HomeMy WebLinkAboutOrdinance - 2429 - Amend Title 14
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ORDINANCE NO. 2429
AN ORDINANCE AMENDING TITLE 14 (UTILITIES) CHAPTER 14.16
(SEWERS) BY AMENDING SECTIONS 14.16.010 THROUGH 14.16.030,
14.16.100, 14.16.105, ADDING SECTION 14.16.125, AMENDING
SECTIONS 14.16.140, 14.16.175, 14.16.190, 14.16.195, 14.16.240, 14.16.245,
14.16.246, 14.16.300, 14.16.400, RENAMING AND AMENDING SECTIONS
14.16.400A, 14.16.400B, 14.16.400C, 14.16.400D, 14.16.400E AND 14.16.400F
TO 14.16.402, 14.16.403, 14.16.404, 14.16.405 AND 14.16.406
RESPECTIVELY, REPEALING SECTION 14.16.400G, AMENDING
SECTIONS 14.16.420 and 14.16.430, ADDING SECTIONS 14.16.431,
14.16.432,14.16.433, 14.16.434, 14.16.435, 14.16.445, AMENDING
SECTIONS 14.16.450, 14.16.460 AND 14.16.470, ADDING SECTIONS
14.16.490, AMENDING SECTIONS 14.16.504, 14.16.506, 14.16.508,
14.16.536, 14.16.540, 14.16.550, 14.16.560, 14.16.562, 14.16.570, 14.16.575,
14.16.582,14.16.584, 14.16.588, 14.16.600, 14.16.620, 14.16.650, 14.16.670,
14.16.690,14.16.700, 14.16.710 AND 14.16.720 AND ADDING SECTIONS
14.16.840.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES
ORDAIN AS FOLLOWS:
Section 1. Title 14, Chapter 14.16, Sections 14.16.010 through 14.16.030 and Section
14.16.1 00 and Section 14.16.105 are amended to read as follows:
14.16.010 Purpose.
These regulations set forth uniform requirements for contributions to the city's wastewater
collection facilities and wastewater treatment facilities by all users thereof. These regulations
enable the city to comply with applicable state and federal laws required by the Clean Water Act
(33 V.S.C. 1251 et seq.) and the General Pretreatment Regulations (40 CFR part 403) and
subsequent amendments.
The objectives of this chapter are:
A. To provide revenue for funding maintenance, operation, replacement, improvement, and
extension of the city's Publicly Owned Treatment Works (POTW);
B. [NO CHANGE TO BAND CJ
D. To prevent the introduction of pollutants into the system that may pass through the wastewater
treatment system, inadequately treated, into sludge, atmosphere, effiuents, receiving waters, or
otherwise be incompatible with the POTW;
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E. To provide for the protection and well-being of personnel associated with wastewater
transmission and treatment and the general public;
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F. To improve the opportunity to recycle and reclaim wastewaters and sludge from the
wastewater treatment system; and
G. To enable the city to comply with its National Pollutant Discharge Elimination System permit
conditions, sludge use and disposal requirements, and any other Federal or State laws to which
the POTW is subject.
This ordinance shall apply to all users of the POTW. The ordinance authorizes the issuance of
wastewater discharge permits; provides for monitoring, compliance, and enforcement activities;
establishes administrative review procedures; requires user reporting; and provides for the setting
of fees for the equitable distribution of costs resulting from the program established herein.
14.16.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section. For terms in this chapter not defined in this section,
see Chapters 16.16, 16.20 and 18.40 ofthis code.
I. [NO CHANGE TO I AND 2]
3. "Authorized representative of industrial user" means anyone of the following:
a. If the industrial user is a corporation, authorized representative shall mean:
i. The president, secretary, treasurer, or a vice-president of the corporation in
charge of a principal business function, or any other person who performs
similar policy or decision-making functions for the corporation;
11. The manager of one or more manufacturing, production, or operation
facilities provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures to
assure long-term environmental compliance with environmental laws and
regulations; can ensure that the necessary systems are established or
actions taken to gather complete and accurate information for wastewater
discharge permit requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
b. If the industrial user is a partnership or sole proprietorship, an authorized
representative shall mean a general partner or proprietor, respectively.
c. If the industrial user is a federal, state or local governmental facility, an authorized
representative shall mean a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government facility,
or their designee.
d. [NO CHANGE IN d)
4. [NO CHANGE TO 4J
5. "Best Management Practices" or "BMPs" means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to implement the
prohibitions listed in 40 CFR 403.5(a)(I) and (b). BMPs include treatment requirements,
operating procedures, and practices to control plant site runoff, spillage or leaks, sludge
or waste disposal, or drainage from raw materials storage.
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6. Biochemical Oxygen Demand (BOD) means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for five (5)
days at 20 degrees centigrade, usually expressed as a concentration (e.g., mglL). The
BOD test measures the organic strength of wastewater. Methods for determining BOD
are described in "Standard Methods for the Examination of Water and Wastewater".
7. "Biohazardous waste" means any ofthe following:
a. Laboratory waste, including, but not limited to, all of the following:
i. Human or animal specimen cultures from medical and pathological
laboratories,
II. Cultures and stocks of infectious agents from research and industrial
laboratories,
Ill. Waste from the production of bacteria, viruses, or the used spores,
discarded live and attenuated vaccines, and culture dishes and devices
used to transfer, inoculate, and mix cultures;
b. [NO CHANGE IN b THROUGH f]
8. "Categorical industrial user" means an industrial user subject to a categorical
pretreatment standard or categorical standard.
9. "Categorical pretreatment standards" means any regulation containing pollutant discharge
limits promulgated by U.S. EPA in accordance with Sections 307(b) and (c) ofthe Act
(33 U.S.C. 1317) which apply to a specific category of industrial users and which appear
in 40 CFR 405 through 40 CFR 471.
10. [NO CHANGE TO 10]
II. "Clean Water Act" means the Federal Water Pollution Act of 1972 (Public Law 92-500,
33 U.S.C. section 1251 et seq.) and any amendments thereto, as well as any guidelines,
regulations, limitations, and standards promulgated by the United States Environmental
Protection Agency pursuant to the Act.
12. [NO CHANGE TO 12]
13. "Composite sample" means a time composite or flow proportional composite sample. A.
composite sample is a collection of individual samples obtained at regular intervals,
usually during a 24 hour time span.
14. [NO CHANGE TO 14]
IS. "Daily Maximum" means the arithmetic average of all effiuent samples for a pollutant
collected during a calendar day.
16. "Daily Maximum Limit" means the maximum allowable discharge limit of a pollutant
during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the
daily discharge is the total mass discharged over the course of the day. Where Daily
Maximum Limits are expressed in terms of a concentration, the daily discharge is the
arithmetic average measurement of the pollutant concentration derived from all
measurements taken that day.
17. "Director" means city manager of the city, or his designee.
18. [NO CHANGE IN 18 THROUGH 22]
23. "Flow proportional composite sampling" means a composite sampling as a collection of
individual samples obtained at regular intervals, usually every one or two hours during a
twenty-four hour (24 hr) time span. Each individual sample is combined with the others
in proportion to the rate of flows when the sample was collected. Equal volume
individual samples also may be collected at intervals after a specific volume of flow
passes the sampling point. The resulting mixture (composite sample) forms a
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representative sample and is analyzed to determine the average conditions during the
entire sampling period.
24. [NO CHANGE IN 24]
25. "Grab sample" means a sample that is taken from a wastestream without regard to the
flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.
26. [NO CHANGE IN 26 THROUGH 27]
28. "Hazardous substance" means any substance capable of creating imminent endangerment
to health of the environment, including, but not limited to, any substance designated
under the Clean Water Act, 33 USC, Section 1251, et seq., 40 CFR 302; and any
imminently hazardous chemical substance subject to regulation under the Toxic Mixtures
or Substances Control Act, 15 USC, Section 2601, et seq. In general, substances which
are toxic, explosive, corrosive, flammable, or irritants, or which generate pressure
through heat or decomposition, e.g., heavy metals, pesticides, strong acids or bases,
distillate fuels, oxidants, etc., are hazardous substances.
29. "Household equivalent" means both the basic quantitative unit of wastewater volume and
strength representing that wastewater generated by a typical single-family residence
connected to the sewer collection system during an average day, and the proportional
flow within the POTW system attributed to a single-family residence on an average day.
For the purpose of determining charges and fees for discharging into the POTW, the
household equivalent is mathematically defined by the following formula:
H.E.=
0.67(Flow GPO)
240
+
0.19CBOD lb/day) +
0.50
0.12(TSS Ib/dav) +
0.50
0.02(Oil and Grease Ib/dav)
0.35
According to this formula, a typical single-family residence produces per average day two
hundred forty gallons (240 gal) of wastewater containing one-half pound (0.5 lb) of biochemical
oxygen demand (BOD), one-half pound (O.5lb) of total suspended solids (TSS), and thirty-five
hundredths (0.35 Ib) of a pound of oil and grease where "oil and grease" is defined by those
procedures described in "standard methods."
30. [NO CHANGE IN 30]
31. "Indirect discharge" or "Discharge" means the introduction of pollutants into the POTW
from any non domes tic source.
32. [NO CHANGE IN 32 THROUGH 34]
35. "Instantaneous discharge limit" means the maximum concentration of a pollutant allowed
to be discharged at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the duration ofthe sampling
event.
36. "Interference" means a discharge which, alone or in conjunction with a discharge or
discharges from other sources, both:
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a. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge
processes, use, or disposal; and
b. Therefore is a cause ofa violation of any requirement of the city's NPDES
permits (including any increase in the magnitude or duration of a violation) or of
the prevention of sewage sludge use or disposal in compliance with the following
statutory provisions and regulations or permits issued thereunder (or more
stringent state or local regulations): Section 405 of the Clean Water Act (CW A),
the Solid Waste Disposal Act (SWDA) (including Title II, more commonly
referred to as the Resource Conservation and Recovery Act (RCRA), and
including state regulations contained in any state sludge management plan
prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic
Substances Control Act, and the Marine Protection, Research, and Sanctuaries
Act.
37. [NO CHANGE IN 37 THROUGH 38]
39. "Local Limits" means the specific discharge limits developed and enforced by the City
upon industrial or commercial facilities to implement the general and specific discharge
prohibitions listed in 40 CFR 403.5(a)(1) and (b).
40. [NO CHANGE IN 40 THROUGH 42]
43. "Medical waste generator" means any person whose act or process produces medical
waste and includes, but is not limited to, a provider of health care as defined in the State
of Cali fomi a Civil Code. All of the following are examples of businesses which generate
medical waste:
a. Medical and dental offices, clinics, hospitals, surgery centers, laboratories,
research laboratories, other health facilities;
b. Veterinary offices, clinics, and hospitals; and
c. Pet shops.
44. "Monthly Average" means the sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that month.
45. "Monthly Average Limit" means the highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that month.
