follows: 

### OrdinanceNo. 5084 Ordinance ofthe Council ofthe City ofPalo Alto Repealing

. Chapter 16.09 ofthe 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 ofthe CityofPalo 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 Cityhas developed and implemented a water quality controlprogram; (B) Protection ofthe sanitary sewer collection system, the treatmentplant, and SanFrancisco Bayalso requires strict control ofindustrial 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 ofthe City's water quality control program and supports the City's authorityto iniplement state and federally mandated stormwater, pollutionprevention, and industrial wastepretreatmentprograms; (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 heathyand vibrantbusiness 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 (SewerUse Ordinance) ofTitle 16 (Building) ofthe Palo Alto Municipal Code is herebyrepealed inits 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 

### SEWERUSE ORDINANCE

Purpose and Applicability Definitions Responsibilityofthe Superintendent Confidentiality Alteniative Materials and Methods Limitationws onPoint ofDischarge Prohibitions Standards Additional Copper Limitations for Industrial Waste Grease Disposal Prohibited

, UnpollutedWater

Standards for Other Industrial Wastes BestManagementPractics (BMPs) Trucker's Discharge Permit Food Service Establishments Industrial WasteDischarge Permit Industrial Wastes DischargePermitProcedures Requirements for Facilities AffectedbyNationalPretreatment Standards Modification, Suspension orRevocation ofIndustrial Wastes Discharge Permit Issuance, Denial, Modification, Revocation, or SuspensionHearing Waste Sampling Locations DischargerMonitoring Prohibition against Dilution Discharger Self-Monitoring Maintenance and Operation ofPollution Control and Monitoring Equipment CompliancewiththePretreatmentRequirements Reporting Requirements for all PermittedDischargers Requirments for ReportingNoncompliance, Increased Loading, Slug Discharges, Accidential Discharges CertificationofReports FalsificationofInformation DateofReceipt ofReports Retention ofRecords StormDrain System: Prohibited Discharges Requirements for Construction Operations General Prohibitions and Practices Requirements for NewlyConstructed, Remodeled orConvertedMultiResidential, 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 ofHazardous Materials Above Sinks Zinc-Containing FloorFinishes Requirements for Cooling Systems, Pools, Spas, Fountains, Boilers and HeatExchangers 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 ofSignificantNoncompliant Dischargers Enforcement: Warning Enforcement: Notice ofNoncompliance Enforcement: Administrative Compliance Order Enforcement: Criminal Penalties Enforcement: Administrative Citation Enforcement: Adm.inistrative Civil Penalties Enforcement: Judicial Civil Penalties Damageto Facilities CityRightto Terminate Discharge Enforcement: Remedies Nonexclusive
16.09.005 Purpose.


### The overall goal ofthis 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 modifythis Chapter as needed to continue to provide a program for protection- ofthe storm drain system and pretreatment ofindustrial wastes which is approved by federal and state regulatory agencies. Therefore this Chapter is designed to beno less stringent than the u.S. Environmental Protection Agency "General Pretreatment Requirements for Existing and New Sources of Pollution" published at Title 40 ofthe Code ofFederal 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 "CleanWaterAct").
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 orused inthe Pretreatment Requirements. Terminology for analytical testing shall be
3 100628 syn 6051181that contained in "Guidelines Establishing Test Procedures for the Analysis of Pollutants," published atTitle40 CPR, Part 136.
"Annual average concentration" means the average concentration of a substance measured over anytwelve-monthperiod oftime.
"Authorized Representative" means an authorized or duly authorized representative as definedbelow:(a) Ifthe discharger is a corporation: (1) The president, secretary, treasurer, or a vice-president of the corporation in charge ofa principal business function, or any other person who performs similar policyordecision-makingfunctions 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 ofthe 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) Ifthe discharger is a partnership or sole proprietorship: a general partner orproprietor, 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 ofthe**gov~ent** facility, ortheir designee. (d) The individuals described in paragraphs (a) through (c), above, may designate a Duly Authorized Representative ifthe 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 authorizationis submittedto the Superintendent. "Average concentration" of a substance means the total daily discharge weight of the substance dividedbythe total dailywastewatervolume at thepoint ofdischarge.
"Berm" means a ridge, lip or other raised barrier to the flow of liquid which is not rendered ineffectivebythe liquid and is sufficientlyhigh to contain anticipated fluid amounts, or which causes sufficient grade to preventmigration ofanticipated 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 6051181practices to control plant site runoff, spillage orleaks, sludge or waste disposal or drainage from materials storage.
"Biochemical Oxygen Demand" or "BOD" means the quantity ofoxygen utilized in the biochemical oxidation oforganicmatterunder standardlaboratoryprocedures. "Categorical Pretreatment Standard" means anyregulation containingpollutant discharge limits promulgatedbyEPA that apply to a specific category ofdischargers and that appear in40 CFRChapterI, SubchapterN, Parts 405

- 471. "Categorical Discharger" shall mean any discharger subject to categorical Pretreatment Standards. "Cesspool" means a lined orpartiallylined underground pitinto which raw sanitary sewage is discharged. "City" means CityofPalo 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 systemto maintain efficient operation ofthe 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 physicallyconnected.
"Contaminated groundwater" means water found beneath the earth's surface which does notmeet State orFederal standards for drinking water supplies or other specifiedbeneficial uses. "Contaminated water" means water that does not meet State or Federal standards for discharge to navigable waters. "County" shall meanthe CountyofSanta Clara. "Cycles ofconcentration" means the flow rate ofwater added to a cooling tower water system divided bythe flow rate ofwater discharged from the coolingtower. "Discharge" means the introduction ofany pollutant or ofany 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 ofthis 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) ofthis 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 notinuse or depressed.
"Grease" means, and includes, fats, oils, waxes or other related constituents. Grease may be ofvegetable 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, includingkerosene, lubricating oil, and road oil. Grease in the sanitary sewer system is generally present as, butneed notbe, a floatable solid, a liquid, a colloid, an emulsion, orin a solution.
"Hazardousmaterial" means anymaterial so designatedbyTitle 1 7 ofthis 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 anyproduction, 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 contaminatedwaterfrom irrigationrunoff.
"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 ordisposal, or exceeds the design capacity ofthe sanitary sewer system. "Loading dock" means that area of a facility intended for the loading and unloading of trucks, plus an additional radius often 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 EPA in 40 CFR part433.
"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 bythe EPA in 40 CFRpart 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 preventthe passage ofoils and sediments into the sanitary sewer system. "Once-through**coo~ing** system" means a cooling system through which water passes .through onlyonce before discharge to a drain, including laboratorybenchtop cooling systems. "Organic solvent" means any solventwhich contains carboninits molecular structure. "Pass-through" means a discharge that exits the Plant into a water ofthe 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 inthemagnitude or duration ofa violation).
"Person" means any individual, partnership, firm, association, corporation, or public agency."Plant" means thePalo Alto Regional Water QualityControl Plant.
"Pointofdischarge" means thepointorpoints designated as such inthepermit. Where no designation is madeit shall meanthepointwhere theprivate sewerjoins 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 pretreatmentimposed ona discharger, otherthan a Pretreatment Standard.
"Pretreatment system" means a treatment system at an industrial or commercial facility that is designed to reduce the amount ofpollutants, eliminatepollutants, or alter the nature ofthe pollutantproperties inthe waste waterpriorto discharge to the sanitary sewer system.
"Root control chemicals" means any chemical introduced into pipes in order to inhibit or kill roots inthe 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 ofequipment, activity, building, orfacility 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 excludingindustrial 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 ofthe United States; (b) Overflows or releases ofuntreated or partially treated wastewater that do notreach waters oftheUnited States; and (c) Wastewaterbackups into buildings and onprivate propertythat are caused byblockages or flow conditions withinthe sanitary sewer system. "Secondary containment" means and shall have the meaning specified by the Hazardous Materials Storage ordinance (Title 17, Palo Alto Municipal Code). "Seepagepit" means a device comprised ofone ormorepits extending into porous strata, lined with open-jointed masonry or similar walls, capped and provided with a means ofaccess such as a manhole cover and into which wastewater disposal system effluentis discharged. "Sewage treatment plant" means any arrangement of devices and structures used for treating sanitary sewage. "Sewer" means apipe orconduit 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 ofPalo Alto for carrying, collecting, storing, treating, reclaiming and disposing ofsanitary sewage and industrial wastes. "Significant Industrial User" (SIU) means, except as provided in (c ) and (d): (a) A discharger subjectto categorical Pretreatment Standards; or (b) A dischargerthat: (1) Discharges an average oftwenty-five thousand (25,000) gpd or more of process wastewater to the sanitary sewer system (excluding sanitary, noncontact cooling and boilerblowdownwastewater); (2) Contributes a process waste stream which makes up five (5) percent or more ofthe average dryweatherhydraulic or organic capacityofthe 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 anyPretreatment Standard orRequirement. (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) oftotal 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 anyuntreated concentrated wastewater. (d) Upon a finding that a discharger meeting the criteria in Subsection (b) ofthis 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 notbe considered a Significant Industrial User. "Significant noncompliance" means a violation or series ofviolations by a discharger of one ormore criteria set forth in40 CFR 403.8(f)(2)(viii). "Simplepaybackperiod" means the number ofyears 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 ofa non-routine, episodic nature, includingbutnot limited to an accidental spill or a non-customary batch discharge of wastewater, material or waste ofhigh volume or pollutant concentration which violates any ofthe specific prohibitions listed in 40 CFR 403.5(b)or Sections 16.09.045 or 16.09.050 ofthis code orthathas areasonable potential to 'cause Interference or Pass-Through or in any other way violate the Plant's regulations, Local Limits, or Sanitary Sewer Systemrequirements orNPDES 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 ofthe Palo Alto Regional.Water Quality Control Plant, his orher designee or such otherperson as maybe designatedbythe citymanager.

