service facilities s?a1! ';'nclude a covered, bermed area for a d-wnpster .. 7 ;' .... , .. "---------,,--_.' . <. , \ t ' .• : ';:: l , _r_._, ___ ~-,-< ---,- ., Ii o 0 $,t2"t ~ Parking garage floor drains on interior: levels shall be conn-acted t.o an interceptor and to the ·sanitary sewer system. SECTION J. Section 16.09.091 of the Palo Alto MUnicipal Code is hereby amended to read as follows: 15.09.091 Storage of hazardovs materials above .inks. No persOD sha.ll store hazarcS6us materials above a si.ck that:. is connected to the sewer in a commercial or industrial facility. The superintendent may allow an exception for facilities existing 'a's of January 1 .. 1995 .. when the hazardous materials are: seconda.rily contained and when constrained to prevent accidental spills caused by eart.hquakes and other occurrences. SECTION 5. Section 16.09.095 of the Palo Alto MUnicipal Code is hereby amended ~o read as follows: 16.09.095 Discharger Sel~-XoD1toring. (a) As a condition of discharge .. the scperint:.endent .may require the discharger to conduct a sampling and analysis program of discharger's industrIal waste of a frequency and type required by the superintendent to demonstrate complia~ce ~th the require· ment.e of t.his Chapter. The discharge penr-.it shall specify the minimum frequency and 'type of samples,. flow monitoring,. measuring, all(! allalyses to be cODducted by the discharger. The permit I!'aY also specify the type of sampling equipment and flow monitoring equipment whIch must be installed and used. The required self monitori~ program vill depend on factors such as flow .. potential for the d~scharge to cause interference,. passthrough .. or upset of treatment processes.. pollutants present-#' and pr-ior compliance history lif any] or the discharger. Additional monitoring may be required by the superintendent. for violation follow· up, assisting the City in evaluatIng effects of the discharge .. or as part of a compliance directive or ~ice of violation. Information t.o be in-cluded in r-eports of self monitoring and acceptable sampling and analytical Ir~ethods are specified in 40 CPR. 403.12 (gJ and 40 CPR. 136. Salli>les shall be analyzed at the discharger"s expense .. by a laboratory accredited by the State of california Department of Health for su~h analysis. The detection limit used by the discharger far those substances reported as nondetectahle shall be no greater than one tenth the lovest applicable effluent l.imit. Db) The self rnouitoring reports and notices required by the ~retreatmenf; Regulations shall be submitted to the superinten~ dent or his or her designee on the dates specified. (cl The superintendent. may require self monitori:og for facilities for which a permit has not been issued. In addition, t.he superintendent may-require investisatit:>Ds or studies to determine methods of reduCiog toxic constituents in the discharge. B • "'" f....'/, ," ". . - • • The superintendent may also request that 1nto~acion be ~ubmi~ted within a reasonahle t.ime concernitlg the che..."TUcal' or blolog:tcal constit.uents· of any subetan<:e or chemical product that could ~e~tial1y be discharged to the sewer system or the storm dra~n system or w'hich the superiElte.ndent c_et:ermines may, alone or 10 accumulation vi~ ~her discharges s contribute to a violatioG by the plant of any applicable ~ater·quality standards or of ~~y of lea NPOES permits or contribute to an upset ~f plant'processes~ SECTION 6. Section 16.09.101 of the Palo Alto Municipal Code is hereby ~ded to read as follows: 11.0'. Ul Ccpper-bued root control ehemJ:eds. No person shall discharge, dispose of or add to the sanitary sewer system or to tbe stor.m drain system ~y substance containing-greater than five percent copper by weight, to CODtrol roots or for any oth~r purpose. SECTION ,. Section 16.09.105 of the Palo Alto MUnicipal Code is hereby ar.ended to read as follows: !f.O'.lOS Unpolluted wat.~. Unpolluted: water aball not be discharged through direct .or indirect connection to the sanitary sewer system unless a pe:t"mit is issued by the city~ ·As used; 1n this section ... unpolluted ~~ater sha11 include stor.mvater from roofs, yards. foundation or under drainage, vbich meets all state and federal Teguiremen·ts for discharge to surface waters of the United States. Tne city may approve the discharge Qf such water to the sewer system only when DO reasonable alternative method of disposal is available. If a pe~t is granted for ~be dis~rse of su~n vate~ iDtc the sever system.. the user shall pay the applicable charges and fees and shall ~et su~ other cocditions as required by th~ superintendent. SECTION S. Seotion 16.09.106 of the Falo Alto Municipal Cede is hereby amended to read as foll0W5: 1(.~'.10' Storm Draina) threatened discharges. (a) It shall be unlawful to discharge any domestic waste or industrial waste into storm drains.. g-utt.ers ... creeks, or San Francisco Bay. Un1awful discharges to storm drains shall include. but ~ be limited to .. discharges from toilets; sinks; industrial processes; cooling systems; boilers; fabric cleaningi equipmeot cleaning. vehicle cleaning; construction activities .. io-cluding. but n~ limited to ... painting. paving, coc~ret~ placement, sawcutting and grading; s"'-~iog pools; spas; and f01.1.ntains.. unless specifically permitted by a discharge pe1'11'.it or unless exetrop-ted pur~uant to guidalines published by the superintendent. (b] It shall be unlawful to cause hazardous materials. domestic waste or industrial waste t.o be deposited in such a manner or location as to constitute a threatened discha.rge into storm 9 S4l tJO r.c: CICJOMJ -,---""""'" -------- .-, . ~ ;" . , .. • -".