follows: 

Ordinance No. 5084 

Ordinance of the Council of the City of Palo Alto Repealing 

. Chapter 16.09 of the Palo Alto Municipal Code and Amending 

Title 16 to Adopt a New Chapter 16.09 (Sewer Use 

Ordinance) Establishing Regulations to Reduce Discharges of 

Pollutants to the Sanitary Sewer and Storm Drainage Systems 

The Council of the City of Palo Alto does ORDAIN as follows: 

SECTION 1. Findings and Declarations. The City Council finds and declares as 

(A) In order to protect the public health. and environment, including the City's 

sanitary sewer collection system, the Palo Alto Regional Water Quality Control Plant, and San 

Francisco Bay, the City has developed and implemented a water quality control program; 

(B) Protection of the sanitary sewer collection system, the treatment plant, and 

San Francisco Bay also requires strict control of industrial wastewater discharges and all types of 

contaminated water which would otherwise flow to the storm drain system, creeks, and San 

Francisco Bay; 

(B) The adoption of this Sewer Use Ordinance is a component of the City's 

water quality control program and supports the City's authority to iniplement state and federally 

mandated storm water, pollution prevention, and industrial waste pretreatment programs; 

(C) The City desires to maintain and enhance its leadership position in 

reducing pollutant loadings to natural water bodies to the maximum extent practical, while still 

maintaining a heathy and vibrant business community; 

(D) In order to continue to address new pollutants of concern and pollutant 

sources, City staff shall inform the Council of the need for further controls on industrial, 

commercial and residential wastewater and storm water discharges. 

SECTION 2. Chapter 16.09 (Sewer Use Ordinance) of Title 16 (Building) of the 

Palo Alto Municipal Code is hereby repealed in its entirety and restated as follows: 

II 

II 

II 

1 

100628 syn 6051181 
Chapter 16.09 

Sections: 

16.09.005 

16.09.010 

16.09.015 

16.09.020 

16.09.025 

16.09.030 

16.09.035 

16.09.040 

16.09.045 

16.09.050 

16.09.055 

16.09.060 

16.09.065 

,16.09'.070 

/16.09.075 

16.09.080 

16.09.085 

16.09.090 

16.09.095 

16.09.100 

16.09.105 

16.09.110 

16.09.115 

16.09.120 

16.09.125 

16.09.130 

16.09.135 

16.09.140 

16.09.145 

16.09.150 

16.09.155 

16.09.160 

16.09.165 

16.09.170 

16.09.175 

16.09.180 

16.09.185 

16.09.190 

100628 syn 6051181 

SEWER USE ORDINANCE 

Purpose and Applicability 

Definitions 

Responsibility of the Superintendent 

Confidentiality 

Alteniative Materials and Methods 

Limitationws on Point of Discharge 

Prohibitions 

Standards 

Additional Copper Limitations for Industrial Waste 

Grease Disposal Prohibited 

, Unpolluted Water 

Standards for Other Industrial Wastes 

Best Management Practics (BMPs) 

Trucker's Discharge Permit 

Food Service Establishments 

Industrial Waste Discharge Permit 

Industrial Wastes Discharge Permit Procedures 

Requirements for Facilities Affected byNational Pretreatment Standards 

Modification, Suspension or Revocation of Industrial Wastes Discharge 

Permit Issuance, Denial, Modification, Revocation, or Suspension Hearing 

Waste Sampling Locations 

Discharger Monitoring 

Prohibition against Dilution 

Discharger Self-Monitoring 

Maintenance and Operation of Pollution Control and Monitoring 

Equipment 

Compliance with the Pretreatment Requirements 

Reporting Requirements for all Permitted Dischargers 

Requirments for Reporting Noncompliance, Increased Loading, Slug 

Discharges, Accidential Discharges 

Certification of Reports 

Falsification of Information 

Date of Receipt of Reports 

Retention of Records 

Storm Drain System: Prohibited Discharges 

Requirements for Construction Operations 

General Prohibitions and Practices 

Requirements for Newly Constructed, Remodeled or Converted MultiResidential, Commercial and Industrial Facilities 

Personnel Orientation 

Accidental Discharges Prevention 

2 
16.09.195 

16.09.200 

16.09.205 

16.09.210 

16.09.215 

16.09.220 

16.09.225 

16.09.230 

16.09.235 

16.09.240 

16.09.245 

16.09.250 

16.09.255 

16.09.260 

16.09.265 

16.09.270 

16.09.275 

16.09.280 

16.09.285 

Storage of Hazardous Materials Above Sinks 

Zinc-Containing Floor Finishes 

Requirements for Cooling Systems, Pools, Spas, Fountains, Boilers and 

Heat Exchangers 

Root and Pest Control Chemicals 

Requirements for Photographic Materials Processing 

Requirements for Dental Facilities that Remove or Place Amalgam 

Fillings 

Requirements for Vehicle Service Facilities 

Requirements for Machine Shops 

Annual Publication of Significant Noncompliant Dischargers 

Enforcement: Warning 

Enforcement: Notice of Noncompliance 

Enforcement: Administrative Compliance Order 

Enforcement: Criminal Penalties 

Enforcement: Administrative Citation 

Enforcement: Adm.inistrative Civil Penalties 

Enforcement: Judicial Civil Penalties 

Damage to Facilities 

City Right to Terminate Discharge 

Enforcement: Remedies Nonexclusive 

16.09.005 Purpose. 

The overall goal of this Chapter and the City's water quality control program is to prevent 

and control pollution and protect and foster human health and the environment. The specific 

purpose of this Chapter is to prevent the discharge of any pollutant into the sanitary sewer 

system, the storm drain system, or surface waters, which would: 1) obstruct or damage the 

sanitary sewer or storm drain system; 2) interfere with, inhibit or disrupt thp Palo Alto Regional 

Water Quality Control Plant (the "plant"), or its treatment processes, or operations, or its sludge 

processes, use or disposal; 3) pass through the treatment system and contribute to violations of 

the regulatory requirements placed upon the plant; or 4) result in or threaten harm to or 

deterioration of human health or the environment. It is the intent of the City to update and 

modify this Chapter as needed to continue to provide a program for protection- of the storm drain 

system and pretreatment of industrial wastes which is approved by federal and state regulatory 

agencies. Therefore this Chapter is designed to be no less stringent than the u.S. Environmental 

Protection Agency "General Pretreatment Requirements for Existing and New Sources of 

Pollution" published at Title 40 of the Code of Federal Regulations (CFR), Part 403 and The 

Federal Water Pollution Control Act, 33 U.S.C. section 1251, as applicable, and as such 

requirements may be amended from time to time (hereinafter the "Pretreatment Requirements" 

and "Clean Water Act"). 

16.09.010 DefInitions. 

The following words and phrases, whenever used in this Chapter, shall be as defined herein. 

Words, terms and phrases used in this Chapter not otherwise defined shall be as defined or 

interpreted or used in the Pretreatment Requirements. Terminology for analytical testing shall be 

3 

100628 syn 6051181 
that contained in "Guidelines Establishing Test Procedures for the Analysis of Pollutants," 

published at Title 40 CPR, Part 136. 

"Annual average concentration" means the average concentration of a substance 

measured over any twelve-month period of time. 

"Authorized Representative" means an authorized or duly authorized representative as 

defined below: 

(a) If the discharger is a corporation: 

(1) The president, secretary, treasurer, or a vice-president of the 

corporation in charge of a principal business function, or any other person who performs similar 

policy or decision-making functions for the corporation; or 

(2) The manager of one or more manufacturing, production, or 

operating facilities, provided the manager is authorized to make management decisions that 

govern the operation of the regulated facility including having the explicit or implicit duty of 

making major capital investment recommei1dations, and initiate and direct other comprehensive 

measures to assure long-term environmental compliance with environmental laws and 

regulations; can ensure that the necessary systems are established or actions taken to gather 

complete and accurate information for discharge permit requirements; and where authority to 

sign documents\ has been assigned or delegated to the manager in accordance with corporate 

procedures. 

(b) If the discharger is a partnership or sole proprietorship: a general partner 

or proprietor, respectively. 

( c) If the discharger is a federal, state, or local governmental facility: a 

director or highest pfficial appointed or designated to oversee the operation and performance of 

the activities of the gov~ent facility, or their designee. 

(d) The individuals described in paragraphs (a) through (c), above, may 

designate a Duly Authorized Representative if the authorization is in writing, the authorization 

specifies the individual or position responsible for the overall operation of the facility from 

which the discharge originates, or with overall responsibility for environmental matters for the 

organization, and the written authorization is submitted to the Superintendent. 

"Average concentration" of a substance means the total daily discharge weight of the 

substance divided by the total daily wastewater volume at the point of discharge. 

"Berm" means a ridge, lip or other raised barrier to the flow of liquid which is not 

rendered ineffective by the liquid and is sufficiently high to contain anticipated fluid amounts, or 

which causes sufficient grade to prevent migration of anticipated fluid amounts. 

"Best Management Practices" or "BMPs" means schedules of activities, prohibitions of 

practices, maintenance procedures and other management practices to implement the 

prohibitions in this Chapter. BMPs include treatment requirements, operating procedures and 

4 

100628 syn 6051181 
practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from 

materials storage. 

"Biochemical Oxygen Demand" or "BOD" means the quantity of oxygen utilized in the 

biochemical oxidation of organic matter under standard laboratory procedures. 

"Categorical Pretreatment Standard" means any regulation containing pollutant discharge 

limits promulgated by EPA that apply to a specific category of dischargers and that appear in 40 

CFRChapter I, Subchapter N, Parts 405 - 471. 

"Categorical Discharger" shall mean any discharger subject to categorical Pretreatment 

Standards. 

"Cesspool" means a lined or partially lined underground pit into which raw sanitary sewage is 

discharged. 

"City" means City of Palo Alto 

"Collection system" means the pipes, junction boxes, channels and other conveyance 

apparatus used to move storm water or sewage. 

"Cooling system blowdown" means water routinely discharged from a cooling water 

system to maintain efficient operation of the system. 

"Cooling water" means water which is used to cool fluids or equipment in commercial or 

industrial processes or air conditioning systems. 

"Cooling water system" means the pipes, heat exchangers and other appurtenances used 

to convey cooling water in cooling towers, direct contact cooling systems and similar fixed 

cooling systems. Multiple units of a cooling water system serving a building or piece of 

equipment are considered as one system if the cooling water distribution system units are 

physically connected. 

"Contaminated groundwater" means water found beneath the earth's surface which does 

not meet State or Federal standards for drinking water supplies or other specified beneficial uses. 

"Contaminated water" means water that does not meet State or Federal standards for 

discharge to navigable waters. 

"County" shall mean the County of Santa Clara. 

"Cycles of concentration" means the flow rate of water added to a cooling tower water 

system divided by the flow rate of water discharged from the cooling tower. 

"Discharge" means the introduction of any pollutant or of any industrial, commercial or 

domestic waste into the sanitary sewer system or storm drain system. 

5 

100628 syn 6051181 
"Discharger" means any person or entity who has the potential to or who discharges, 

causes, or permits the discharge of any pollutant or of any industrial, commercial or domestic 

waste into the sanitary sewer system or storm drain system. 

"Domestic waste" means the liquid and waterborne wastes derived from the ordinary 

living processes, free from industrial wastes and of such character as to permit satisfactory 

disposal, without special treatment, into the sewer system. 

"Enforcement Response Plan" or "ERP" means the document describing the guidelines 

for identifying violations of and enforcing specific local limits; Pretreatment Standards and 

requirements; and the requirements of this Chapter. 

"EPA" means the United States Environmental Protection Agency. 

"Exceptional waste" means that subset of industrial waste specified In Section 

16.09.080(c)(2) of this Chapter. 

"Fail-safe valve" means a gravity, spring loaded or electrically driven valve that is 

normally closed. The valve can be opened by continuously applying pressure or depressing a 

switch mechanism that automatically closes the valve when not in use or depressed. 

"Grease" means, and includes, fats, oils, waxes or other related constituents. Grease may 

be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils, and 

fats in meats, cereals, seeds, nuts and certain fruits. Grease may also be of mineral origin, 

including kerosene, lubricating oil, and road oil. Grease in the sanitary sewer system is generally 

present as, but need not be, a floatable solid, a liquid, a colloid, an emulsion, or in a solution. 

"Hazardous material" means any material so designated by Title 1 7 of this code. 

"Hazardous waste" means a material designated as a hazardous waste by either State or 

Federal regulations. 

"Industrial waste" means the waste or wastewater from any production, manufacturing or 

processing operation of whatever nature including institutional and commercial. "Industrial 

waste" shall not include domestic waste. "Industrial waste" shall include contaminated water 

from construction operations, contaminated water from erosion of disturbed land, and 

contaminated water from irrigation runoff. 

"Interference" means a discharge that, alone or in conjunction with a discharge or 

discharges from other sources, inhibits or disrupts the Plant, its treatment processes or 

operations, or its sludge processes, use or disposal, or exceeds the design capacity of the sanitary 

sewer system. 

"Loading dock" means that area of a facility intended for the loading and unloading of 

trucks, plus an additional radius of ten feet. 

6 

100628 syn 6051181 
"Machine shop" means a fixed facility which cuts, grinds, polishes, deburrs, or machines 

metal parts but does not conduct metal finishing as that term is defined by the EP A in 40 CFR 

part 433. 

"Metal fabrication facility" means a fixed facility that forms, welds and assembles metal 

pieces, but does not conduct metal finishing as that term is defined by the EP A in 40 CFR part 

433. 

"New source" means a new or modified building, structure, facility or installation as 

defined in EPA 40 CFR part 403.3(m) from which there is or may be a discharge subject to 

proposed or existing Pretreatment Standards. 

"Oil-water separator" means a receptacle designed and constructed to intercept, separate, 

and prevent the passage of oils and sediments into the sanitary sewer system. 

"Once-through coo~ing system" means a cooling system through which water passes 

.through only once before discharge to a drain, including laboratory bench top cooling systems. 

"Organic solvent" means any solvent which contains carbon in its molecular structure. 

"Pass-through" means a discharge that exits the Plant into a water of the United States in 

quantities or concentrations that, alone or in conjunction with a discharge or discharges from 

other sources, is a cause of a violation of any requirement of the Plant'sNPDES permit 

(including an increase in the magnitude or duration of a violation). 

"Person" means any individual, partnership, firm, association, corporation, or public 

agency. 

"Plant" means the Palo Alto Regional Water Quality Control Plant. 

"Point of discharge" means the point or points designated as such in the permit. Where no 

designation is made it shall mean the point where the private sewer joins a public sewer. 

"Pretreatment Standards" means prohibited discharge standards, categorical Pretreatment 

Standards and local limits. 

"Pretreatment requirement" means any substantive or procedural requirement related to 

pretreatment imposed on a discharger, other than a Pretreatment Standard. 

"Pretreatment system" means a treatment system at an industrial or commercial facility 

that is designed to reduce the amount of pollutants, eliminate pollutants, or alter the nature of the 

pollutant properties in the waste water prior to discharge to the sanitary sewer system. 

"Root control chemicals" means any chemical introduced into pipes in order to inhibit or 

kill roots in the pipe. 

7 

100628 syn 6051181 
"Sampling location" means an access box, valve, spigot or similar structure from which I 

samples representative' of an industrial wastewater discharge from a particular process or 

processes, piece of equipment, activity, building, or facility are collected. 

"Sanitary sewage" or "sewage" means water-carried wastes from residences, business 

buildings, institutions, and industrial establishments, excluding ground, surface and storm 

waters, subsurface drainage and also excluding industrial waste. 

"Sanitary Sewer Overflow" or "SSO" means any overflow, spill, release, discharge or 

diversion of untreated or partially treated wastewater from the sanitary sewer system. SSOs 

include: 

(a) Overflows or releases of untreated or partially treated wastewater that 

reaches waters of the United States; 

(b) Overflows or releases of untreated or partially treated wastewater that do 

not reach waters of the United States; and 

( c) Wastewater backups into buildings and on private property that are caused 

by blockages or flow conditions within the sanitary sewer system. 

"Secondary containment" means and shall have the meaning specified by the Hazardous 

Materials Storage ordinance (Title 17, Palo Alto Municipal Code). 

"Seepage pit" means a device comprised of one or more pits extending into porous strata, 

lined with open-jointed masonry or similar walls, capped and provided with a means of access 

such as a manhole cover and into which wastewater disposal system effluent is discharged. 