46. "National pretreatment standard, pretreatment standard or standards" means any
regulation containing pollutant discharge limits promulgated by the EP A in accordance
with Sections 307(b) and (c) of the Act, which applies to industrial users. This term
includes prohibitive discharge limits and local limits established pursuant to Section
403.5.
47. [NO CHANGE TO 47]
48. "New source" means:
a. Any building, structure, facility or installation from which there is or may be a
discharge of pollutants where construction commenced after the publication of
proposed pretreatment standards under Section 307(c) of the Clean Water Act
applicable to such source, if such standards are thereafter promulgated in
accordance with that section; provided, that:
i. The building, structure, facility, or installation is constructed at a site at
which no other source is located, or
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11. The building, structure, facility, or installation totally replaces the process
or production equipment that causes the discharge of pollutants at an
existing source, or
111. The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent of an
existing source at the same site. In determining whether these are
substantially independent, factors such as the extent to which the new
facility is integrated with the existing plant, and the extent to which the
new facility engaged in the same general type of activity as the existing
source, should be considered;
b. [NO CHANGE IN b THROUGH c]
49. [NO CHANGE TO 49]
50. "Noncontact Cooling Water" means water used for cooling that does not come into direct
contact with any raw material, intermediate product, waste product, or finished product.
51. "Oil and grease (O&G)" means fatty or oily matter in general, especially fats and oils of
animal and vegetable origin, and hydrocarbons of petroleum origin. Methods for
determining Oil and Grease are described in "Standard Methods for the Examination of
Water and Wastewater".
52. [NO CHANGE TO 52]
53. "Person" means any individual, partnership, copartnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, society, or any other
legal entity; or their legal representatives, agents, or assigns. This definition includes all
Federal, State, and local governmental entities.
54. "pH" means the measure of hydrogen ion concentration. Mathematically, it is the
logarithm (base 10) of the reciprocal ofthe hydrogen ion activity. The pH range is from 0
to 14 where 0 is the most acidic, 14 is the most basic, and 7 is neutral. Methods for
determining pH are described in"Standard Methods for the Examination of Water and
Wastewater" .
55. "POTW"or "Publicly Owned Treatment Works" means publicly owned treatment works
of the city, including: the entire facilities for collecting, transporting, pumping, treating,
and disposing of domestic and industrial wastewaters, located within and outside the city
limits and either owned, operated, maintained, or controlled by the city.
56. [NO CHANGE TO 56]
57. "Pretreatment" means the reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or
in lieu of discharging or otherwise introducing such pollutants into a POTW. The
reduction or alteration may be obtained by physical, chemical or biological processes,
process changes or by other means, except by diluting the concentration of the pollutants
(as prohibited by 40 CFR 403.6 d) unless dilution is specifically allowed by an applicable
pretreatment standard. Appropriate pretreatment technology includes control equipment,
such as equalization tanks or facilities, for protection against surges or slug loadings that
might interfere with or otherwise be incompatible with the POTW. However, where
wastewater from a regulated process is mixed in an equalization facility with unregulated
wastewater or with wastewater from another regulated process, the effluent from the
equalization facility must meet an adjusted pretreatment standard (or limit) calculated in
accordance with the combined waste stream formula, 40 CFR 403.6(e).
58. [NO CHANGE TO 58 THROUGH 59]
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60. Prohibited Discharge Standards or Prohibited Discharges means absolute prohibitions
against the discharge of certain substances.
61. [NO CHANGE TO 61]
62. "Sampling and evaluation program" means the determination of mass emission or
concentration of constituents or other conditions specified in the industrial user's permit.
63. "Septic wastes" means wastes from holding tanks, vessels, chemical toilets, campers,
trailers, septic tanks or vacuum tank trucks.
64. [NO CHANGE TO 64 THROUGH 65]
66. "Sewer connection" or "Private sewer lateral" means a privately owned and maintained
conduit that conveys wastewater from a single premises to a public sewer.
67. [NO CHANGE TO 67]
68. "Significant industrial user (SIU)" except as provided in paragraphs c and d of this
section, means:
a. All industrial users subject to Categorical Pretreatment Standards, or
b. Any other industrial user that:
(I). Discharges an average of twenty-five thousand (25,000) gallons per day or
more of process wastewaters (excluding domestic wastewater, non contact
cooling water, and boiler blowdown wastewater), or
(2). Contributes a process waste stream which makes up five percent (5%) or
more of the average dry weather hydraulic or organic (BOD or SS)
capacity of a treatment plant, or
(3). Pretreats wastewater prior to discharge to the wastewater collection
system, or
(4). Has in his or her wastes toxic pollutants listed under Section 307 of the
Clean Water Act, or
(5). Has a reasonable potential, in the opinion of the director of municipal
utilities, to have a significant impact on the treatment system, either singly
or in combination with other dischargers to the system.
c. The city may determine that an industrial user subject to categorical pretreatment
standards is a Non-Significant Categorical Industrial User (NSCIU) rather than a
Significant Industrial User on a finding that the industrial user never discharges
more than 100 gallons per day (gpd) of total categorical wastewater (excluding
domestic, non-contact cooling and boiler blowdown wastewater, unless
specifically included in the pretreatment standard) and the following conditions
are met:
1. The industrial user, prior to the city's finding, has consistently complied
with all applicable categorical pretreatment standards and requirements;
ll. The industrial user annually submits the certification statement required in
40 CFR 403.12(q), together with any additional information necessary to
support the certification statement; and
lll. The industrial user never discharges any untreated concentrated
wastewater.
. d. Upon a finding that a user meeting the criteria in subsection b of this part has no
reasonable potential for adversely affecting the POTW's operation or for violating
any pretreatment standard or requirement, the city may at any time, on its own
initiative or in response to a petition received from an industrial user, and in
accordance with procedures in 40 CFR 403.8(f)(6), determine that such user
should not be considered a significant industrial user.
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69. "Significant Noncompliance" (SNC). An industrial user is in "significant noncompliance"
ifhis or her violations meet one or more ofthe following criteria:
a. Chronic violations of wastewater discharge limits defined here as those in which
sixty-six percent (66%) or more of all of the wastewater measurements taken during
a rolling six-month period exceed (by any magnitude) a numeric pretreatment
standard or requirement, including instantaneous limits.
b. Technical review criteria (TRC) violations, defined here as those in which thirty-
three percent (33%) or more of all the wastewater measurements for each
pollutant parameter taken during a rolling six-month period equals or exceeds the
product of the numeric pretreatment standard or requirement including
instantaneous limits multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS,
fats, oil, and grease, and 1.2 for all other pollutants except pH).
c. Any other violations of a pretreatment standard or requirement (daily maximum,
long-term average, instantaneous limit, or narrative standard) that the city
determines has caused, alone or in combination with other discharges, interference
or pass through, including endangering the health ofPOTW personnel or the
general public.
d. [NO CHANGE TO d]
e. Failure to meet, within ninety (90) days after the due date, a compliance schedule
milestone contained in a local control mechanism or enforcement order for
starting construction, completing construction, or attaining final compliance.
f. Failure to provide, within forty five (45) days after the due date, required reports
such as baseline monitoring reports, ninety-day (90) compliance reports, periodic
self-monitoring reports, and reports on compliance with compliance schedules.
g. [NO CHANGE TO g]
h. Any other violation(s), which may include a violation of Best Management
Practices, or group of violations which the city determines will adversely affect
the operation or implementation of the local pretreatment program.
70. [NO CHANGE TO 70]
71. "Slug discharge" means any discharge of a nomoutine, episodic nature, including, but not
limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable
potential to cause interference or pass through, or in any other way violate the POTW's
regulations, local limits or permit conditions. Slug discharge also means any discharge at
a flow rate or concentration, which could cause a violation of the prohibited discharge
standards in this ordinance.
72. [NO CHANGE TO 72 AND 73]
74. "Storm water" means any flow which occurs during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
75. "Suspended solids (SS)"or "Total Suspended Solids (TSS)" means the solids in
wastewater and sewage which are removable by filtering, as determined by procedures
specified in "Standard Methods for the Examination of Water and Wastewater".
76. [NO CHANGE TO 76 THROUGH 81]
82. "Wastewater constituents and characteristics" means the measurement of individual
chemical, physical, biological, and radiological parameters that define the quality and
strength of wastewater. Constituents and characteristics shall be measured as described in
"standard methods" unless expressly stated otherwise.
83. "Wastewater Treatment Plant" or "Treatment Plant" means that portion of the POTW
which is designed to provide treatment of municipal sewage and industrial waste.
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14.16.030 Abbreviations.
The following abbreviations shall have the designated meanings:
BMP - Best Management Practice
BMR - Baseline Monitoring Report
BOD - Biochemical oxygen demand
CAA - Clean Air Act
CFR - Code of Federal Regulations
CIU - Categorical Industrial User
COD - Chemical oxygen demand
CVRWQCB - Central Valley Regional Water Quality Control Board
CWA - Clean Water Act
DHS - California Department of Health Services
DO - Dissolved oxygen
EP A - Environmental Protection Agency
gpd - Gallons per day
gpm - Gallons per minute
IU - Industrial User
1- Liter
mg - Milligram
mg/l - Milligram per liter
NPDES - National Pollutant Discharge Elimination System
NSCIU - Non-Significant Categorical Industrial User
POTW - Publicly owned treatment works operated by the city
PSES - Pretreatment Standards for existing sources
PSNS - Pretreatment Standards for New Sources
RCRA - Resource Conservation and Recovery Act
IC - Standard industrial classification
SIU - Significant Industrial User
SNC - Significant Noncompliance
SWDA - Solid Waste Disposal Act
SWRCB - State Water Resources Control Board
SS - Suspended Solids
TOMP - Toxic Organic Management Plan
TSS - Total Suspended Solids
TTO - Total toxic organics
USC - United States Code.
14.16.100 Authority.
The city is regulated by several agencies of the United States government and the state of
California, pursuant to the provisions of federal and state law. These laws grant the city the
authority to regulate and/or prohibit, by the adoption of regulations and/or by the issuance of
discharge permits, the discharge of any waste, directly or indirectly, to the city's POTW. Said
authority includes the right to establish limits, conditions, prohibitions, and Best Management
Practices; establish flow rate limitations or prohibit flows discharged to the city's POTW; require
the development of compliance schedules for the installation and maintenance of equipment
systems and materials by all users; and take all actions necessary to enforce its authority, whether
within or outside the city's boundaries.
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14.16.105 Delegation of authority.
A. [NO CHANGE TO SUBSECTION A]
B. The city has the authority to:
I. Randomly sample and analyze the effluent from industrial users and conduct surveillance
activities in order to identifY, independent of information supplied by industrial user's,
occasional and continuing noncompliance with pretreatment requirements, or standards;
2. Inspect and sample effluent from each industrial user at least once a year;
3. Evaluate, periodically, whether each such industrial user needs a plan to control slug
discharges.