>-,-", ...... ,~" o drains" gutters" creeks or San Fran.eisco Bay.. A lIthre.ateo.ed discharge-Is a condition creating a substantial pr~ility Of harm. wben tbe probaLility and potential exten~ of harm make it reasonably ne-cessary to" taJte immediate "action to pr-event" redu-ce or DUtigate da=ages to_ persons" property or natural resources. ~stlc or industrial wastes that a~e DO longer contained in a pipe,. tank or ot.her c-ont.a.iner a.re considered to be threa.tened discharges unless they are actively being cleaced up. (c) Interior floor drains 1.iIl-..all not be connected to storm drains. ld} Exterior drains located in the following areas shall ~ be connected to storm drains: (1) Equipment or vehicle washing areas, (ii) {iii} (iv} Areas where equipmen~ routin~lY changed; fluids are Areas where hazardous materials. chemi· cals or ~ber uncontained materials that are easily transpo,rted by wind tlr 'Water are stored ar..d a:r-e not. secondarily contained; or Loading dock a%eas, except that loading dock drai.ns t.o the storm drain system may be allowed if a valve or equivaletlt d-evice is pravi~ed, which remains clo$ed exCi:!pt when it is rainiD9~ Secondi.ry containment a:hall be provided for any rooftop equipment, tanks or pipes containing ()(:her than potable water, cooling va."'te.r, heating system bot vater" steam .. water condensate or equivale~t substances" Which the superintendent dete~~nes vill oeherwise cause a probable di&charge to the storm drain syst~~ (e) Storm dra.in inlets shall be clearly marked -with the "words ·_No dumpIng! Flows to :Day" -or equi valen~. SECTION 9. Section 16.09.110 of the palo Alto M"n1cipal Code is hereby antended to read as follovs: 15.09.110 St&nd&rda. The following standards shall apply to all discharges ~o the sewer at a point or points determdned by the superintendent to be consistent with the dilution prohibition contained in section 16.09.115: fa} Tbe categorical Standards provided in t.he Pretreat ment RegulatiOils shall apply to all applicable sources. The definitions and procedures for estab lisbing individual eft1ueot limitatioos shall be as specified ~herein~ N~hing in chis Chapter shall 10 ," . . - '"''-i''' . -, , (b) (c) Parameter ® be cOllstrued limitations. .. ~ ":::. : .~~',~ "'~ .. :"..- -'~ =:. :>. as allowing · .. less st:-insenl:. Local limitations, in addition to those specified in this section, ahall be developed by the superin· tendent based upon the prohibit-ions contained in Section 16.09.100. These limit&tions vill be impoSed on appropriate dischargers via indu.trial waste discharge pe~ts or modificatioas to exist ing pennits. In addition to the requirements of (al =d (b) above .. the following requirements shall apply where they are more stringent: Average Concentration Inst.antaneous :Max~ Min. on ~ grease< (mg/L) 20 2(10 60()0 10000 Oil ~ grease (total), (mg/L) SUspended solids (mg/L) 30<10 Total DissDlved SoHds (mg/L) 5(}0<I Temperature, (Degrees F) < 3() gpm & c: 30 minutes: All other time.: Fluoride [mg/L} 65 pH". -. 150 F 120 F ·65 11.0 5.5 • Gravity aeparation at a temperature of 20 0 C and a pg of 4.5 • ..... Where the pH is monitored CCXltinaously .. no individual deviat.ion from the above range shall exceed ten (10) minutes in length for discharges less t.han 10 ... 000 gallons per day nor five (5) minutes in length for discharges greater than 10,0<10 gallons per day. The toeal time of deviations ·<Iuring any seven 17) calendar day poriO<! shall not exceed a toeal of 30 millu te.. Jl.Ily p!l reading less than or equal to 2.0 Or greater than or equal to 12.5 is prohibited. Cd) ~. Wastes shOWing excessive coloration sball not. be discharged iIl,to the sewer system. Excessi"1,(e coloration shall be defined as any coloration in a Yaste Yhich~ for any wave length ... displays less than sixty percent of the light transmissibility of distilled water under the following conditioos: III After filtration through a 0.45 micron membrane 'filter; (2) In the p!l range of 5.5 to 11.~; f3} Through a one centimeter light path; (4) . A maximum spectrum band vidch of 10 crans nanometers; 11 .>; .... ..... . "; {S~ Through th-e wave length range from 40'0 to sao nanometers. {e) Explosives. No solids, liqui~s. or gases which by themselves or by interaction with ot~er substances may create fire or explosion hazards.. in.cluding wastestreams with a closed -cup flashpoic.t of less than 140 degrees Fahrenheit (60 degrees -Celsius) shall be discharged 4 Fla.-unable subs tances incl uding, bu t not lirited to, acetone, alcohols~ benzene, gasoline, xylene, hexane and naphtha .. shall not be discharged into the sewer syste~ except ~here present in contaminated gro~water discharges being discharged under a~ exceptional waste peImit is_sued by the city .. 'Where groundwater discharges cootain such cOll·taminants. the discharger shall monitor the sewer atmosphere for explosivity and flammability using a properly calibrated meter designed for tbe purpose. The frequency of such monitoring shall be defined in the permit. 'Whenever 10l of the lower explosive level is exceeded .. the discharger shall ilrmediately notify the superintendent of tbe ~ential ha%ard in the sewer within fifteen minutes of making the determinat:~Oil of threatened explosivity. The discharger shall follow verbal notification ~th a written explanation cf the cause of the explosive hazard within five working days" with corrective actions taken to alleviate the situation and m.easures taken to prevent a reoccurrence~ The discharger shall not. recommence without prior written approval of t.he superinteod-ent or his designated representative. Where flam:n.able substances. are used in processes.. separate -collection a.9}(j disposal outside the sewer system shall be provided. If) Oil and grease. Oil and/or grease shall not be discharged into the sewer system if the average coccentration of floatable oil and/or grease {defined as that which is subject to gravity separation at a temperature of twenty degrees ~elsius and at a pH of 4.5) exceeds t~enty mg/liter; nor shall the total oil and/or grease concentration exceed two hundred mg/liter. In addition .. the discharge of petroleum oil .. non:biodegradable cutting oil .. or products of mineral origin in amounts that cause interfer ence or pass through .. as defined by EPA regulations, shall be pr~ibited. Cg) Hazardous. Noxious or Malodorous Substances. No industrial