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HomeMy WebLinkAbout258ORDINANCE NO. 258 AN ORDINANCE OF THE CITY OF THE TOWN OF LOS ALTOS HILLS AMENDING CHAPTER 4 ENTITLED "SEWAGE" OF TITLE 6 OF THE LOS ALTOS HILLS MUNICIPAL CODE BY ADDING THERETO ARTICLE 3. The City Council of the City of the Town of Los Altos Hills does ORDAIN as follows: SECTION 1. AMENDMENT OF CODE. Chapter 4 of Title 6 of the Los Altos Hills Municipal Code hereby is amended by adding thereto Article 3 to read as follows: ARTICLE 3. SEWER USE. SECTION 6-4.301. DEFINITIONS. The following words and phrases, whenever used in this Article, shall be as defined herein. Words, terms and phrases used in this Article not otherwise defined shall be as defined in the latest edition of STANDARD METHODS FOR THE EXAMINATION OF WATER AND WASTEWATER, published by the American Public Health Association: (a) "Average concentration" of a substance shall mean the total daily discharge weight of the substance divided by the total daily wastewater volume at the point of discharge. (b) "Cesspool" shall mean a lined or partially lined underground pit into which raw sanitary sewage is discharged. (c) "City" means the City of the Town of Los Altos Hills. (d) "City Engineer" shall mean the City Engineer of the City of the Town of Los Altos Hills. (e) "Discharger" shall mean any person who discharges, causes, or permits the discharge of industrial waste into a city sewer. V %0 (f) "Industrial wastes" shall mean any liquid wastes and liquid borne wastes from industrial and/or commercial processes, as distinct from domestic or sanitary sewage. (g) "Interceptor" shall mean a receptacle or trap designed and constructed to intercept, separate and prevent the passage of pro- hibited substances into the sewer system. (h) "Organic solvent" shall mean any solvent which contains carbon in its molecular structure. (i) "Person" shall mean any individual, partnership, firm, association, corporation, or public agency. (j) "Point of discharge" shall mean the point at which any private sewer joins a public sewer lateral. (k) "Sanitary sewer" shall mean water -carried wastes from residences, business property, institutions and industrial property excluding ground, surface, storm waters and industrial wastes. (1) "Seepage pit" shall mean a device comprised of one or more pits extending into porous strata, lined with open -joined masonry or similar walls, capped and provided with a means of access such as a manhole cover and into which waste water disposal system effluent is discharged. (m) "Sewage treatment plant" shall mean any arrangement of devices and structures used for treating sanitary sewage and indus- trial wastes. (n) "Sewer" shall mean a pipe or conduit for carrying sewage. (o) "Sewer system" shall mean all sewers, treatment plants and other facilities owned or operated by the City Or by the City of -2- V 40 Palo Alto with whom City is a sub -partner, for carrying, collecting, treating, and disposing of sanitary sewage and industrial wastes. (p) "Storm water" shall mean the flow in sewers resulting from rainwater. (q) "Unpolluted water" means water to which no constituent has been added, either untentionally or accidentally, that would render such water unacceptable for disposal to storm or natural drainages or directly to surface waters. SECTION 6-4.302. RESPONSIBILITY OF THE CITY ENGINEER. The City Engineer shall be responsible for the administration and enforce- ment of the provisions of this Article, for conducting an industrial waste source control program, and for promulgating such orders, rules and regulations as are necessary to accomplish the purpose of this Article in accordance with the requirements that are or may be pro- mulgated by the Environmental Protection Agency, the State Water Resources Control Board, the Regional Water Quality Control Board for the San Francisco Bay Region or other duly authorized Boards or Agencies. SECTION 6-4.303. INDUSTRIAL WASTES DISCHARGE PERMIT. (a) It shall be unlawful for any person or organization to dis- charge or cause to be discharged any industrial wastes whatsoever directly or indirectly into the sewer system without first obtaining a permit for industrial wastes discharge. The City Council may estab- lish an appropriate fee for such permits. Furthermore, it shall be unlawful for any person or organization to discharge any industrial wastes in excess of the quantity or quality limitations set for this Article or by a permit for industrial wastes discharge. IMC (b) A discharger may request permission to discharge prohibited wastes or wastes containing concentrations of substances or character- istics in excess of those permitted by this Article, hereinafter referred to as exceptional industrial wastes. (c) The City Engineer may authorize a discharger by permit to discharge exceptional industrial wastes when the permit will not result in a violation of any of the prohibited effects described in Section 6-4.314 , and the City is compensated for any costs it incurs including any expense in determining whether such discharge is compatible with the sewer system. (d) The permit for any industrial wastes discharge may require pretreatment of industrial wastes before discharge, restrict