9 100628 syn 6051181"Total Toxic Organics" or "TTO" shall mean the sum of all quantifiable toxic organic compound concentrations greaterthan 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 suchwater unacceptable for disposal to the storm drain system ornatural drainage ordirectlyto 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 theuse ofwater and sandpaper for.the removal ofpaint.

16.09.015 Responsibility ofthe superintendent.
The Superintendent shall be responsible for the administration and enforcement ofthe provisions ofthis 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 ofHealth Services, the California RegionalWater Quality Control Board for the SanFrancisco BayRegion or otherduly authorizedboards or agencies.
16.09.020 Confidentiality. (a) Anyinformation submitted to the Superintendent pursuant to this Chaptermaybe 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 ofthis section inthe Chaptermay bewithdrawn and replacedby submittals stamped "confidentialbusiness 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 ofinformation 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 ofthe 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 ofmailing the notice 6f the request for information, unless, priorto the expiration ofthe thirty-dayperiod, the discharger files an action in an appropriate court for a declaratoryjudgment that the information is subject to protection under the laws ofthe state ofCalifornia or for an injunction prohibiting disclosure ofthe information to the public and promptly notifies the Superintendent ofthat action. This

10 100628 syn 605118Lsection does not pennit a discharger to refuse to disclose the infonnation required pursuant to this Chapterto 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 withoutrestriction. (c) A discharger may be prohibited from discharging a substance unless its compositionis madeknown to the Superintendent.
16.09.025 Alternate materials and methods. (a) Practical Difficulties. The Superintendent is authorized to modify any of the provisions ofthis Chapter upon application in writing by the owner, a lessee or an authorized representative where there are practical difficulties in the way ofcarrying out the provisions of this Chapter, provided that the purpose ofthis 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 ofthe Superintendent shall be entered upon the records ofthe 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 onnotice to the chiefbuilding 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 ofthis Chapter and that the material, method ofworkperfonned or operation is, for the purpose intended, at least equivalent to that prescribed in this Chapter in quality and effectiveness in meeting the purposes ofthis 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 regulatedbyany code administeredbythe chiefbuilding official. Theparticulars ofany approval made bythe Superintendent under this subsection shall be entered upon the records ofthe plant and a signed copy shallbefurnished to the applicant.
16.09.030 Limitations onpoint ofdischarge.
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 approvedbythe Superintendent.
16.09.035 Prohibitions.
Wastes discharged into the sewer system shall not have characteristics which by themselves or byinteractionwith otherwastes may: (a) Endangerthe health and safetyofthe public orcitypersonnel; (b) Cause corrosion orother damage to the sewer system;

11 100628 syn 6051181(c) Createnuisance such as odors or coloration; (d) Resultinextra cost ofcollection, treatment, or disposal; (e) Interfere with, inhibit or disrupt any wastewater treatment process ofthe plant, its treatment processes, sludge processes, or operations in such manner to cause violations ofthe 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 inmagnitude orduration ofviolationbytheplant; (f) Pass through or exit the plant into waters ofthe 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 ofthe influent flow to theplantto exceed 40°C (l04°p); (h) Prevent, hinder, delay, or impede compliance with effluent quality requirements establishedbyregulatory agencies, orexceedthe same; (i) Cause wastewater quality to fall outsidereclamationfeasibility 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 determinedbythe Superintendentto be consistent with the dilutionprohibition contained in Section 16.09.115. (b) Maximum allowable limitations at thepointofsampling shallbe specified ineach discharge permit, based onflow and waste stream information supplied inthe discharger's permit application, applicable National Pretreatment Standards for process wastewaters, and other pertinent information. Maximum allowable limitations may be expressed both in terms oftotal mass discharged and maximum allowable limits. (c) TheNational Pretreatment Standards set forth in40 CPR Chapter I, SubchapterN, 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 shallbe construed as allowing less stringentlimitations. (d) Local limitations, in addition to those specified inthis 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 existingpermits.
12 100628 syn 6051181(e) In addition to the requirements of(c) and (d) above, the following requirements shall applywherethey 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 *Applyto bothinstantaneous and composite samples ** Gravity separationata temperature of20"C. anda pHof4.5.

Para meter Minimum limit MaximumLimit pH* *nounits

Parameter 5.0

Suspended solids Totaldissolved solids Maximum Limits* mglIiter

3000 5000 *Applyto instantaneous samples only ** Applyto composite samples only 11.0

Maximum Limits** mg/liter

6000 10000



### (t) Dyes. Wastes showing excessive coloration shall notbe 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 ofthe light transmissibility ofdistilled water under the following conditions: (1) After filtration through a 0.45 micronmembrane filter; (2) InthepHrange of5.5 to 11.0; (3) Through a one centimeterlightpath; (4) A maximum spectrumbandwidth of10 nanometers; (5) Throughthe wave lengthrange from 400 to 800 nanometers. (g) Oil and/or grease shall not be discharged into the sewer system if the average concentration offloatable oil and/or grease (defined as that which is subject to gravity separation at a temperature of20° C. and at a pH of4.5) exceeds twenty mg/liter; nor shall the total oil and/or grease concentration exceedtwo hundred mg/liter. In addition, the discharge ofpetroleum oil, non-biodegradable cutting oil, or products of mineral origin in amounts that cause interference orpass-through shallbeprohibited. (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 ofhazardous waste. (i) Permitted dischargers shall berequired to certify at least every six months intheir 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 ofhazardous waste has occurred. Dischargers shall be required (as a condition to permission to discharge) to 13 100628 syn 6051181file with the Palo Alto fire department a current hazardous materials business plan (HMBP) pursuant to Title 17 ofthis code and to have on site copies ofmaterial safety data sheets for all hazardous materials stored, generated, orused at the discharger's site. Should any discharge ofa hazardous waste occur, the discharger shall immediately verbally notify the Superintendent and shall also verbally notify the EPA 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 notifythe Superintendent, EPA and the Regional Water Quality Control Board inwriting no longerthan21 days after such discharge. (j) Records ofhazardous 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, butnot limited to, acetone, alcohols, benzene, gasoline, xylene, hexane and naphtha, shall notbe 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 ofsuchmonitoring shall be defined in the permit. Whenever ten percent ofthe 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 ofthe 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 outsidethe sanitary sewer system shall beprovided. 