The results of such activities shall be available to the approval authority upon request.
C. [NO CHANGE TO SUBSECTION C]
Section 2. Title 14, Chapter 14.16 is hereby amended by adding Section 14.16.125 to
read as follows:
14.16.125 Multijurisdictional agreements
A. If another jurisdiction, or user located within another jurisdiction; contributes wastewater to
the POTW, the city shall enter into a multijurisdictional agreement with the contributing
jurisdiction
8. Prior to entering into a multijurisdictional agreement above, the city may request the
following information from the contributing jurisdiction:
I. A description of the quality and volume of wastewater discharged to the POTW
by the contributing jurisdiction;
2. An inventory of all industrial users located within the contributing jurisdiction
that are discharging to the POTW; and
3. Such other information as the city may deem necessary.
C. A multijurisdictional agreement shall contain the following conditions:
I. A requirement for the contributing jurisdiction to adopt a sewer use ordinance
which is at least as stringent as this ordinance. The requirement shall specifY that
such ordinance and limits must be revised as necessary to reflect changes made to
the city's ordinance or local limits;
2. A requirement for the contributing jurisdiction to submit a revised industrial user
inventory at the request of the city;
3. A provision specifYing which pretreatment implementation activities, including
wastewater discharge permit issuance, inspection and sampling, and enforcement,
will be conducted by the contributing jurisdiction; which of these activities will be
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conducted by the city; and which ofthese activities will be conducted jointly by
the contributing jurisdiction and the city;
D. A multijurisdictiona1 agreement may also contain the following conditions:
1. A requirement for the contributing jurisdiction to provide the city with access to
all information that the contributing jurisdiction obtains as part of its pretreatment
activities;
2. Limits on the nature, quality, and volume of the contributing jurisdiction's
wastewater at the point where it discharges to the POTW;
3. Requirements for monitoring the contributing jurisdiction's discharge;
4. A provision ensuring the city access to the facilities of industrial users located
within the contributing jurisdiction's boundaries for the purpose of inspection,
sampling, and any other duties deemed necessary by the city; and
5. A provision specifying remedies available for breach of the terms of the
mu1tijurisdictional agreement.
Section 3. Title 14, Chapter 14.16, Sections 14.16.140, 14.16.175, 14.16.190,
14.16.195, 14.16.240, 14.16.245, 14.16.246, 14.16.300 and 14.16.400 are hereby amended to
read as follows:
14.16.140 City's right of revision.
The city reserves the right to establish, by ordinance or in wastewater discharge permits, more
stringent standards or requirements on discharges to the POTW if deemed necessary to comply
with the objectives presented in Section 14.16.100 of this chapter or the prohibitions in Section
14.16.582. of this chapter.
14.16.175 Appeal.
If the discharger or applicant for a permit is dissatisfied with the determination made by the city
manager under this chapter, within fourteen (14) days after receipt of said ruling he may appeal
to the city council by giving written notice of the basis of his appeal. However, national
categorical pretreatment standards cannot be disputed and can never be waived. The city council
shall, within thirty (30) days after receipt of the written notice of appeal, upon proper notice, hold
a hearing to make a final determination of the issue or issues submitted. Hearings before the city
council shall not be bound by formal rules of evidence; however, in no event shall a decision be
based solely on hearsay evidence. Either party may be, but need not be, represented by an
attorney. Upon request by either party, written findings of fact and conclusions of law will be
prepared, provided the request is made prior to commencement of the hearing.
The following shall apply to any person, including the industrial user, petitioning the city to
reconsider the terms of a wastewater discharge permit:
A. [NO CHANGE TO SUBSECTIONS A THROUGH Dj
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14.16.190 Upset.
A.[NO CHANGE TO A]
B. [NO CHANGE TO B]
C. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence, that:
I. An upset occurred and the industrial user can identify the cause( s) of the upset;
2. The facility or premises was at the time being operated in a prudent and workmanlike manner
and in compliance with applicable operation and maintenance procedures;
3. The industrial user has submitted the following information to the city within twenty-four
hours (24 hr) of becoming aware of the upset (if this information is provided orally, a written
submission must be provided within five (5) days):
a. A description of the indirect discharge and cause of noncompliance,
b. The period of noncompliance, including exact dates and times or, ifnot corrected, the
anticipated time the noncompliance is expected to continue, and
c. The steps being taken and/or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance.
D. [NO CHANGE TO SUBSECTIONS D THROUGH F]
14.16.195 Bypass.
A. [NO CHANGE TO SUBSECTIONS A OR B]
C. I. If an industrial user knows in advance of the need for a bypass, he or she shall submit prior
notice to the city, at least ten (10) days before the date of the bypass if possible.
2. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable
pretreatment requirements to the city within twenty-four hours (24 hr) from the time he or she
becomes aware of the bypass. A written submission shall also be provided within five (5) days of
the time the industrial user becomes aware of the bypass. The written submission shall contain:
a. A description of the bypass and its cause;
b. The duration of the bypass, including exact dates and times; and, if the bypass has not been
corrected, the anticipated time it is expected to continue; and
c. The steps taken or planned to reduce, eliminate, and prevent reoccurrence ofthe bypass.
The city may waive the written report on a case-by-case basis if the oral report has been received
within twenty-four hours (24 hr).
D. [NO CHANGE TO SUBSECTION D]
14.16.240 Sewer service charges.
A. [NO CHANGE TO SUBSECTION A]
B. The following classes of users shall be established:
1. Class 1. Residential Users.
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a. Single-family dwellings shall be assessed at the rate of one household equivalent per dwelling
unit.
b. Multiple-family dwellings, including apartments, condominiums, residence hotels, duplexes,
second living units on a single-family parcel and mobile home parks shall be assessed at the rate
of seventy-four percent (74%) of one household equivalent for each dwelling unit.
2. Class II. Users that discharge a wastewater similar in strength to that of domestic wastewater.
a. Users that discharge essentially all water used as measured by a water meter installed by the
city shall be assessed a fee per hundred cubic feet of water used.
b. Users that discharge only a portion ofthe volume of water used as measured by a water meter
installed by the city shall be evaluated at the discretion of the city manager or at the request of the
user, and an equitable charge shall be assessed. The charge may consist of:
i. A household equivalent value averaged over the entire year, or
ii. A yearly constant charge based on the volume of water used during each of certain months of
the year. Users in this class may include those that (a) use a significant volume of water for
irrigation or evaporative cooling; (b) use a significant volume of water in product processing,
manufacturing, or storage that is not discharged to a public sewer; (c) have a highly seasonal
discharge, including ovemight campers and trailer parks and transient mobile housing units such
as hotels and motels; or (d) consist of more than one user on a single water service. If there
develops a disagreement with regard to the charge to multiple users on a single water service, the
city manager may either require individual meters to be installed or require all wastewater billing
for this multiple user water system to be applied to the single master water meter account.
3. [NO CHANGE TO B.3 OR BA]
14.16.245 Obligation to pay sewer service fees.
The responsibility party paying for a water service connection at any given premise, except where
a premise has a shared water service connection serving a mixed use of commercial and
residential/multifamily tenants, shall also be the responsible party for monthly sewer service
charges of the same premise at the applicable rate for the sewer service provided. In all cases
where water is supplied to several commercial tenants from one water connection or tap, the city
contracts only with the owner of the property or his authorized agents as the responsible party for
monthly sewer service charges of the same premise at the applicable rate for the sewer service
provided.
While any premises connected to the wastewater collection system shall be vacant, the regular
minimum sewer service charge shall be payable for the premises by the owner thereof, whether
or not sewer service is used, if water is connected to or available for use on the premises.
14.16.246 Obligation to pay sewer service and related fees for service outside the city limits.
The primary responsibility for payment of all sewer service and related fees and charges
authorized by this chapter for services outside of the city shall be with the property owner. When
water service to properties outside the city limits is provided by an outside water district, the
property owner of the premise will receive monthly sewer service billing until such time as a
tenant establishes a sewer billing account at the City's customer service department. The
responsibility for payment of all sewer service and related fees and charges will be reassigned to
the property owner whenever a tenant terminates their monthly sewer service account with the
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city. The minimum sewer service fee shall be due and payable in the amount established
pursuant to Section 14.16.240 and other applicable provisions of this chapter regardless of
whether or not the premise which is connected to the sewer collection system is vacant.
14.16.300 Connection required.
The owner of any premises within the limits ofthe city, which has a public sewer located within
two hundred feet (200 ft) of the nearest exterior boundary of the premises measured along
publicly owned right-of-way or sewer easement, shall not install, replace, upgrade, expand, or
repair any septic tank or waste disposal leach field thereon nor use any means of disposing of
domestic wastewater or industrial waste other than through a sewer connection to a public sewer.
The owner shall be required to connect the premises with available public sewer pursuant to and
within the time limits specified in this chapter, and to pay in advance all sewer connection
charges.
14.16.400 Special requirements for industrial users.
All significant industrial users connected to or proposing to connect to the wastewater collection
system shall obtain a permit from the city manager as a condition to be connected to and to
discharge into the wastewater collection system. Non-significant industrial users connected to or
proposing to connect to the wastewater collection system may be required to obtain a permit
from the city manager as a condition to be connected to and to discharge into the wastewater
collection system, as determined by the city manager. An existing industrial user shall obtain the
permit within ninety (90) days after receipt of notice from the city manager that his or her
discharge qualifies him or her as either an industrial user or a significant industrial user or
provide evidence satisfactory to the city manager that his or her discharge does not bring him or
her within these definitions. New industrial users shall obtain the permit required in this section
prior to connecting and discharging into the sewer collection system.
Section 4. Title 14, Chapter 14.16 is amended by Renaming and amending
Sections 14.16.400A, 14.16.400B, 14.16.400C, 14.16.400D, 14.16.400E and 14. I 6.400F to
14.16.402, 14.16.403, 14.16.404, 14.16.405 and 14.16.406 respectively as follows:
14.16.401 Permit application.
Industrial users seeking a wastewater discharge permit shall complete an application in the form
prescribed by the city.
The applicant may be required to submit some or all of the following information:
1. [NO CHANGE TO 1 THROUGH 4]
5. Wastewater constituents and characteristics to be determined by an independent laboratory
approved by the city, including BOD, total suspended solids, pH, and any other constituents and
characteristics as directed by the city manager. Instantaneous, daily maximum, and long-term
average concentrations, or mass, where required, shall be reported. Sampling shall be performed
in accordance with procedures set out in this ordinance. Sample( s) shall be representative of
daily operations;
6. [NO CHANGE TO 6 THROUGH 11]
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12. Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a
pollutant neither present nor expected to be present in the discharge based on 40 CFR
403.l2(e)(2).
13. The location for monitoring all wastes covered by the permit;
14. Any other information as may be deemed by the city manager to be necessary to evaluate the
permit application.