"Sewage treatment plant" means any arrangement of devices and structures used for 

treating sanitary sewage. 

"Sewer" means a pipe or conduit for carrying sewage. 

"Sewer system" or "sanitary sewer system" means the collection system, all sewers, 

treatment plants and other facilities owned or operated by the City of Palo Alto for carrying, 

collecting, storing, treating, reclaiming and disposing of sanitary sewage and industrial wastes. 

"Significant Industrial User" (SIU) means, except as provided in (c ) and (d): 

(a) A discharger subject to categorical Pretreatment Standards; or 

(b) A discharger that: 

(1) Discharges an average of twenty-five thousand (25,000) gpd or more of 

process wastewater to the sanitary sewer system (excluding sanitary, noncontact cooling and 

boiler blowdown wastewater); 

(2) Contributes a process waste stream which makes up five (5) percent or 

more of the average dry weather hydraulic or organic capacity of the sanitary sewer system; or 

8 

100628 syn 6051181 
(3) Is designated as such by the Superintendent on the basis that it has a 

reasonable potential for adversely affecting the sanitary sewer system's operation or for violating 

any Pretreatment Standard or Requirement. 

(c) The Superintendent may determine that a discharger subject to categorical 

Pretreatment Standards is a Non-Significant Categorical Industrial User (Non-SCIU) rather than 

a Significant Industrial User on a finding that the discharger never discharges more than 100 

gallons per 'day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling 

and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard)and 

the following conditions are met: 

(1) The discharger, prior to Superintendent's finding, has consistently 

complied with all applicable categorical Pretreatment Standards and Requirements; 

(2) The discharger annually submits the certification statement required in 

16.09.135(a)(3), together with any additional information necessary to support the certification 

statement; and 

(3) The discharger never discharges any untreated concentrated wastewater. 

(d) Upon a finding that a discharger meeting the criteria in Subsection (b) of this part 

has no reasonable potential for adversely affecting the sanitary sewer system's operation or for 

violating any Pretreatment Standard or Requirement, the Superintendent may at any time, on its 

own initiative or in response to a petition received from a discharger, determine that such 

discharger should not be considered a Significant Industrial User. 

"Significant noncompliance" means a violation or series of violations by a discharger of 

one or more criteria set forth in 40 CFR 403.8(f)(2)(viii). 

"Simple payback period" means the number of years required to allow the dollar value of 

an investment in water pollution control to be exceeded by cost savings resulting from the 

investment. 

"Single Toxic Organic" or "STO" shall mean the highest quantifiable value for any 

individual toxic organic compound. 

"Slug discharge" means any discharge of a non-routine, episodic nature, including but not 

limited to an accidental spill or a non-customary batch discharge of wastewater, material or 

waste of high volume or pollutant concentration which violates any of the specific prohibitions 

listed in 40 CFR 403.5(b)or Sections 16.09.045 or 16.09.050 of this code or that has a reasonable 

potential to 'cause Interference or Pass-Through or in any other way violate the Plant's 

regulations, Local Limits, or Sanitary Sewer System requirements or NPDES Permit conditions .. 

"Storm drains" or "storm drain system" means the system of pipes, gutters, surface 

conveyance and channels used to collect and convey storm water. 

, "Superintendent" meanS the manager of the Palo Alto Regional.Water Quality Control 

Plant, his or her designee or such other person as may be designated by the city manager. 

9 

100628 syn 6051181 
"Total Toxic Organics" or "TTO" shall mean the sum of all quantifiable toxic organic 

compound concentrations greater than 0.010 mglliter. 

"Toxic organic compound" shall mean any organic pollutant contained in 40 CPR Part 

433. 11 (e). 

"Unpolluted water" means water to which no constituent has been added, either 

intentionally or accidentally, that would render such water unacceptable for disposal to the storm 

drain system or natural drainage or directly to surface waters. . 

"Wastewater" the liquid and water-carried wastes generated by a domestic, commercial 

and or industrial facility, whether treated or untreated, discharged into or permitted to enter the 

sewer system. 

"Wet sanding" means the use of water and sandpaper for.the removal of paint. 

16.09.015 Responsibility of the superintendent. 

The Superintendent shall be responsible for the administration and enforcement of the 

provisions of this Chapter, for conducting an industrial waste source control program, and for 

promulgating such orders, rules and requirements as are necessary to accomplish the purpose of 

this article in accordance with the requirements that are or may be promulgated by the 

Environmental Protection Agency, the state of California Water Resources Control Board, the 

State Department of Health Services, the California Regional Water Quality Control Board for 

the San Francisco Bay Region or other duly authorized boards or agencies. 

16.09.020 Confidentiality. 

(a) Any information submitted to the Superintendent pursuant to this Chapter may be 

claimed as confidential by the submitter. Any such claim must be asserted at the time of 

submission by stamping the words "confidential business information" on each page containing 

such information. Information submitted prior to the inclusion of this section in the Chapter may 

be withdrawn and replaced by submittals stamped "confidential business information." lfno such 

claim is made at the time of submission the information may be made available to the public 

without further notice. 

Upon receipt of a request for the release of information to the public which includes 

information which the discharger has notified the Superintendent is claimed to be a trade secret 

or sensitive as provided herein, the Superintendent shall notify the discharger in writing of the 

request by certified mail, return receipt requested. The Superintendent shall release the 

information to the public, but not earlier than thirty days after the date of mailing the notice 6f 

the request for information, unless, prior to the expiration of the thirty-day period, the discharger 

files an action in an appropriate court for a declaratory judgment that the information is subject 

to protection under the laws of the state of California or for an injunction prohibiting disclosure 

of the information to the public and promptly notifies the Superintendent of that action. This 

10 

100628 syn 605118L 
section does not pennit a discharger to refuse to disclose the infonnation required pursuant to 

this Chapter to the Superintendent. 

(b) Infonnation and data provided to the Superintendent pursuant to this section 

which constitutes effluent or flow data, as defined at 40 CFR 2.302, shall be available to the 

public without restriction. 

( c) A discharger may be prohibited from discharging a substance unless its 

composition is made known to the Superintendent. 

16.09.025 Alternate materials and methods. 

(a) Practical Difficulties. The Superintendent is authorized to modify any of the 

provisions of this Chapter upon application in writing by the owner, a lessee or an authorized 

representative where there are practical difficulties in the way of carrying out the provisions of 

this Chapter, provided that the purpose of this Chapter, as set forth in Section 16.09.005, shall be 

complied with, and substantial justice done. The particulars of such modification and the 

decision of the Superintendent shall be entered upon the records of the plant and a signed copy 

shall be furnished to the applicant. 

(b) Alternate Materials. The Superintendent, upon application in writing by the 

owner, a lessee or an authorized representative, and on notice to the chief building official, is 

authorized to approve alternate materials or methods, provided that the Superintendent finds that 

the proposed design, use or operation satisfactorily complies with the intent of this Chapter and 

that the material, method of work perfonned or operation is, for the purpose intended, at least 

equivalent to that prescribed in this Chapter in quality and effectiveness in meeting the purposes 

of this Chapter. Approvals under the authority herein contained shall be subject to the approval 

of the chief building official whenever the alternate material or method involves matters 

regulated by any code administered by the chief building official. The particulars of any approval 

made by the Superintendent under this subsection shall be entered upon the records of the plant 

and a signed copy shall be furnished to the applicant. 

16.09.030 Limitations on point of discharge. 

No person shall discharge any substances directly into a manhole or other opening in a 

city sewer or stonn drain system, other than through an approved building sewer, or other 

location approved by the Superintendent. 

16.09.035 Prohibitions. 

Wastes discharged into the sewer system shall not have characteristics which by themselves or 

by interaction with other wastes may: 

(a) Endanger the health and safety of the public or city personnel; 

(b) Cause corrosion or other damage to the sewer system; 

11 

100628 syn 6051181 
( c) Create nuisance such as odors or coloration; 

(d) Result in extra cost of collection, treatment, or disposal; 

( e) Interfere with, inhibit or disrupt any wastewater treatment process of the plant, its 

treatment processes, sludge processes, or operations in such manner to cause violations of the 

plant's NPDES permit, Or any regulatory requirement, or result in the use of sludge in 

noncompliance with any applicable requirements. This shall include instances due to flow rate 

and/or pollutant concentration, including oxygen-demanding pollutants (BOD, etc.) and applies 

to increases in magnitude or duration of violation by the plant; 

(f) Pass through or exit the plant into waters of the United States in quantities or 

concentrations which contribute to a violation of any regulatory requirement applicable to the 

plant. This shall include increases in mag~itude or duration of any violation or period of 

noncompliance; . 

(g) Cause the temperature of the influent flow to the plant to exceed 40°C (l04°p); 

(h) Prevent, hinder, delay, or impede compliance with effluent quality requirements 

established by regulatory agencies, or exceed the same; 

(i) Cause wastewater quality to fall outside reclamation feasibility limits. 

G) Obstruct flows within the sewer system or otherwise cause or contribute to 

sanitary sewer overflows. 

16.09.040 Standards. 

(a) The following standards shall apply to all discharges to the sewer at a designated 

sampling location determined by the Superintendent to be consistent with the dilution prohibition 

contained in Section 16.09.115. 

(b) Maximum allowable limitations at the point of sampling shall be specified in each 

discharge permit, based on flow and waste stream information supplied in the discharger's permit 

application, applicable National Pretreatment Standards for process wastewaters, and other 

pertinent information. Maximum allowable limitations may be expressed both in terms of total 

mass discharged and maximum allowable limits. 

(c) The National Pretreatment Standards set forth in 40 CPR Chapter I, Subchapter N, 

Parts 405-471 shall apply to all applicable sources. The definitions and procedures for 

establishing individual effluent limitations shall be as specified therein. Nothing in this Chapter 

shall be construed as allowing less stringent limitations. 

(d) Local limitations, in addition to those specified in this section, shall be developed 

by the Superintendent based upon the prohibitions contained in Section 16.09.035. These 

limitations will be imposed on appropriate dischargers via industrial waste discharge permits or 

modifications to existing permits. 

12 

100628 syn 6051181 
( e) In addition to the requirements of ( c) and (d) above, the following requirements 

shall apply where they are more stringent: 

Parameter 

Dis!!olved sulfides 

Fluoride 

Mercaptans 

Oil & grease** 

Oil & grease (total) 

Maximum Limits* mg/liter 

0.10 

65 

0.10 

20 

200 

* Apply to both instantaneous and composite samples 

** Gravity separation at a temperature of20"C. and a pH of 4.5. 

Para 

meter 

Minimum 

limit Maximum Limit 

pH* 

*nounits 

Parameter 

5.0 

Suspended solids 

Total dissolved solids 

Maximum 

Limits* 

mglIiter 

3000 

5000 

* Apply to instantaneous samples only 

** Apply to composite samples only 

11.0 

Maximum Limits** 

mg/liter 

6000 

10000 

(t) Dyes. Wastes showing excessive coloration shall not be discharged into the sewer 

system. Excessive coloration shall be defined as any coloration in a waste which, for any wave 

length, displays less than sixty percent of the light transmissibility of distilled water under the 

following conditions: 

(1) After filtration through a 0.45 micron membrane filter; 

(2) In the pH range of 5.5 to 11.0; 

(3) Through a one centimeter light path; 

(4) A maximum spectrum band width of 10 nanometers; 

(5) Through the wave length range from 400 to 800 nanometers. 

(g) Oil and/or grease shall not be discharged into the sewer system if the average 

concentration of floatable oil and/or grease (defined as that which is subject to gravity separation 

at a temperature of 20° C. and at a pH of 4.5) exceeds twenty mg/liter; nor shall the total oil 

and/or grease concentration exceed two hundred mg/liter. In addition, the discharge of petroleum 

oil, non-biodegradable cutting oil, or products of mineral origin in amounts that cause 

interference or pass-through shall be prohibited. 

(h) Hazardous, Noxious or Malodorous Substances. No industrial waste shall be 

discharged which alone or in combination with other wastes may create a public nuisance· or 

hazard, make human entry into the sewers unsafe, or which constitutes a discharge of hazardous 

waste. 

(i) Permitted dischargers shall be required to certify at least every six months in their 

Periodic Report of Continued Compliance (PRCC) that their discharged waste does not 

constitute a hazardous waste and that during the previous six months no discharge of hazardous 

waste has occurred. Dischargers shall be required (as a condition to permission to discharge) to 

13 

100628 syn 6051181 
file with the Palo Alto fire department a current hazardous materials business plan (HMBP) 

pursuant to Title 17 of this code and to have on site copies of material safety data sheets for all 

hazardous materials stored, generated, or used at the discharger's site. Should any discharge of a 

hazardous waste occur, the discharger shall immediately verbally notify the Superintendent and 

shall also verbally notify the EP A and the Regional Water Quality Control Board as soon as 

possible, but in no event later than twenty-four hours after such discharge. The discharger shall 

also notify the Superintendent, EP A and the Regional Water Quality Control Board in writing no 

longer than 21 days after such discharge. 

(j) Records of hazardous waste disposal manifests, inventories of stored virgin and 

used hazardous materials, and other documentation required by the HMBP shall be maintained 

and made available for inspection as described in 16.09.160. 

(k) Explosives. No solids, liquids, or gases which by themselves or by interaction 

with other substances may create fire or explosion hazards, including waste streams with a 

closed cup flashpoint of less than 140°F. (60°C) shall be discharged to the sewer system. 

Flammable substances including, but not limited to, acetone, alcohols, benzene, gasoline, xylene, 

hexane and naphtha, shall not be discharged into the sanitary sewer system except where present 

in contaminated groundwater discharges being discharged under an exceptional waste permit 

issued by the Superintendent. Where groundwater discharges contain such contaminants, the 

discharger shall monitor the sewer atmosphere for explosivity and flammability using a properly 

calibrated meter designed for this purpose. The frequency of such monitoring shall be defined in 

the permit. Whenever ten percent of the lower explosive level is exceeded, the discharger shall 

immediately notify the Superintendent of the potential hazard in the sewer once the 

determination of threatened explosivity has been made. The discharger shall follow verbal 

notification within five days with a written explanation of the cause of the explosive hazard, 

corrective actions taken to alleviate the situation, and measures taken to prevent reoccurrence. 

The discharger shall not recommence discharge without prior written approval of the 

Superintendent. Where flammable substances are used in processes, separate collection and 

disposal outside the sanitary sewer system shall be provided. 

(1) Organic Solvents. Except as permitted by other sections of this Chapter, the sewer 

shall not be used as a means of disposal for organic solvents. Wastewater discharged to the 

sanitary sewer system shall not contain a sum total greater than 1000 mglliter of acetone, 

ethanol, methanol, or isopropyl alcohol, in any combination. Dischargers having organic solvents 

on site or using same shall provide and use a separate collection and disposal system outside the 

sewer system and shall provide safeguards against their accidental discharge to the sewer. An 

approved toxic organic management plan (TOMP) that includes control measures to prevent 

entry of toxic organics and other solvents into the sanitary sewer system shall be filed by the 

discharger as a condition of permission to discharge to the sanitary sewer. The TOMP shall be 

updated whenever any significant change in the inventory, usage, or management of toxic 

organic compounds occurs. The updated TOMP shall be submitted to the City for approval 

within (30) days. Records documenting appropriate disposal and handling of organic solvents 

shall be maintained and made available for inspection as described in 16.09.160. 

Organic solvents shall include, but shall not be limited to those used in dry 

cleaning establishments, and shall also include separator water generated by dry cleaning 

14 

100628 syn 6051181 
equipment. Neither the organic solvent nor the separator water may lawfully be discharged to the 

sewer or storm drain system. 

(m) Toxic Organics. The prohibition against disposal of organic solvents contained in 

16.09.040(1) may be replaced by a specific limitation on Single Toxic-Organics (STO) and Total 

Toxic Organics (TTO). Any such limitation must be contained in an industrial waste permit. 

The maximum allowable limit for TTO shall be 1.0 mglliter. The maximum 

allowable limit for STO shall be 0.75 mglliter. 

Additionally, dischargers subject to a National Pretreatment Standard shall 

comply with any toxic organics standard defined by the applicable National Pretreatment 

Standards. 

The maximum allowable limit for phenols shall be 1.0 mglliter. 

(n) Radioactivity. The discharge of radioactive wastes or isotopes into the sewer 

system is prohibited except when in conformance with all applicable state and federal 

regulations. 