### (1) Organic Solvents. Except as permittedbyother sections ofthis 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, orisopropyl alcohol, in anycombination. Dischargers having organic solvents on site orusing 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 oftoxic organics and other solvents into the sanitary sewer system shall be filed by the discharger as a condition ofpermission 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 shallbemaintained and made available for inspection as describedin 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 6051181equipment. Neitherthe organic solventnorthe separator watermaylawfullybe discharged to the sewer or storm drain system. (m) Toxic Organics. The prohibition against disposal oforganic solvents contained in 16.09.040(1) maybereplacedby a specific limitation on Single Toxic-Organics (STO) and Total Toxic Organics (TTO). Any suchlimitationmustbe contained in anindustrial waste permit.
The maximum allowable limit for TTO shall be 1.0 mglliter. The maximum allowable limit for STO shallbe 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.
Themaximum allowable limit for phenols shallbe 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 systemthat will obstruct ordamage the sanitary sewer system. Specificprohibitions 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 includebutare notlimitedto: (1) (2) (3) (4) (5) Chemical toiletwastes; Pleasureboatwastes; Septictankpumping; Trailer, camper, house car, or otherrecreational vehicle wastes; Industrial wastes collectedincontainers ortanks. (q) Toxicity. The following is a nonexclusive list of toxic substances and the maximum allowable limit for each discharge:

1006288yn 6051181 Toxicant Arsenic Barium MaximumAllowable Limits mglliter

15 0.10 5.0 .JBeryllium 0.75 Boron 1.0 Cadmium 0.10 Chromium, Hexavalent 1.0 Chromiumtotal 2.0 Cobalt 1.0 Copper 0.25 Cyanide 0.50 Formaldehyde 5.0 Lead 0.50 Manganese 1.0 Mercury 0.010 Methyl TertiaryButyl 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-halfthe values listed in the table, with the exception ofcopper, 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 offlow.
The maximum allowable limit for mercury set forth inthis section shall notbe applicable to dental facilities using mercury-containing amalgam. Dental facility requirements are set forth in Section 16.09.220.
Themaximum 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 exceptwhere maximum allowable limitations are specified in Section 16.09.045.
16.09.045 Additional copper limitations for industrial waste. (a) Industrial waste discharges tothe 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 oflargerfacilities, which are subjectto specific limitations set forth in otherprovisions ofthis Chapter.

16 100628 syn 6051181(1) Cooling systems, pools, spas, fountains, boilers andheat exchangers as specified in Section 16.09.205; (2) Photo processing facilities as specifiedin Section 16.09.215; (3) Dental facilities as specified in Section 16.09.220 and; (4) Vehicle service facilities as specifiedin Section 16.09.225; (6) Machine shops as specifiedin Section 16.09.230 and; (5) Non-process, non-domestic waste as specifiedin 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) ofthis subsection. These requirements shall apply to process wastes containing copper ornickel priorto dilutionbynon-metal finishing process wastes, domestic waste, and coolingwater. (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 publishedbythe Superintendent shallbeinstalled and implemented; or (2) The annual average mass ofcopper 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 offive 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 anytwelve monthperiodby 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 documentprepared byMontgomery Watson, and publishedbythe City ofPalo Alto, entitled

. "CityofPalo 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 disposalprohibited.
No person shall dispose ofany 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, orby discharge to any land, street, public way, river, stream or otherwaterway
16.09.055 Unpolluted water. (a) Unpolluted water shall notbe 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 6051181States. The Superintendent may approve the discharge of such water to the sewer system only when no reasonable alternative method ofdisposal is available. If a permit is granted for the discharge ofsuch water into the sewer system, the user shall paythe applicable charges and fees and shall meet such other conditions as requiredbythe 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 exceptioninthe 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 activityfor which another source ofcoolingis not easily available.**16~09.060** Standards for other industrial wastes.
The Superintendent may establish standards for any industrial wastes not specifically referred to inthis Chapter. These standards shall bepublished and shall bemade available to any personrequesting a copy ofthe standards.
16.09.065 'BestManagementPractices (BMPs). The Superintendent may require the implementation ofBMPs. The Superintendent may require submission ofinformationto evaluatethe 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 ofPalo Alto's utilities rules and requirements. Denial, suspension, orrevocation ofsuch permit shall be in accordance with Sections 16.09.095 and 16.09.100 ofthis 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 describedin 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 ofbrown grease combined with wastewater from toilet plumbing associated withthe 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 byproduct of, the cooking or food preparation process, and that turns ormayturn viscous or solidifies with a change intemperature orother 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 ofFOGto the sanitary sewer. "GreaseWaste Hauler Service Contract" means a contractual agreementbetweenthe City and a City selected and managed GCD serviceproviderto beusedbyFSEs.
"Lateral" means the drainage piping and appurtenances that constitute the building's connectionto the City's sanitary sewer system.
"Tallow Receptacle" means a tallowbinorequivalentwaste oil/greasereceptacle. "Twenty-five Percent (25%) Rule" means the requirement for grease control devices to bemaintained such that the combined FOG and solids accumulation does not exceed 25% ofthe design hydraulic depth in any location ofthe grease control device., This is to ensure that the minimum hydraulic retention time and required available hydraulic volume is maintained to effectivelyintercept and retain FOG.
"Waste Hauler" means any person permittedwith the County ofSanta Clara and meeting County of Santa Clara Code, Title B Regulations and carrying on or engaging in vehicular transport ofwaste as part of, orincidental to, anybusiness 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 applyto all FSEs: (1) Noperson shall dispose ofanyFOG, or cause any FOGto be disposed, by discharge into anydrainagepiping, public orprivate sanitary sewer, storm drain system, or onto anyland, street, publicway, river, stream orotherwaterway. (A) Discharge ofany GCD contents ormaterials released during sewer pipe orlateral cleaningis prohibited. (B) Disposal ofwaste cookingoil into drainagepipes isprohibited. (c) FSE staffshall notremovethe contents ofGCDs. The contents ofGCDs shall onlyberemovedbypermittedwastehaulers. (d) NoFSE shall install, have installed, oruse a food waste disposer (grinder). (e) NoFSE shall connectanyhightemperature discharge lines ordrainage fixtures that are not a source ofFOGto a GCD. Such shall include, butnotbelimited to, thefollowing: (1) Dishwashers; (2) Steamers; (3) Pasta cookers; (4) Hot discharge lines frombuffetcounters andkitchens; (5) Handwashing sinks; (6) Ice machine driplines; (7) Sodamachine drip lines; (8) Discharge lines inbar areas. (f) No FSE shall operate a GCD where FOG and solids accumulation exceed 25% of the design hydraulic depth ofthe GCD (25% rule). (g) No FSE shall introduce any additives into GCDs and/or FSE wastewater systems tobiologically/chemicallytreatFOG, fot FOGremediation, to emulsifyFOG, or as a supplement to GCD maintenance, unless the Superintendent**grant~** prior written consent. Biological or chemical treatment ofFOG includes, but is not limited to, systems or additives, such as solvents orenzymes that dissolve ormobilizeFOG. (h) No FSE shall discharge wastes from toilets, urinals, ashbasins, and otherfixtures containing sanitary sewagematerials to sewerlines drainingto aGeD. (i) NoFSE shall allow soap or soapywaterto flow to the storm drain system. G) No FSE shall allow wastewater generated from cleaningofequipment oroutside surfaces containingFOGorfood residueto flow to the storm drain system. (k) BestManagementPractices (BMPs). FSEs shall implementBMPstoprevent



### 20 100628 syn 6051181FOG 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 mayrequire submission ofinfonnation to evaluate the implementation ofBMPs. At a minimumthe following BMPs shall beimplementedbyFSE'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 usingwaterto rinse offplates, 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 thetrash orfood scrap containerto preventFOG 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 ofitems such as plates, dishes, pots, pans, containers orutensils that occurs otherthan 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. Collectedwaste oil/grease shallbe disposed ofina tallowreceptacle. (3) Stonnwaterpollutionprevention. (A) Routinelyinspect and dry sweep as necessary outside areas such as walkways, dining areas and waste storage areas to prevent stonnwaterpollution. (B) Routinely inspect waste collection containers to verify that covers are inplace and that container and surrounding areas are clean and free ofFOG and food residue, debris and leaks. Such containers include, but are not limited to, trash, recycle, food scrap and tallow receptacles. IfFOG 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, cleaningup FOG or food residues or spills inthe surrounding areas or contacting the appropriate vendor for container orreceptaclerepair/replacement. (C) Ifany outdoor surfaces with FOG or food residuerequire cleaning, first sweep or physically remove excess residue, next use a mop and bucket, then discharge waste mop waterthrough 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 ofwaste oil and grease into a tallow receptacle. Waste FOG shall be transported in a covered container. Appropriate measures shall betaken to prevent spills. Any spills shall be immediately cleaned using methods described inthis 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 ofit 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 bemaintained onsite. (1) Training. (1) All FSEs shall take necessary steps to inform appropriate personnel employedbysuch FSEs oftheprovisions ofthis Section. (2) Suchpersonnel shall include workers and supervisors whoseduties pertain in any manner to the production, treatment or disposal ofwaste discharges regulated by this Section. (3) Steps to inform suchpersonnel shall includebutnotbelimitedto: (A) Orientation ofnewly employed orassigned personnel; (B) Quarterlytraining ofall appropriatepersonnel; (C) Posting ofsigns orposters inwork areas indicating BMPs. (4) All training/orientation shall be documented and employee signatures retained indicating each employee's attendance and understanding ofthe 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 ofthis 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 connectedto 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 ofDrain Fixture Units (DFU) draining to the GCD.