14.16.402 Permit issuance.
Wastewater discharge permits shall include such conditions as are deemed reasonably necessary
by the city to prevent pass through or interference, protect the quality of the water body receiving
the treatment plant(s) effluent, protect worker health and safety, facilitate sludge management
and disposal, and protect against damage to the POTW.
A. Wastewater discharge permits are enforceable and contain, at a minimum, the
following conditions:
1. Statement of permit duration (in no case more than five (5) years), issuance date,
expiration date, and effective date;
2. Statement of non-transferability without, at a minimum, prior notification to the
city and provision of a copy of the existing control mechanism to the new owner
or operator;
3. Effluent limits, including Best Management Practices, based on applicable general
pretreatment standards in 40 CFR part 403, categorical pretreatment standards,
local limits, and state and local laws;
4. Self-monitoring, sampling, reporting, notification, and record-keeping
requirements, including an identification of pollutants (or best management
practice) to be monitored, sampling location, sampling frequency, and sample
type, based on applicable general pretreatment standards in 40 CFR part 403,
categorical pretreatment standards, local limits, and state and local law;
5. The process for seeking a waiver from monitoring for a pollutant neither present
nor expected to be present in the discharge.
6. Statement of applicable civil and criminal penalties for violation of pretreatment
requirements, and any applicable compliance schedule. Such schedules may not
extend the compliance date beyond applicable Federal, State, or local law.
7. Requirements to control Slug Discharge, if determined by the city to be necessary;
8. Any grant of the monitoring waiver by the city must be included as a condition in
the user's permit.
B. Wastewater discharge permits may contain, but need not be limited to, the following
conditions:
1. Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization;
2. Requirements for the installation of pretreatment technology, pollution control, or
construction of appropriate containment devices, designed to reduce, eliminate, or
prevent the introduction of pollutants into the treatment works;
3. Requirements for the development and implementation of spill control plans or
other special conditions including management practices necessary to adequately
prevent accidental, unanticipated, or non-routine discharges;
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4. Development and implementation of waste minimization plans to reduce the
amount of pollutants discharged to the POTW;
5. The unit charge or schedule of user charges and fees for the management of the
wastewater discharged to the POTW;
6. Requirements for installation and maintenance of inspection and sampling
facilities and equipment, including flow measurement devices;
7. A statement that compliance with the wastewater discharge permit does not
relieve the permittee of responsibility for compliance with all applicable Federal
and State pretreatment standards, including those which become effective during
the term of the wastewater discharge permit; and
8. Other conditions as deemed appropriate by the city to ensure compliance with this
ordinance, and State and Federal laws, rules, and regulations.
14.16.403 Certification requirement.
A. All wastewater discharge permit applications, user reports and certification statements must
be signed by an Authorized Representative of the user and contain the following certification
statement:
"I certify under penalty oflaw that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons directly responsible for gathering said information, the information submitted is, to the
best of my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
8. The certification shall be signed by an authorized representative of the industrial user.
C. If the designation of an Authorized Representative is no longer accurate because a different
individual or position has responsibility for the overall operation of the facility or overall
responsibility for environmental matters for the company, a new written authorization satisfying
the requirements of this Section must be submitted to the city prior to or together with any
reports to be signed by an Authorized Representative.
D. Annual Certification for Non-Significant Categorical Industrial Users-A facility
determined to be a non-significant categorical industrial user by the city pursuant to 40 CFR
403.3(v)(2) must annually submit the following certification statement signed in accordance with
the signatory requirements of an "Authorized Representative" as defined in this code. This
certification must accompany an alternative report required by the city:
Based on my inquiry of the person or persons directly responsible for managing compliance
with the categorical pretreatment standards under 40 CFR _' I certify that, to the best of
my knowledge and beliefthat during the period from to
[months, days, year]:
(a) The facility described as [facility name] met the definition of
a non-significant categorical industrial user as described in Redding Municipal Code
Section 14.16 and 40 CFR 403.3(v)(2).
(b) The facility complied with all applicable pretreatment standards and requirements
during this reporting period; and
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(c) the facility never discharged more than 100 gallons of total categorical wastewater on
any given day during this reporting period.
This compliance certification is based on the following information.
E. Certification of Pollutants Not Present
Users that have an approved monitoring waiver must certify on each report with the following
statement that there has been no increase in the pollutant in its wastestream due to activities of
the user. [40 CFR 403. 1 2(e)(2)(v)]
Based on my inquiry of the person or persons directly responsible for managing
compliance with the pretreatment standard for 40 CFR [specify applicable
National pretreatment standard partes)], I certify that, to the best of my knowledge and
belief, there has been no increase in the level of [list pollutant(s)] in the
wastewaters due to the activities at the facility since filing of the last periodic report.
14.16.404 Duration of permits.
Permits shall be issued for a specified time period, not to exceed five (5) years. Ifthe owner of
the permit is not notified by the city thirty (30) days prior to expiration ofthe permit, the permit
shall be automatically extended for one additional year. The terms and conditions of the permit
may be subject to modification and change by the city during the life of the permit in the event
more stringent standards of pollution control or other more restrictive requirements are imposed
on the city by federal or state law. The owner shall be informed of any proposed changes in his or
her permit at least sixty days (60) prior to the effective date of such change, and any change or
new compliance condition imposed upon the owner shall include provision for a reasonable time
schedule for the owner's compliance.
14.16.405 Nontransferability of permits.
Wastewater discharge permits are not transferable, either by operation oflaw or otherwise.
Wastewater discharge permits shall not be assigned, transferred, or sold. Changes of ownership,
size, or number of premises or operation shall require the owner to apply for a new wastewater
discharge permit.
14.16.406 Revocation of permit.
Any industrial user who violates any term or condition of his or her permit or of this chapter, or
any applicable federal or state regulation, is subject to having his or her permit revoked. If a
wastewater discharge permit is revoked, the owner thereof shall not discharge into the
wastewater collection system until a new permit is obtained.
Wastewater discharge permits shall be voided upon cessation of operations or transfer of
business ownership. All permits issued to a user are void upon the issuance of a new wastewater
discharge permit to that user.
Examples of reasons/causes for permit revocation:
1. [NO CHANGE TO 1 THROUGH 8]
9. Failure to pay fines;
10. Failure to meet compliance schedules; or
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II. Violation of any pretreatment standard or requirement, or any terms of the wastewater
discharge permit or this ordinance.
Section 5. Title 14, Chapter 14.16 is amended by repealing Section 14.16.400G.
Section 6. Title 14, Chapter 14.16 is amended by amending Section 14.16.420 and
14.16.430 to read as follows:
14.16.420 Wastewater discharge permit modification.
The city manager may modify a wastewater discharge permit for good cause, including, but not
limited to, the following:
A. [NO CHANGE TO A THROUGH H]
14.16.430 Wastewater discharge permit re-issuance.
An industrial user shall apply for wastewater discharge permit re-issuance by submitting a
complete wastewater discharge permit application in accordance with Sections 14.16.400 and
14.16.401 a minimum of ninety (90) days prior to the expiration of the industrial user's existing
wastewater discharge permit.
Section 7. Title 14, Chapter 14.16 is amended by adding Sections 14.16.431,
14.16.432, 14.16.433, 14.16.434, 14.16.435 and Section 14.16.445 to read as follows:
14.16.431 Report submittal date
Written reports will be deemed to have been submitted on the date postmarked. For reports
which are not mailed, the date of receipt of the report shall govern.
14.16.432 Baseline monitoring report
A. Within one hundred eighty (180) days after the effective date of categorical pretreatment
standards, or one hundred eighty (180) days after the final administrative decision made upon a
category determination submission under 40 CFR 403.6(a)(4), whichever is later, existing
categorical industrial users currently discharging to or scheduled to discharge to the POTW shall
be required to submit to the city a baseline monitoring report which contains the information
listed in 40 CFR 403.12(b )(1)-(7). Where reports containing this information already have been
submitted in the industrial user will not be required to submit this information again.
8. At least ninety (90) days prior to commencement of discharge, new sources, and sources that
become categorical industrial users subsequent to the promulgation of an applicable categorical
pretreatment standard, shall submit to the city a baseline monitoring report which contains the
information listed in 40 CFR 403.12(b)(1)-(7). New sources shall also report information on the
method of pretreatment the source intends to use to meet applicable categorical pretreatment
requirements. New sources shall give estimates of its anticipated flow and quantity of pollutants
to be discharged.
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14.16.433 Compliance schedule for meeting categorical pretreatment standards
The city may require (a) the development of a compliance schedule by each industrial user for the
installation of technology required to meet applicable categorical pretreatment standards; and (b)
the submission of all notices and self-monitoring reports from industrial users as are necessary to
assess and assure compliance by industrial users with categorical pretreatment standards,
including but not limited to the reports required in 40 CFR.
A. [NO CHANGE TO A]
B. No increment referred to in section A above shall exceed nine (9) months.
c. Not later than fourteen (14) days following each date in the schedule and the final date for
compliance, the industrial user shall submit a progress report to the city, including at a minimum
whether or not he or she complied with the increment of progress to be met on such date and, if
not, the date on which he or she expects to comply with this increment of progress, the reason for
delay, and the steps being taken by the industrial user to return the construction to the schedule
established. In no event shall more than nine (9) months elapse between such progress reports to
the city.
14.16.434 Report on compliance with categorical pretreatment standard deadline
Within ninety (90) days following the date for final compliance with applicable categorical
pretreatment standards, or in the case of a new source following commencement of the
introduction of wastewater into the POTW, any industrial user subject to categorical pretreatment
standards shall submit to the city a report containing the information in 40 CFR 403.l2(b)(4)-(6).
For industrial users subject to equivalent mass or concentration limits established by the city in
accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable
measure of the industrial user's long term production rate. For all other industrial users subject to
categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of
production (or other measure of operation), this report shall include the industrial user's actual
production during the appropriate sampling period.
14.16.435 Periodic reports on continued compliance
A. All significant industrial users, except as specified in section 14.16.435 D or E (below), shall
submit at a frequency determined by the city but no less than twice per year (during the months
of June and December or other dates specified) reports indicating the nature and concentration of
pollutants in the discharge which are limited by pretreatment standards. In addition, this report
shall include a record of measured or estimated average and maximum daily flows for the
reporting period.
B. In cases where the pretreatment standard requires compliance with a best management
practice (BMP) or pollution prevention alternative, the user must submit documentation required
by the city or the Pretreatment Standard necessary to determine the compliance status of the user.
C. The city may authorize a categorical industrial user to forego sampling of a pollutant regulated
by a categorical pretreatment standard if the industrial user has demonstrated through sampling
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and other technical factors that the pollutant is neither present nor expected to be present in the
discharge, or is present only at background levels from intake water and without any increase in
the pollutant due to activities of the industrial user per. 40 CFR 403 .12( e )(2). This authorization
is subject to the following conditions:
I. The waiver may be authorized where a pollutant is determined to be present solely due to
sanitary wastewater discharged from the facility provided that the sanitary wastewater is not
regulated by an applicable categorical standard and otherwise includes no process
wastewater.