waste shall be discharged which alone or in Combination with ~her ~stes may create a pUblic nuisance~ hazard, make human entry into the sewers unsafe, or Which constitutes a discharge of haza.rdous substances as defined by Title 11 of this code; Title ~2.. Part II of ~he california Code of Regulations; or statutes of the United States governFent. Permitted dischargers shall be required to certify at least every six months, in their semiannual compliance report .. that their waste does not constitute a hazardous waste,,: as defined by EPA regulations~ and that during th~ previous six DOnths no discharge of hazardous substances or waste has occurred. Dischargers shall be required (as a condition to pe~Sssion to discharge) to file with the Palo Alto fire department a current hazardous materials 12 ~_"3<-__ ~_. ___ ' __ • .... . .. znanagement plan {HMMP) pursuant to Title 1.7 or this code and to have on site copies of material safety data sheets for all hazardous ~terials stored~ generated. or used at the discharger·s Bite~ Should any discharge of a hazardous ...aste occur" the discharger shall verbally notify appropriate agen~ies" including the SPA" the Regional Water. Quality ~ontrol Board and .the superintendent as soon as possible, but in no event later than 2( boura after su~h discharge. Appropriate records of hazardous ~ste dis~sal ranifests~ il:rvent:.ories of st.ored virgin and used ha.zaI:dous materials, and other documentation required by the EMMP ehall be kept and maoe available for inspection and/or copying at the city'. request. Merca~~s and dissolved sulfides shall not be discharged in concentrations exceeding 0.1 mg/liter. fh) Qrganic Solyents. bcept as pe%1lrl tted by ether . sections of tbis Chapter .. the sewer shall not be used as a means of d.isposal fOT crganic solvents. Wastevatex: discharged to the_ sewer shall not contain a sum total greater than l~OOO milligrams per liter of acetone" ethanol" 1T~t.haDol. ox: isopropyl alcohol, i.n any combination. Dischargers having organic solvents on site or using same-shall provide and use a separate collection and disposal system outside the e~er system and sball previde safeguards aga.inst t.heir accidental discharge to t.he e-e,.,·er.. Approved solven·t management and a plan to prevent entrj" to a sanitary aeW'er ac~iden tal spill preven~ion plans shall be filed by the discharger as a conditiOn of permission t.o discr.arge to the sanitary sewer. ilecords of awropriate disposal and handling shall be trainta.ined by the discharger and shall be available for inspection and copying by City personn~l~ Organic sclven·ts shall in-clude. but sball not be limited to" those 'Osed in dry cleanIng establishments, and shall also include separator 1It"a.ter generated by dry cleatling equipment. Neither t.he organic solvent nor the separator wat.e-r may lawfully be discharged to the sewer or sto~ drain system~ (i) Total Tqxic; Qrgpnics. The prohibition agair;.st disposal of . organic selveJlts contained in 16.'0.9.'110(9) :may be replaced l>y a specific limitation on Total Toxic Organics iTTO). Any such limitation must be contained in an industrial-waste permit and either based on the appropriate Categorical Standard of the Pretreatment ~egulations or tbe followiog: _Total Toxic. Organics (TTO) shall be as defined under tbe" Pretreatment Regulations. The ~~ of the TTO sball be less than 1.0 ms/1 as an instantaneous maximum. No individual toxic organic compound {except for phenol) shall. exceed 0.75 mg/l as an in' stantaneous maximum. These limitations are subject to change in the future o.S the requiremen.ts placed 00 the plant become more stringent and as tbe process for establishing tbe industrial waste limitatioos is refined. , . -.. ". , ' -..:.....:-_--:......_. _-_C'~ o (j) Radioactivity. The discharge of radioactive wastes into the sewer system sbll conform to the requirements of Califor nia aa~iation Control ~egul~tions_ Title 17, California Code of Regulat1one ... Chapter SI S"..J.bc:bapter .. ..-and as subsequently amended. (k) SOlid.. -No material .hall be discharged to ·the sanitary sever, which rill ob9t.ruct or daIt'.a.se the collEction system., treatment system .. or appurtenances.. Specific prohibitions are as fol1ova: (1) Inert 'Solids. -The discharge of inert solids including, but cot limited to sand, glass,. metal chips ... boDe. plastIcs .. etc. into the sewer is prohibited. Settling chambers or treatment works shall be installed where necessary to prevent the Entry of inert solids into th~.6ewer system~ _. £2J SOlid Particles .. -Induetrial wastes shall not contain particulate matter that .. ill not pass through a 1/2 ioch screen; this s-~seceion shall ~ apply to domestic sewage from industrial. establishments. tl} StorM [liquid Wastes. -Liquid aqueous -based wastes ~hat have been collected and held in tanks or containers shall ~ be discharged into the sewer system except. at locat.io!lE authorized by the S\1perinteOO.l;!nt' to collect. such wastes. Wast.es of this category in-:lude but are not limited to: (1) Chemical toilet wastes; t2) Industrial wastes collected in cOD,taine~s or tanks; (3) Pleasure boat wastes; (() Septic tank pw!i>iog; (5) Trailer.. ca.trper, housecar .. or other recreational vehicle ~stes. {m) ToxiCity. -The following is a ~onexclusive list of toxic substances and the max~ concentration allowed for each discharge: Toxicapt Arsenic Barium Beryllium Boron ~drnium Chromium .. Hexavalent Chromium Total 14 Instantaneous ~.aximum Concentra.tion Allowable 0.1 mg/liter 5.0 mg/liter 0.75 mg/liter 1.0 mg/liter 0.1 mg/lit<;r 1.0 mg/liter 2.0 mgiliter Toxjcant Cobalt Copper . CyanIde Fo<maldehyde Lead Manganese I'.ercury NIckel Phenols Selenium Silver Zinc Inst.Mtaneous Maximum. Com:;erltration Al'lowable 1.·0 mg/liter 2.0 mg/liter 1.0 mg/liter 5.0 mg/liter 0.5 mg/liter i. 0 mg/liter 0.05 mg/liter 0.5 mg/liter 1.0 mg/Hter 1. 0 mg/liter 0.25 mg/liter 2.0 mg/liter For discharges greater than 50,00-0 gallons per day the I!".ax.imcm concec.