22 100628 syn 6051181Sizing Criteria: Grease ControlDevice (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 FloorDrain 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 ofthis 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 outletpiping, and to ensure accessibility for inspection, cleaning andremoval ofall contents. The Superintendent maypermit deviance from this requirement in writing prior to GCD installation, providedthattheproposed design satisfactorilycomplies withthe intent ofthis 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 inthe 2007 CaliforniaPlumbing Code. (F) Laterals installed between a FSE and GCD, and GCD and the sanitary sewer system sewer main shall include installation oftwo way (double) clean outs to allow access points for sewerlinemaintenance andinspection. (2) GCD Connections (A) All drainage fixtures where FOG maybe discharged shall drain to a GCD. Suchfixtures include, butare notlimitedto: (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 onbusing counters adjacent to pre-rinse sinks or silverware soaking sinks; (v) Floordrains indishwashing area and kitchens;
23 100628 syn 6051181drains/sinks; (vi) Prep sinks; (vii) Mop Ganitor) sinks; (viii) Drains inoutside areas designated for equipment washing. These drains mustbe covered; (ix) Drains intrash/recycling enclosures; (x) Wok stoves, rotisserie ovenslbroilers orotherFOG 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 enoughto cleanthe largestmatorpiece ofequipment. (n) Grease control devicemaintenancerequirements. (1) GCD and sewerline maintenancerequirements. (A) GCDs shall be maintained in efficient operating condition by periodic removal ofthe full contents ofthe 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'srequirements and directives. (C) Ifa 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 consistentwith a maintenance frequency approved bythe Superintendentpursuantto this Section. (E) Sewer lines to and from GCDs shall be kept in good repair and clear ofanyFOG 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 duringmaintenance activities. (G) All FOG discharged during GCD or FSE sewer line cleaning and maintenance shall be captured. AnyFSE thathas theirkitchen grease waste lines, GCD exit lines and or laterals cleaned byjettingor hydro-flushing shall capture the contents prior to discharge. Such contents shallbe contained, removed and disposed ofbya wastehauler. (H) All GCDs shall be completely cleaned out and left emptybya 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 cleaningthe 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 shallhave all their contents removed at a minimum once everythree months; (ii) Grease traps (hydro-mechanical grease interceptors) shall havetheir contents removed at a minimum once everymonth; (iii) Automatic or mechanical self cleaning GCDs shall have their contents completelyremoved at a minimum once every sixmonths. (B) The Superintendent may modify GCD maintenance frequencies at anytimeto reflect changes inoperating 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 onthe average FOG accumulation overtime and meets the requirements ofthis 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 wastehauler. (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 oftheir onsite GCDs. Grease waste haulers not selected as serviceproviders for the contractmaynotprovideroutine cleaning andmaintenance ofGCDs. (C) Ifthe Grease Waste Hauler Service Contractprogram has not been implemented, the FSE shall retainthe services ofa permitted grease wastehauler. (D) Waste haulers disposing at the RWQCP shall not mix brown grease loads with different types ofwastes such as septic, yellow grease, black grease, or any other waste. Each waste hauler vehicle shall be dedicated to each type ofliquid waste. Ifa GCD is found to containblack grease, thewaste hauler shall immediatelynotifythe Superintendent. Its entire contents shall be collected and disposed ofat the RWQCP, exact disposal location shall be determinedbythe.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 sufficientlyto restore capacity and allow inspection ofthe 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 ofwater from the FOG waste. (G) Wastehaulermanifest shall contain at a minimumthe following: (i) Name and address ofsite serviced; (ii) Service date and time; (ii) Haulername and truck ID; (iv) Volume collected; (v) GCD observations and comments; (vi) Disposal site and date; (vii) Driver signature. (0) Tallow Receptacles. (1) Collection ofwaste cooking oil and grease. (A) Tallow receptacles shall beinplace at the location ofany 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 ordrainingto a GCD; (iii) Anyothertype ofoil and grease waste createdbycooking; (iv) Cleaning ofFOG contaminated equipment; (v) WasteFOG fromautomatically ormechanicallycleaned GCDs whichrequire FSE staffmaintenance. (B) At the Superintendents ,request, the FSE shall relocate tallow receptacles to an indoor orcoveredlocationto mitigate storm**~ater**pollution. (2) Tallowhauler. (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 shallbemaintained and made available for inspection as described in Section 16.09.160. Suchrecords shall include,butnotbelimitedto, the following: (1) GCDs:

26 100628 syn 6051181(A) Wastehaulermanifests (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 logindicating date and time ofany spills and cleanups. (3) Plumbing: (A)Any sewer line maintenance and monitoringrecords including cleaning and videos offacility sewerpipes orlaterals. (B)Records ofany sanitary sewer overflows,backups or spills. (4) All training/orientationrecords. (5) Any other information deemed appropriate by the Superintendent to ensure and document compliance withthis Section (q) Requirements for remodeled and newly constructedFSEs. (1) Dischargers of FSE wastewater from newly constructed or converted commercial and industrial facilities shallbeinfull compliance withthe provisions ofthis Section atthe time ofcommencement ofdischarge.

. (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. Iftallowreceptacle(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 ofthe facility being remodeled or converted is related to the subjectoftherequirement. (r) Accidental orthreatened storm drain system discharges. For all unauthorized or prohibitedreleases to the storm drain systems including sanitary sewer overflows and threatened discharges to the storm drain system, theresponsible party shall complywith Section 16.09.165. (s) FSE Inspection and Monitoring. All FSEs shall be subjectto theregulations contained inPalo Alto Municipal Code Section 16.09.110.
16.09.080 Industrialwaste 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 utilityrate schedule ofthe Palo Alto utilities rates and regulations. Furthermore, it shall be unlawful for any person or organization to 27 100628 syn 6051181discharge any industrial waste in excess ofthe quantity or quality limitations or to violate any otherrequirement set forth inthis Chapterorin a permit for industrial waste discharge. (b) A discharger may submit an advance written request to discharge prohibited wastes notin conformance with this Chapter or wastes containing concentrations of substances orcharacteristics in excess ofthosepermittedbythis Chapter. Discharge ofsuchwastes shall not be allowed without anexceptional wastepermit dulyissued. (c) The Superintendent may authorize a discharger by permit to discharge "exceptional wastes" when the permit will neitherresult in a violation ofany ofthe provisions of this Chapter nor cause any ofthe effects described in Section 16.09.035 ofthis code nor any violation ofthe PretreatmentRequirements. The City shallbe compensated for any costs itincurs 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 ofauthorized 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 signedby such waste generator orresponsibleparty. (2) Exceptional wastes are aqueous wastes that may include but are not 'limitedto: (A) Construction site dewatering where soil or groundwater contaminationispresent; (B) Groundwater contaminated with organic solvents generated as a result ofpump tests inpreparation for a groundwater cleanup orwater generated during sampling events; (C) Aqueous wastes generated by either permanent or mobile hazardous wastetreatmentunits used to treathazardous waste atthe generator's site; (D) Oraqueous wastes generated as a result ofsite cleanup activities. (3) A permit must be obtained prior to commencement of discharge, and requests for such permits shall be submitted no later than twentyworking days prior to intended discharge. Theletterofapplication shall includethename, address, phonenumber andtitle ofthe responsible party, on-site contact person's name, address, and twenty-four-hour contact phone number, analytical data on the contaminants and characteristics ofthe 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 Superintendenttorecover the City's costs inprocessing and administering suchpermits. (d) Thepermitfor anyindustrial waste discharge mayinclude, butis not limited to: 28 100628 syn 6051181(1) A specific date uponwhichitwill expire, notto exceed five years from the effective date ofthepennit; (2) Requiring installation and maintenance of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, orprevent the introduction ofpollutants into the sanitary sewer system or storm drain system and compliance schedules for meetingtheserequirements; (3) Effluent limitations; (4) Self monitoring, sampling, reporting, notification and record keeping requirements; " (5) Prohibition ofdischarge ofcertain wastewater components; (6) Installation and maintenance of inspection, sampling and flow measurement equipment and facilities; (7) ,Limits on average ormaximumrate ofdischarges; (8) Restriction ofdischarge to certainhours ofthe day; (9) Requiring payment ofadditional charges to defray increased costs to the Citycreatedbythe wastewater discharge; (10) Implementation ofBMPs or specific investigations or studies to determine methods ofreducingtoxic constituents inthe discharge; (11) Other conditions as mayberequired to meetthepurpose ofthis Chapter. (e) No permit for industrial waste discharge is transferable without the prior written consent ofthe Superintendent. A change ofownership (including a transfer ofthe 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 ofwaste 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 priorto any such discharge oruse. An application for an amendedpennitmustbefiled sixtydays in advance ofthe proposed commencement ofsuch discharge oruse ofsuch facilities. (g) Compliance with the discharger's permit does not relieve the discharger of responsibility for compliance with all applicable Federal and8tate Pretreatment Standards, includingthose whichbecome effective duringtheterm ofthe discharge pennit.
16.09.085 Industrialwastes 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 applicationviaposting at cityhall or onthe city web page. (b) All wastewater discharge permit applications, user reports and certification statements mustbe signedbyan authorizedrepresentative.