(0) Solids or Viscous Substances. No material shall be discharged to the sanitary 

sewer system that will obstruct or damage the sanitary sewer system. Specific prohibitions are as 

follows: 

(1) Inert Solids. The discharge of inert solids including, but not limited to 

sand, glass, metal chips, bone, plastics, etc., into the sanitary sewer system is prohibited. Settling 

chambers or treatment works shall be installed where necessary to prevent the entry of inert 

solids into the sanitary sewer system. 

(2) Solid Particles. Industrial wastes shall not contain particulate matter that 

will not pass through a one-half-inch screen; this subsection shall not apply to domestic sewage 

from industrial establishments. 

(P) Stored Liquid Wastes. Liquid aqueous-based wastes that have been collected and 

held in tanks or containers shall not be discharged into the sanitary sewer system except at 

locations authorized by the Superintendent to collect such wastes. Wastes of this category 

include but are not limited to: 

(1) 

(2) 

(3) 

(4) 

(5) 

Chemical toilet wastes; 

Pleasure boat wastes; 

Septic tank pumping; 

Trailer, camper, house car, or other recreational vehicle wastes; 

Industrial wastes collected in containers or tanks. 

(q) Toxicity. The following is a nonexclusive list of toxic substances and the 

maximum allowable limit for each discharge: 

1006288yn 6051181 

Toxicant 

Arsenic 

Barium 

Maximum Allowable Limits 

mglliter 

15 

0.10 

5.0 

.J 
Beryllium 0.75 

Boron 1.0 

Cadmium 0.10 

Chromium, Hexavalent 1.0 

Chromium total 2.0 

Cobalt 1.0 

Copper 0.25 

Cyanide 0.50 

Formaldehyde 5.0 

Lead 0.50 

Manganese 1.0 

Mercury 0.010 

Methyl Tertiary Butyl Ether (MTBE) 0.75 

Nickel 0.50 

Phenols 1.0 

Selenium 1.0 

Silver 0.25 

Zinc 2.0 

All limits for metallic substances are for total metal unless indicated otherwise. 

For discharges with annual average flows greater than fifty thousand gallons per day 

through any single sampling location, the maximum allowable limits shall be one-half the values 

listed in the table, with the exception of copper, mercury, MTBE, nickel, and silver, for which 

the limits shall remain 0.25 mg/liter, 0.010 mg/liter, 0.75 mgllitei', 0.50 mg/liter, and 0.25 

mglliter, respectively, regardless of flow. 

The maximum allowable limit for mercury set forth in this section shall not be applicable 

to dental facilities using mercury-containing amalgam. Dental facility requirements are set forth 

in Section 16.09.220. 

The maximum allowable limit for silver set forth in this section shall not be applicable to 

photographic materials processing. Silver limitations for photoprocessors are set forth in Section 

16.09.215. 

The maximum allowable limit for zinc set forth in this section shall not be applicable to 

vehicle service facilities. Zinc limitations for vehicle service facilities are set forth in Section 

16.09.225. 

The maximum allowable limit for copper set forth in this section shall apply to all 

discharges except where maximum allowable limitations are specified in Section 16.09.045. 

16.09.045 Additional copper limitations for industrial waste. 

(a) Industrial waste discharges to the sanitary sewer system are subject to the copper 

limitations contained in Section 16.09.040(q) except for industrial waste from the following 

facilities, including facilities that are components oflarger facilities, which are subject to specific 

limitations set forth in other provisions of this Chapter. 

16 

100628 syn 6051181 
(1) Cooling systems, pools, spas, fountains, boilers and heat exchangers as 

specified in Section 16.09.205; 

(2) Photo processing facilities as specified in Section 16.09.215; 

(3) Dental facilities as specified in Section 16.09.220 and; 

(4) Vehicle service facilities as specified in Section 16.09.225; 

(6) Machine shops as specified in Section 16.09.230 and; 

(5) Non-process, non-domestic waste as specified in Section 16.09.045(c). 

(b) Industrial waste discharges to the sewer from metal finishing facilities, as defined 

by the EPA in 40 CPR part 413 and part433, shall meet either subdivision (1) or (2) of this 

subsection. These requirements shall apply to process wastes containing copper or nickel prior to 

dilution by non-metal finishing process wastes, domestic waste, and cooling water. 

(1) The annual average copper limit for any twelve month period shall not 

exceed 0040 mglliter. In addition, all reasonable control measures specified in accordance with 

standards published by the Superintendent shall be installed and implemented; or 

(2) The annual average mass of copper shall not exceed an amount specified 

by the Superintendent in the industrial waste discharge permit, which is based upon a pollution 

prevention review conducted or approved by the Superintendent. The limitation shall be based 

upon those control measures having a simple payback period of five years or less. The annual 

average mass per day shall be a "rolling" measurement, calculated by multiplying the flowweighted average copper concentration for all samples taken during any twelve month period by 

the total flow for that twelve month period. The annual average mass per day limit may be 

increased by the Superintendent in proportion to increases in production at the discharger's 

facility to the extent that such production increases are within the growth allocation specified in 

the document prepared by Montgomery Watson, and published by the City of Palo Alto, entitled . 

"City of Palo Alto-Local Limits Development - Proposed Local Limits - April, 1994." 

(c) The maximum allowable limit for discharge of copper from non-process, nondomestic waste discharges to the sanitary sewer other than those covered by subsections (a) or 

(b) shall be 2.0 mglliter. These waste discharge sources shall be designated by the 

Superintendent upon request and typically consist of infrequent, low volume, or exceptional 

wastes that are generated during maintenance, repair and cleaning activities. 

16.09.050 Grease disposal prohibited. 

No person shall dispose of any grease, or cause any grease to be disposed, by discharge 

into any drainage piping, by discharge into any public or private sanitary sewer, by discharge 

into any stonn drainage system, or by discharge to any land, street, public way, river, stream or 

other waterway 

16.09.055 Unpolluted water. 

(a) Unpolluted water shall not be discharged through direct or indirect connection to 

the sanitary sewer system unless a pennit is issued by the City. As used in this section, 

unpolluted water shall include stonn water from roofs, yards, foundation or under-drainage, 

which meets all state and federal requirements for discharge to surface waters of the United 

17 

100628 syn 6051181 
States. The Superintendent may approve the discharge of such water to the sewer system only 

when no reasonable alternative method of disposal is available. If a permit is granted for the 

discharge of such water into the sewer system, the user shall pay the applicable charges and fees 

and shall meet such other conditions as required by the Superintendent. 

(b) Non-emergency once-through cooling water from systems using potable water as 

a coolant shall not be discharged to the sanitary sewer system; provided that the Superintendent 

may approve an exception in the following instances: 

(1) For once-through cooling water used for bench top reflux or distillation or 

other similarly sized activity; or 

(2) For short term use only, upon the determination that the use is for a 

research activity for which another source of cooling is not easily available. 

16~09.060 Standards for other industrial wastes. 

The Superintendent may establish standards for any industrial wastes not specifically 

referred to in this Chapter. These standards shall be published and shall be made available to any 

person requesting a copy of the standards. 

16.09.065 'Best Management Practices (BMPs). 

The Superintendent may require the implementation of BMPs. The Superintendent may 

require submission of information to evaluate the implementation and effectiveness ofBMPs. 

16.09.070 Trucker's discharge permit. 

-. 

(a) All persons operating vacuum or pump trucks or other liquid waste transport 

trucks desiring to collect or discharge septic tank, seepage pit, chemical toilet, cesspool contents, 

or other similar liquid wastes shall be permitted by the _ County and meet the requirements in 

Santa Clara County Code, Title B Regulations, Chapter X. All such trucks discharging to the 

City sanitary sewer system shall first acquire a trucker's discharge permit from the City. 

Discharges in the City sanitary sewer system shall be only at the locations specified by the 

Superintendent. 

( c) Truck transported industrial wastes discharged to the City sanitary sewer system 

shall be only at the locations specified by the Superintendent for the specific waste. The City 

shall require payment for treatment and disposal costs or may refuse permission to discharge 

cert,ain prohibited wastes in accordance with City of Palo Alto's utilities rules and requirements. 

Denial, suspension, or revocation of such permit shall be in accordance with Sections 16.09.095 

and 16.09.100 of this Chapter. 

(d) Trucks transporting waste shall not combine loads from the different waste types 

described in (a), (b) or (c). 

( e) Records of all wastes collected or disposed pursuant to this section shall be 

maintained and made available for inspection as described in Section 16.09.160. 

16.09.075 Food service establishments. 

18 

100628 syn 6051181 
(a) Definitions 

"Black Grease" means any contents within or removed from a grease control device, 

generally consisting of brown grease combined with wastewater from toilet plumbing associated 

with the sanitary sewer. 

"Brown Grease" means any contents within or removed from a grease control device, 

generally FOG combined with non-restroom FSE wastewater. 

"Fats, Oils and Grease (FOG)" means any substance such as a vegetable or animal 

product that is used in, or is a by product of, the cooking or food preparation process, and that 

turns or may turn viscous or solidifies with a change in temperature or other conditions. 

"Food Service Establishment (FSE)" means a facility defined in California Uniform 

Retail Food Service Establishments Law (CURFFL) Section 113785, and any commercial entity 

within the boundaries of the City, operating in a permanently constructed structure such as a 

room, building, or place, or portion thereof, maintained, used, or operated for the purpose of 

storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to 

other entities, or for consumption by the public, its members or' employees, and which has any 

process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors 

that are required to be removed by a Type I or Type II hood, as defined in CURFFL Section 

113785. 

"Grease Control Device (GCD)" means a grease interceptor, grease trap or other grease 

removal device designed, constructed and intended to remove, hold or otherwise prevent the 

passage of FOG to the sanitary sewer. 

"Grease Waste Hauler Service Contract" means a contractual agreement between the City 

and a City selected and managed GCD service provider to be used by FSEs. 

"Lateral" means the drainage piping and appurtenances that constitute the building's 

connection to the City's sanitary sewer system. 

"Tallow Receptacle" means a tallow bin or equivalent waste oil/grease receptacle. 

"Twenty-five Percent (25%) Rule" means the requirement for grease control devices to 

be maintained such that the combined FOG and solids accumulation does not exceed 25% of the 

design hydraulic depth in any location of the grease control device., This is to ensure that the 

minimum hydraulic retention time and required available hydraulic volume is maintained to 

effectively intercept and retain FOG. 

"Waste Hauler" means any person permitted with the County of Santa Clara and meeting 

County of Santa Clara Code, Title B Regulations and carrying on or engaging in vehicular 

transport of waste as part of, or incidental to, any business for that purpose. 

"Yellow Grease or Tallow" means any waste FOG material generally generated as a 

byproduct from cooking. 

19 

100628 syn 6051181 
(b) Prohibitions. The following prohibitions shall apply to all FSEs: 

(1) No person shall dispose of any FOG, or cause any FOG to be disposed, by 

discharge into any drainage piping, public or private sanitary sewer, storm drain system, or onto 

any land, street, public way, river, stream or other waterway. 

(A) Discharge of any GCD contents or materials released during sewer 

pipe or lateral cleaning is prohibited. 

(B) Disposal of waste cooking oil into drainage pipes is prohibited. 

( c) FSE staff shall not remove the contents of GCDs. The contents of GCDs shall 

only be removed by permitted waste haulers. 

(d) No FSE shall install, have installed, or use a food waste disposer (grinder). 

( e) No FSE shall connect any high temperature discharge lines or drainage fixtures 

that are not a source of FOG to a GCD. Such shall include, but not be limited to, 

the following: 

(1) Dishwashers; 

(2) Steamers; 

(3) Pasta cookers; 

(4) Hot discharge lines from buffet counters and kitchens; 

(5) Hand washing sinks; 

(6) Ice machine drip lines; 

(7) Soda machine drip lines; 

(8) Discharge lines in bar areas. 

(f) No FSE shall operate a GCD where FOG and solids accumulation exceed 25% of 

the design hydraulic depth of the GCD (25% rule). 

(g) No FSE shall introduce any additives into GCDs and/or FSE wastewater systems 

to biologically/chemically treat FOG, fot FOG remediation, to emulsify FOG, or as a supplement 

to GCD maintenance, unless the Superintendent grant~ prior written consent. Biological or 

chemical treatment of FOG includes, but is not limited to, systems or additives, such as solvents 

or enzymes that dissolve or mobilize FOG. 

(h) No FSE shall discharge wastes from toilets, urinals, ash basins, and other fixtures 

containing sanitary sewage materials to sewer lines draining to aGeD. 

(i) No FSE shall allow soap or soapy water to flow to the storm drain system. 

G) No FSE shall allow wastewater generated from cleaning of equipment or outside 

surfaces containing FOG or food residue to flow to the storm drain system. 

(k) Best Management Practices (BMPs). FSEs shall implement BMPs to prevent 

20 

100628 syn 6051181 
FOG discharge to the sanitary sewer and to prevent non-stonn water discharges to the stonn 

drain system. All FSEs shall implement and incorporate BMPs into their operations in 

accordance with the Superintendent's guidelines, requirements and directives. The 

Superintendent may require submission of infonnation to evaluate the implementation of BMPs. 

At a minimum the following BMPs shall be implemented by FSE's: 

(1) Dishwashing. FSE's shall remove food from preparation and service items 

prior to washing. Food waste shall not be disposed in sinks or drains. The FSE shall dispose of 

all food waste directly into the trash or food scrap container by physically removing the food 

waste with scrapers, towels, paper towels, rubber spatulas, or other effective methods prior to 

using water to rinse off plates, dishes, pots, pans, containers, utensils, etc. 

(2) Equipment Cleaning. 

(A) Drain Screens. Screens shall be installed in all sinks, drains, floor 

drains, floor sinks, dishwashers, etc. The screens shall be frequently inspected and cleaned by 

disposing waste into the trash or food scrap container to prevent FOG and food buildup. 

(B) Cleaning Wastewater. Wastewater generated from cleaning FOG 

contaminated items such as large kitchen equipment, floor mats, floors, exhaust hoods and 

filters, grills, trash, recycling, and food scrap containers, and tallow receptacles; or from any 

washing of items such as plates, dishes, pots, pans, containers or utensils that occurs other than in 

an automatic dishwasher shall not be discharged to the sanitary sewer unless it flows through a 

GCD. 

(C) Exhaust hood and vent grease collection devices. All such 

collection devices, including but not limited to grease cups on roofs, in hoods and removable 

filters, shall be properly maintained at a frequency sufficient to prevent spills and overflows. 

Collected waste oil/grease shall be disposed of in a tallow receptacle. 

(3) Stonn water pollution prevention. 

(A) Routinely inspect and dry sweep as necessary outside areas such as 

walkways, dining areas and waste storage areas to prevent stonn water pollution. 

(B) Routinely inspect waste collection containers to verify that covers 

are in place and that container and surrounding areas are clean and free of FOG and food residue, 

debris and leaks. Such containers include, but are not limited to, trash, recycle, food scrap and 

tallow receptacles. If FOG or food residue, debris, or leaks are found the FSE shall immediately 

take action to correct the noncompliance. This may include, placing cover(s) on containers and 

receptacles, cleaning up FOG or food residues or spills in the surrounding areas or contacting the 

appropriate vendor for container or receptacle repair/replacement. 

(C) If any outdoor surfaces with FOG or food residue require cleaning, 

first sweep or physically remove excess residue, next use a mop and bucket, then discharge 

waste mop water through a GCD. 

(D) Any wastewater generated from outdoor cleaning of equipment 

and outdoor surfaces with FOG or food residue shall be captured and disposed of into the 

sanitary sewer. If the wastewater contains FOG, it shall be disposed through a GCD prior to 

release to the sanitary sewer system. 

21 

100628 syn 6051181 
(4) FOG Transporting. FSEs shall properly dispose of waste oil and grease 

into a tallow receptacle. Waste FOG shall be transported in a covered container. Appropriate 

measures shall be taken to prevent spills. Any spills shall be immediately cleaned using methods 

described in this Section. 

(5) Cleaning with Dry Methods. Dry cleaning methods shall be used inside 

and outside to clean up FOG spills. Pick up liquids or FOG with rags or absorbent material. 

Sweep up absorbent material and dispose of it in the trash. Regularly use dry methods to clean 

near fryers and other locations where FOG may spill or drip. Clean up all FOG spills prior to 

mopping. 