·tration ~ill be one -half the values listed in the table .. with tbe exceptions of silver and nickel .. for which the limits shall remain 0.25 mg/liter and 0.5 mg/liter. respectiv.ly. regardless cf flow. The.ma.xi.mum cOlleentration allowable for sliver set forth in t.his section shall .not be applicable to pbctographic materials processing & Silver limitatioDs for ~oproce990rs are set forth 1:0 Section 1E". 09 .111. Tbe maximum concentration allowable for copper set forth in this section shall apply to all discharges excepe wbere more stringent maximum concentration limitati~ are specifIed in Sec~ion 16.09.116. These " limitations are sUbject to change in the future as the requirements placed on the plant become 11lOre stringent. and as the process for establishing the i~dustrial waste limitations is refined. (nl Dlscharse limitations at the point of sampling sha.ll be specified I.e. each discharge permit, based on flow and -waste stream information supplied in the discharger·s permit application, applicable Federal categorical limitations on process wastewaters, and other pertin€.nt inforroation~ Discharge liw.itations may be exp:-essed both in te:nns of total mass discharged and concentration. SecTION 1 Q.. Section 16.09.114 is hereby added to Chapter 1~.09 of ehe Palo Alto ~icipal Code to read as follows: 1.6.09.1140 J..-equire:ments for za.c.hine shops. tal All ~ch1ne shops shall be operated in accordance with the following standards. (1) No person shall dispose of .. nor pennit the disposal ... directly or indirectly, of machine sbop fluids .. hazardous 15 . , I '. c -. ' ... . -, ':,.- .,' . , .,' ..... -.. . :"~~-~ ,>w; .. ---... ~ ,'. --"-::.. -~ raterials, mop water. or rinse~ater from parts cleaning or ~eb~rring/tumbling operations into storm drains. (2) No person sball dispose of machine shop fluids or rinsewater from parts cleaning or deburring/twr.blillg operations into the sanitary se.er system exce~ pursuaot to an indust~ial .~~ste discharge permit Obtained in accordance ~th this chap<er~ (3) No machipe shop shall contain floor drains .. exce~ing only such floor drains as are ~onnected to ~stewater pretreatment systems tor which an. industrial waste discharge permit has been ~ained in accordance with this cha~er. (4.) Machine shops shall be cl eane-d using only those metbods of cleaning which ensure that no materials are discharged to the storm drain or to t.he sa.t!itary sewer system~ except ~or wastewater that _is discharged to-tbe sanitary se"..-er system pursuant to an industrial waste discharge permlt obtained in accordan.ce with this chapter; provided... however, that a permit shall not be req~ired for facilities that use the following three·step sequence for cleaning floors, or an approved equi'Va.lent~ IS) ensure that spi 11 materials are ke~ for u~e. (!) Clean up spills with rags ~r other absorbent aaterials; lil) Sweep floo,," usiIlg dry absorbe:lt· Jr.aterial; and {iii} Mop floor. Mop water shall be discharged to t.he sani tary sewer via a toilet or sink. All owners and cpe.rators of znachine shops shall preve:ction~ clean-up equipmen,t aDd absorbent in stock at all times and are readily available Hi) All owners and operators of machine shops shall post or cause to ~ ~ted signs on all s~orm drain inlets located on tbe propert.y of the facility with the words -No dumping! Flows to Bay· or eq-J.i valent. {7} All owners and operat.ors of rr.achine shops shall ensure that all employees who york directly on aachine ~rations or clean up of such facilities are trained.. upon hiring and annually thereafter~ regarding best management practices for machine :sbops in accordance with guideliDes issued and published by the superintendent. SECTION 11. Sectlon 16.09.115 of the Palo AltO MUniCipal Code is hereby repealed. SECTION 12. Section 16.09.115 is hereby added to Chapter 16~C9 of the Palo Alto MUnicipal Code to read as foll~: ." '-"/_ ": .. ' /f· ,; ~ 1( .0' .115 and f~ta.!XI.'. .... '.,. :, <~ ;r~-," -- '\~J ,:: .. :" "::~~:::'_ ,~ (al It sball be unlawful to discharge water from cool ing SY9tems, pools¥ and spas to the storm drain system. {b) No person shall discbarge or add to the Sewer or storm drain, Qr add to a cooling syste..'1'l, pool, spa or fountain, any substance that contains any of the following: til (UI (iHI copper in excess of 2.0 mg/liter; Any tributyl tin compound in excess of 0.1 mg/liter; or Chromium in excess of 2.0 mg/liter. The ahove concentration l.imitations shall apply to any of the above listed substances prior to dilution with the cooling system. poel. spa or fountain vater. Ie) Cooling system discharges. Ii) As of July 1. 1998. cooling system discbarges exceeding 2.0·0'0 salloos per day shall not ~ceed a l!'aximum. copper con.cent.ratioa in. excess of O~45 mg/litera The superiotenden~ may impose an alternative requirement-to th~ 0.25 limit wben t.be cycles of ccn-centrations routinel.y exceed. ten (10). The alternative requirement. may consist of an alternative limit.. a mass limlt or a spacified main·tenance program,. or a combinatiOfi ~! these. Iii) Notwithstanding the effective date of the limits·set forth in subparagraph IiI. cooling system discha.rge operations commencing 00 or after July 1,. 