peak flow discharges, prohibit discharge of certain wastewater components, restrict discharge to certain hours of the day, require payment of additional charges to defray increased costs to the City created by the wastewater discharge and impose such other conditions as may be required to effectuate the purpose of this Article. (e) No permit for industrial wastes discharge is transferable without the prior written consent of the City Engineer. (f) Any person or organization desiring to discharge wastes or use facilities which are not in conformance with their industrial wastes permit shall apply for an amended permit. SECTION 6-4.304. INDUSTRIAL WASTES DISCHARGE PERMIT PROCEDURE. (a) Applicants for a permit for any industrial wastes discharge shall complete and submit an application form available at the City Engineer's office for each point of discharge. The City Engineer se N to shall establish the contents of said form and may require additional information on the characteristics of the wastewater discharge beyond that required on the application form. (b) The application shall be approved if the applicant has complied with all requirements of this Article, furnished all re- quested information, and the City determines that there are adequate devices, equipment, chemicals, and other facilities to convey, treat, and dispose of the industrial wastes. SECTION 6-4.305. PERSONNEL ORIENTATION. Holders of industrial waste discharge permits shall take necessary steps to inform approp- riate personnel employed by such permit holders of the provisions of Sections 6-4.314 and 6-4.315. Such personnel shall include workers and supervisors whose duties pertain in any manner to the production or removal of waste discharges regulated by this Article. Steps to inform such personnel shall include: (a) Orientation of newly employed or assigned personnel, (b) Annual orientation of all appropriate personnel, and (c) Posting of work stations with signs indicating approved methods for disposition of wastes. SECTION 6-4.306. SUSPENSION OR REVOCATION OF INDUSTRIAL WASTES DISCHARGE PERMIT. (a) Any permit for industrial wastes discharge may be revoked, or suspended by the City Engineer for a period not to exceed forty- five days, in addition to other remedies provided by law, when such action is necessary in order to stop a discharge which presents a hazard to the public health, safety, welfare, natural environment, sewer system, or which violates this Article. -5- b *► (b) Any discharger notified of the City's intent to revoke or suspend the discharger's permit shall immediately cease and desist the discharge of all industrial wastes or such portion of said wastes as will eliminate the wrongful discharge to the sewer system pending any hearing that the discharger may request as set forth in Section 6-4.307. (c) The City Engineer shall reissue or reinstate any industrial wastes permit upon proof of satisfactory compliance with all discharge requirements. SECTION 6-4.307. PERMIT DENIAL, REVOCATION, OR SUSPENSION HEARING. (a) Every industrial wastes discharger shall have, at its request, an informal hearing before the City Manager, before the industrial wastes permit application is denied, or the permit is revoked or suspended. (b) The City Engineer shall give the industrial wastes discharger applicant or permit holder ten days written notice of intent to deny the application, or to revoke or suspend the discharger's permit. The notice shall set forth specifically the ground or grounds for the City Engineer's intention to deny, revoke, or suspend and shall inform the applicant or permit holder that they have ten days from the date of receipt of the notice to file a written request for a hearing. The application shall be denied or the permit shall be revoked or sus- pended if a hearing request is not received within the ten day period. (c) If the applicant or permit holder files a timely hearing request, the City Manager shall set a time and place for the hearing within five working days from the receipt of the request. All parties involved shall have the right to offer testimonial, documentary, and CDC 1r tangible evidence bearing on the issues and to be represented by counsel. The decision of the City Manager, whether, to deny the application or revoke or suspend the permit shall be final SECTION 6-4.308. WASTE SAMPLING LOCATIONS. (a) Every establishment from which industrial wastes are dis- charged to the sewer system shall provide and maintain one or more outside manholes, access boxes, junction chambers or other sampling points approved by the City Engineer which will permit the separate sampling of sanitary and industrial wastes. The City Engineer may approve sampling points which will permit the separate sampling of industrial wastes only for establishments existing on the effective date of this Article. Sanitary and industrial wastes shall be kept completely separated upstream of such sampling points. Sampling points shall be so located that they are safe and accessible to City inspectors at any reasonable time during working hours. (b) The City Engineer, or his authorized representatives, may make inspections of the sampling structures, take samples and install automatic sampling or