(6) Drain Fixture Identification. All non-restroom drainage fixtures shall be 

labeled with their discharge location. Fixtures draining to GCDs shall be clearly labeled "drains 

to grease control device" or equivalent. Fixtures draining to the sanitary sewer that do not drain 

through a GCD shall be labeled "drains to sanitary sewer" or equivalent. A list of all nonrestroom drainage fixtures and their discharge locations shall be maintained onsite. 

(1) Training. 

(1) All FSEs shall take necessary steps to inform appropriate personnel 

employed by such FSEs of the provisions of this Section. 

(2) Such personnel shall include workers and supervisors whose duties pertain 

in any manner to the production, treatment or disposal of waste discharges regulated by this 

Section. 

(3) Steps to inform such personnel shall include but not be limited to: 

(A) Orientation of newly employed or assigned personnel; 

(B) Quarterly training of all appropriate personnel; 

(C) Posting of signs or posters in work areas indicating BMPs. 

(4) All training/orientation shall be documented and employee signatures 

retained indicating each employee's attendance and understanding of the regulations reviewed. 

These records shall be maintained and made available for inspection as described in Section 

16.09.160. 

(m) FOG Pretreatment Required. FSEs shall install, operate and maintain an approved 

type and adequately sized GCD sufficient to maintain compliance with the objectives of this 

Section. The GCD shall be adequate to separate and remove FOG contained in wastewater from 

the FSE prior to discharge into the sanitary sewer system. Fixtures, equipment, and drain lines 

located in food preparation and cleanup areas of FSEs that are sources of FOG shall be 

connected to GCDs. Compliance shall be established as follows: 

(1) GCD Requirements. 

(A) GCD shall be sized equal to or greater than the minimum size set 

forth in the following table based on the number of Drain Fixture Units (DFU) draining to the 

GCD. 

22 

100628 syn 6051181 
Sizing Criteria: 

Grease Control Device (GCD) Sizing 

DFUs 

&-

21 

35 

90 

172 

216 

Drain Fixture 

Pre-Rinse Sink 

GCD Volume (gallons) 

500 

750 

1,000 

1,250 

1,500 

2,000 

DFUNumber 

4 

3 Compartment Sink 

2 Compartment Sink 

Mop Basin 

3 

3 

3 

Prep Sink 3 

Floor Drain 2 

Floor Sink 2 

(B) GCDs smaller than 500 gallons may be allowed with written 

approval by the Superintendent, provided that the proposed design satisfactorily complies with 

the intent of this Chapter. ~ 

(C) All in-ground GCDs greater than 750 gallons shall have a 

minimum of three manholes to allow visibility over inlet piping, baffle (divider) piping and 

outlet piping, and to ensure accessibility for inspection, cleaning and removal of all contents. The 

Superintendent may permit deviance from this requirement in writing prior to GCD installation, 

provided that the proposed design satisfactorily complies with the intent of this Chapter. 

(D) FSEs shall install GCDs ina suitable location to allow easy access 

for inspection, cleaning and maintenance. 

(E) Sample boxes shall be installed downstream of all gravity grease 

interceptors as defined in the 2007 California Plumbing Code. 

(F) Laterals installed between a FSE and GCD, and GCD and the 

sanitary sewer system sewer main shall include installation of two way ( double) clean outs to 

allow access points for sewer line maintenance and inspection. 

(2) GCD Connections 

(A) All drainage fixtures where FOG may be discharged shall drain to 

a GCD. Such fixtures include, but are not limited to: 

(i) Pre-rinse (scullery) sinks; 

(ii) Three compartment sinks (pot sinks); 

(iii) Drainage fixtures in dishwashing room except for 

dishwashers; 

(iv) Trough drains (small drains prior to entering a dishwasher), 

small drains on busing counters adjacent to pre-rinse sinks or silverware soaking sinks; 

(v) Floor drains in dishwashing area and kitchens; 

23 

100628 syn 6051181 
drains/sinks; 

(vi) Prep sinks; 

(vii) Mop Ganitor) sinks; 

(viii) Drains in outside areas designated for equipment washing. 

These drains must be covered; 

(ix) Drains in trash/recycling enclosures; 

(x) Wok stoves, rotisserie ovenslbroilers or other FOG 

generating cooking equipment with drip lines; 

(xi) Kettles and tiltibraising pans and associated floor 

(B) FSEs shall have a sink or other area connected to a GCD for 

cleaning floor mats, containers, exhaust hood filters and equipment. The sink or cleaning area 

shall be large enough to clean the largest mat or piece of equipment. 

(n) Grease control device maintenance requirements. 

(1) GCD and sewer line maintenance requirements. 

(A) GCDs shall be maintained in efficient operating condition by 

periodic removal of the full contents of the GCD which includes wastewater, accumulated FOG, 

floating materials, sludge and solids. 

(B) All GCDs shall be kept in good repair, functioning properly and 

maintained in continuous operation according to manufacturer's guidelines and the 

Superintendent's requirements and directives. 

(C) If a FSE utilizes automatic or mechanically cleaned GCDs its staff 

shall perform daily cleaning and maintenance. 

(D) All existing and newly installed GCDs shall be maintained in a 

manner consistent with a maintenance frequency approved by the Superintendent pursuant to this 

Section. 

(E) Sewer lines to and from GCDs shall be kept in good repair and 

clear of any FOG accumulation. 

(F) No FOG that has accumulated in a GCD shall be allowed to pass 

into any sewer lateral, the sanitary sewer system, storm drain system, or public right of way 

during maintenance activities. 

(G) All FOG discharged during GCD or FSE sewer line cleaning and 

maintenance shall be captured. Any FSE that has their kitchen grease waste lines, GCD exit lines 

and or laterals cleaned by jetting or hydro-flushing shall capture the contents prior to discharge. 

Such contents shall be contained, removed and disposed of by a waste hauler. 

(H) All GCDs shall be completely cleaned out and left empty by a City 

permitted waste hauler prior to the closure of a FSE, the associated building or a change in 

ownership. In the event the tenant cannot be located the building owner shall assume 

responsibility for cleaning the GCDs. 

(I) Logs shall be kept for all GCD cleaning and maintenance 

activities. The required records shall be maintained and made available for inspection as 

described in 16.09.160. 

24 

100628 syn 6051181 
(2) GCD Maintenance Frequency. 

(A) The GCD maintenance frequency shall be set so as to ensure that 

the minimum hydraulic retention time and required available hydraulic volume is maintained to 

effectively intercept and retain FOG and minimize the passage of FOG to the sanitary sewer 

system. All GCDs shall be maintained to achieve compliance with this Section. When the 

cleaning frequency to comply with the 25% rule has not yet been established, unless otherwise 

directed by the Superintendent, the following minimum cleaning frequencies shall be 

implemented: 

(i) Grease interceptors (gravity grease interceptors) greater 

than 100 gallons shall have all their contents removed at a minimum once every three months; 

(ii) Grease traps (hydro-mechanical grease interceptors) shall 

have their contents removed at a minimum once every month; 

(iii) Automatic or mechanical self cleaning GCDs shall have 

their contents completely removed at a minimum once every six months. 

(B) The Superintendent may modify GCD maintenance frequencies at 

any time to reflect changes in operating conditions. 

(i) The owner/operator of a FSE may at any time submit a 

request to the Superintendent requesting a change in the maintenance frequency. The FSE has 

the burden of demonstrating that the requested change in frequency reflects actual operating 

conditions based on the average FOG accumulation over time and meets the requirements of this 

Section. Upon determination by the Superintendent that the requested revision is justified, the 

FSE shall adjust its GCD maintenance frequency accordingly. 

(C) If the GCD, at any time, contains FOG and solids accumulation 

that does not meet the requirements described in this Section, the FSE shall have the GCD 

serviced immediately such that all wastewater, FOG, solids, and other materials are completely 

removed from the GCD. 

(3) Grease waste hauler. 

(A) All grease waste haulers servicing GCDs in the City shall comply 

with the requirements set forth in the Palo Alto Municipal Code Section 16.09.070, Trucker's 

discharge permit. 

(B) If the Grease Waste Hauler Service Contract program has been 

implemented, FSEs shall use the Grease Waste Hauler Service Contract service provider for 

routine cleaning and maintenance of their onsite GCDs. Grease waste haulers not selected as 

service providers for the contract may not provide routine cleaning and maintenance of GCDs. 

(C) If the Grease Waste Hauler Service Contract program has not been 

implemented, the FSE shall retain the services of a permitted grease waste hauler. 

(D) Waste haulers disposing at the RWQCP shall not mix brown 

grease loads with different types of wastes such as septic, yellow grease, black grease, or any 

other waste. Each waste hauler vehicle shall be dedicated to each type of liquid waste. If a GCD 

is found to contain black grease, the waste hauler shall immediately notify the Superintendent. Its 

entire contents shall be collected and disposed of at the RWQCP, exact disposal location shall be 

determined by the. Superintendent. 

25 

100628 syn 6051181 
(E) Waste haulers servicing GCDs shall remove the entire contents of 

the GCD including all FOG, water, and solids. The sides and structures shall be scrapped or 

otherwise cleaned sufficiently to restore capacity and allow inspection of the device. 

(F) Waste haulers servicing GCDs within the RWQCP service area 

shall not reinsert or discharge into a GCD, manhole, cleanout, or other sanitary sewer 

appurtenance any materials that the waste hauler has removed from a GCD or cause those 

materials to be so handled. The waste hauler shall obtain prior written approval from the 

Superintendent to decant when using appropriate equipment for the separation of water from the 

FOG waste. 

(G) Waste hauler manifest shall contain at a minimum the following: 

(i) Name and address of site serviced; 

(ii) Service date and time; 

(ii) Hauler name and truck ID; 

(iv) Volume collected; 

(v) GCD observations and comments; 

(vi) Disposal site and date; 

(vii) Driver signature. 

(0) Tallow Receptacles. 

(1) Collection of waste cooking oil and grease. 

(A) Tallow receptacles shall be in place at the location of any FSE that 

generates waste oil or grease. Waste oil or grease generation includes, but is not limited to, the 

following equipment or activities: 

(i) Fryers 

(ii) Rotisserie ovens not connected or draining to a GCD; 

(iii) Any other type of oil and grease waste created by cooking; 

(iv) Cleaning of FOG contaminated equipment; 

(v) Waste FOG from automatically or mechanically cleaned 

GCDs which require FSE staff maintenance. 

(B) At the Superintendents ,request, the FSE shall relocate tallow 

receptacles to an indoor or covered location to mitigate storm ~ater pollution. 

(2) Tallow hauler. 

(A) Tallow haulers servicing FSEs shall immediately clean up any 

spills occurring during service. 

(B) Tallow receptacles delivered for service shall be free of exterior 

FOG. 

(P) Requirements for Recordkeeping. 

Records shall be maintained and made available for inspection as described in Section 16.09.160. 

Such records shall include, but not be limited to, the following: 

(1) GCDs: 

26 

100628 syn 6051181 
(A) Waste hauler manifests 

(B) Logbook documenting all GCD maintenance and monitoring 

activities including FOG and solids accumulation measurements. 

(2) Tallow Receptacles: 

(A)Maintenance records indicating Serv1.ce, cleaning, repair, and/or 

replacement. 

(B) Spill log indicating date and time of any spills and cleanups. 

(3) Plumbing: 

(A)Any sewer line maintenance and monitoring records including cleaning 

and videos of facility sewer pipes or laterals. 

(B)Records of any sanitary sewer overflows, backups or spills. 

(4) All training/orientation records. 

(5) Any other information deemed appropriate by the Superintendent to 

ensure and document compliance with this Section 

(q) Requirements for remodeled and newly constructed FSEs. 

(1) Dischargers of FSE wastewater from newly constructed or converted 

commercial and industrial facilities shall be in full compliance with the provisions of this Section 

at the time of commencement of discharge. . 

(2) Buildings that house FSEs shall include a covered area for all receptacles, 

dumpsters, biris,. barrels, carts or containers used for the collection of trash, recycling, food 

scraps and waste cooking FOG or tallow. The areas shall be designed to prevent water run-on to 

the area and runoff from the' area. Drains that are installed within waste storage areas are 

optional. Any drain installed shall be connected to a GCD. If tallow receptacle(s) are to be stored 

outside then an adequately sized, segregated space for tallow receptacle(s) shall be included in 

the covered waste storage area. These requirements shall apply to remodeled or converted 

facilities to the extent that the portion of the facility being remodeled or converted is related to 

the subject of the requirement. 

(r) Accidental or threatened storm drain system discharges. For all unauthorized or 

prohibited releases to the storm drain systems including sanitary sewer overflows and threatened 

discharges to the storm drain system, the responsible party shall comply with Section 16.09.165. 

(s) FSE Inspection and Monitoring. All FSEs shall be subject to the regulations 

contained in Palo Alto Municipal Code Section 16.09.110. 

16.09.080 Industrial waste discharge permit. 

(a) It is unlawful for any person or organization to discharge or cause to be 

discharged any industrial waste whatsoever directly or indirectly into the sanitary sewer system 

without first obtaining a permit for industrial waste discharge pursuant to this Section. 

Appropriate fees for such permits are specified in a utility rate schedule of the Palo Alto utilities 

rates and regulations. Furthermore, it shall be unlawful for any person or organization to 

27 

100628 syn 6051181 
discharge any industrial waste in excess of the quantity or quality limitations or to violate any 

other requirement set forth in this Chapter or in a permit for industrial waste discharge. 

(b) A discharger may submit an advance written request to discharge prohibited 

wastes not in conformance with this Chapter or wastes containing concentrations of substances 

or characteristics in excess of those permitted by this Chapter. Discharge of such wastes shall not 

be allowed without an exceptional waste permit duly issued. 

(c) The Superintendent may authorize a discharger by permit to discharge 

"exceptional wastes" when the permit will neither result in a violation of any of the provisions of 

this Chapter nor cause any of the effects described in Section 16.09.035 of this code nor any 

violation of the Pretreatment Requirements. The City shall be compensated for any costs it incurs 

in authorizing such discharge including any expense in determining whether such discharge is 

compatible with the sanitary sewer system and is in compliance with the Pretreatment 

Requirements. 

(1) Permission to discharge exceptional waste may either be given as an 

addendum to a current permit or by a separate permit. In the case of third parties requesting 

permission to discharge waste generated by another party, or the products of treating waste 

generated by another party, the waste generator or responsible party must submit a "designation 

of authorized representative" (DOAR) form to the Superintendent to authorize the third 'party to 

conduct business and sign reports on their behalf. However, certification that the waste as 

discharged does not constitute a hazardous waste and the permit and permit application must be 

signed by such waste generator or responsible party. 

(2) Exceptional wastes are aqueous wastes that may include but are not 

'limited to: 

(A) Construction site dewatering where soil or groundwater 

contamination is present; 

(B) Groundwater contaminated with organic solvents generated as a 

result of pump tests in preparation for a groundwater cleanup or water generated during sampling 

events; 

(C) Aqueous wastes generated by either permanent or mobile 

hazardous waste treatment units used to treat hazardous waste at the generator's site; 

(D) Or aqueous wastes generated as a result of site cleanup activities. 

(3) A permit must be obtained prior to commencement of discharge, and 

requests for such permits shall be submitted no later than twenty working days prior to intended 

discharge. The letter of application shall include the name, address, phone number and title of the 

responsible party, on-site contact person's name, address, and twenty-four-hour contact phone 

number, analytical data on the contaminants and characteristics of the intended discharge, the 

intended point of discharge, the duration and volume, dates of intended discharge, and a site 

plan. 

(4) A separate charge for processing such requests shall be established by the 

Superintendent to recover the City's costs in processing and administering such permits. 

(d) The permit for any industrial waste discharge may include, but is not limited to: 

28 

100628 syn 6051181 
(1) A specific date upon which it will expire, not to exceed five years from the 

effective date of the pennit; 

(2) Requiring installation and maintenance of pretreatment technology, 

pollution control, or construction of appropriate containment devices, designed to reduce, 

eliminate, or prevent the introduction of pollutants into the sanitary sewer system or storm drain 

system and compliance schedules for meeting these requirements; 

(3) Effluent limitations; 

(4) Self monitoring, sampling, reporting, notification and record keeping 

requirements; 

" (5) Prohibition of discharge of certain wastewater components; 

(6) Installation and maintenance of inspection, sampling and flow 

measurement equipment and facilities; 

(7) ,Limits on average or maximum rate of discharges; 

(8) Restriction of discharge to certain hours of the day; 

(9) Requiring payment of additional charges to defray increased costs to the 

City created by the wastewater discharge; 

(10) Implementation ofBMPs or specific investigations or studies to determine 

methods of reducing toxic constituents in the discharge; 

(11) Other conditions as may be required to meet the purpose of this Chapter. 