1991 shall not; be required to comply with those limits until one year after the date of su·ch coc:rmencement. (d) Cooling system cleaning. Wastewater from cooling system cleaning ~bere a chemical cleaner or physical sco~ring is used in the cleaning-process shall be sampled prior to discharge to t.he sewer to ensure .. compliance with t.he maximum con-centratioo limits -contained i:o Section 16.09~11.0. For purposes of this section,. -physical scouring-does ~ include the use of water at typical water supply pressure. The waste~~ter sball be analyzed for copper and any other constit-uents specified by t.he superintendent. The result.s of such analysis shall be rev-iewed by tbe COOli~ system operator prior t.o discbarge. ;'~ " .;. -: . ..;.. ~~i --. ",>':, ~; --~,"~ .... "~" -' (e} oevices using electricity to dissolve copper or silver into Yater distribution systems~ cooling syst€ms, pools I spas or fountains are prohibited. SiCTIQN 13. Section 16.09.116 is hereby added to Chapter 16.09 of the Palo Alto ~~icipal Code to read as follows: 15.09.116 Additional coppe~ 'liait&tiona for industrial waste. {a} Industri.al waste discharges to the sewer are subject to tbe copper limitations contained. ~n this s~c~ion ~cept ~c-r indUstria.l waste" from t.he follovlDg facill-t1es.... lncl\"~log laciltties tbat are ec:a:rponents of la.rger facilities I -which are subject to specific limitations set forth in ~her provisions of this chapter. Ii) IU1 {iii1 (ivl Vehicle serviee facilities; Photoprocessing facilities. Machlne 500"S, and Metal fabrication facilities. ," (bj No later than July 1, 1996.. ioo'u5trial waste discharges to the ~ever from met.al fi.:lishing facilities,. as defined by the EPA in 40 CFR part 413 and part 433, shall meet either (1) or (ii) of this subsect..ion. These require:nent.s shall apply -t.o proc_ess-walStes containing copper or nickel prior t.o dilution by noD-metal finishing process wastes. domestic ~ste, and ~ooling water. {t, The annual average copper concentration for any 12 month period shall cot exceed 0.4 mg/l.. In a6dition all reasonable centrol r~asures specified in accordance with standards published by the superintendent sball be installed and implemented; or (ii) The annual average pounds/day of copper shall not exceed an amount specified by the superintendent in the industrial waste discharge permit .. _vhich is based upon a pollution prevention review COQ ducted by the city .. The limitation shall be based -upon those control measures baving a s~le payback period of five years or less. The average annual Pounds per day shall be a. -rolling-measurement" ' calculated by multiplying the flow weighted average copper cOD:centration for all samples t.aken during any 12 month perioq. by the total floW' for that 12 ... -:,."- _~ ____ ._~_~ __ -.... •• c .. , ~- -' -'- -. ,f '';'', month period. The average an~ual pounds per day lilfiit Zl'I3.j<-be in<:reased by the s:uperitltende:r:::t in proportion to increases in p't'oduction at t.he discharger's facility to the extent that such productioa increases are vithin .the grcwth allocation specified i.n the tjo.cume:o.t prepared by Montg-omery Watson .. and published~y the City of Fal0 Alto. entitled ·City of Palo Alto,-Local Lilr..its Development-Proposed Local Limits-April. 1994' • Cc) As of July 1. 1998. Lhe maxiJr;um copper concentration :in industrial waste discbarges to t.be sewer other than those covered by subsections Calor fbI "hall not ex,eed 0 .• 5 mg/l. SICTIQN 1<. Section 16.09~11; is hereby added to Chapter 16.09 of the Palo _~to MUnicipal Code to read as follows: 11.-09.117 :lequlrflSlleDt. fer cOl18tructiOll operations .. {a} A spill ~esponse plan tor ha.%.ardous waste ... hazardous mat.eriale and un<:ontained COIlStru-ction materials shall be prepared: and aVailable at the constru~tioo sites for all'projects where the proposed constru,ction site is equal t.o or greater than five acres of disturbed soil and fo-r any ot.her projects for wblcb the city engineer deter.mines is necessary to proeect surface ~ters. Preparation of" the plan shall be in accordan.ce wit.b 9"' .. lidelioes published by the city engineer. (b) ~ storm vater pollution prevention plan shall be prepared and available at the construction sites for all projects equal. to or greater than five acres o-f disturbed soil and tor any ~her projects for which the city engineer deter.mines that a storm water management plan is necessary to protect surface yaters .. P%eparation of the plan shall be in accordance wit.h guidelines published by the city engine.r. (el Prior approval shall be obtained from the city engineer or designee to discharge water pumped from construction sites t.o the storm drain. The city engineer or designee may require gravity settling and filtration upon a determination that either or both would improve the water quality of tbe discharge~ Coataminated ground ~~er or water that exceeds state or federal requiremen,ts for disd..arge to navigable waters may not be discl'..arged to the storm drain. Su-ch water Ilay be discharged t.o the sello'er, provided t.hat the -requirements of section 16,O~.110 are met. and t.be apprO'V"al o,f t.he superintendent is obtained prior to discharg~." {dl No cleanup of construction debris from tbe streets shall result in the discharge of water to the sto~ drain systemi nor shall any construction debris be deposited or allo~ed to be depoeited in tne storm drain system. 19 . ',' :. -', ! .• -"' .. _'- , ,-- <_'''c SECTI06 15. S~ction 16.09.121 is hereby added to Cha~er 16.09 of tbe palo Alto MUnicipal Code to read as follows: 15 .(1' .121 Prohibition aga1"5t dHutton. ExCepI: >flere expressly aut.horiz.ed to do so by an applicable Categorical Standard provided in ~he Pretreatment Regulations, ~o discr~rger shall ever increase the use of process water .. or in any other way" dilute a discharge as. a partial or complete suDstit'...lte for adequate treatment to achieve compliance yith such Cate90ric~1 Standard or any other rE-quirement of t:his chapter. SECTIQK 16. Section 16.09.140 of the Palo Alto ~runicipal Code is hereby amended to read. as follows: 16.0'.140 Br.~ore ... ent., c.ria1nal penalties. As provided in Chapter 1. as of Title 1 of this code~ violations of the provisions of this title shall be subjec~ to criminal penalties. The following designated el!iplo)'ee positiOllS may enforce the provisions of this cha~er by the-issuance of citations. Persons employed in. such positiO!lS are authorized to exercise the authority provided in PEnal Code Secti9n 836.5 and are authorized to issue citations for violations of this chapter. The designated employee position::; are: industrial waste inspector; industrial -waste investigator; associate e~ineeri manager~ environmental control programs; supervisor .. industrial waste; and manager~ environmental compliance division. SBeE1QN 17. section 16.