### 29 100628 syn 6051181

### (c) Completed application fonns shall be filed by the discharger not less than sixty days in advance ofcommencing discharge. The discharger shall not commence discharge priorto permit approval without specific, interim approval from the Superintendent to discharge during thepermittingprocess.
. (d) Determination ofNational 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 bythe Superintendent following the guidelines andprocedures ofthat subpart. (e) The Superintendent may impose terms and conditions on the permit which the Superintendent deems reasonable ornecessaryto carry outthepurposes ofthis Chapter. (t) 

### The application shall be approved if: (1) 

### The applicant has complied with all requirements ofthis Chapter and all applicable cityordinances, state and federal requirements;

. (2) The applicanthas furnished all requested infonnation;

(3) The Superintendent determines thatthere are adequate devices, equipment, chemicals, and other facilities to sample, meter where desirable, convey, treat, and dispose ofthe industrial wastes; and (4) The person(s) to be responsible for treatment and control are adequately trained and capable ofconsistentlymeetingpennitrequirements. (g) Interested parties shall be notified ofthe issuance ofpermits via posting at city hall or on a city web page. Interested parties and other members ofthe public may appeal the issuance ofa pennit within forty-five days ofissuance and request a hearing on the matter. The hearing procedures contained in Section 16.09.100 shall be followed. The permit effective date shall notbepostponed solelybecause ofthe filing ofan appeal.
16.09.090 Requirements for facilities affected byNationalPretreatment Standards.


### In the event that an industrial waste discharge permitholder 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 ofthe effective date ofa National Pretreatment Standard or reclassification. (b) Ifadditional 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. Forpurposes ofPretreatmentrequirements, the completion date in this schedule shall notbe later than the established compliance date provided bythe applicable PretreatmentRequirements. (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 ofa New Source within ninety days following the date commencement ofthe introduction ofwastewater 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 statementprepared accordingto the requirements specifiedin40 CFR403.12(b)(6).
16.09.095 Modification, suspension or revocation ofindustrial

### wastes discharge permit. 

### (a) Any permit for industrial wastes discharge may be revoked, made subject to additional terms or conditions, modified or suspended bythe Superintendent in addition to other remedies providedbylaw, for good cause, including, butnotlimited to, the following: (1) To incorporate any new or revised federal, state, or local Pretreatment Standards orrequirements; (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 permitissuance; (3) To address a change in the plant that requires either a temporary or permanentreduction or elimination ofthe authorized discharge; (4) To stop a discharge or a threatened discharge whichpresents a hazard or a threat of hazard to the sanitary sewer system, plant, personnel, public health, safety, welfare, natural environment, the receivingwaters orwhich violates this Chapter; (5) Forviolation ofanyterms or conditions ofthe discharge permit; (6) For misrepresentations or failure to fully disclose all relevant facts in the discharge permit application orin anyrequired 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 dischargepermit; (9) To reflect a transfer ofthe facility ownership or operation to a new owner or operator whererequested in accordance with Section 16.09.080(e); or (10) To implement programs or policies required or requested ofthe City by appropriate state or federal regulatory agencies. (b) Any discharger notified ofthe Superintendent's intent to revoke, make subject to additional terms or conditions, modify, or suspend the discharger's permit shall immediately comply with directives ofthe Superintendent or cease and desist the discharge ofall industrial wastes or such portion of said wastes as will eliminate the wrongful discharge to the sanitary

31 100628 syn 6051181sewer system pending any hearing that the discharger may request as set forth in Section 16.09.100 ofthis 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 thepayment ofany costs, fines, orpenalties which maybe assessed. The Superintendent may require any permit holder to develop and implement a compliance schedule for anyproposedmodification to permitterms and conditions.
16.09.100 PerDiit issuance, denial, modification, revocation, or suspension hearing. (a) The discharger shallhave at its request, a hearingbeforethe citymanager, ortheir designee, before the industrial wastes permit application is issued, denied, or the permit is revoked, made subjectto additional terms orconditions, modified or suspended. (b) The Superintendent shall give the industrial waste discharger applicant or permit holder ten calendar days' written notice ofintent 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 ofsuch 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 theyhave ten days from the date ofreceipt ofthe 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 ifahearingrequestis notreceived withinthe ten dayperiod. (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 ofthe 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 ofthe city manager, or their designee, whether to issue or deny the application or revoke, make subject to additional terms and conditions, modify or suspend thepermit shallbefinal.
16.09.105 Waste samplinglocations.
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 bythe Superintendentwhich 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 measuringpoints. Establishments that are billed for sewer service on the basis ofsewage effluent constituents shall provide a suitable means for sampling andlor measurement offlow 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 anyreasonable time during which discharge is occurring.

32 100628 syn 605118116.09.110 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 staterequirements. (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 bemaintained andmade 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 thatwill correct violations ofthis Chapter or the permit. Such directive shall be considered as an additional condition on the dischargers' permit and may be reviewed as providedin Section 16.09.100. (d) Prior to final closure ofany 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 contentofsediments. Inspection and/or testing to ensurethe integrity ofsewerlines mayberequired whenthe facility's discharge history includes pH fluctuations, or when past discharges may have compromised or call into question the integrity ofthe sewer lines. Inspection and/or testing to determine the quantity and pollutant content ofsediments mayberequired whenthe facility's type ofoperations and pollutant content ofdischarges make the presence of contaminated sediments likely. Inspection and testing may include, butnotbelimited to, pressurized testing, smoketesting, video camerainspection, and/or analytical testing ofsediments 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 ofcompromised 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 ofthis 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 ofan entire building will no longerincludeuse ofhazardous 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.theuse ofprocess water, combine waste streams orin 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 otherrequirement ofthis Chapter.
16.09.120 Discharger self-monitoring.



### 33 100628 syn 6051181(a) The Superintendent mayrequire the discharger to conduct a wastewater sampling and analysis program of a frequency and type sufficient to demonstrate compliance with the requirements ofthis 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 maybe required bythe Superintendent for violation follow-up or as part ofa notice ofnoncompliance or other enforcement response. Ifa discharger subject to reporting requirements monitors anyregulated pollutant at a designated sampling locationmore frequently thanrequired, the results ofthis monitoring shallbereported. (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 ofat least once per year or at the frequency recommended bythe manufacturer. pH monitoring equipment installed at a permitted discharger's sampling locations shall be calibrated at a frequency ofat least once every sixmonths ormore frequently ifrecommendedbythemanufacturer. (c) Information submitted to satisfy reporting requirements shall be based on data obtained through appropriate sampling and analysis performed during the period covered bythe report, based on datathat is representative ofconditions occurring duringthereportingperiod. (d) All pollutant sampling techniques, analyses, and information to be included in self-monitoring reporting, submitted as part ofa 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. If40 CFRPart 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 EPA. Samples shall be analyzed at the discharger's expense, by a laboratory accredited by the State of California Department ofPublic Health for such analysis. (e) The detection limit used by the discharger for those substances reported as nondetectable shall beno greaterthan one-tenththe lowest applicable effluent limit. 