(e) No permit for industrial waste discharge is transferable without the prior written 

consent of the Superintendent. A change of ownership (including a transfer of the majority of 

shares in a corporate discharger) of the waste generating facility requires a new permit 

application. 

(f) Any person or organization desiring to change the quantity or quality of waste 

discharged to the sanitary sewer system or to discharge wastes or use facilities which are not in 

conformance with their· industrial waste permit shall apply for and obtain an amended permit 

prior to any such discharge or use. An application for an amended pennit must be filed sixty days 

in advance of the proposed commencement of such discharge or use of such facilities. 

(g) Compliance with the discharger's permit does not relieve the discharger of 

responsibility for compliance with all applicable Federal and8tate Pretreatment Standards, 

including those which become effective during the term of the discharge pennit. 

16.09.085 Industrial wastes discharge permit procedure. 

(a) An applicant for a permit for any industrial waste discharge shall complete and 

submit an application form established by the Superintendent. The Superintendent may require 

information in addition to that required on the application form as deemed reasonable or 

necessary to evaluate the application. Interested parties shall be notified of the filing of the 

application via posting at city hall or on the city web page. 

(b) All wastewater discharge permit applications, user reports and certification 

statements must be signed by an authorized representative. 

29 

100628 syn 6051181 
( c) Completed application fonns shall be filed by the discharger not less than sixty 

days in advance of commencing discharge. The discharger shall not commence discharge prior to 

permit approval without specific, interim approval from the Superintendent to discharge during 

the permitting process. . 

(d) Determination of National Pretreatment Category according to the Pretreatment 

Requirements. Prior to approval· of a discharge permit, the Superintendent shall determine 

whether the discharge is subject to the National Pretreatment Standards provided in the 

Pretreatment requirements. The determination will be made by the Superintendent following the 

guidelines and procedures of that subpart. 

( e) The Superintendent may impose terms and conditions on the permit which the 

Superintendent deems reasonable or necessary to carry out the purposes of this Chapter. 

(t) The application shall be approved if: 

(1) The applicant has complied with all requirements of this Chapter and all 

applicable city ordinances, state and federal requirements; 

. (2) The applicant has furnished all requested infonnation; 

(3) The Superintendent determines that there are adequate devices, equipment, 

chemicals, and other facilities to sample, meter where desirable, convey, treat, and dispose of the 

industrial wastes; and 

(4) The person(s) to be responsible for treatment and control are adequately 

trained and capable of consistently meeting pennit requirements. 

(g) Interested parties shall be notified of the issuance of permits via posting at city 

hall or on a city web page. Interested parties and other members of the public may appeal the 

issuance of a pennit within forty-five days of issuance and request a hearing on the matter. The 

hearing procedures contained in Section 16.09.100 shall be followed. The permit effective date 

shall not be postponed solely because of the filing of an appeal. 

16.09.090 Requirements for facilities affected by National Pretreatment Standards. 

In the event that an industrial waste discharge permit holder or applicant is determined to 

be affected by a newly promulgated National Pretreatment Standard or an existing discharge 

permit holder is reclassified as being subject to the National Pretreatment Standards provided in 

the Pretreatment Requirements due to process changes, or an inspection reveals the presence of 

regulated processes, or new infonnation becomes available that justifies or requires a 

reclassification, the discharger shall: 

(a) File a Baseline Monitoring Report (BMR) per the requirements specified in 40 

CFR 403.12(b) within ninety days of the effective date of a National Pretreatment Standard or 

reclassification. 

(b) If additional pretreatment, operational, or maintenance procedures, or installation 

of facilities, equipment or improvements will be required to comply with the National 

Pretreatment Standard, the discharger shall include a compliance time schedule per the 

30 

1006288yn 6051181 
requirements specified in 40-CFR 403.12(c) which specifies the shortest feasible schedule by 

which the discharger shall provide such additional pretreatment procedures or facilities, 

equipment or improvements to attain compliance. For purposes of Pretreatment requirements, the 

completion date in this schedule shall not be later than the established compliance date provided 

by the applicable Pretreatment Requirements. 

(c) File a Compliance Report per the requirements specified in 40 CFR 403.12(d) 

within ninety days of the date for final compliance with applicable National Pretreatment 

Standards or in the case of a New Source within ninety days following the date commencement 

of the introduction of wastewater into the sanitary sewer system. The Compliance Report shall 

state the average and maximum daily flow in gallons per day to the sanitary sewer system and 

shall contain sampling results from National Pretreatment waste streams and shall contain a 

certification statement prepared according to the requirements specified in 40 CFR 403. 12(b)(6). 

16.09.095 Modification, suspension or revocation of industrial wastes discharge permit. 

(a) Any permit for industrial wastes discharge may be revoked, made subject to 

additional terms or conditions, modified or suspended by the Superintendent in addition to other 

remedies provided by law, for good cause, including, but not limited to, the following: 

(1) To incorporate any new or revised federal, state, or local Pretreatment 

Standards or requirements; 

(2) To address significant alterations or additions to the discharger's 

operation, processes, or wastewater volume or character since the time of the individual 

wastewater discharge permit issuance; 

(3) To address a change in the plant that requires either a temporary or 

permanent reduction or elimination of the authorized discharge; 

(4) To stop a discharge or a threatened discharge which presents a hazard or a 

threat of hazard to the sanitary sewer system, plant, personnel, public health, safety, welfare, 

natural environment, the receiving waters or which violates this Chapter; 

(5) For violation of any terms or conditions of the discharge permit; 

(6) For misrepresentations or failure to fully disclose all relevant facts in the 

discharge permit application or in any required reporting; 

(7) For revision of or a grant of variance from categorical Pretreatment 

Standards; 

(8) To correct typographical or other errors in the individual wastewater 

discharge permit; 

(9) To reflect a transfer of the facility ownership or operation to a new owner 

or operator where requested in accordance with Section 16.09.080(e); or 

(10) To implement programs or policies required or requested of the City by 

appropriate state or federal regulatory agencies. 

(b) Any discharger notified of the Superintendent's intent to revoke, make subject to 

additional terms or conditions, modify, or suspend the discharger's permit shall immediately 

comply with directives of the Superintendent or cease and desist the discharge of all industrial 

wastes or such portion of said wastes as will eliminate the wrongful discharge to the sanitary 

31 

100628 syn 6051181 
sewer system pending any hearing that the discharger may request as set forth in Section 

16.09.100 of this Chapter. 

(c) The Superintendent shall reissue or reinstate any industrial wastes permit or 

modified permit upon proof of satisfactory ability to comply andlor compliance with all 

discharge requirements, and the payment of any costs, fines, or penalties which may be assessed. 

The Superintendent may require any permit holder to develop and implement a compliance 

schedule for any proposed modification to permit terms and conditions. 

16.09.100 PerDiit issuance, denial, modification, revocation, or suspension hearing. 

(a) The discharger shall have at its request, a hearing before the city manager, or their 

designee, before the industrial wastes permit application is issued, denied, or the permit is 

revoked, made subject to additional terms or conditions, modified or suspended. 

(b) The Superintendent shall give the industrial waste discharger applicant or permit 

holder ten calendar days' written notice of intent to issue or deny the application or to revoke, 

make subject to additional terms or conditions, modify or suspend the discharger's permit. The 

Superintendent shall post a copy of such notice at city hall or on the city web site for interested 

persons. The notice shall set forth specifically the grounds for the Superintendent's intention to 

deny, revoke, or suspend and shall inform the applicant or permit holder or members of the 

public that they have ten days from the date of receipt of the notice to file a written request for a 

hearing. The application shall be issued or denied or the permit shall be revoked, modified or 

suspended if a hearing request is not received within the ten day period. 

(c) If the applicant or permit holder or interested party or parties file(s) a timely 

hearing request, the city manager, or their designee, shall within ten calendar days from the 

receipt of the request, set a time and place for the hearing. All parties involved shall have the 

right to offer testimonial, documentary, and tangible evidence bearing on the issues and to be 

represented by counsel. The decision of the city manager, or their designee, whether to issue or 

deny the application or revoke, make subject to additional terms and conditions, modify or 

suspend the permit shall be final. 

16.09.105 Waste sampling locations. 

When directed by the Superintendent, establishments from which industrial wastes are 

discharged to the sanitary sewer system shall provide and maintain one or more sampling 

locations or metering devices or volume and flow measuring methodologies or other sampling 

and measuring points approved by the Superintendent which will allow the separate measuring 

and sampling of industrial and domestic wastes. Unless otherwise approved by the 

Superintendent, domestic and industrial waste shall be kept completely separated upstream of 

such sampling locations andlor measuring points. Establishments that are billed for sewer service 

on the basis of sewage effluent constituents shall provide a suitable means for sampling andlor 

measurement of flow to determine billing constituents in accordance with the utilities rules and . 

requirements. Sampling locations shall be so located that they are safe and accessible to the 

Superintendent at any reasonable time during which discharge is occurring. 

32 

100628 syn 6051181 
16.09.110 Discharger monitoring. 

(a) The Superintendent may conduct all inspection, surveillance, and monitoring 

procedures necessary to assure compliance with applicable sections of this Chapter or with 

federal or state requirements. 

(b) The Superintendent shall be authorized to enter, without unreasonable delay, any 

premises of any discharger to carry out inspections, surveillance and morrltoring to assure 

compliance with this Chapter and applicable federal, state and local requirements. Records shall 

be maintained and made available for inspection as described in Section 16.09.160. 

(c) In addition to any other remedy available to the City, the Superintendent may 

issue a Notice of Non-Compliance at the time of the inspection to require the discharger to 

implement actions that will correct violations of this Chapter or the permit. Such directive shall 

be considered as an additional condition on the dischargers' permit and may be reviewed as 

provided in Section 16.09.100. 

(d) Prior to final closure of any industrial or commercial facility, the Superintendent 

may require cleaning, inspection and/or testing of the facility's sanitary sewer lines, 

appurtenances and/or devices to ensure that the integrity of the sewer lines has not been 

compromised and to determine the quantity and pollutant content of sediments. Inspection and/or 

testing to ensure the integrity of sewer lines may be required when the facility's discharge history 

includes pH fluctuations, or when past discharges may have compromised or call into question 

the integrity of the sewer lines. Inspection and/or testing to determine the quantity and pollutant 

content of sediments may be required when the facility's type of operations and pollutant content 

of discharges make the presence of contaminated sediments likely. Inspection and testing may 

include, but not be limited to, pressurized testing, smoke testing, video camera inspection, and/or 

analytical testing of sediments for pollutants regulated by the facility's discharge permit. Where 

contaminated sediments or compromised sewer lines are identified, responses may include, but 

not be limited to, requiring replacement of compromised sewer lines and requiring removal of 

contaminated sediments from sewer lines. In lieu of analytical testing, facilities may elect to 

remove sediments from sewer lines in a manner approved by the Superintendent. For the 

purposes of this section, "final closure" means closure of an industrial or commercial facility 

when an entire building is being vacated by the current operator, or when the uses of an entire 

building will no longer include use of hazardous materials. 

16.09.115 Prohibition against dilution. 

Except where expressly authorized to ... do so by the Superintendent or an applicable 

National Pretreatment Standard provided in the Pretreatment requirements, no discharger shall 

increase.the use of process water, combine waste streams or in any other way, dilute a discharge. 

In addition, no discharger shall dilute process waste streams as a partial or complete substitute 

for adequate treatment to achieve compliance with such National Pretreatment Standard or any 

other requirement of this Chapter. 

16.09.120 Discharger self-monitoring. 

33 

100628 syn 6051181 
(a) The Superintendent may require the discharger to conduct a wastewater sampling 

and analysis program of a frequency and type sufficient to demonstrate compliance with the 

requirements of this Chapter. The discharge permit shall specify the minimum frequency and 

type of samples, flow monitoring, measuring, and analyses to be conducted by the discharger. 

Additional monitoring may be required by the Superintendent for violation follow-up or as part 

of a notice of noncompliance or other enforcement response. If a discharger subject to reporting 

requirements monitors any regulated pollutant at a designated sampling location more frequently 

than required, the results of this monitoring shall be reported. 

(b) The Superintendent may specify the type of sampling equipment and flow 

monitoring equipment that must be installed and used. Flow monitoring equipment installed at a 

permitted discharger's sampling locations shall be calibrated at a frequency of at least once per 

year or at the frequency recommended by the manufacturer. pH monitoring equipment installed 

at a permitted discharger's sampling locations shall be calibrated at a frequency of at least once 

every six months or more frequently if recommended by the manufacturer. 

( c) Information submitted to satisfy reporting requirements shall be based on data 

obtained through appropriate sampling and analysis performed during the period covered by the 

report, based on data that is representative of conditions occurring during the reporting period. 

(d) All pollutant sampling techniques, analyses, and information to be included in 

self-monitoring reporting, submitted as part of a BMR, wastewater discharge permit application, 

or report, shall be performed in accordance with 40 CFR Part 136, 40 CFR 403.12(g) and 

amendments thereto, unless otherwise specified in an applicable categorical Pretreatment 

Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant 

in question, or where the EPA determines· that the Part 136 sampling and analytical techniques 

are inappropriate for the pollutant in question, sampling and analyses shall be performed using 

validated analytical methods or any other applicable sampling and analytical procedures 

suggested by the Superintendent or other parties approved by the EP A. Samples shall be 

analyzed at the discharger's expense, by a laboratory accredited by the State of California 

Department of Public Health for such analysis. 

(e) The detection limit used by the discharger for those substances reported as nondetectable shall be no greater than one-tenth the lowest applicable effluent limit. 

(t) The discharger shall monitor for the toxic organic compounds specified in the 

National Pretreatment requirements applicable to the discharger. 

(g) The Superintendent may determine which additional toxic organic compounds 

shall be monitored based on those toxic organics that are representative and expected to be 

present. Permitted dischargers who file a toxic organic management plan, per the guidelines 

established by the Superintendent, may analyze a subset of the additional toxic organic 

compounds to demonstrate compliance with the local limits for Single Toxic Organic (STO) and 

Total Toxic Organics (TTO) when specified in a discharge permit issued by the Superintendent. 

(h) The Superintendent may require self-monitoring for facilities for which a permit 

has not been issued. 

34 

100628 syn 6051181 
(i) All records generated pursuant to this section shall be maintained and made 

available for inspection as described in Section 16.09.160. 

16.09.125 Maintenance and operation of pollution control and monitoring equipment. 

(a) The discharger shall, at all times, properly operate and maintain all facilities and 

systems of treatment, disposal, monitoring and control (and related appurtenances) which are 

installed or used by the discharger to achieve compliance with this Chapter and/or its wastewater 

discharge permit. All required procedures shall be described in an Operations and Maintenance 

Manual. The discharger shall keep in a state of readiness all systems necessary to achieve 

compliance with the conditions of this Chapter and/or its wastewater discharge permit. All 

systems, both those in service and reserve, shall be inspected and maintained on a regular basis. 

(b) Inspection and maintenance records for process and pollution control and 

monitoring systems shall be maintained and made available for inspection as described in 

Section 16.09.160. 

(c) It shall be unlawful to tamper with or render inaccurate or divert flow from any 

monitoring device or equipment installed or operated to comply with the Pretreatment 

requirements, this Chapter or a discharge permit. Doing so constitutes falsification of 

information as described in Section 16.09.150. 

16.09.130 Compliance with the Pretreatment requirements. 

All industrial dischargers subject to the Pretreatment requirements shall be in 

conformance with such, including but not limited to, effluent standards, monitoring 

requirements, and reporting requirements. In the event of any apparent conflicts between the 

requirements established in this Chapter and federal EP A requirements, the most restrictive 

limitation shall apply. 

16.09.135 Reporting requirements for all permitted dischargers. 

(a) All permit holders shall be required to submit periodic reports to the 

Superintendent. Specific reporting requirements shall be specified in the permit, in notices of. 

noncompliance or other directives. All industrial discharge permit holders are required to submit 

at a minimum periodic reports of continued compliance (PRCC) every six months. The due dates 

for the PRCC submittals are July 15th and January 15th for the first and second half of the 

calendar year respectively. Specific requirements for periodic reports of continued compliance 

are listed below: . 