2. The monitoring waiver is valid only for the duration of the effective period of the
individual wastewater discharge permit, but in no case longer than 5 years. The user must
submit a new request for the waiver before the waiver can be granted for each subsequent
individual wastewater discharge permit.
3. In making a demonstration that a pollutant is not present, the industrial user must provide
data from at least one sampling of the facility's process wastewater prior to any treatment
present at the facility that is representative of all wastewater from all processes.
4. The request for a monitoring waiver must be signed and include the certification
statement in accordance with RMC 14.16.403.
5. Non-detectable sample results may be used only as a demonstration that a pollutant is not
present if the EP A approved method from 40 CFR Part 136 with the lowest minimum
detection level for that pollutant was used in the analysis.
6. Any grant of the monitoring waiver by the city must be included as a condition in the
user's permit. The reasons supporting the waiver and any information submitted by the user
in its request for the waiver must be maintained by the city for 3 years after expiration of
the waiver.
7. Upon approval of the monitoring waiver and revision ofthe user's permit by the city, the
industrial user must certifY on each report with the statement in RMC 14.16.403, that there
has been no increase in the pollutant in its wastestream due to activities of the industrial
user.
8. In the event that a waived pollutant is found to be present or is expected to be present
because of changes that occur in the user's operations, the user must immediately comply
with the monitoring requirements imposed by the city, and notifY the city.
9. This provision does not supersede certification processes and requirements established in
categorical pretreatment standards, except as otherwise specified in the categorical
pretreatment standard.
D. The city may reduce the requirement for periodic compliance reports for categorical industrial
users [40 CFR 403.12(e)(I))] to no less frequently than once a year, unless required more
frequently in the pretreatment standard or by the EP NState.
Reduced reporting is not available to industrial users that have in the last two (2) years been in
significant noncompliance, as defined in this ordinance. In addition, reduced reporting is not
available to an industrial user with daily flow rates, production levels, or pollutant levels that
vary so significantly that, in the opinion of the city, decreasing the reporting requirement for this
industrial user would result in data that are not representative of conditions occurring during the
reporting period.
The city may reduce the periodic compliance reports where the categorical industrial user's total
categorical wastewater flow does not exceed any of the following:
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I. Five thousand (5,000) gallons per day, or 0.01 percent of the POTW's design dry-
weather hydraulic capacity, whichever is smaller, as measured by a continuous effiuent
flow monitoring device (unless the industrial user discharges in batches); or
2.0.01 percent of the POTW's design dry-weather organic treatment capacity; or
3. 0.01 percent of the POTW's maximum allowable headworks loading for any pollutant
regulated by the applicable categorical pretreatment standard for which approved local
limits were developed. [Note: For example, if the POTW's maximum allowable
headworks loading for copper is 5 pounds, then 0.01 percent would be 0.0005 pounds; the
POTW would need to do this calculation for each pollutant for which it has approved local
limits.]
E. Sampling and analysis may be performed by the city in lieu of the significant industrial user.
Where the city itself collects all the information required for the report, the significant industrial
user will not be required to submit the report.
F. All periodic compliance reports must be signed and certified in accordance with this
ordinance, section 14.16.403.
G. All wastewater samples must be representative of the user's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a user to keep its monitoring
facility in good working order shall not be grounds for the user to claim that sample results are
unrepresentative of its discharge.
H. If a user subject to the reporting requirement in this section monitors any regulated pollutant
at the appropriate sampling location more frequently than required by the city, the results of this
monitoring shall be included in the report.
I. Users that send electronic (digital) documents to the city to satisfY the requirements of this
Section must include the certification statement in this ordinance, section 14.16.403.
J. Where the city has imposed mass limitations on categorical industrial users as provided for by
40 CFR 403.6(c), the report required shall indicate the mass of pollutants regulated by categorical
pretreatment standards in the discharge from the industrial user.
K. For categorical industrial users subject to equivalent mass or concentration limits established
by the city in accordance with the procedures in 40 CFR 403.6(c), the report required, shall
contain a reasonable measure of the industrial user's long-term production rate. For all other
industrial users subject to categorical pretreatment standards expressed only in terms of
allowable pollutant discharge per unit of production (or other measure of operation), the report
required, shall include the industrial user's actual average production rate for the reporting
period.
14.16.445 Recordkeeping requirements
Any industrial user of the POTW subject to the reporting requirements established in this section
shall be required to retain for a minimum of three years any records of monitoring activities and
results (whether or not such monitoring activities are required by this section), and
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documentation associated with Best Management Practices, and shall make such records
available for inspection and copying by the city manager and the regional administrator. This
period of retention shall be extended during the course of any unresolved litigation regarding the
industrial user or city or when requested by the city manager or the regional administrator.
Section 8. Title 14, Chapter 14.16 is amended by amending Sections 14.16.450,
14.16.460 and Section 14.16.470 to read as follows:
14.16.450 Notice of violation-repeat sampling and reporting
If sampling performed by an industrial user indicates a violation, the industrial user must notifY
the city manager within twenty-four hours (24 hr) of becoming aware of the violation. The
industrial user shall also repeat the sampling and analysis and submit the results of the repeat
analysis to the city manager within thirty (30) days after becoming aware of the violation. The
industrial user is not required to resample ifthe city performs monitoring at the industrial user's
facility at least once a month, or ifthe city performs sampling between the industrial user's initial
sampling and when the industrial user receives the results of this sampling, or ifthe city has
performed the sampling and analysis in lieu of the industrial user. If the city performed the
sampling and analysis in lieu of the industrial user, the city will perform the repeat sampling and
analysis unless it notifies the user of the violation and requires the user to perform the repeat
sampling and analysis [40 CFR 403 .12(g)(2)].
14.16.460 Determination of noncompliance
The city manager may use grab sample( s) to determine noncompliance with pretreatment
requirements.
14.16.470 Publication of industrial users in significant noncompliance
The city shall publish annually, in a newspaper of general circulation that provides meaningful
public notice within the jurisdictions served by the POTW, a list of the industrial users which,
during the previous twelve (12) months, were in significant noncompliance with applicable
pretreatment requirements or national pretreatment standards.
Section 9. Title 14, Chapter 14.16 is amended by adding Section 14.16.490 to read as
follows:
14.16.490 National categorical pretreatment standards
Users must comply with the categorical pretreatment standards found at 40 CFR 405 through 40
CFR 471.
A. Where a categorical pretreatment standard is expressed only in terms of either the mass or
the concentration of a pollutant in wastewater, the city may impose equivalent
concentration or mass limits in accordance with 40 CFR 403.6(c).
B. When the limits in a categorical pretreatment standard are expressed only in terms of
mass of pollutant per unit of production, the city may convert the limits to equivalent
limitations expressed either as mass of pollutant discharged per day or effluent
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concentration for purposes of calculating effluent limitations applicable to individual
industrial users.
C. When wastewater subject to a categorical pretreatment standard is mixed with wastewater
not regulated by the same standard, the city shall impose an alternate limit in accordance
with 40 CFR 403.6(e).
D. Once included in its permit, the industrial user must comply with the equivalent
limitations developed in this section, in lieu of the promulgated categorical standards
from which the equivalent limitations were derived.
E. Many categorical pretreatment standards specify one limit for calculating maximum daily
discharge limitations and a second limit for calculating maximum Monthly Average, or 4-
day average, limitations. Where such standards are being applied, the same production or
flow figure shall be used in calculating both the average and the maximum equivalent
limitation.
F. Any industrial user operating under a permit incorporating equivalent mass or
concentration limits calculated from a production-based standard shall notify the city
within two (2) business days after the user has a reasonable basis to know that the
production level will significantly change within the next calendar month. Any user not
notifying the city of such anticipated change will be required to meet the mass or
concentration limits in its permit that were based on the original estimate of the long term
average production rate.
Section 10. Title 14, Chapter 14.16 is amended by amending Sections 14.16.504,
14.16.506,14.16.508,14.16.536,14.16.540, 14.16.550, 14.16.560, 14.16.562, 14.16.570,
14.16.575, 14.16.582, 14.16.584, 14.16.588, 14.16.600, 14.16.620, 14.16.650, 14.16.670,
14.16.690,14.16.700,14.16.710 and Section 14.16.720 to read as follows:
14.16.504 Additional pretreatment measures
A. [NO CHANGE TO SUBSECTIONS A THROUGH C]
D. At no time shall readings of an explosion hazard meter at the point of discharge into the
POTW, or at any point in the POTW, be more than ten percent (10%) of the lower explosive
limit (LEL) of the meter.
14.16.506 Monitoring facilities
The city may require an industrial user to construct, at his or her own expense, monitoring
facilities to allow inspection, sampling, and flow measurements of the premises, sewer, or
internal drainage systems; and may also require sampling, metering equipment, or flow
measurement devices to be provided, installed, and operated at the owner's expense. Such
monitoring facilities shall be situated on the owner's premises.
Monitoring facilities shall include accommodations to allow access by city personnel, such as a
cover secured with a city-owned lock. There shall be adequate room in or near the monitoring
facilities to permit accurate sampling, flow measuring, and compo sting of samples for analysis.
The monitoring facilities and procedures and the equipment therefor shall be provided and
maintained at all times in a safe and proper operating condition, and at the expense of the
industrial user or applicant.
Monitoring facilities shall be constructed in accordance with uniform standards and
specifications provided by the city. For existing industrial users, construction thereof shall be
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completed within one hundred twenty (120) days following written notification of the above
requirements by the city. For new industrial users, construction thereof shall be completed prior
to sewer discharge.
14.16.508 Flow measurement
All industrial users who discharge twenty-five thousand gallons per day (25,000 gal/day) or more
of industrial wastewater shall install a continuous monitoring flow meter capable of measuring
the industrial user's discharge to the POTW. The flow measurement device shall conform to
standards issued by the city manager and be maintained as per the industrial user's permit.
14.16.536 Gravity separation interceptor maintenance
A. Any person who owns, operates, or maintains a gravity separation interceptor shall maintain it
properly. It shall be cleaned as often as is necessary to ensure that sediment and floating materials
do not accumulate to impair the efficiency of the gravity separation interceptor. The use of
emulsifiers, bacterial additives, or other chemical agents to dissolve grease is specifically
prohibited. When a gravity separation interceptor is cleaned, the sidewalls shall be scraped and
hosed down, while all the solids and liquids contained are removed. All wastes removed from
any gravity separation interceptor shall be legally disposed of other than to the sewer. The city of
Redding specifically prohibits the following gravity separation interceptor practices: (I) pumping
to remove only accumulated sediments or floating materials; (2) pumping operations which
specifically separate floating or sediment interceptor solid wastes from wastewater and then
return or decant the separated wastewater back into the gravity separation interceptor; and (3)
transporting any hauled pollutants from another location for discharge into a gravity separation
interceptor. A gravity separation interceptor is not considered to be properly maintained if for any
reason it is not in good working condition with all internal required plumbing of proper design
and length in place, or if the operational fluid capacity has been reduced by more than twenty-
five percent (25%) by the accumulation of floating and settled solids, oils, and greases. The
owner of any premises required to install a gravity separation interceptor; the lessee and
sublessee, if there be such; and any proprietor, operator, or superintendent of such facility are
individually and severally liable for any failure of proper maintenance of such gravity separation
interceptor.