### (t) The discharger shall monitor for the toxic organic compounds specified in the National Pretreatmentrequirements 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 specifiedin a discharge permitissuedbythe Superintendent. (h) The Superintendent may require self-monitoring for facilities for which a permit has notbeenissued.
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 ofpollution control and monitoring equipment. (a) The discharger shall, at all times, properly operate and maintain all facilities and systems oftreatment, disposal, monitoring and control (and related appurtenances) which are installed orusedbythe 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, boththose in service and reserve, shallbeinspected and maintained on aregularbasis. (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 EPA 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 minimumperiodicreports ofcontinued 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 listedbelow:

. (1) Certification Statement. Periodic reports ofcontinued compliance for zero discharge permitholders shallrequire thepermitholderto certifythat no process wasfewater was discharged to the sanitary sewer system duringthereportingperiod; (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 reportingperiod;



### 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 dischargerhas metthe criteria for aNon-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, havebeen exceeded during thereporting period. (b) Ifa discharger subject to reporting requirements monitors any regulated pollutant at a designated sampling location more frequently than required the results ofthis monitoring shall beincludedinthe report. (c) Failure to submit required reports bythe specified due date shall be considered a violation ofthe provisions ofthis 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 ofthe discharger's knowledge ofthe noncompliance. A written report to the Superintendent shall be submitted within five days of knowledge of the noncompliance explaining the nature, volume and duration ofthe noncompliance, and the mitigation me8$ures takento correctthe noncompliance and to preventreoccurrence. Such notifications will not relieve any discharger of liability for any expense, includingbutnot limited to, costs for countermeasures; loss ordamage to the stormdrain system, sanitary sewer system and/or treatment plantor treatment process; or liability to reimburse any fines imposed onthe City on account thereof; orfor damages incurredbyanythird 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 ofthe 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 ofsubsection (a) above shall also apply to any short term, large or unusual increase in flow or concentration ofwaste 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 suchincreases. (c) Reporting accidental or slug discharges and treatment system upsets, failures, or bypasses ordischarge ofhazardous wastes.

36 100628 syn 6051181The following requirements apply to all releases to the sanitary sewer system caused by spills; slug discharges; pretreatment system upsets, failures, orbypasses; or any other accidental discharges: (1) The discharger shall immediately take action to stop, contain, and cleanup unauthorized discharges orotherwise stop the noncompliance, and correcttheproblem. (2) The discharger shall immediately verbally notify the Superintendent upon becoming aware ofsuch incidents. (3) As soon as practicable and throughout the incident the discharger shall collectrepresentative samples atthepoint ofrelease and at anyimpacted samplinglocation(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 preventrecurrence. (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, orpretreatment system changes. (e) The discharger shall immediately notify the Superintendent ofchanges that occur atthe facility affecting the potential for a spill or slug discharge.
16.09.145 Certification ofreports.
Permit applications, periodic reports of continued compliance, baseline monitoring reports, and user reports submitted shall be certified and signed by an authorized representative withthe following statement:
I certifyunder penalty oflaw that this document and all attachments were preparedunder my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based onmy inquiry ofthe person orpersons who managethe system, orthose persons directlyresponsible 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 ofinformation.
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 orin awastewater discharge permit.
16.09.155 Date ofreceipt ofreports.

37 100628 syn 6051181Written 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 bythe United States Postal Service, the date ofreceipt ofthe reportbythe Superintendent shall govern. 16.09.160 Retention ofrecords. Dischargers orpersons subject to the reporting requirements ofthis 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 ofinformation obtained pursuant to monitoring activities undertaken by the discharger independent of such requirements, and documentation associated with BestManagement Practices. Theserecords shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration ofany litigation concerningthe discharger orthe City, orwhere the discharger has been specificallynotified ofa longerretentionperiodbythe Superintendent.
Storm drain system: prohibited discharges. (a) It shall be unlawful to discharge any domestic waste orindustrial waste intothe 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 publishedbythe Superintendent. (b) It shall be unlawful to cause hazardous materials, domestic waste or industrial waste to bedeposited in such a manfter or location as to constitute a threatened discharge intothe 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 beenblocked and the material is activelybeing cleanedup. (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 correcttheproblem; (2) Immediately notify the Superintendent upon becoming aware ofreleases thatresultin discharge intothe storm drain system, creeks, surfacewaters or SanFrancisco Bay. (d) Interior floor drains shall notbeconnectedto the storm drain system. (e) Exterior drains located in the following areas shall not be connected to the storm drain system: (1) Equipment orvehicle washing areas; 38 100628 syn 6051181(2) (3) materials that are contained; Areas where equipmentfluids 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 orlocation 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 thanpotable water, cooling water, heating system hot water, steam, water condensate or equivalent substances, whichthe Superintendent determines will otherwise cause a probable discharge to the storm drain system. (h) Storm drain inlets shallbe clearlymarked with the words "No dumping

- Flows to Bay," orequivalent.
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 ofdisturbed soil and for any other projects for which the city engineer determines that a plan is necessary to protect surface waters. Preparation ofthe 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 ofdisturbed 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 ofthe plan shall bein accordance with Chapters 16.28 and 16.11 ofthis code and with guidelines publishedbythe 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 mayrequire gravity settling and filtration upon a determinationthat either orbothwouldimprove 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 ofthe 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 inthe 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 inthe storm drain system.

39 100628 syn 605118116.09.175 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 Superintendentmayallow an exceptionto thisrequirementunderthe following circumstances: (1) When the drain is connected to a wastewater treatment unit approved by the Superintendent; (2) Whenthe drainisprotected from spillsbyaberm 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 spillsbyeither a covered sump orberm system. Ifasump is used, the capacity shall be at least as large as the largest chemical containerinthe laboratory; (4) For industrial process equipment: If the equipment does not contain hazardous materials orhazardous waste and ifall floor drains are equipped with fail-safe valves which shallbekept closed during periods ofoperation. (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 informationregarding loading docks, see sectionI6.09.175(k) (c) Interior floor drains shall notbe connectedto the storm drain system. (d) Exterior drains shall be connected to the storm drain system. Such connections shall notbepermitted withinthe following areas: (1) Equipment orvehicle washing areas; (2) Areas where chemicals, hazardous materials, or other uncontained materials are storedunless secondary containment is provided; (3) Equipment orvehicle 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 systemhotwaterhave secondary containment. (f) Boiler drain lines shall be connected to the sanitary sewer system and may notbe connected orallowed to drain to the storm drain system. (g) Secondary containment shall beprovided for exterior work areas where motor oil, brake fluid, gasoline, diesel fuel, radiator fluid or other hazardous materials orhazardous 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) ifthe secondary containment area is covered and.ifthe drain is connected to a wastewater treatment

40 100628 syn 6051181

### facility approvedbythe 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 ofcleaning. 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 considerthe recommendations ofthe 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 ofthe mercury. (k) Loading docks. (1) This paragraph covers loading docks constructed prior to August 8, 1994. In cases where chemicals, hazardousmaterials, grease, oil, or waste products are handled orused within the loading dock area, a drain to the sanitary sewer system or storm drain system maybe allowed only ifequipped 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) Forloading 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 ofloadingdock 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 maybe allowed ifequipped 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 orprotected from rainwater run-on by berms and/or grading. Appropriate wastewater treatment approved by the Superintendent shall beprovided for all rainwater contacting the loading dock site.
16.09.180 Requirements for newlyconstructed, remodeled or converted multiresidential, commercial and industrial facilities. 

### (a) Dischargers ofindustrial 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 6051181remodeled, or converted commercial and industrial facilities, uponrequest ofthe Superintendent, shall complete a waste minimization study in accordance with guidelines published by the Superintendent, and shall certifythat measures havebeentaken 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 ofthe facility being remodeled or converted is related to the subject oftherequirement: (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, bymeans ofseparate plumbing, from domestic wasteprior to converging with other waste streams in the sanitary sewer system. For the purposes ofthis section only, the term "new" shall also include change to a use that requires plumbing for industrial waste; (2) (3) Exterior drains shallbe connectedto 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 preventwaterrun-onto 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 ofassociated connecting pipes where alternate materials are notpractical; (7) Sacrificial zinc anodes are not permitted to be in contact with the water supplyin 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 necessarythe discharge willbeallowedbywayofeither: (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 ofat least once everytwelve months or more frequently ifrecommendedbythe manufacturer orthe 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 

## ddumpster. The area shall be adequately sized for all waste streams and designed with grading oraberm systemto preventwaterrun-on andrunofffrom the area;
42 100628 syn 6051181(11) New Multi-family residential units and residential development projects with 25 ormore units shall provide a covered area for occupantsto wash their vehicles. A drain shall be installed to capture all vehicle wash waters and shall be connected to an oil/water separatorpriorto 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 waterto the sanitary sewer system; (12) Mercury switches shall notbeinstalledin 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 ofthis exemption, the definition of "historic" shall be limited to structures designated as Category 1 orCategory2 buildings inthe current edition of the Palo Alto Historical and Architectural Resources Report and Inventory.
16.09.185 Personnel orientation. (a) Holders ofindustrial waste discharge permits shall take necessary steps to inform appropriatepersonnel employedby suchpermitholders ofthe provisions ofthis Chapter. (b) Such personnel shall include workers, contractors, and supervisors whose duties pertain in any manner to the production, treatment or disposal ofwaste discharges regulated by this Chapter. (c) Steps to inform suchpersonnel shall includebutnotbelimitedto: (1) Orientation of newly employed or assigned personnel prior to commencement ofwork and at least annuallythereafter; (2) Posting ofsigns 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 ofchemicals inthis drain" or equivalent. (d) All signs shall be translated into the appropriate language unless the primary language ofallpersonnel is English.
16.09.190' Accidental discharge prevention.
43 100628 syn 6051181(a) Each discharger shall provide adequate protection to prevent accidental discharge ofhazardous 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 inviolation ofthis Chapter. (b) When directed by the Superintendent, the discharger shall complete and implement a slug control planperthe guidelines issuedbythe Superintendentin 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 ofhazardous materials above sinks.
No person shall store hazardous materials above a sink that is connected to the sanitary sewer system in a commercial orindustrial facility.
16.09.200 Zinc-containingfloor 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 ofa zinc-containing floor finish, except when the solutions have been treated in a wastewater treatment unit approved by the Superintendent for removal ofzinc. For the purposes ofthis section, zinc-containing floor finishes shallbedefined as floor finish solutions containing greater than 0.01% zincbyweight.
16.09.205 Requirements for cooling systems, pools, spas, fountains, boilers andheat 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 ofthe following: (1) Copperin excess of2.0 mglliter;