(1) Certification Statement. Periodic reports of continued compliance for zero 

discharge permit holders shall require the permit holder to certify that no process wasfewater was 

discharged to the sanitary sewer system during the reporting period; 

(2) Certification Statement. Periodic reports of continued compliance for 

BMP regulated dischargers shall require the discharger to certify that the BMPs have been 

implemented during the reporting period; 

35 

100628 syn 6051181 
(3) Certification Statement. Periodic reports of continued compliance for 

Non-Significant Categorical Industrial Users shall require the permit holder to certify that the 

discharger has met the criteria for a Non-SCIU; 

(4) Periodic reports of continued compliance for all permit holders not 

covered in (1), (2) or (3) above shall include documentation indicating if applicable federal, 

state, or local Pretreatment Standards, including those specified in the permit holder's discharge 

permit, have been exceeded during the reporting period. 

(b) If a discharger subject to reporting requirements monitors any regulated pollutant 

at a designated sampling location more frequently than required the results of this monitoring 

shall be included in the report. 

(c) Failure to submit required reports by the specified due date shall be considered a 

violation of the provisions of this Chapter. 

16.09.140 Requirements for reporting noncompliance, increased loading, slug 

discharges, accidental discharges. 

(a) Reporting Noncompliance. Noncompliance with the provisions of this Chapter 

that is known to the discharger shall be reported verbally as soon as possible but no later than 

twenty-four hours of the discharger's knowledge of the noncompliance. A written report to the 

Superintendent shall be submitted within five days of knowledge of the noncompliance 

explaining the nature, volume and duration of the noncompliance, and the mitigation me8$ures 

taken to correct the noncompliance and to prevent reoccurrence. 

Such notifications will not relieve any discharger of liability for any expense, 

including but not limited to, costs for countermeasures; loss or damage to the storm drain system, 

sanitary sewer system and/or treatment plant or treatment process; or liability to reimburse any 

fines imposed on the City on account thereof; or for damages incurred by any third party. 

If the noncompliance is related to any violation of the discharge standards 

specified in the Pretreatment requirements, this Chapter, or in a discharge permit the discharger 

shall repeat the sampling and analysis of the violated pollutant(s) and shall submit the results to 

the Superintendent no later than thirty (30) days from the discharger's knowledge of the 

noncompliance. 

(b) Reporting Increased Loading. The reporting requirements of subsection (a) above 

shall also apply to any short term, large or unusual increase in flow or concentration of waste 

constituents regardless of whether noncompliance has resulted. Notices shall be posted in 

process areas (or other equally effective notification procedures used) giving instruction on 

reporting such increases. 

(c) Reporting accidental or slug discharges and treatment system upsets, failures, or 

bypasses or discharge of hazardous wastes. 

36 

100628 syn 6051181 
The following requirements apply to all releases to the sanitary sewer system 

caused by spills; slug discharges; pretreatment system upsets, failures, or bypasses; or any other 

accidental discharges: 

(1) The discharger shall immediately take action to stop, contain, and cleanup 

unauthorized discharges or otherwise stop the noncompliance, and correct the problem. 

(2) The discharger shall immediately verbally notify the Superintendent upon 

becoming aware of such incidents. 

(3) As soon as practicable and throughout the incident the discharger shall 

collect representative samples at the point of release and at any impacted sampling location(s). 

(4) The discharger shall submit a written report to the Superintendent within 

five days of the discharger's knowledge of the incident explaining: the nature, volume, and 

duration of the discharge; and mitigation measures taken to correct the noncompliance and 

prevent recurrence. 

(d) The discharger shall notify the Superintendent in advance of any significant 

change in the volume or characteristics of discharge from the facility or any significant 

operational, process, or pretreatment system changes. 

( e) The discharger shall immediately notify the Superintendent of changes that occur 

at the facility affecting the potential for a spill or slug discharge. 

16.09.145 Certification of reports. 

Permit applications, periodic reports of continued compliance, baseline monitoring 

reports, and user reports submitted shall be certified and signed by an authorized representative 

with the following statement: 

I certify under penalty of law 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 who manage the system, or those persons directly responsible for gathering the 

information, the information submitted is true, accurate, and complete. lam aware that there are 

significant penalties for submitting false information, including the possibility of fine and 

imprisonment for knowing violations. 

16.09.150 Falsification of information. 

It shall be unlawful for a discharger, person or their agents to knowingly make any false 

statements, representations, or certifications in any application, record, report, plan, or other 

documentation filed, or required to be maintained, pursuant to this Chapter, a wastewater 

discharge permit, or an order issued by the Superintendent, or to falsify, tamper with, or 

knowingly render inaccurate any monitoring device or method required under this Chapter or in 

a wastewater discharge permit. 

16.09.155 Date of receipt of reports. 

37 

100628 syn 6051181 
Written reports will be deemed to have been submitted on the date postmarked. For 

reports which are not mailed, postage prepaid, into a mail facility serviced by the United States 

Postal Service, the date of receipt of the report by the Superintendent shall govern. 

16.09.160 Retention of records. 

Dischargers or persons subject to the reporting requirements of this Chapter shall retain, 

and make immediately available for inspection and copying upon request, all records of 

information obtained pursuant to this Chapter, including but not limited to any monitoring 

activities required by this Chapter, any additional records of information obtained pursuant to 

monitoring activities undertaken by the discharger independent of such requirements, and 

documentation associated with Best Management Practices. These records shall remain available 

for a period of at least three (3) years. This period shall be automatically extended for the 

duration of any litigation concerning the discharger or the City, or where the discharger has been 

specifically notified of a longer retention period by the Superintendent. 

Storm drain system: prohibited discharges. 

(a) It shall be unlawful to discharge any domestic waste or industrial waste into the 

storm drain system,· creeks, surface waters or San Francisco Bay. Unlawful discharges shall 

include, but not be limited to, discharges from toilets; sinks; industrial processes; cooling 

systems; boilers; fabric cleaning; equipment cleaning; vehicle cleaning; construction activities, 

including, but not limited to, painting, paving, concrete placement, saw cutting and grading; 

swimming pools; spas; and fountains,or substances added to the storm drain to control root 

growth, unless specifically permitted by a discharge permit or unless exempted pursuant to 

guidelines published by the Superintendent. 

(b) It shall be unlawful to cause hazardous materials, domestic waste or industrial 

waste to be deposited in such a manfter or location as to constitute a threatened discharge into the 

storm drain system, creeks, surface waters or San Francisco Bay. Domestic or industrial wastes 

that are not contained in a pipe, tank or other container are considered to be threatened 

discharges unless the discharge has been controlled, the flow has been blocked and the material 

is actively being cleaned up. 

(c) For all unauthorized or prohibited releases to the storm drain system including 

sanitary sewer overflows and threatened discharges to the storm drain system, the responsible 

person shall: 

(1) Immediately take action to stop, contain, and cleanup unauthorized or 

threatened discharges or otherwise stop the noncompliance, and correct the problem; 

(2) Immediately notify the Superintendent upon becoming aware of releases 

that result in discharge into the storm drain system, creeks, surface waters or San Francisco Bay. 

(d) Interior floor drains shall not be connected to the storm drain system. 

( e) Exterior drains located in the following areas shall not be connected to the storm 

drain system: 

(1) Equipment or vehicle washing areas; 

38 

100628 syn 6051181 
(2) 

(3) 

materials that are 

contained; 

Areas where equipment fluids are routinely changed; 

Areas where. hazardous materials, chemicals or other uncontained 

easily transported by wind or water are stored and. are not secondarily 

(4) Loading docks: See 16.09.175(k) 

(t) Multi-family residential units and residential developments shall be prohibited 

from providing a designated vehicle washing area that would cause wash water to be deposited 

ill such a manner or location as to constitute a threatened discharge into the storm drain system. 

(g) Secondary containment shall be provided for any rooftop equipment, tanks or 

pipes containing other than potable water, cooling water, heating system hot water, steam, water 

condensate or equivalent substances, which the Superintendent determines will otherwise cause a 

probable discharge to the storm drain system. 

(h) Storm drain inlets shall be clearly marked with the words "No dumping - Flows to 

Bay," or equivalent. 

16.09.170 RequireIllents for construction operations. 

(a) A spill response plan for hazardous waste, hazardous materials and uncontained 

construction materials shall be prepared and available at the construction sites for all projects 

where the proposed construction site is equal to or greater than one acre of disturbed soil and for 

any other projects for which the city engineer determines that a plan is necessary to protect 

surface waters. Preparation of the plan shall be in accordance with guidelines published by the 

city engineer. 

(b) A storm water pollution prevention plan shall be prepared and available at the 

construction sites for all projects equal to or greater than one acre of disturbed soil and for any 

other projects for which the city engineer determines that a storm water management plan is 

necessary to protect surface waters. Preparation of the plan shall be in accordance with Chapters 

16.28 and 16.11 of this code and with guidelines published by the City engineer. 

( c) Prior approval shall be obtained from the city engineer or designee to discharge 

water pumped from construction sites to the storm drain system. The city engineer or designee 

may require gravity settling and filtration upon a determination that either or both would improve 

the water quality of the discharge. Contaminated groundwater or water that exceeds State or 

Federal requirements for discharge to navigable waters may not be discharged to the storm drain 

system. Such water may be discharged to the sanitary sewer system, provided that the 

requirements of Section 16.09.040 are met and the approval of the Superintendent is obtained 

prior to discharge. The City shall be compensated for any costs it incurs in authorizing such 

discharge, at the rate set forth in the Municipal Fee Schedule. 

, 

(d) No cleanup of construction debris from the streets shall result in the discharge of 

water to the storm drain system; nor shall any construction debris be deposited or allowed to be 

deposited in the storm drain system. 

39 

100628 syn 6051181 
16.09.175 General prohibitions and practices. 

(a) Interior (indoor) floor drains to the sanitary sewer system may not be placed in 

areas where hazardous materials, hazardous wastes, industrial wastes, industrial process water, 

lubricating fluids, vehicle fluids or vehicle equipment cleaning wastewater ate used or stored, 

unless secondary containment is provided for all such materials and equipment. The 

Superintendent may allow an exception to this requirement under the following circumstances: 

(1) When the drain is connected to a wastewater treatment unit approved by 

the Superintendent; 

(2) When the drain is protected from spills by a berm system; 

(3) For safety showers: When the drain is installed with a temporary plug 

which remains closed except when the shower is in use, or when the drain is protected from 

spills by either a covered sump or berm system. Ifa sump is used, the capacity shall be at least as 

large as the largest chemical container in the laboratory; 

(4) For industrial process equipment: If the equipment does not contain 

hazardous materials or hazardous waste and if all floor drains are equipped with fail-safe valves 

which shall be kept closed during periods of operation. 

(b) Exterior (outdoor) drains may be connected to the sanitary sewer system only if 

the area in which the drain is located is covered or protectea from rainwater run-on by berms 

and/or grading, and appropriate wastewater treatment approved by the Superintendent IS 

provided. For additional information regarding loading docks, see sectionI6.09.175(k) 

( c) Interior floor drains shall not be connected to the storm drain system. 

(d) Exterior drains shall be connected to the storm drain system. Such connections 

shall not be permitted within the following areas: 

(1) Equipment or vehicle washing areas; 

(2) Areas where chemicals, hazardous materials, or other uncontained 

materials are stored unless secondary containment is provided; 

(3) Equipment or vehicle fluid changing areas; 

(4) Loading docks: See 16.09.175(k) 

( e) Roof drains may discharge to the storm drain system, provided that all roof 

equipment, tanks, and pipes containing other than potable water, cooling system water, or 

heating system hot water have secondary containment. 

(f) Boiler drain lines shall be connected to the sanitary sewer system and may not be 

connected or allowed to drain to the storm drain system. 

(g) Secondary containment shall be provided for exterior work areas where motor oil, 

brake fluid, gasoline, diesel fuel, radiator fluid or other hazardous materials or hazardous wastes 

are used or stored. Drains shall not be installed within the secondary containment areas. The 

Superintendent may allow a drain for work areas (but not for hazardous storage areas) if the 

secondary containment area is covered and. if the drain is connected to a wastewater treatment 

40 

100628 syn 6051181 
facility approved by the Superintendent. 

(h) Aspirators connected to laboratory sink faucets are prohibited. Aspirators 

designed and used for transferring acids and bases from stationary, permanent laboratory sinks to 

treatment facilities shall be allowed. 

(i) Laboratory countertops and laboratory sinks shall be separated by a berm which 

prevents hazardous materials spilled on the countertop from draining to the sink. 

(j) Sewer traps below laboratory sinks shall be made of glass or other approved 

transparent materials to allow inspection and to determine frequency of cleaning. Alternatively, a 

removable plug for cleaning the trap may be provided, in which case a cleaning frequency shall 

be established by the Superintendent. In establishing the cleaning frequency, the Superintendent 

shall consider the recommendations of the facility. The Superintendent will grant an exception to 

this requirement for areas where mercury will not be used; provided, that in the event such an 

exception is granted and mercury is subsequently used in the area, the sink trap shall be 

retrofitted to meet this requirement prior to use of the mercury. 

(k) Loading docks. 

(1) This paragraph covers loading docks constructed prior to August 8, 1994. 

In cases where chemicals, hazardous materials, grease, oil, or waste products are handled or used 

within the loading dock area, a drain to the sanitary sewer system or storm drain system may be 

allowed only if equipped with a fail-safe valve or equivalent device that is kept closed during the 

non-rainy season and during periods of loading dock operation. For drains connected to the 

sanitary sewer system the area in which the drain is located shall be covered or protected from 

rainwater run-on by berms and/or grading. Appropriate wastewater treatment approved by the 

Superintendent shall be provided for all rainwater contacting the loading dock site. 

(2) For loading docks constructed after August 8, 1994: 

(i) Loading dock drains to the storm drain system may be allowed if 

equipped with a fail-safe valve or equivalent device that is kept closed during the non-rainy 

season and during periods ofloading dock operation. 

(ii) Where chemicals, hazardous materials, grease, oil, or waste 

products are handled or used within the loading dock area, a drain to the storm drain system shall 

not be allowed. A drain to the sanitary sewer system may be allowed if equipped with a fail-safe 

valve or equivalent device that is kept closed during the non-rainy season and during periods of 

loading dock operation. The area in which the drain is located shall be covered or protected from 

rainwater run-on by berms and/or grading. Appropriate wastewater treatment approved by the 

Superintendent shall be provided for all rainwater contacting the loading dock site. 

16.09.180 Requirements for newly constructed, remodeled or converted multiresidential, commercial and industrial facilities. 

(a) Dischargers of industrial waste from newly constructed, remodeled or converted 

commercial and industrial facilities shall be in full compliance with the provisions of this 

Chapter at the time of commencement of discharge. Dischargers from newly constructed, 

41 

J00628 syn 6051181 
remodeled, or converted commercial and industrial facilities, upon request of the Superintendent, 

shall complete a waste minimization study in accordance with guidelines published by the 

Superintendent, and shall certify that measures have been taken to minimize toxic constituents in 

the discharge. 

(b) The owner of every newly constructed, remodeled, or converted commercial or 

industrial facility shall comply with the following requirements. These requirements shall apply 

to remodeled or converted facilities to the extent that the portion of the facility being remodeled 

or converted is related to the subject of the requirement: 

(1) Segregated Industrial Waste Plumbing. The owner of every new 

commercial and industrial building or portion thereof shall cause the building to be constructed 

so that industrial waste is segregated, by means of separate plumbing, from domestic waste prior 

to converging with other waste streams in the sanitary sewer system. For the purposes of this 

section only, the term "new" shall also include change to a use that requires plumbing for 

industrial waste; 

(2) 

(3) 

Exterior drains shall be connected to the storm drain system; 

Loading docks: See 16.09.175(k). 

(4) Fueling areas shall have impermeable floors and rain covers that extend a 

minimum of ten feet in each direction from each pump. Fueling areas shall be designed to 

prevent water run-on to the covered area; 

(5) Condensate lines shall not be connected or allowed to drain to the storm 

drain system; 

(6) Copper, copper alloys, lead and lead alloys, including brass, shall not be 

used in sewer lines, connectors, or seals coming in contact with sewage except for domestic 

. waste sink traps and short lengths of associated connecting pipes where alternate materials are 

not practical; 

(7) Sacrificial zinc anodes are not permitted to be in contact with the water 

supply in a water distribution system; 

(8) Discharge drains for swimming pools, 'spas and fountains shall not be 

connected directly to the storm drain system or to the sanitary sewer system. When draining is 

necessary the discharge will be allowed by way of either: 

(A) A hose or other temporary system shall be directed into a sanitary 

sewer (not storm drain system) clean out. A sewer clean out shall be installed in a readily 

accessible area; 

(B) A fixed pipe with an air gap and receiving sink directed to the 

sanitary sewer. 