~9~141 of tbe Palo ~to Municipal Code is bereby repealed. SECTION l§. section 16.09.141 is hereby added to Chapter 16.09 of the P~lo ~to MUnicipal C9de ~o read as follows: 16.e9.1C1 En~or" __ t:1 judi"ial eiTll penalUes. My person who intentionally ~r negligently violates any provision of this chapter or anyprovision of any permit issued pursuant to this chapter shall be civilly liable to the City in a 5Um of nol: to exceed tyenty-five thousand dollars ($25 1 000) per day for each day in which such violation occurs. The City may petition the Superioz.' Court pureuant eo Government Code section 54740 to impose .. assesS r and recover sUoCh sums. The remedy provided in this section is cumulative and not. exclusivel and snail be in addition to the penalty provisions of Chapt.er 1.09 of this code and all other remedies available to ~he City under state and federal law. SECTION 19. Section 16.09.1~2 is bereby added to Chapter 16.09 of the Palo Alto MUnicipal Code to read as follows: 1'.09.142 Enforcement; a~lBtr&t1ve civil penalties. raJ Complaint ~ The superintendent !!".ay serve an ad.'"tI.inistrat.j.ve-complaint on any person .... ho has violated any proviSion of this cha~er. The complaint shall state: 20 (t) Ii) Iii) (iiil h) -..:.; The ac~ or failure that constitutes the violation; "I:he provisions of laY authorizing the ·civil liability to be imposed; and The proposed civil penalty. Th& complaint shall be served by personal delivery or certified mail on the person subject. to requirements t.hat the superintendeDt .alleges ven violated# i!.l:ld shall inform the perDO'n served that a hearing on the complaint shall be cODducted with!n sixty (60) days afeer service~ unless the person charged with the violation waives his or her right to a hearing. !b) Hearing. Unless the person charged with the violations (s) waives his or her right to .. hea:ting. the city manager cr designee of the city manager shall condu<=t a heariLg within sixty (60) days. If the hearing officer finds that the persOD ~~s caused a violation, he or she may asseSs administracive penalties against the person. In determining the amount of the civil penalty, the bearing officer may ~ake into consideration all relevant circumstances .. including'., but not limited to .. t.he extent -of harm caused by the violati9n.. the economic benefit derived through any nOilcompli~ce... t.he nature and persistence of the violation, the length of time over whicb the violation occurs and corrective actioc .. if any. att~ed or taken by the discharger. Civil penal.t1es that may be imposed are as follows: Ii) (ii) An amount Jlot to exceed $2 ... 0'00 per day tor failing or refusing to furnish tech· nical or monitoring reports; An aIt.ount not to e.'1C:ceed $3.0,00 per day for failing or refusing to comply in a tiDely fashioo with any compliance SChed ule established by the city; (iiil. AD. =t not to exceed $5,000 per day of violation for discharges in violation of -any waste discharge limitation. perntit condition. or requirement issued by the city; and iivJ An amount not to exceed $1-0 per gallon tor discl'.arges in violation of any sus pensiOD~ cease and desist order or other orders~ or prohibition issued, reissued or adopted by the <: i ty .. {c) Appeal. :Any person against 'Whom penalties are assessed by the hearing officer may appeal t.h,= decisiOil of the bearing officer ~thin thirty (30) days of ~otice of ~he decision. The City Council may hear the appeal or deny review of the case. If the City Council decides to hear the appeal .. it shall conduct 21 ;----;-:c_~-------:---.-------;- ~,' . -, , :-~ >->::;<r-' . -. '-,- ., . . ' . o the appeal in accorda.nce with procedures established. by the Council~ The decision Of the City Council shall be in writing and sha!'l be final. All civil penalties imposed in accordance with this section shall be payable within 30 days of the decision of the hearing officer; provided~ that if the decision is appeale1, all penalties shall be payable within 30 days after the City Co~ncil decision on the appeal. {d' Lien. The amount of any civil penalties imposed under this section "bleb 'have remained delinquent for a. perioo of 60 days shall constitute a lIen against the real property of the discharger from which tbe violation occurred resulting in imposi: tion of the penalty. The superintendent shall cause the at:1()unt of uncollected penalty to be recorded witb the county recorder~ in accordance with Section 547'0.$ of the California Government Code,. as tbe same frOl'!!. time t.c time may be amended. SECT!ON lQ. Section 16.'9.143 is hereby adQed to Ci'.apter 16.03 of the Palo Alto MunicIpal Code to read as follows: 1(:0.1U Enforcement, notice of nOllcomp1 la.nee . unless the superintendent finds that the severity of the violation warrants imnediate action under sections 16".09.140, 16.09.141 or 16409.142 or permi~ revOcation or suspension; "be or she shall issue a ~ice of non~ompliance wbich: {I} Enumerates the violations found, and {2} Orders compliance by a oate certajn. If the violations are not aliated in the time period ident.ified further action may be taken by the superilltendec.t .. including, but nee limdted to~ suspension, revocatiou or modifica tion of the discharger's pe~t pursuant to Section 16.09.040. SECtION 21. Section 16.0g.144 is hereby added to Cha~er 16.09 of the Palo Alto ~icipal Code to read as follows: 16.09.1" Public notifieatlon of violations. At least annually. notice shall be provided in the largest local daily newspaper listing those industrial users tr...a.t ",ere found to have Significantly violated the provisionS o:.f the ordinan~e curing the previous ~welve months. For the purpose of this prOVision, a significant violation is as defined by the EPA in 40 CFR part 403.8 1 or a violation roeeting criteria established by the superintendent. SECTIQS 22. Section lc.09.1ES is hereby added to Chapter 16.09 of the Palo Alto ~icipal Code to read as folloYs: -,..-------. . ".