B. [NO CHANGE TO SUBSECTION B]
14.16.540 Food preparation facilities
A. [NO CHANGE TO SUBSECTION A]
B. Any person who operates, owns, or maintains a food preparation facility shall cause all food
preparation wastes from floor drains, floor sinks, sinks, waste containers, wash racks,
dishwashers, and garbage grinders to be directed through a minimum of five hundred (500)
gallon gravity separation interceptor, unless otherwise approved by the Industrial Waste Division,
and shall keep all domestic wastewaters from restrooms, showers and drinking fountains separate
from the restaurant wastewater until the restaurant wastewaters have passed through all necessary
pretreatment equipment devices, or monitoring stations. Condensate (i.e., air conditioning) and
ice melt shall be connected to the gravity separation interceptor at the discretion of the public
works director. Sizing of gravity separation interceptors shall be determined as described in the
Uniform Plumbing Code, as adopted by the city, or as otherwise approved by the Industrial
Waste Division.
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14.16.550 Right of entry for inspection
A. The officers, employees, and inspectors ofthe city shall have the authority to enter any
premises for the purpose of investigating the existence of suspected or reported violations ofthis
chapter which constitute an imminent and substantial danger to human life or an imminent and
substantial hazard to public safety or health.
B. Except in emergency situations, the officers, employees, and inspectors of the city shall not
enter any premises without the consent of the owner or occupant thereof, unless such officer or
inspector possesses a search warrant authorizing entry and search of the premises.
C. No person shall hinder or prevent an officer, employee, or inspector of the city, while in the
performance of the duties prescribed in this section, from entering upon and into any and all
areas where chemicals and raw materials are stored and records are kept on the premises under
his jurisdiction, at all reasonable hours, for the purpose of inspecting them to determine whether
or not the industrial user is in compliance with the provisions of this chapter and all other
applicable laws or ordinances pertaining to the protection of persons or property.
o. [NO CHANGE TO SUBSECTION 0]
14.16.560 Inspection and sampling
The city shall have the right to inspect the facilities of any industrial user to ascertain whether or
not the provisions of this chapter are being or have been complied with. The permit holder shall
allow the city or its agents access at all reasonable times to all portions ofthe owner's premises
for the purposes of inspection, sampling, records examination and copying, and the performance
of additional duties.
A. [NO CHANGE TO SUBSECTIONS A THROUGH E]
14.16.562 Sample collection
A. Except as indicated below, the industrial user must collect wastewater samples using flow
proportional composite collection techniques. In the event flow proportional sampling is
infeasible, the city manager may authorize the use of time proportional sampling or grab
sampling where the industrial user demonstrates that such sampling will provide a representative
sample of the effluent being discharged. Using protocols (including appropriate preservation)
specified in 40 CFR Part 136 and appropriate EP A guidance, multiple grab samples collected
during a 24-hour period may be composited prior to the analysis as follow: for cyanide, total
phenols, and sulfides, the samples may be compo sited in the laboratory or in the field; for
volatile organics and oil and grease, the samples may be composited in the laboratory.
Composite samples for other parameters unaffected by the compositing procedures as
documented in approved EP A methodologies may be authorized by the city, as appropriate. In
addition, grab samples may be required to show compliance with instantaneous discharge limits.
B. [NO CHANGE TO SUBSECTIONS B OR C]
O. For sampling required in support of baseline monitoring and 90-day compliance reports
required in 40 CFR 403.12(b) and (d), a minimum of four (4) grab samples must be used for pH,
cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for
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which historical sampling data do not exist; for facilities for which historical sampling data are
available, the city may authorize a lower minimum. For the reports required by 40 CFR 403.12(e)
and 403 .12(h), the industrial user is required to collect the number of grab samples necessary to
assess and assure compliance by with applicable Pretreatment Standards and Requirements.
14.16.570 Notification of discharge
A. An industrial user shall immediately notify the city whenever he has accidentally discharged
any material which could cause problems to the POTW, including any slug loading or prohibited
wastes in violation offederal or state law or of this chapter, in order that the city may
immediately take countermeasures to minimize damage to the POTW and minimize pollution of
the Sacramento River. Within fifteen (15) days of the accidental discharge, the permit holder
shall give a detailed written statement describing the cause of the accidental discharge and the
measures being taken to prevent any subsequent occurrence. Compliance with this section shall
not relieve the permit holder from any liability for damage to the POTW or the river.
B. [NO CHANGE TO SUBSECTION B]
C. Industrial users shall notify the city, the EPA Regional Waste Management Division Director,
and the state hazardous waste authorities in writing of any discharge into the POTW of a
substance which, if otherwise disposed of, would be hazardous waste under 40 CFR 261. Such
notification must include the name of the hazardous waste set forth in 40 CFR 261; the EP A
hazardous waste number; and the type of discharge (continuous, batch, or other).
If the industrial user discharges more than one hundred kilograms (100 kg) or two hundred
twenty pounds (220 Ibs) of such waste per calendar month to the POTW, the notification shall
also contain the following information, to the extent such information is known and readily
available to the industrial user: An identification of the hazardous constituents contained in the
wastes; an estimation of the mass and concentration of such constituents in the waste stream
discharged during that calendar month; and an estimation of the mass of constituents in the waste
streams expected to be discharged during the following twelve (12) months.
1. a. Industrial users shall provide the notification no later than one hundred eighty (180) days
after the discharge of the listed or characteristic hazardous waste.
b. Any notification under this paragraph need be submitted only once for each hazardous
waste discharged. However, notifications of changed discharges must be submitted in
accordance with 40 CFR 403.12(j). The notification requirement in this section does not
apply to pollutants already reported under the self-monitoring requirements of 40 CFR
403. I 2(b), (d), and (e).
2. Discharges are exempt from the requirements of subsection C of this section during a calendar
month in which they discharge no more than fifteen kilograms (15 kg) or thirty three pounds (33
Ibs) of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR
261.30(d) and 261.33(e). Discharges of more than fifteen kilograms (15 kg) or thirty three
pounds (33 Ibs) of nonacute hazardous wastes in a calendar month, or of any quantity of acute
hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), require a one-time
notification. Additional notification is not required in subsequent months during which the
industrial user discharges more than such quantities of any hazardous waste.
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3. In the case of any new regulations under Section 3001 of the RCRA identifYing additional
characteristics of hazardous waste, or listing any additional substance as a hazardous waste, the
industrial user must notify the city, the EP A Regional Waste Management Division Director, and
the state hazardous waste authorities of the discharge of such substance within ninety (90) days
ofthe effective date of such regulations.
4. In the case of any notification made under this section, the industrial user shall certify that he
or she has a program in place to reduce the volume and toxicity of hazardous wastes generated to
the degree he or she has determined to be economically practical.
D. Significant Industrial Users are required to notify the city immediately of any changes at its
facility affecting the potential for a Slug Discharge.
E. This provision does not create a right to discharge any substance not otherwise permitted to
be discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State
law.
14.16.575 Notification of changed discharge
An industrial user shall promptly notify the city in advance of any substantial change in the
volume or character of pollutants in his or her discharge, for the city's approval prior to the
industrial user's initiation of the change. For the purposes of this section, "change" shall include
any of the following items in which a positive or negative change of twenty-five percent (25%)
occurs: the industrial wastes discharged; additional processes; additional or different equipment;
or an increase in production capacity.
14.16.582 Prohibited discharges
A. [NO CHANGE TO SUBSECTION A]
B. Specific Prohibitions. In addition, the following pollutants shall not be processed or stored in
such a manner that they could be discharged to the POTW or introduced into a POTW :
I. [NO CHANGE TO 8.1]
2. Any substances having a temperature greater than one hundred fifty degrees Fahrenheit
(l500F), or any substance that causes the temperature at the POTW to exceed one
hundred four degrees Fahrenheit (104 OF);
3. Any pollutant or other product which, by reason of its nature or quantity, may cause a fire
or explosion hazard in the POTW, including, but not limited to, waste streams with a
closed-cup flashpoint ofless than one hundred forty degrees Fahrenheit (l400F) or sixty
degrees Centigrade (600 C) using the test methods specified in 40 CFR 261.21 or that may
in any way be injurious to human life or the POTW;
4. [NO CHANGE TO BA THROUGH 8.12]
13. Any wastewater that imparts color which cannot be removed by the treatment process
(such as, but not limited to, dye wastes and vegetable tanning solutions) and consequently
imparts color to the treatment plant's effluent, thereby violating the city's NPDES permit.
Color in combination with turbidity shall not cause the treatment plant effluent to reduce
the depth of the compensation point for photosynthetic activity by more than ten percent
(10%) from the seasonably established norm for aquatic life;
14. [NO CHANGE TO 8.14 THROUGH 8.18]
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19.
Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or
by interaction with other wastes, are sufficient to create a public nuisance or a hazard to
life, or to prevent entry into the sewers for maintenance or repair.
14.16.584 Specific pollutant limitations -local limits
A. Except as hereinafter provided, no person shall discharge industrial wastewater flow to a
public sewer of the city unless he or she conforms to all of the locally derived constituent
limitations. Said limitations may be adopted by resolution of the city council, and
amended from time-to-time as necessary.
B. The city may develop Best Management Practices (BMP'S) to implement local limits and
the prohibited discharge requirements of Section 14.16.582 or to protect the POTW.
14.16.588 Accidental discharge/slug control plans
All industrial users subject to pretreatment requirements or national pretreatment standards shall
notify the city immediately of all discharges that could cause problems to the POTW, including
any slug loading or prohibited discharge.
The city may require any industrial user to develop and implement an accidental discharge/slug
control plan. The city will evaluate accidental discharge/slug control plan needs for all industrial
. users classified as significant industrial users and may develop such a plan for any industrial user.
An accidental discharge/slug control plan shall address, at a minimum, the following:
A. [NO CHANGE TO SUBSECTIONS A THROUGH D]
14.16.590 Compliance schedule
The city may require (a) the development of a compliance schedule by each industrial user for the
installation of technology required to meet applicable pretreatment requirements; and (b) the
submission of all notices and self-monitoring reports from industrial users as are necessary to
assess and assure compliance by industrial users with pretreatment requirements, including, but
not limited to, the reports required in 40 CFR 403.12.