(9) If installed, parking garage floor drains on interior levels shall be 

connected to an oil/water separator prior to discharging to the sanitary sewer system. The 

oil/water separator shall be cleaned at a frequency of at least once every twelve months or more 

frequently if recommended by the manufacturer or the Superintendent. Oil/water separators shall 

have a minimum capacity of 100 gallons; 

(10) New buildings and residential developments providing centralized solid 

waste collection, except for single-family and duplex residences, shall provide a covered area for 

d dumpster. The area shall be adequately sized for all waste streams and designed with grading 

or a berm system to prevent water run-on and runoff from the area; 

42 

100628 syn 6051181 
(11) New Multi-family residential units and residential development projects 

with 25 or more units shall provide a covered area for occupants to wash their vehicles. A drain 

shall be installed to capture all vehicle wash waters and shall be connected to an oil/water 

separator prior to discharge to the sanitary sewer &-ystem. The oil/water separator shall be cleaned 

at a frequency of at least once every six months or more frequently if recommended by the 

manufacturer or the Superintendent. Oil/water separators shall have a minimum capacity of 100 

gallons. The area shall be graded or bermed in such a manner as to prevent the discharge of 

storm water to the sanitary sewer system; 

(12) Mercury switches shall not be installed in sewer or storm drain sumps; 

(13) Fire sprinkler system flush, test or drain water shall not be discharged to 

the storm drain system. Discharges to the sanitary sewer system shall not exceed 30 gallons per 

minute (GPM). Higher discharge rates shall be diverted to a detention tank to achieve the 30 

GPM flow; 

(14) Copper Roofing Materials. On and after January 1, 2003, copper metal 

roofing, copper metal gutters, copper metal down spouts, and copper granule containing,asphalt 

shingles shall not be permitted for use on any residential, commercial or industrial building for 

which a building permit is required. Copper flashing for use under tiles or slates and small 

copper ornaments are exempt from this prohibition. Replacement roofing, gutters and 

downspouts on historic structures are exempt, provided that the roofing material used shall be 

prepatinated at the factory. For the purposes of this exemption, the definition of "historic" shall 

be limited to structures designated as Category 1 or Category 2 buildings in the current edition of 

the Palo Alto Historical and Architectural Resources Report and Inventory. 

16.09.185 Personnel orientation. 

(a) Holders of industrial waste discharge permits shall take necessary steps to inform 

appropriate personnel employed by such permit holders of the provisions of this Chapter. 

(b) Such personnel shall include workers, contractors, and supervisors whose duties 

pertain in any manner to the production, treatment or disposal of waste discharges regulated by 

this Chapter. 

(c) Steps to inform such personnel shall include but not be limited to: 

(1) Orientation of newly employed or assigned personnel prior to 

commencement of work and at least annually thereafter; 

(2) Posting of signs at work areas indicating approved methods for disposition 

of wastes and reporting requirements and instructions for accidental spills and increased 

loadings; and 

(3) Posting of signs visible from each drainage area (sink, cup sink, floor 

drain) not connected to appropriate treatment indicating "NOTICE do not dispose of chemicals 

in this drain" or equivalent. 

(d) All signs shall be translated into the appropriate language unless the primary 

language of all personnel is English. 

16.09.190' Accidental discharge prevention. 

43 

100628 syn 6051181 
(a) Each discharger shall provide adequate protection to prevent accidental discharge 

of hazardous or prohibited materials, slugs, or other wastes regulated by this Chapter. Where 

directed by the Superintendent the discharger shall install retention basins, dikes, storage tanks, 

or other facilities in conformance with Chapter 17.12 designed to eliminate, neutralize, offset or 

otherwise negate the effects of prohibited materials or wastes which may be accidentally 

discharged in violation of this Chapter. 

(b) When directed by the Superintendent, the discharger shall complete and 

implement a slug control plan per the guidelines issued by the Superintendent in accordance with 

the requirements contained in 40 CFR. 403.8(f)(2)(vi). The discharger shall notify the City of 

any changes to facilities, plans or operations that wo~ld necessitate a change in the slug control 

plan. 

16.09.195 Storage of hazardous materials above sinks. 

No person shall store hazardous materials above a sink that is connected to the sanitary 

sewer system in a commercial or industrial facility. 

16.09.200 Zinc-containing floor f"mishes. 

No person shall discharge 'or dispose to the sanitary sewer system any zinc-containing 

floor finish or a stripper solution that has been used for the stripping of a zinc-containing floor 

finish, except when the solutions have been treated in a wastewater treatment unit approved by 

the Superintendent for removal of zinc. For the purposes of this section, zinc-containing floor 

finishes shall be defined as floor finish solutions containing greater than 0.01 % zinc by weight. 

16.09.205 Requirements for cooling systems, pools, spas, fountains, boilers and heat 

exchangers. 

(a) It shall be unlawful to discharge water from cooling systems, pools, spas, 

fountains boilers and heat exchangers to the storm drain system. 

(b) No person shall discharge or add to the sanitary sewer system or storm drain 

system, or add to a cooling system, pool, spa, fountain, boiler or heat exchanger, any substance 

that contains any of the following: 

(1) Copper in excess of 2.0 mglliter; 

. (2) Any tri-butyl tin compound in excess of 0.1 0 mglliter; or 

(3) Chromium in excess of2.0 mglliter. 

(4) Zinc in excess of2.0 mg/liter. 

(5) Molybdenum in excess of2.0 mglliter 

The above limits shall apply to any of the above-listed substances prior to dilution with the 

cooling system, pool, spa or fountain water. 

(c) Cooling System Discharges. 

44 

100628 syn 6051181 
(1) For the purposes of this section the average daily flow shall be determined 

by dividing the total cooling system blowdown volume from April. through October by the 

number of days of operation for the same period. 

(2) The maximum allowable limit for discharge of copper for cooling systems 

discharging an average daily flow ofless than 2000 gallons per day shall be 2.0 mg/liter. 

(3) The maximum allowable limit for discharge of copper for cooling systems 

discharging an average daily flow of greater than 2000 gallons per day shall be 0.25 mg/liter. 

The Superintendent may impose. a higher alternative maximum allowable copper limit when the 

cycles of concentrations routinely exceed ten. The alternative requirement may consist of an 

alternative limit, a mass limit or a specified maintenance program, or a combination of these. 

(4) New cooling systems commencing discharge with an estimated average 

daily flow greater than 2000 gallons per day shall comply with the maximum allowable copper 

limit of 2.0 mglliter and shall not be required to comply with the 0.25 mg/liter maximum 

allowable copper discharge limit specified in subsection (c)(3), until one year after the date of 

such commencement. 

(d) Cooling System Cleaning. Wastewater from cleaning of cooling systems, bqilers, 

heat exchangers and associated piping where a chemical cleaner or physical scouring is used in 

the cleaning process shall be sampled prior to discharge to the sewer. The maximum allowable 

limits for discharge of copper shall be 2.0 mg/liter. For purposes of this section, "physical 

scouring" does not include the use of water at typical water supply pressure; and "associated 

piping" shall mean piping associated with a heating or cooling system through which water or 

another heat transfer fluid passes during operation of the system. The wastewater shall be 

analyzed for copper and any other constituents specified by the Superintendent. The results of 

such analysis shall be reviewed by the cooling system operator prior to discharge. 

(e)Devices using electricity to dissolve copper or silver into water distribution systems, 

cooling systems, pools, spas or fountains are prohibited. 

16.09.210 Root and pest control chemicals. 

(a) No person shall discharge, dispose of or add to the sanitary sewer system any 

substance intended to control roots, pests, or for any other purpose without first acquiring a root 

control application permit. 

(1) Applicants for a permit shall complete and submit an application form. 

The Superintendent shall establish the contents of said form and may require additional 

information on the characteristics of the root control chemical and application methods beyond 

that required on the application form. Completed application forms shall be filed by the root or 

pest control applicator not less than sixty days in advance of commencing discharge. The 

discharger shall not commence discharge prior to permit approval. 

(2) The Superintendent may impose terms and conditions on the permit which 

the Superintendent deems reasonable or necessary to carry out the purposes of this Chapter. 

(b) No person shall discharge, dispose of or add to the sanitary sewer system any 

substance containing greater than five percent copper by weight, to control roots or for any other 

purpose. 

45 

100628 syn 6051181 
(c) No person shall discharge, dispose or add to the storm drain system any substance 

to control roots or pests. 

16.09.215 Requirements for photographic materials processing. 

(a) All photoprocessors shall comply with either subdivision (2) or subdivision (3) of 

this subsection (a). Persons who fully comply with subdivision (3) shall not be required to obtain 

an industrial waste discharge permit pursuant to Section 16.09.080, unless required to do so 

pursuant to other sections of this Chapter, but shall be required to meet applicable maximum 

allowable limits for wastewater discharge and other requirements. 

(1) Definitions. For the purposes of this section the following words and 

.phrases shall be as defined herein. 

(A) "Photographic materials processing" means developing silverbearing film, including x-ray film, or photographic paper. 

(B) "Photoprocessor" means any person who owns a photographic 

materials processing system including a business that does photographic materials processing or 

any person who engages in photographic materials processing . 

. (C) "Spent solutions" means spent fixer; bleach fix, stabilizer from 

washless systems, silver-bearing cleaning solutions and functionally similar solutions other than 

washwater. 

(D) "Regeneration" means the treatment of washwater, fix, or bleach 

fix for re-use. 

(E) "Washwater" means water that has been used to rinse fix or bleach 

fix from photographic film or paper. 

(2) Silver Removal System. Persons who comply with this subdivision (2) 

shall install and operate in their facilities a silver removal system, in a manner which shall insure 

consistent compliance with the following effluent standards: 

(A) The maximum allowable limit for silver shall be 1.0 mg/liter. The 

maximum allowable limit for copper shall be 2.0 mg/liter. 

(B) All spent solutions and wash water that are not sent off site shall be 

treated to insure consistent compliance with the effluent standards set forth in this subsection 

(a)(2). Silver removal from wash water shall be conducted in a manner that does not reduce the 

effectiveness of the treatment of spent solutions. 

(C) The photoprocessor shall sample the discharge at a frequency 

determined by the Superintendent based upon the flow rate from the facility. However, in no 

event shall sampling be done less frequently than once a month. A duplicate of each sample 

collected shall be kept until the next sampling event. The duplicate sample shall be immediately 

relinquished to the Superintendent upon request. A sampling port shall be installed in accordance 

with specifications set forth in the wastewater discharge permit. 

(D) Every person owning or operating a silver removal system shall 

cause such system to be serviced at least once per year by the manufacturer, equipIl,lent 

distributor, or qualified consultant who shall certify that all equipment in the system is 

functioning in accordance with the manufacturer's standards for such equipment. Records of 

46 

100628 syn 6051181 
system service shall be maintained and made available for inspection as described in Section 

16.09.160. 

(E) Every person intending to comply with the provisions of· this 

subsection (a)(2), shall submit a completed permit application to the Superintendent, per Section 

16.09.085 of this Chapter, at least forty-five days prior to commencing operation of such system. 

Every person intending to comply with the provisions of this subsection (a)(2) shall 

submit an annual report to the Superintendent on or before February 1 of each calendar year. The 

annual report shall contain the following information for the preceding calendar year: 

(i) Type and description of silver removal processes and any 

regeneration systems employed; 

(ii) 

(iii) 

(iv) 

Amount of spent solutions generated; 

Dates of equipment servicing; 

Description of any major changes m equipment or 

operation; and 

(v) All wastewater sampling data. 

(3) Off-Site Disposal. Persons who comply with this subsection shall ship or 

cause to be shipped off site, for recovery or appropriate disposal, all spent solutions or shall 

regenerate all spent solutions on site. 

Storage, shipment and disposal of spent solutions shall be in accordance with all state, 

federal and local requirements. ( 

(A) Every person who complies with this subsection (a)(3) shall 

maintain, or cause to be maintained, records that detail the purchase date and quantity of all new 

fixer, bleach-fix, stabilizer and functionally similar solutions kept or used by such person. Such 

person shall also maintain, or cause to be maintained, detailed disposal records that include the 

date, type and amount of waste solution·disposed of; the name, address and identification number 

of the shipper; and the ultimate d~stination of each batch of waste solution shipped off site. Such 

person shall also maintain, or cause to be maintained, a record of the amount of spent solutions 

regenerated on site. 

(B) Every photoprocessor intending to comply with the provisions of 

this subsection (a)(2) shall submit an annual report to the Superintendent on or before February 1 

of each calendar year. The annual report shall contain for the preceding calendar year a summary 

of the required records maintained by such person relating to purchase and disposition of 

photographic solutions. The summary shall be on a form provided by the Superintendent. Along 

with the summary, the photoprocessor shall submit a statement certifying that it is in compliance 

with this subsection and that the required records shall be maintained and made available for 

inspection as described in 16.09.160. 

(C) Photoprocessors that comply with this subsection need not meet 

the silver discharge limitations set forth in subsection (a)(2)(A) of this section, nor the silver 

discharge limitations set forth in 16.09.040(q) with respect to the photographic materials 

processing portion of their operations; provided, however, that those photoprocessors generating 

a total of one hundred gallons or more per month of spent solutions shall be required to meet the 

47 

100628 syn 6051181 
silver limitations of subsection (a)(2) of this section with respect to washwater, even if all spent 

solutions are shipped off site. 

(b) The maximum allowable limit for copper for photographic materials processing 

shall be 2.0 mglliter. 

16.09.220 Requirements for dental facilities that remove or place amalgam f"Illings. 

(a) Definitions. For the purposes of this section the following words and phrases shall 

be as defined herein: 

(1) "Amalgam separator" is a device that employs filtration, settlement, 

centrifugation, or ion exchange to remove amalgam and its metal constituents from a dental 

office vacuum system before it discharges to the sanitary sewer system. 

(2) "Amalgam waste" means and includes non-contact amalgam (amalgam 

scrap that has not been in contact with the patient); contact amalgam (including, but not limited 

to, extracted teeth containing amalgam); amalgam sludge captured by chair-side traps, vacuum 

pump filters, screens, and other amalgam trapping devices; used amalgam capsules; and leaking 

or unusable amalgam capsules. 

(3) "ISO 11 143" is the International Organization for Standardization's 

standard for amalgam separators. 

(b) All owners and operators of dental facilities that remove or place amalgam fillings 

shall comply with the following waste management practices: 

(1) No person shall rinse chair-side traps, vacuum screens, or amalgam 

separators equipment in a sink or other connection to the sanitary sewer system. 

(2) Owners and operators of dental facilities shall ensure that all staff 

members who handle amalgam waste are trained in the proper handling, management and 

disposal of mercury-containing material and fixer-containing solutions. Training records shall be 

maintained and made available for inspection as described in Section 16.09.160. 

(3) Amalgam waste shall be stored and managed in accordance with the 

instructions of the recycler or hauler of such materials. 

(4) Bleach and other chlorine-containing disinfectants shall not be used to 

disinfect the vacuum line system. 

(5) The use of bulk mercury is prohibited. Only pre-capsulated dental 

amalgam is permitted. 

( c) All owners and operators of dental vacuum suction systems, except as set forth in 

subsection (d) of this section, shall comply with the following: 

(1) An ISO 11143 certified amalgam separator device shall be installed for 

each dental vacuum suction system. The installed device must be ISO 11143 certified as capable 

of removing a minimum of 95 percent of amalgam. The amalgam separator system shall be 

certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. 

Neither the separator device nor the related plumbing shall include an automatic flow bypass. 

For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 

48 

100628 syn 6051181 
test methodology, a non-certified separator will be accepted, provided that smaller units from the 

same manufacturer and of the same technology are ISO-certified. 

(2) Amalgam separators shall be maintained in accordance with manufacturer 

recommendations. Installation, certification, and maintenance records shall be maintained and 

made available for inspection as described in Section 16.09.160. 

(d) The following types of dental practice are exempt from Section 16.09.220, 

provided that removal or placement of amalgam fillings occurs at the facility no more than 3 

days per year: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

Orthodontics; 

Periodontics; 

Oral and maxillofacial surgery; 

Radiology; 

Oral pathology or oral medicine; 

Endodontistry; 

Prosthodontistry. 