- , .. -. • '--" {a) Practical difficulties. The superintendent is authorize~ to modify any of the provisiocs of this chapter upon applic~tion 1~ writing by che owner l a lessee or a duly authoriEed represen·tative where t.here are practical difficulties in the way of carrying out the provisions of this chapter. provided that t.he .purpose of this chapter ... as set forth in section lS.09.0<lS, shall" be complied with, and substantial justice done. The particulars of such modification and the decisioa of the superintendent shall be entered upon t.ne records of the plant and a sigoed copy shall be furnished t <' the appl1caJOt. {b) Alte.rnate materials. The superintendent.. upon application in writing by the owner, a lessee or a duly authorized representative. and on coeice to the chief buildiog official. is authorized to approve alternate materials or methods, provided t.hat tbe 5uperin·teodent ti:nds that the propos~d ~esign, use or operation satisfactorily complies with the intent of this chapter and that the materia.l .. method of work performed or operaticc. is,. for the purpose int~de:d.. at least eqv.ivalen·t to that p~escribed in this chapt.er in quality and effectiveness in meeting the purposes of this chapter ~ Approva~s under the authority herein cooeained shall be subject to the approval of the chief building official whenever the alternate material or method involves %tatters regulated by any code administered by the chiet building official. The particulars of any appr~Voll made by the superintendent under this subsection s.hall be entered upon the records of the plant and a signed copy shall be fUrnished to the applicant. SECTION 21~ The Council finds that this ordinance is categOrically exempt from t.he california Environmental Quality Act,. pursuant. to Section 15308 ·of the St.ate CEQA Guidelines, as a regulatory action taken to protect the envir-onment. The Cou,ncil fur~her finds that there are DO unusual circumstan~es that might create a re&soaable prObability that the project would have any significant environmeneal effects. SECTION 24. This ordinance commencement of the thirty~first adOption. FASSED: AYES: NOES: ABSIDiT: ABSTENT IONS: 23 " , shall be day after ". effective the date ex; of the its . ATTEST: APPROVED: City Clerk l-t:iyor APPROVl!D AS TO FORM: City Ma.oager Senior Asat. City Attorney Director of Public Works Eoviromnental Carpliance Manager 24 < ,< follows, , . O~INANCB NO. ORDINANCI! CF THE COUNCIL OF TIfE CITY OF PALO ALTO AMENDING SECTIONS 16.09.010 AND 16.09.143 OF CIIAP'I'BR 16.09 (THE SEWER USB ORDINANCE) OF THE: PALO ALTO l'l'.J1IICIPAL COOl! 'I'he COuncil of t.he City of Palo Alto does ORDAIN as SECTION 1. Section 16.09.010 of the Palo Alto MUnicipal Code is hereby amended to read as follows: 1&.09.010 OefinltlO:>a. The following verds and phrases, whenever used in this chapter .. shall be as defined herein. Words .. terms and phrases used in this Chapt.er not otherwise defined shall be as defined or interpreted or used in the Pretreatment Regulations. Terminology for analytical testing shall .!::>e that contained: in -Guidelines Establishing Test Procedures for the Analysis of Pollutants," pub1ished at Title 40 CFR, Part 1)6. U} "Average concentration' of a substance means the total dally disCharge weight of the suhstance divided by the total daily wastewater volume at the point of discharge. (2) 'Berm' means a barrier to the flow of liquid which is nee rendered iDeffec~ive by the liquid and is sufficiently high to cootain anticipated fluid amouotB, or vhich causes sufficient grade to prevent migration of ~nticipated fluid amounts. (l} 'Cesspool' means a lined or par~ially lined underground pit into which raw sanitary sewage is discharged. (4) ·Collectioc system' mea.."lS the pipes, jUDCtioo boxes, channels and o<her conveyance apparatus used to move storm water or sewage. i5) 'C~ling vater-me~ns water which is used to cool fluids or equipment in commercial or industrial processes or air conditIoning systems. {6) 'Cooling water system' means the pipes, heat exchangers and other appurtenances useC\ to convey cooling water in cooling towers, direct contact cooling systems and similar fixed cool ing systems. (1) 'Contaminated grouod water-means water found beneath the earth's surface which does DOt meet state or federal standards for drinking water supplies or ocher 9pecified beneficial uses. (8} ·contami:cated 'tt'ate-r' means water that does not meet state or federal standards for discharge to navigable waters. 1 (9) "Cycles -of cO!lcentratioo. ... means the flew rate of water added to a cooling tower water syste~ divide~ by the flow rate of water discharged from a cooling system. (~O} "Discharger" means any person who causes, or pe~its the discharge of industrial waste sewer or storm drain. discharges~ inte a city (11) "Domestic waste" means tbe liquid and waterborne wastes derived from the ordinary living processes, free from industrial Wastes and of s~h ~haracter as to penmit satisfactory disposal. without special treatment# into the City#s sewer system. ~12) "EPA" protection Agency. means the United States Environmental (13) ·Exceptional waste" means that subset of industrial waste specified in Section 16.09.020(c) (2). [14.) "Fail-safe valve" :means an electrically drbren valve that is normally closed. The valve Ca.::l be opened by continuO'..:.isly depressing a switch mechanism that automatically closes the valve wben ~~ in use or depressed. US) ·Pood service facility" means any nonresidential establishment that uses or generates grease when preparing tood. Food service facility does DOt mean any facility that prepares food for off-site cooking and consumption~ or any facility that does not "--use or generate grease in cookil!g or preparing food. {16J "Grease· means~ and includes, fats. oils~ waxes or other related constituent.s. Grease may be of vegetable or animal origin, including butter, lard~ margarine, vegetable fats and vils~ and fats in meats~ cereals~ seeds$ nuts and certain fruits. Grease may also be of mineral origin, including kerosene# lubricating oil, and road oil. Grease in the wastewater collect.ion system is generally present as, but need ~ be~ a floatable solid, a liquid, a colloid$ an emulsion$ or in a solution. ~17J "Grease remova1 device" means an interceptor, trap$ or other mechanIcal device designed~ cOO5tru~ted and intended to remove, hold or otherwise prevent the passage of grease to the sanitary sewer. 