If additional pretreatment and/or operation and maintenance (O&M) will be required to meet the
pretreatment requirements or national pretreatment standards, the industrial user shall submit the
shortest schedule by which the industrial user will provide such additional pretreatment and/or
O&M. The completion date in this schedule shall not be later than the compliance date
established for the applicable pretreatment requirements.
The compliance schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction and operation of
additional pretreatment required for the industrial user to meet the applicable pretreatment
requirements or standards. Such events shall include, but not be limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major components, commencing
and completing construction, beginning and conducting routine operations. No progress
increment referred to above shall exceed nine (9) months. The industrial user shall submit a
progress report to the city manager no later than fourteen (14) days following each date in the
schedule and the final date of compliance, including, at a minimum, whether or not he or she
complied with the increment of progress, the reason for any delay, and, if appropriate, the steps
being taken by the industrial user to return to the established schedule. In no event shall more
than nine (9) months elapse between each progress report to the city manager.
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14.16.600 Notification of violation
Whenever the city manager finds that any user has violated or is violating this chapter, a
wastewater discharge permit, or an order issued hereunder, or any other pretreatment
requirement, the city manager may serve upon said user a written notice of violation. Within
seven (7) days of the receipt of this notice, an explanation of the violation and a plan for the
satisfactory correction and prevention thereof shall be submitted by the user to the municipal
utilities director. Submission of this plan in no way relieves the user ofIiability for any violations
occurring before or after receipt of the notice of violation. Nothing in this section shall limit the
authority ofthe city to take any action, including emergency actions or any other enforcement
action, without first issuing a notice of violation.
14.16.620 Show cause hearings
The city manager may order any user which causes or contributes to violation(s) of this chapter,
or wastewater discharge permits, or orders issued hereunder, or any other pretreatment
requirement, to appear before the city manager and show cause why a proposed enforcement
action should not be taken. Notice shall be served on the user, specifYing the time and place for
the hearing, the proposed enforcement action, the reasons for such action, and a request that the
user show cause why this proposed enforcement action should not be taken. The notice of the
hearing shall be served personally or by certified mail, return receipt requested, at least seven (7)
days prior to the hearing. Such notice may be served on any authorized representative of the user.
Whether or not the user appears as ordered, immediate enforcement action may be pursued
following the hearing date. A show cause hearing shall not be a prerequisite for taking any other
action against the user.
14.16.650 Administrative fines
A. Notwithstanding the provisions of any other section of this chapter, any user that is found to
have violated any provision of this chapter; the user's wastewater discharge permit; any order
issued hereunder; or any other pretreatment requirement, may be fined in an amount not to
exceed five hundred dollars ($500) per violation per day. In the case of monthly or other long-
term average discharge limits, fines shall be assessed for each day during the period of violation.
B. [NO CHANGE TO SUBSECTIONS BAND C]
D. Users desiring to dispute such fines must file a written request to the city manager to
reconsider the fine, along with full payment ofthe fine, within fifteen calendar days of being
notified of the fine. Where a request has merit, the city manager shall convene a hearing on the
matter within thirty (30) calendar days of receiving the request from the user. In the event the
user's appeal is successful, the fine paid by the user to the city shall be returned to the user. The
city may add the costs of preparing administrative enforcement actions, such as notices and
orders, to the fine.
E. [NO CHANGE TO SUBSECTION E]
14.16.690 Termination of discharge
In addition to any other provisions contained in this chapter, any user that violates anyone of the
following conditions is subject to discharge termination:
A. [NO CHANGE TO SUBSECTIONS A THROUGH F]
Such user will be notified of the proposed termination of his discharge, and be offered an
opportunity to show cause under Section 14. I 6.620 why the proposed action should not be taken.
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Exercise of this option by the city shall not be a bar to, or a prerequisite for, taking any other
action against the user.
14.16.700 Civil penalties
A. Any user which has violated or continues to violate this chapter, a wastewater discharge
permit, or an order issued hereunder, or any other pretreatment requirement, shall be liable for a
minimum civil penalty of one thousand dollars ($1000) per violation per day. In the case of a
monthly or other long-term average discharge limit, penalties shall accrue for each day during the
period of the violation.
B. [NO CHANGE IN SUBSECTIONS B THROUGH DJ
14.16.710 Criminal penalties
A. Any user that wilfully or negligently violates any provision of this chapter, a wastewater
discharge permit, or an order issued hereunder, or any other pretreatment requirement, shall,
upon conviction, be guilty of a misdemeanor, punishable by a minimum penalty of one thousand
dollars ($1000) per violation per day or imprisonment for not more than six (6) months in the
county jail, or both.
S. Any user that wilfully or negligently introduces any substance into the POTW which causes
personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be
subject to a minimum penalty of one thousand dollars ($1000) per violation per day or
imprisonment for six (6) months, or both.
C. Any user that knowingly makes any false statements, representations, or certifications in any
application, record, report, plan, or other documentation filed or required to be maintained
pursuant to this chapter, a wastewater discharge permit or order, or who falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or method required under this chapter
shall, upon conviction, be subject to a minimum penalty of one thousand dollars ($1000) per
violation per day or imprisonment for not more than six (6) months, or both.
14.16.720 Liability for other penalties
In the event that any violation of this chapter causes the city to become liable for civil or criminal
fines or penalties imposed by the federal or state government for improper wastewater discharge,
the owner ofthe premises responsible for such discharge shall indemnify and hold harmless the
city, its officers, officials, employees, agents, and volunteers, from any such penalty imposed,
including reasonable attorney's fees for the necessary defense of any action or proceeding
brought to impose such fine or penalties, and in addition shall pay an administrative penalty or
ten percent (10%) of such fine or penalty which may be imposed. The provisions of this section
shall be in addition to any other fine or penalty imposed by this chapter. The owner of any
premises failing to so indemnify the city shall have service terminated.
Section 11. Title 14, Chapter 14.16 is amended by adding Section 14.16.840 to read
as follows:
14.16.840 Payment of Outstanding Fees and Penalties
The city manager may decline to issue or reissue a wastewater discharge permit to any user who
has failed to pay any outstanding fees, fines, or penalties incurred as a result of any provision of
this ordinance, a previous wastewater discharge permit, or order issued hereunder.
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Section 12. The passage of this ordinance is not a "project" according to the definition
in the California Environmental Quality Act, and therefore is not subject to the provisions
requiring environmental review.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council at a regular meeting on the 16th day of December, 2008; and was duly read and adopted
at a regular meeting on the 20th day of January, 2009, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Dickerson, Jones, McArthur, Stegall, and Bosetti
None
None
None
-e~~
RICK BOSETTI, Mayor
Attest:
,
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J ,.'
Form Approved:
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SUMMARY OF
CITY OF REDDING
ORDINANCE NO. 2429
The following is a summary Report of the City of Redding's Ordinance No. 2429, an
ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter
14.16, Sewers, by repealing, adding, or amending various sections as noted below.
The proposed ordinance was introduced for the first reading by title only by the Redding
,City Council on December 16, 2008, and will be considered for adoption at its next regular
meeting.
Background
Redding Municipal Utilities Industrial Waste Division manages a State approved pretreatment
program. The pretreatment program regulates pollutants from commercial and industrial sources
into the City's wastewater transmission facilities (sewer lines, sewage lift, and pump stations)
and the wastewater treatment plants. The City of Redding's pretreatment program is required by
the State to comply with General Pretreatment Regulations enacted by the United States
Environmental Protection Agency (EP A). The EP A made changes to the General Pretreatment
Regulations, which the City of Redding is now required to incorporate into its Municipal Code.
The changes are intended to reduce the regulatory burden on both industry and the City without
adversely affecting environmental protection.
In addition to the changes required by the EP A, the City has incorporated several changes that
were recommended by the EP A as well as changes that were requested by City staff to clarifY
municipal code language and intent.
Summary by Code Section/Subject
14.16.010 Purpose
Added language recommended by EP A stating that one of the purposes of this code is to enable
the city to comply with state and federal laws and that the ordinance applies to all users ofthe
publicly owned treatment works.
14.16.020 Definitions
Several definitions were modified or added per EP A requirements and recommendations. For
example, a definition of best management practices, or BMP's, daily maximum limits and
monthly average limits were added to the ordinance. The definition of a significant industrial
user was expanded to allow the city discretion in sampling businesses that discharge less than
100 gallons per day of process wastewater.
14.16.030 Abbreviations
Several abbreviations were modified or added for consistency with definitions and other sections
within RMC 14.16.
Page I of 5
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14.16.100 Authority
A portion of this section was moved to 14.16.402 permit issuance to consolidate the permit
requirements in one section.
14.16.105 Delegation of authority
Per EP A requirements, this changes the requirement for industrial users to update slug discharge
control plans from every two years to periodically (a slug discharge would be an accidental
release of a large tank or batch of chemicals to the sewer; we call them "slugs" to the wastewater
treatment plant). More detailed requirements are in 14.16.588.
14.16.125 Multijurisdictional agreements
This section codifies the EP A's requirements for written agreements between the city and other
jurisdictions who contribute wastewater into the city's sewer system.
14.16.140 City's right of revision
Adds revision of wastewater discharge permits as a means of controlling discharges to the
wastewater system per EP A model ordinance.
14.16.240 B.2.b.ii. Sewer service charges
Removes language to allow for sewer billing based on similar uses in the city.
14.16.245 Obligation to pay sewer service fees
Adds language requiring the party responsible for water service to pay sewer service charges and
provides for billing the property owner or his agent for sewer service where water is provided to
multiple tenants through one water meter.
14.16.246 Obligation to pay sewer fees for service outside the city limits
Adds language to allow tenants to establish a sewer billing account and that the billing will be
reassigned to the property owner when the tenant terminates their account. Removes language
requiring the property owner to provide a tenant's billing information.
14.16.400 Special requirements for industrial users
Significant industrial users are required to obtain wastewater discharge permits. Language added
to clarifY that permits may be required of non-significant industrial users instead of just industrial
users. Several items formerly in this section were moved to new sections of the code for
simplification, specifically former sections regarding report submittal 14. 16.400-6a,b,c and d
were moved to 14.16.431, 432, 433, and 434. Former section 14. 16.400-7a regarding reports
was incorporated into 14.16.435. Former section 14. 16.400-7b regarding recordkeeping was
moved to 14.16.445 and changed per EP A requirements.
14.16.401 Permit application
Additional items regarding information on pollutant concentrations and sampling procedures
were added per EP A recommendations.
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14.16.402 Permit issuance
This section was revised to incorporate the new EP A requirements and recommendations
regarding the information included in wastewater discharge permits.
14.16.403 Certification requirement
Items were added per EP A recommendations. Certification statements will be required for
businesses which discharge less than 100 gallons per day or do not discharge regulated
pollutants.
14.16.430 Wastewater discharge permit re- issuance
Added reference to newly created section 14.16.401 for permit application requirements.
14.16.431 Report submittal date
Moved from former section 14.16.400 G.