( e) All owners and operators of dental facilities shall submit an annual report for each 

facility to the Superintendent on or before February 1 of each calendar year. The annual report 

shall contain information on the dental facility's amalgam separator and its maintenance, and 

shall require the dental facility to certify that it is in full compliance with this section. The annual 

report shall be on a form provided by the Superintendent. 

(f) The maximum allowable limit for copper for dental facilities shall be 2.0 mg/liter. 

16.09.225 Requirements for vehicl~ service facilities. 

(a) Definitions. For the purposes of this section the following words and phrases shall 

be as defined herein: 

(1) "Commercial vehicle washing facility" means a commercial facility where 

vehicle washing is a primary business activity. Commercial vehicle washing facilities include, 

but are not limited to, mobile washing rigs. 

(2) "Fleet washing facility" means a facility for washing vehicles, at a location 

where a business maintains six or more vehicles. 

(3) "Ground surfaces" means and includes dirt, gravel, or other unpaved 

surfaces. 

(4) "Vehicle" means a mode of transporting people or things. Vehicles 

include, but are not limited to, automobiles, trucks, recreational vehicles, tractors, airplanes and 

boats. 

(5) "Vehicle fluid" means a liquid used in or drained from a motor vehicle. 

Vehicle fluids include, but are not limited to, gasoline, diesel fuel, motor oil, brake fluid, radiator 

fluid, hydraulic fluid, transmission fluid, and coolant. 

(6) "Vehicle service facility" means a commercial or industrial facility that 

conducts one or more of the following operations with respect· to vehicles or components of 

vehicles: vehicle repair, fuel dispensing, vehicle fluid replacement, engine and parts cleaning, 

body repair, vehicle salvage and wrecking, or vehicle washing. 

49 

100628 syn 6051181 
(b) All vehicle service facilities shall be operated in accordance with the following 

standards: 

(1) No person shall dispose of, nor permit the disposal, directly or indirectly, 

of vehicle fluids, hazardous materials, or rinse water from parts cleaning operations into storm 

drains; 

(2) All owners and operators of vehicle service facilities shall ensure that any 

vehicle fluid, hazardous material, or rinse water from parts cleaning operations that comes into 

contact with any floor, pavement or ground surface is cleaned up immediately from such surface; 

(3) No person shall dispose of vehicle fluids or rinse water from parts 

cleaning operations into the sanitary sewer system except pursuant to an industrial waste 

discharge permit obtained in accordance with this Chapter; 

(4) No vehicle service facilities shall contain floor drains, excepting only such 

floor drains as are connected to wastewater pretreatment systems for which an industrial waste 

discharge permit has been obtained in accordance with this Chapter; 

(5) No tanks, containers or sinks used for parts cleaning or rinsing shall be 

connected to the storm drain system, or to the sanitary sewer system except pursuant to an 

industrial waste discharge permit obtained in accordance with this Chapter; 

(6) No person shall perform vehicle fluid removal outside a building, nor on 

asphalt or ground surfaces, whether inside or outside a building, except in such a manner as to 

ensure that any spilled fluid will be in an area of secondary containment; 

(7) Leaking vehicle fluids shall be contained or drained immediately; 

(8) No person shall leave unattended drip parts or other open containers 

containing vehicle fluid, unless such containers are in use or in an area of secondary 

containment; 

(9) No person shall discharge wastewater from vehicle washing operations or 

wash racks to the storm drain system or onto the ground. Discharge to the sanitary sewer system 

may be allowed pursuant to an industrial waste discharge permit obtained in accordance with this 

Chapter. Nothing in this subsection shall be construed to prohibit the proper reuse of wastewater; 

(10) No person shall discharge into the storm drains water from vehicle 

washing operations, except from rinsing of vehicle exterior surfaces, with water only, to remove 

atmospheric dust that deposited on a vehicle when not in use. This exception does not apply to 

commercial vehicle washing facilities or fleet washing; 

(11) Vehicle service facilities shall be cleaned using only those methods of 

cleaning that ensure that no materials are discharged to the storm drain system or to the sanitary 

sewer system, except for wastewater which is discharged to the sanitary sewer system pursuant 

to an industrial waste discharge permit obtained in accordance with this Chapter; provided, 

however, that a permit shall not be required for facilities that use the following three-step 

sequence for cleaning floors: 

(A) Clean up spills with rags or other absorbent materials; 

(B) Sweep floor using dry absorbent material; 

(C) . Mop floor. Mop water must be discharged to the sanitary sewer via 

a toilet or sink. 

(12) . All owners and operators of vehicle service facilities shall ensure that spill 

prevention and clean-up equipment and absorbent materials are kept in stock at all times and are 

readily available for use; 

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(13) No acid-containing batteries shall be stored except within secondary 

containment; 

(14) All owners and operators of vehicle service facilities shall ensure that all 

employees of such facilities are trained, upon hiring and annually thereafter, regarding best 

management practices in accordance with guidelines issued and published by the Superintendent. 

(15) All owners and operators of vehicle service facilities shall post or cause to 

be posted signs on all storm drain inlets located on the property of the facility with the words 

"No dumping Flows to Bay" or equivalent; 

(16) No person shall discharge to the sanitary sewer system solid materials 

from wet sanding. Vehicle service facilities using wet sanding processes shall have one or more 

containers to accumulate wet sanding wastewater and mop water from wet sanding areas. A 

minimum of 48 hours shall be provided for the settling of solid materials from the water prior to 

the water's discharge to the sanitary sewer system. An alternative solids removal method may be 

utilized provided that the method has been demonstrated to be equally effective, and approved by 

the Superintendent. Settled solid materials shall be managed in accordance with all state, federal 

and local requirements. 

( c) The maximum allowable limit for zinc for vehicle service facility discharge shall 

be 4.0 mglliter. The maximum allowable limit for copper for vehicle service facility discharge 

shall be 2.0 mglliter 

(d) All records required to be kept pursuant to this subsection shall be maintained and 

made available for inspection as described in Section 16.09.160. 

16.09.230 Requirements for machine shops. 

(a) All machine shops shall be operated in accordance with the following standards: 

(1) No person shall dispose of, nor permit the disposal, directly or indirectly, 

of machine shop fluids, hazardous materials, mop water, or rinse water from parts cleaning or 

deburringltumbling operations into storm drains; 

(2) No person shall dispose of machine shop fluids or rinse water from parts 

cleaning or deburringltumbling operations into the sanitary sewer system except pursuant to an 

industrial waste discharge permit obtained in accordance with this Chapter; 

(3) No machine shop shall contain floor drains, excepting only such floor 

drains as are connected to wastewater pretreatment systems for which an industrial waste 

discharge permit has been obtained in accordance with this Chapter; 

(4) Machine shops shall be cleaned using only those methods of cleaning 

which ensure that no materials are discharged to the storm drain system or to the sanitary sewer 

system, except for wastewater that is discharged to the sanitary sewer system pursuant to an 

industrial waste discharge permit obtained in accordance with this Chapter; provided, however, 

that a permit shall not be required for facilities that use the following three-step sequence for 

cleaning floors, or an approved equivalent: 

(A) Clean up spills with rags or other absorbent materials; 

(B) Sweep floor using dry absorbent material; and 

51 

100628 syn 6051181 
(C) Mop floor. Mop water shall be discharged to the sanitary sewer via 

a toilet or sink. 

(5) All owners and operators or machine shops shall ensure that spill 

prevention, clean-up equipment and absorbent materials are kept in stock at all times and are 

readily available for use. 

(6) All owners and. operators of machine shops shall post or cause to be 

posted signs on all storm drain inlets located on the property of the facility with the words "No 

Dumping - Flows to Bay" or equivalent. 

(7) All owners and operators of machine shops shall ensure that all employees 

who work directly on machine operations or clean up of such facilities are trained, upon hiring 

and annually thereafter, regarding best management practices for machine shops in accordance 

with guidelines issued and published by the Superintendent. 

(b) 

mglliter. 

16.09.235 

The maximum allowable limit for copper for machine shop discharge shall be 2.0 

Annual publication of significant noncompliant dischargers. 

At least annually, notice shall be provided in the largest local daily newspaper listing 

those dischargers that were found to have been in significant noncompliance, as defined in this 

Chapter, during the previous twelve months. 

16.09.240 Enforcement: Warning. 

The Superintendent may issue verbal or written warnings in response to minor violations 

or the potential for a discharger to cause violations of this Chapter. Compliance with warnings 

does not limit further enforcement action by the City. 

16.09.245 . Enforcement: Notice of non-compliance. 

(a) Unless the Superintendent finds that the severity of the violation warrants 

immediate action under Sections 16.09.255, 16.09.265 or 16.09.270 or pennit revocation or 

suspension, he or she shall issue a notice of noncompliance which: 

(1) Enumerates the violations found; and 

(2) Orders compliance by a certain date. 

If the violations are not abated in the time period identified further action may be taken 

by the Superintendent, including, but not limited to, suspension, revocation or modification of 

the discharger's pennit pursuant to Section 16.09.095. 

(b) Subject to the following limitations, and in addition to the prOVISIons of 

subsection (a), the Superintendent may require a discharger that has violated any discharge limits 

contained in this Chapter to install a temporary system for the capture, testing and release of 

wastewater: 

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1006288yn 6051181 
(1) . The requirement will apply to facilities that have produced multiple 

violations for the same parameter at the same sampling point, when the Superintendent 

determines that appropriate corrective measures have proved difficult to identify or implement. 

(2) The requirement will apply only to those specific areas of a facility from 

which the Superintendent determines that the discharge may be originating, rather than to the 

entire flow from the facility, unless there is no reasonable way to determine where the discharge 

may be originating. 

(3) The requirement will not be applied when the Superintendent determines 

that a capture system is impractical. If the Superintendent determines that a capture system is 

impractical, the Superintendent may require an alternative compliance measure of equivalent 

effectiveness. 

(4) The requirement will be terminated following a demonstration of 

compliance as determined by the Superintendent. The sampling required to demonstrate 

compliance for violations of discharge limits shall be set by the Superintendent and may be up to 

twenty-one consecutive, violation-free calendar days of sampling by the discharger followed by 

up to four days of violation-free sampling by the Superintendent. 

16.09.250 Enforcement: Administrative compliance order. 

Any person who violates any provision of this Chapter or any provision of any. permit 

issued pursuant to this Chapter shall be subject to the administrative compliance order provisions 

contained in Chapter 1.16 of this code. 

16.09.255 Enforcement: Criminal penalties. 

As provided in 1.08 of Title 1 of this code, violations of the provisions of this title shall 

be subject to criminal penalties. The following designated employee positions may enforce the 

provisions of this Chapter by the issuance of citations. Persons employed in such positions are 

authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to 

issue citations for violations of this Chapter. The designated employee positions are: industrial 

waste inspector; industrial waste investigator; associate engineer; manager, environmental 

control programs; supervisor, industrial waste; and manager, environmental compliance division. 

16.09.260 Enforcement: Administrative citation. 

Any person who violates any provision of this Chapter or any provision of any permit 

issued pursuant to this Chapter shall be subject to the administrative citation provisions 

contained in Chapter 1.12 of this code. 

16.09.265 Enforcement: Administrative civil penalties. 

(a) Complaint. The Superintendent may serve an administrative complaint 'on any 

person who has violated any provision of this Chapter. The complaint shall state: 

(1) The act or failure that constitutes the violation; 

(2) The provisions of law authorizing the civil liability to be imposed; and 

(3) The proposed civil penalty. 

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100628 syn 6051181 
The complaint shall be served by personal delivery or certified mail on the person subject 

to requirements thatthe Superintendent alleges were violated, and shall inform the person served 

that a hearing on the complaint shall be conducted within sixty days after service, unless the 

person charged with the violation waives his or her right to a hearing. 

(b) Hearing. Unless the person charged with the violation(s) waives his or her right to 

a hearing, the city manager or designee of the city manager shall conduct a hearing within sixty 

days. If the hearing officer finds that the person has caused a violation, he or she may assess 

administrative penalties against the person. In determining the amount of the civil penalty, the 

hearing officer may take into consideration all relevant circumstances, including, but not limited 

to, the extent of harm caused by the violation, the economic benefit derived through any 

noncompliance, the nature and persistence of the violation, the length of time over which the 

violation occUrs and corrective action, if any, attempted or taken by the discharger. Civil 

penalties that may be imposed are as follows: 

(1) An amount not to exceed two thousand dollars per day for failing or 

refusing to furnish technical or monitoring reports; 

(2) An amount not to exceed three thousand dollars per day for failing or 

refusing to comply in a timely fashion with fIDY compliance schedule established by the City; 

(3) An amount not to exceed five thousand dollars per day of violation for 

discharges in violation of any waste discharge limitation, permit condition or requirement issued 

by the City; and 

(4) An amount not to exceed ten dollars per gallon for discharges in violation 

of any suspension, cease and desist order or other orders, or prohibition issued, reissued or 

adopted by the City. 

( c) Appeal. Any person against whom penalties are assessed by the hearing officer 

may appeal the decision of the hearing officer within thirty days of notice of the decision. The 

city council may hear the appeal or deny review of the case. If the city council decides to hear 

the appeal, it shall conduct the appeal in accordance with procedures established by the council. 

The decision of the city council shall be in writing and shall be final. All civil penalties imposed 

in accordance with this section shall be payable within thirty days of the decision of the hearing 

officer; provided, that if the decision is appealed, all penalties shall be payable within thirty days 

after the city council decision on the appeal. 

(d) Lien. The amount of any civil penalties imposed under this section which have 

remained delinquent for a period of sixty days shall constitute a lien against the real property of 

the discharger from which the violation occurred resulting in imposition of the penalty. The 

Superintendent shall cause the amount of uncollected penalty to be recorded with the county 

recorder, in accordance with Section 54740.5 of the California Government Code, as the same 

from time to time may be amended. 

16.09.270 Enforcement: Judicial civil penalties. 

Any person who intentionally or negligently violates any provision of this Chapter or any 

provision of any permit issued pursuant to this Chapter shall be civilly liable to the City in a sum 

of not to exceed twenty-five thousand dollars per day for each day in which such violation 

54 

100628 syn 6051181 
occurs. The City may petition the Superior Court pursuant to Government Code Section 54740 to 

impose, assess, and recover such sums. The remedy provided in this section is cumulative and 

not exclusive, and shall be in addition to the penalty provisions of Chapter 1.08 of this code and 

all other remedies available to the City under state and federal law. 

16.09.275 Damage to facilities. 

When a discharge causes an obstruction, damage, or any other impairment to City 

facilities, the City may assess a charge against the discharger to reimburse the City for costs 

incurred to clean or repair said facility. 

16.09.280 City right to terminate discharge. 

The City reserves the right to terminate sewer service for noncompliance with the 

provisions of this Chapter which reasonably appear to present an imminent endangerment to the 

health, safety, and welfare of persons. The discharger shall immediately cease discharge of any 

waste presenting such a hazard, upon verbal andlor written notice of the Superintendent. Such 

termination shall be effective immediately, but shall be reviewable pursuant to the hearing 

process provided in Section 16.09.100. 

16.09.285 Enforcement: Remedies Nonexclusive. 

The remedies provided for in this ordinance are not exclusive. The Superintendent may 

take any, all, or any combination of these actions against a noncompliant discharger. 

Enforcement of Pretreatment violations will generally be in accordance with the City's 

enforcement response plan. However, the Superintendent may take other action against any 

discharger when the circumstances warrant. Further, the Superintendent is empowered to take 

more than one enforcement action against any noncompliant discharger. . 

SECTION 3. The adoption and implementation of this Ordinance is categorically 

exetp.pt from the California Environmental Quality Act pursuant to CEQA Guideline Section 

15308 (actions'by regulatory agencies for the protection of the environment). 

II 

II 

II 

II 

II 

II 

II 

55 

100628 syn 6051181 
SECTION 4. This ordinance shall be effective on the thirty-first day after the date of 

its adoption. 

INTRODUCED: JUNE 7, 2010 

PASSED: JUNE 21, 2010 

AYES: BURT, ESPINOSA, HOLMAN, KLEIN, PRICE, SCHARFF, SCHMID, SHEPHERD, 

YEH 

NOES: 

ABSENT: 

ABSTENTIONS: 

APPROVED AS TO FORM: 

Deputy 4JtrJ~~ City ttomey 

56 

100628 syn 6051181