418) -Hazardous .material· designated by Title 17 of this code. means any material so (19) ·Industrial waste" means the waste and wastewater from any produ<=tiOD~ lrIaDufacturing or processing operation of whatever nature including institutional and commercial operations where wastewater is used for the removal of waste other than domestic waste. "Indust.rial waste" shall include contaminated wat.er from construct.ion operations. con·taminated water from erosion of disturbed land, and coc.taminated water from irrigation ruDoff. 2 , I I I (20) -Instantaneous concentration ~r other measure discrete point in time. (21' -Instantaneous ~entratlOQ or other measure discrete point in ttme4 maximum-means the highest of pollutant magnitude taken at any minimum-means the lowest of pollutant ~agoitude tak2n at any (22) -Interceptor-means COl!St.ructed to intercept, separate~ prohibited substances into the sewer a receptacle designed and and prevent the passage of system. (23) 'Machine shop· means a fixed facility which cuts. grInds. polishes.. deburs, or machines metal parts but does not:. conduct met~l finishing as that term is defined by the EPA in 40 CFR part 4.33. (24) '~tal fabrication facility· means a fixed facility that forms~ welds and assembles me~al pieces. but does ~ conduct metal finishing as that term is defined by the E·PA in 40 CFR part H3. (02 5) ·'feB:~lilj a. e~a!e :eteaS'tiE"emeet:' meass ~!i:e 9il:ml sf all J!IleaStle=E!IIIteB~S ~aJieB SI;l'f"i&! a mSB'e-a ei u :i~e& el ~'Be slB'ISeE' af meae~remeB~e ta~eB ~~~ift! ehe mea~h. The "meB~kly aueta!e meaBeFeMeB~' seall ~e ~aeea ee a miaimHm af ~BE'ee meae~FeBeB~S, p¥'elf'ise'e ~1t&1: if t'he l!\eaEl~!f'ea value af ae:~ lPIeal!nt:!'emeet is ~elEYw.· t:he &l'!aJ:)'"t:ie fJe~ee~ies limit, ~lleB: ~fte !!eeeel:isB 11!Rit skaJ:J: ~e asell 1B ealetf:lal:i8! tl!e Iftefttel, avera9'e. (2Gj)·Organic solvent-means any nolvent Which contains carbon in its-molecular structure. (2~) ·Person· m'S:ans any individual" partnership .. firm, association, Corporation, or public agency. ~2&lJ ·Plant· lr.eans the Palo .Alto Regional Water QI.lality Coot rol Pla.n·t. f29:JJ ·Point of-discharge-means the point or points designated as \'.'Osuch in the permit. Where no-designation is made it shall mean the poin·t where the p:tivate sewer joins a public sewer. (~!) • Pretreatment eystem· means a treat.ment system at an industrial"'·'or commercial facility that. is designed to treat water prior to entering the cityrs sewer system. i3~) ·Sanitary sewage· cr ·sewage' means water-cazried wastes from "'reslde~es, business.. property.. institut.ions and industrial property excluding ground water, surface vater.. and stormwaters. (3~~l ·Secondary cODtainment-meaDS and shall have the meaning speclfied by Title 11 of this code. 3 ' . . . ,- . , • ---:: (l~t) -Seepage pit -means a device co«prised of one or more pits extending into porous s~rata. lined with open-jointed masonry or similar valls,. capped and provided 'With a means of access such as a manhole cover and into vhich vastevater disposal system effluent is discharged. (3+~) ·Sevage treatment plant-means any arrangement of devices and structures used for treating sanitary se~~ge~ 05Jl 'Sewer-m.eans a pipe or conduit for carrying sewage~ {3~) -Sewer sY9tem-or -sanitary sewer system-means all sewers~ treatment plants and other facilities o·~ed or operated by the. City of Palo Alto for carrying. collecting. treating, and disposing of sanitary sewage and industrial wastes~ (3~) 'Simple payback period-means the number of years required to a.llo'W the 6011a-r value of an invest.ment in vater pollution control to be exceeded by cost savings resulting from the iIlvestment. 43&,,> 'Storm drains· or ·storm drain system· means the system ~ pipes and cr~e15 used to collect and cocvey stcrmwater. 09f,J -Superinteoder::.t-Jneans the manager of the :Palo Al~o Regional Vatet Quality Control Plant~ his or her designee or su~h other person as may be designated by the city manager~ (*",t_1 .vnpolluted water-means water to which no constituent has been a~edl either intentionally or accidentally. that would: render s-.x:h water unacceptable tor disposal to st.orm or natural dr~!nage or directly to surface waters. SECTION 2. Section 16.09.1'3 of the Palo Alto MUniCipal Code is hereby amended to read as follows: 1'.09~14) BDforoRmen~1 notice of noncompliance. il:il±tbt1'Unless the-superincendent finds U".at the severity of the violatlorr"wrrants inmediate action under sections 16. 09.1.0~ 16_09~141 or 16.09~142 or permit revocation or suspension~ he or she shall issue a noeice of con~ompliance which: (1) Enumerates the violations found .. and (4) Orders corepliance by a date certain~ If the violations are not. abated in the time period. identified further action may be taken by the superintendent, including, but DOt limited to.. sUEpension~ revocation or modification of the discharger~3 permit pursuant to Section 16.09.040. . ".;," '-." -:: . --, , -"" -""-~~" , 8 S&C.j'IQN 3.. Th"! Coun~il finds that this ordinance is categorically exempt from the california Environmental Quality Act, pursuant to Sect.ion 15308 of t.he State CEQA Guidelines, as a regulatory act.ion taken to pr~ect the environment. The Council further finds that there are DO unusual circumstances that might create a reasonable probability that the project would have any significant envir~~ntal effects .. SECTiON C. conunencement of the adoption_ INTRoor.;cED : PASSED: AYES: NOES: ABSEN'l': ABSTENTIONS: This ordinance thirty-first day 5 shall be effective on the after the date of its , , -.,T ,. ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FOR.'f: City Manager senior Asst. city Attorney Director of PUb~ic Works ~~viror~ental Compliance ~ 6