14.16.432 Baseline monitoring report
Moved from former section 14.16. 86a.
14.16.433 Compliance schedule for meeting categorical pretreatment standards
Moved from former section 14.16.86b.
14.16.434 Report on compliance with categorical pretreatment standard deadline
Moved from former section 14.16.86c.
14.16.435 Periodic reports on continued compliance
Merged former sections 14.16.400 86d and 87a.
14.16.445 Recordkeeping requirements
Moved from former section 14.16.40087b.
14.16.450 Notice of violation - repeat sampling and reporting
A new section was added, per EP A requirements that defines the city's role in repeat sampling.
14.16.460 Determination of noncompliance
A reference to "national pretreatment standards" was removed because it was incorrectly applied
to this section of the code.
14.16.470 Publication of industrial users in significant noncompliance
The EP A required that the wording "largest newspaper" be changed to "newspaper of general
circulation. "
14.16.490 National categorical pretreatment standards
This section regarding categorical limits calculations were added per EPA recommendation.
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14.16.540 Food preparation facilities
This section was modified to incorporate the Uniform Plumbing Code changes to the formula for
sizing gravity separation interceptors (gravity grease interceptors). The minimum size of a
gravity separation interceptor was changed from 1,250 gallons to 500 gallons.
14.16.550 ~ight of entry for inspection
Changed the term "inspectors of the municipal utilities department" to "inspectors ofthe city."
14.16.560 Inspection and sampling
Removes the term "monitoring" to clarify specific activities that are allowed by city officials, to
include sampling, records examination and copying, and the performance of additional duties.
14.16.562 Sample collection
Items regarding sampling procedures, i.e., grab and/or composite samples, were added per EP A
requirements.
14.16.570 Notification of discharge
Items regarding slug discharges (large quantity discharges) were added per EP A requirements.
14.16.582 Prohibited discharges
Minor changes were made to clarify requirements and to add the prohibition of noxious or
malodorous liquids, gasses, or solids per EP A recommendations.
14.16.584 Specific pollutant limitations - local limits
A reference to best management practices (BMP's) was added per EP A recommendations.
14.16.588 Accidental discharge/slug control plans
The EP A eliminated the requirement to evaluate slug control plans every two years.
14.16.650 Administrative fines
Increased the maximum amount of administrative fines from $250 to $500.
14.16.670 Falsifying information
Section deleted due to conflicts with 14.16.710
14.16.690 Termination of discharge
A clarification was added, per EP A recommendation, stating that the exercise of this
(termination) option shall not bar or be a prerequisite for taking other action against a user.
14.16.700 Civil penalties
Penalties of a minimum of $1 ,000 and maximum of $25,000 were changed to a minimum of
$1,000 per violation per day. This is the maximum penalty allowed by ordinance according to
state law.
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14.16.710 Criminal penalties
Penalties ofa minimum of$5,000 and maximum of$25,000 were changed to a minimum of
$1,000 per violation per day and/or 6 months jail time. This is the maximum penalty allowed by
ordinance according to state law.
14.16.840 Payment of outstanding fees and penalties
Wastewater discharge permits may be denied to users who have failed to pay outstanding fees
and penalties. This section was added per EP A recommendation.
DATED: December 24, 2008
Page 5 of 5
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SUMMARY OF
CITY OF REDDING
ORDINANCE NO. 2429
The following is a summary Report of the City of Redding's Ordinance No. 2429, an
ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter
14.16, Sewers, by repealing, adding, or amending various sections as noted below.
Background
Redding Municipal Utilities Industrial Waste Division manages a State approved pretreatment
program. The pretreatment program regulates pollutants from commercial and industrial sources
into the City's wastewater transmission facilities (sewer lines, sewage lift, and pump stations)
and the wastewater treatment plants. The City of Redding's pretreatment program is required by
the State to comply with General Pretreatment Regulations enacted by the United States
Environmental Protection Agency (EP A). The EP A made changes to the General Pretreatment
Regulations, which the City of Redding is now required to incorporate into its Municipal Code.
The changes are intended to reduce the regulatory burden on both industry and the City without
adversely affecting environmental protection.
In addition to the changes required by the EP A, the City has incorporated several changes that
were recommended by the EP A as well as changes that were requested by City staff to clarifY
municipal code language and intent.
Summary by Code Section/Subject
14.16.010 Purpose
Added language recommended by EPA stating that one of the purposes of this code is to enable
the city to comply with state and federal laws and that the ordinance applies to all users of the
publicly owned treatment works.
14.16.020 Definitions
Several definitions were modified or added per EPA requirements and recommendations. For
example, a definition of best management practices, or BMP's, daily maximum limits and
monthly average limits were added to the ordinance. The definition of a significant industrial
user was expanded to allow the city discretion in sampling businesses that discharge less than
100 gallons per day of process wastewater.
14.16.030 Abbreviations
Several abbreviations were modified or added for consistency with definitions and other sections
within RMC 14.16.
14.16.100 Authority
A portion ofthis section was moved to 14.16.402 permit issuance to consolidate the permit
requirements in one section.
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14.16.105 Delegation of authority
Per EP A requirements, this changes the requirement for industrial users to update slug discharge
control plans from every two years to periodically (a slug discharge would be an accidental
release of a large tank or batch of chemicals to the sewer; we call them "slugs" to the wastewater
treatment plant). More detailed requirements are in 14.16.588.
14.16.125 Multijurisdictional agreements
This section codifies the EP A's requirements for written agreements between the city and other
jurisdictions who contribute wastewater into the city's sewer system.
14.16.140 City's right of revision
Adds revision of wastewater discharge permits as a means of controlling discharges to the
wastewater system per EP A model ordinance.
14.16.240 B.2.b.ii. Sewer service charges
Removes language to allow for sewer billing based on similar uses in the city.
14.16.245 Obligation to pay sewer service fees
Adds language requiring the party responsible for water service to pay sewer service charges and
provides for billing the property owner or his agent for sewer service where water is provided to
multiple tenants through one water meter.
14.16.246 Obligation to pay sewer fees for service outside the city limits
Adds language to allow tenants to establish a sewer billing account and that the billing will be
reassigned to the property owner when the tenant terminates their account. Removes language
requiring the property owner to provide a tenant's billing information.
14.16.400 Special requirements for industrial users
Significant industrial users are required to obtain wastewater discharge permits. Language added
to clarify that permits may be required of non-significant industrial users instead of just industrial
users. Several items formerly in this section were moved to new sections of the code for
simplification, specifically former sections regarding report submittal 14. I 6.400-6a,b,c and d
were moved to 14.16.431, 432, 433, and 434. Former section 14.16.400-7a regarding reports
was incorporated into 14.16.435. Former section 14. 16.400-7b regarding recordkeeping was
moved to 14.16.445 and changed per EP A requirements.
14.16.401 Permit application
Additional items regarding information on pollutant concentrations and sampling procedures
were added per EP A recommendations.
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14.16.402 Permit issuance
This section was revised to incorporate the new EP A requirements and recommendations
regarding the information included in wastewater discharge permits.
14.16.403 Certification requirement
Items were added per EP A recommendations. Certification statements will be required for
businesses which discharge less than 100 gallons per day or do not discharge regulated
pollutants.
14.16.430 Wastewater discharge permit re- issuance
Added reference to newly created section 14.16.401 for permit application requirements.
14.16.431 Report submittal date
Moved from former section 14.16.400 G.
14.16.432 Baseline monitoring report
Moved from former section 14.16. B6a.
14.16.433 Compliance schedule for meeting categorical pretreatment standards
Moved from former section 14.16.B6b.
14.16.434 Report on compliance with categorical pretreatment standard deadline
Moved from former section 14.16.B6c.
14.16.435 Periodic reports on continued compliance
Merged former sections 14.16.400 B6d and B7a.
14.16.445 Recordkeeping requirements
Moved from former section 14.16.400B7b.
14.16.450 Notice of violation - repeat sampling and reporting
A new section was added, per EPA requirements that defines the city's role in repeat sampling.
14.16.460 Determination of noncompliance
A reference to "national pretreatment standards" was removed because it was incorrectly applied
to this section of the code.
14.16.470 Publication of industrial users in significant noncompliance
The EP A required that the wording "largest newspaper" be changed to "newspaper of general
circulation. "
14.16.490 National categorical pretreatment standards
This section regarding categorical limits calculations were added per EP A recommendation.
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14.16.540 Food preparation facilities
This section was modified to incorporate the Uniform Plwnbing Code changes to the formula for
sizing gravity separation interceptors (gravity grease interceptors). The minimum size of a
gravity separation interceptor was changed from 1,250 gallons to 500 gallons.
14.16.550 Right of entry for inspection
Changed the term "inspectors of the municipal utilities department" to "inspectors of the city."
14.16.560 Inspection and sampling
Removes the term "monitoring" to clarity specific activities that are allowed by city officials, to
include sampling, records examination and copying, and the performance of additional duties.
14.16.562 Sample collection
Items regarding sampling procedures, i.e., grab and/or composite samples, were added per EP A
requirements.
14.16.570 Notification of discharge
Items regarding slug discharges (large quantity discharges) were added per EP A requirements.
14.16.582 Prohibited discharges
Minor changes were made to clarity requirements and to add the prohibition of noxious or
malodorous liquids, gasses, or solids per EP A recommendations.
14.16.584 Specific pollutant limitations - local limits
A reference to best management practices (BMP's) was added per EP A recommendations.
14.16.588 Accidental discharge/slug control plans
The EP A eliminated the requirement to evaluate slug control plans every two years.
14.16.650 Administrative fines
Increased the maximum amount of administrative fines from $250 to $500.
14.16.670 Falsif'ying information
Section deleted due to conflicts with 14.16.710
14.16.690 Termination of discharge
A clarification was added, per EP A recommendation, stating that the exercise of this
(termination) option shall not bar or be a prerequisite for taking other action against a user.
14.16.700 Civil penalties
Penalties of a minimum of $1 ,000 and maximum of $25,000 were changed to a minimum of
$1,000 per violation per day. This is the maximum penalty allowed by ordinance according to
state law.
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14.16.710 Criminal penalties
Penalties of a minimum of $5,000 and maximum of $25,000 were changed to a minimum of
$1,000 per violation per day and/or 6 months jail time. This is the maximum penalty allowed by
ordinance according to state law.
14.16.840 Payment of outstanding fees and penalties
Wastewater discharge permits may be denied to users who have failed to pay outstanding fees
and penalties. This section was added per EP A recommendation.
Ordinance No. 2429 was introduced and read at the regular meeting of the City Council
of the City of Redding on the 16th day of December, 2008, and was duly read and adopted on the
20th day of January, 2009, at a regular meeting of the City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Council Members: Dickerson, Jones, McArthur, Stegall, and Bosetti
Council Members: None
Council Members: None
Council Members: None
A complete copy of Ordinance No. 2429 is on file and available for review in the Office
of the City Clerk.
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