. (2) Anytri-butyl tin compound in excess of0.10mglliter; or

(3) Chromiumin excess of2.0mglliter. (4) Zinc in excess of2.0mg/liter. (5) Molybdenumin excess of2.0mglliter
The above limits shall apply to any of the above-listed substances prior to dilution with the cooling system, pool, spa orfountain water. (c) Cooling System Discharges.

44 100628 syn 6051181(1) 

### Forthe purposes ofthis section the average daily flow shall be determined by dividing the total cooling system blowdown volume from April.through October by the number ofdays ofoperation for the same period. (2) The maximum allowable limit for discharge ofcopper for cooling systems discharging an average daily flow oflessthan 2000 gallons perday shall be 2.0 mg/liter. (3) The maximum allowable limit for discharge ofcopper 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, amass limit or a specified maintenanceprogram, or a combination ofthese. (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 ofcooling 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 ofwater 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 bereviewedbythe cooling system operatorpriorto discharge. (e)Devices using electricity to dissolve copper or silver into water distribution systems, cooling systems, pools, spas or fountains areprohibited.
16.09.210 Root and pestcontrol 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 applicationpermit. (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 ofthe root control chemical and application methods beyond that required on the application form. Completed application forms shall be filed bythe root or pest control applicator not less than sixty days in advance of commencing discharge. The discharger shall not commence discharge priorto permit approval. (2) The Superintendentmayimpose terms and conditions onthepermit which the Superintendent deems reasonable ornecessaryto carry outthepurposes ofthis Chapter. (b) 

### No person shall discharge, dispose of or add to the sanitary sewer system any substance containing greater than five percent copperbyweight, 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 orpests.
16.09.215 Requirements for photographicmaterials processing. (a) All photoprocessors shall comply with either subdivision (2) or subdivision (3) of this subsection (a). Persons who fully complywith subdivision (3) shall notberequired to obtain an industrial waste discharge permit pursuant to Section 16.09.080, unless required to do so pursuant to other sections ofthis Chapter, but shall be required to meet applicable maximum allowable limits for wastewater discharge and otherrequirements. (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, orphotographicpaper. (B) "Photoprocessor" means any person who owns a photographic materials processing system including a business that does photographic materials processing or anyperson who engages inphotographicmaterials 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 ofwashwater, fix, or bleach fix for re-use. (E) "Washwater" means water that has beenused to rinse fix orbleach fix from photographic film orpaper. (2) Silver Removal System. Persons who comply with this subdivision (2) shall install and operate intheir facilities a silver removal system, in a manner which shall insure consistent compliance withthe following effluent standards: (A) The maximum allowable limit for silver shall be 1.0 mg/liter. The maximum allowable limitfor copper shall be2.0 mg/liter. (B) All spent solutions and wash waterthat are not sentoffsite shallbe 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 ofthe treatment ofspent 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 bekept until the next sampling event. The duplicate sample shall be immediately relinquished to the Superintendentuponrequest. A samplingport shallbeinstalled in accordance with specifications set forth inthe wastewater dischargepermit. (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 6051181system 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 ofthis Chapter, at least forty-five days priorto commencing operation ofsuch system. Every person intending to comply with the provisions of this subsection (a)(2) shall submit an annual report to the Superintendent onorbefore February 1ofeach calendaryear. The annual report shall containthe following information for the preceding calendaryear: (i) Type and description of silver removal processes and any regeneration systems employed; (ii) (iii) (iv) Amount ofspent solutions generated; Dates ofequipment 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 localrequirements. ( (A) Every person who complies with this subsection (a)(3) shall maintain, or cause to bemaintained, records that detail the purchase date and quantity ofall 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 ofwaste solution·disposed of; the name, address and identificationnumber ofthe shipper; and the ultimate**d~stination** ofeachbatch ofwaste solution shipped offsite. Such person shall also maintain, or cause to be maintained, a record ofthe amount ofspent solutions regenerated on site. (B) Every photoprocessor intending to comply with the provisions of this subsection (a)(2) shall submit an annual reportto the Superintendent onorbefore February 1 ofeach 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 bythe Superintendent. Along with the summary, the photoprocessor shall submit a statement certifying that itis 

### 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) ofthis section, nor the silver discharge limitations set forth in 16.09.040(q) with respect to the photographic materials processing portion oftheir operations; provided, however, that those photoprocessors generating atotal ofone hundred gallons ormore permonth ofspent solutions shall berequired to meet the



### 47 100628 syn 6051181silver limitations ofsubsection (a)(2) ofthis section with respect to washwater, even ifall spent solutions are shipped offsite. (b) The maximum allowable limitfor copper for photographic materials processing shall be2.0mglliter.
16.09.220 Requirements for dentalfacilities thatremove orplace amalgamf"Illings. (a) Definitions. Forthepurposes ofthis sectionthe following words and phrases shall be as definedherein: (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 systembefore itdischarges 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 orunusable amalgam capsules. (3) "ISO 11 143" is the International Organization for Standardization's standard for amalgam separators. (b) All owners and operators ofdental facilities thatremove orplace amalgam fillings shall complywiththe following wastemanagementpractices: (1) No person shall rinse chair-side traps, vacuum screens, or amalgam separators equipmentin a sink orother connectionto 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 ofmercury-containing material and fixer-containing solutions. Training records shall be maintained and made available for inspection as describedin Section 16.09.160. (3) Amalgam waste shall be stored and managed in accordance with the instructions oftherecycler orhauler ofsuchmaterials. (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 ispermitted. (c) All owners and operators ofdental vacuum suction systems, except as set forth in subsection (d) ofthis section, shall complywiththe following: (1) An ISO 11143 certified amalgam separator device shall be installed for each dental vacuum suction system. The installed device mustbe ISO 11143 certified as capable ofremoving a minimum of 95 percent of amalgam. The amalgam separator system shall be certified at flow rates comparable to the flow rate ofthe 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 ofISO 11143
48 100628 syn 6051181testmethodology, a non-certified separatorwill be accepted, provided that smallerunits from the samemanufacturer and ofthe sametechnology 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 peryear: (1) (2) (3) (4) (5) (6) (7) Orthodontics; Periodontics; Oral and maxillofacial surgery; Radiology; Oral pathologyororal medicine; Endodontistry; Prosthodontistry. (e) All owners and operators ofdental facilities shall submit an annual report for each facility to the Superintendent on or before February 1 ofeach 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 certifythatitis infull compliance withthis section. The annual report shall beon a form providedbythe Superintendent. (f) Themaximum allowablelimitfor copper for dental facilities shallbe2.0 mg/liter.
16.09.225 Requirements for**vehicl~** service facilities. (a) Definitions. Forthepurposes ofthis sectionthe following words andphrases shall be as definedherein: (1) "Commercial vehicle washing facility" means a commercial facility where vehicle washing is a primary business activity. Commercial vehicle washing facilities include, but are notlimitedto, mobilewashingrigs. (2) "Fleetwashing facility" means a facility for washingvehicles, at a location where a businessmaintains six ormore 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 notlimitedto, 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 ofthe following operations with respect·to vehicles or components of vehicles: vehicle repair, fuel dispensing, vehicle fluid replacement, engine and parts cleaning, bodyrepair, vehicle salvage and wrecking, orvehicle 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, ofvehicle fluids, hazardous materials, or rinse water from parts cleaning operations into storm drains; (2) All owners and operators ofvehicle service facilities shall ensure that any vehicle fluid, hazardous material, or rinse water from parts cleaning operations that comes into contactwith anyfloor, pavement orground surface is cleanedup immediatelyfrom 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 permitobtainedinaccordance withthis 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 permithas beenobtained 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 obtainedin accordance withthis 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 willbeinan area ofsecondary containment; (7) Leaking vehicle fluids shallbe contained ordrained 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 maybe allowedpursuantto an industrial waste dischargepermit obtainedin accordance withthis Chapter. Nothinginthis subsection shallbe construed to prohibittheproperreuse ofwastewater; (10) No person shall discharge into the storm drains water from vehicle washing operations, except from rinsing ofvehicle 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) Cleanup spills withrags orother absorbentmaterials; (B) Sweep floor using dry absorbent material; (C)

. Mop floor. Mop watermustbe discharged to the sanitary sewervia atoilet or sink.(12)

.All owners and operators ofvehicle 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; 50 100628 syn 6051181(13) No acid-containing batteries shall be stored except within secondary containment; (14) All owners and operators ofvehicle service facilities shall ensure that all employees of such facilities are trained, upon hiring and annually thereafter, regarding best managementpractices in accordance with guidelines issued andpublishedbythe Superintendent. (15) All owners and operators ofvehicle service facilities shall post or causeto be posted signs on all storm drain inlets located on the property ofthe facility with the words "No dumpingFlows to Bay" orequivalent; (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 ormore containers to accumulate wet sanding wastewater and mop water from wet sanding areas. A minimum of48 hours shall be provided for the settling ofsolid materials from the waterpriorto the water's discharge to the sanitary sewer system. An alternative solids removal method maybe utilizedprovidedthatthe methodhasbeendemonstrated tobe equally effective, and approvedby 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 be2.0 mglliter (d) All records required tobekeptpursuantto this subsection shallbemaintained 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 withthe following standards: (1) No person shall dispose of, nor permit the disposal, directly or indirectly, ofmachine shop fluids, hazardous materials, mop water, or rinse water from parts cleaning or deburringltumbling operations into storm drains; (2) No person shall dispose ofmachine shop fluids or rinse water from parts cleaning or deburringltumbling operations into the sanitary sewer system except pursuant to an industrial waste dischargepermitobtainedinaccordance withthis 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 permithas been obtainedinaccordance withthis 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 orto 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) Cleanup spills withrags orother absorbentmaterials; (B) Sweep floorusing dry absorbentmaterial; and

51 100628 syn 6051181(C) Mop floor. Mop water shall be discharged to the sanitary sewer via atoilet 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 ofthe facility with the words "No Dumping

- Flows to Bay" or equivalent. (7) All owners and operators ofmachine shops shall ensure that all employees who work directly on machine operations or clean up ofsuch facilities are trained, upon hiring and annually thereafter, regarding best management practices for machine shops in accordance with guidelines issued andpublishedbythe Superintendent. (b) mglliter.
16.09.235 The maximum allowable limit for copper for machine shop discharge shall be 2.0

Annualpublication ofsignificantnoncompliant 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, duringthe previous twelve months.
16.09.240 Enforcement: Warning.
The Superintendent mayissue verbal or written warnings in response to minor violations or the potential for a discharger to cause violations ofthis Chapter. Compliance with warnings does not limit further enforcement actionbythe City.
16.09.245 . Enforcement: Notice ofnon-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 anotice ofnoncompliance which: (1) Enumerates the violations found; and (2) Orders compliancebya certain date.
Ifthe 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 pennitpursuantto Section 16.09.095. (b) Subject to the following limitations, and in addition to the prOVISIons of subsection (a), the Superintendentmayrequire a discharger thathas violated any discharge limits contained in this Chapter to install a temporary system for the capture, testing and release of wastewater:

52 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 haveproved difficult to identify orimplement. (2) The requirement will apply only to those specific areas ofa 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 wayto determine where the discharge maybe originating. (3) The requirement will not be applied when the Superintendent determines that a capture system is impractical. Ifthe 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 ofdischarge limits shall be setbythe Superintendent and maybeup to twenty-one consecutive, violation-free calendar days ofsampling bythe discharger followed by up to four days ofviolation-free samplingbythe Superintendent.
16.09.250 Enforcement: Administrative compliance order. 

### Any person who violates any provision ofthis Chapter or any provision of any.permit issued pursuantto this Chapter shall be subjectto the administrative compliance orderprovisions contained inChapter 1.16 ofthis code.
16.09.255 Enforcement: Criminal penalties.


### As provided in 1.08 ofTitle 1 ofthis code, violations ofthe provisions ofthis title shall be subject to criminal penalties. The following designated employee positions may enforce the provisions ofthis Chapter by the issuance ofcitations. 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 ofthis 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 ofthis Chapter or any provision of any permit issued pursuant to this Chapter shall be subject to the administrative citation provisions contained inChapter 1.12 ofthis code.
16.09.265 Enforcement: Administrative civil penalties. 

### (a) Complaint. The Superintendent may serve an administrative complaint 'on any person who has violated anyprovision ofthis Chapter. The complaint shall state: (1) The act orfailure that constitutes the violation; (2) Theprovisions oflaw authorizing the civil liabilityto be imposed; and (3) Theproposed civil penalty. 

### 53 100628 syn 6051181The complaint shall be servedbypersonal delivery or certified mail ontheperson subject to requirements thatthe Superintendent alleges were violated, and shall inform theperson served that a hearing on the complaint shall be conducted within sixty days after service, unless the person charged withthe violation waives his orherright to a hearing. (b) Hearing. Unless theperson charged withthe violation(s) waives his orherrightto a hearing, the city manager or designee ofthe city manager shall conduct a hearing within sixty days. Ifthe hearing officer finds thatthe person has caused a violation, he or she may assess administrative penalties against the person. In determining the amount ofthe civil penalty, the hearing officermaytake into consideration all relevant circumstances, including, butnot limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence ofthe violation, the length oftime over which the violation occUrs and corrective action, if any, attempted or taken by the discharger. Civil penalties thatmaybeimposed are as follows: (1) An amount not to exceed two thousand dollars per day for failing or refusingto furnish technical ormonitoringreports; (2) An amount not to exceed three thousand dollars per day for failing or refusing to complyin atimelyfashion with fIDY compliance schedule establishedbythe City; (3) An amount not to exceed five thousand dollars per day of violation for discharges in violation ofany waste discharge limitation, permit condition orrequirement issued bythe City; and (4) An amount not to exceed ten dollars per gallon for discharges inviolation of any suspension, cease and desist order or other orders, or prohibition issued, reissued or adoptedbythe City. (c) Appeal. Any person against whom penalties are assessed by the hearing officer may appeal the decision ofthe hearing officer within thirty days ofnotice ofthe decision. The city council may hear the appeal or deny review ofthe case. Ifthe city council decides to hear the appeal, it shall conduct the appeal in accordance with procedures established bythe council. The decision ofthe city council shall bein writing and shall be final. All civil penalties imposed in accordance with this section shall bepayable within thirty days ofthe decision ofthe hearing officer; provided, that ifthe decision is appealed, all penalties shall bepayable withinthirty days afterthe city council decision onthe appeal. (d) Lien. The amount of any civil penalties imposed under this section which have remained delinquent for a period ofsixty 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 ofuncollected penalty to be recorded with the county recorder, in accordance with Section 54740.5 ofthe California Government Code, as the same from timeto timemaybe amended.
16.09.270 Enforcement: Judicial civilpenalties. Anypersonwho intentionally ornegligentlyviolates any provision ofthis Chapter or any provision ofanypermitissued pursuantto this Chapter shall be civillyliable to the Cityin 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 Citymaypetitionthe Superior Courtpursuant to Government Code Section 54740to impose, assess, and recover such sums. The remedy provided in this section is cumulative and not exclusive, and shall be in addition to the penaltyprovisions ofChapter 1.08 ofthis code and all otherremedies availableto the Cityunder 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 orrepair said facility.
16.09.280 Cityrightto terminate discharge.


### The City reserves the right to terminate sewer service for noncompliance with the provisions ofthis Chapter which reasonably appear to present an imminent endangerment to the health, safety, and welfare ofpersons. The discharger shall immediately cease discharge ofany waste presenting such a hazard, upon verbal andlor written notice ofthe 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 anynoncompliant discharger.

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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'byregulatory agencies for theprotection ofthe environment). II
II
II II
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55 100628 syn 6051181SECTION4. This ordinance shall be effective onthe thirty-first dayafterthe 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:

APPROVEDAS TO FORM:

# 4JtrJ~~ DeputyCity ttomey

56 100628 syn 6051181