analytical equipment. SECTION 6-4.309. TRUCKER'S DISCHARGE PERMIT. (a) All persons operating vacuum or "cesspool" pump trucks or other liquid waste transport trucks desiring to discharge septic tank, seepage pit, interceptor or cesspool contents, industrial liquid wastes or other liquid wastes to the sewer system shall first acquire a trucker's discharge permit. -7- (b) Truck transported industrial wastes shall be discharged only at the locations specified by the City Engineer for the specific waste. The City shall require payment for treatment and disposal costs or may refuse permission to discharge certain prohibited wastes in accordance with Utility Rule and Regulation No. 19, Special Sewer Division Regulations of the City of Palo Alto's Utility Rules and Regulations. Denial, suspension, or revocation of such permit shall be in accordance with Sections 6-4.306 and 6-4.307. SECTION 6-4.310. LIMITATIONS ON POINT OF DISCHARGE. No person shall discharge any substances directly into a manhole or other opening in a City sewer, other than through an approved building sewer. SECTION 6-4.311. TRADE SECRETS. A discharger may be prohibited from discharging a substance into the sewer system unless its composition is made known to the City Engineer. Any trade secrets disclosed to the City in the course of implementation or enforcement of this Article shall not be made public except to that extent necessary to enforce this Article. SECTION 6-4.312. ACCIDENTAL DISCHARGES. (a) Each discharger shall provide adequate protection to prevent accidental discharge of prohibited materials or other wastes regulated by this Article. Where directed by the City Engineer, the discharger shall install retention basins, dikes, storage tanks, or other facilities designed to eliminate, neutralize, offset or otherwise negate the effects of prohibited materials or wastes which may be discharged in violation of this Article. (b) Discharger shall notify the City Engineer immediately when accidental discharges of wastes in violation of this Article occur so that counter measures may be taken to minimize damage to the sewer system, treatment plant, treatment processes and the receiving waters. -8- V 4 Such notifications will not relieve any discharger of liability for any expense, including but not limited to costs for counter measures, loss or damage to the sewer system, and/or treatment plant, or treatment process, of for any fines imposed on the City on account thereof, or for damages incurred by any third party. (c) In the event of accidental discharge in violation of this Article, discharger shall furnish the City, within fifteen days of the date of occurrence, a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence. Such information shall be used for the purpose of achieving compliance and shall not be used for prosecution of the accidental discharge violation. SECTION 6-4.313. DISCHARGER SELF-MONITORING. The City Engineer may require the discharger to conduct a reasonable sampling and analysis program of discharger's industrial wasteof a frequency and type required by the City Engineer to demonstrate compliance with the industrial waste requirements of this article. The City Engineer may require the industrial discharger to have samples analyzed, at discharger's expense, by a laboratory approved by the State of California Department of Health for such analysis. If compliance is demonstrated, samples shall not be required more frequently than quarterly. SECTION 6-4.314. PROHIBITED EFFECT. Wastes discharged into the sewer system shall not have characteristics which by themselves or by interaction with other wastes may: (a) Endanger public health and safety; (b) Cause damage to the sewer system; (c) Create nuisance such as odors or coloration; (d) Result in extra cost of collection, treatment, or disposal; -9- Iw hi (e) Inhibit or disrupt any wastewater treatment process; (f) Prevent, hinder, delay, or impede compliance with effluent quality requirements established by regulatory agencies, or exceed the same; (g) Cause wastewater quality to fall outside reclamation feasibility limits. SECTION 6-4.315. CHARACTER OF WASTES. Wastes prohibited from discharge to the City's sewer system are as follows: (a) Biochemical Oxygen Demand (B.O.D.). The average B.O.D. concentration of discharged wastes shall not exceed 400 mg/liter. (b) Chemical Oxygen Demand (C.O.D.). The average C.O.D. concentration of discharged wastes shall not exceed 1,000 mg/liter. (c) Dyes. Wastes showing excessive coloration shall not be discharged into the sewer system. Excessive coloration shall be defined as any coloration in a waste which, for any wave length, dis- plays less than sixty percent of the light transmissibility of distilled water under the following conditions: (1) After filtration through a 0.45 micron membrane filter; (2) In the pH range of 5.5 to 10.0; (3) Through a one centimeter light path; (4) A maximum spectrum bank width of 10 millimicrons; (5) Through the wave length range from 400 to 800 millimicrons. (d) Explosives. No solids, liquids, or gases which by themselves or by interaction with other substances may create fire or explosion hazards shall be discharged. Discharge of any explosive substances shall be unlawful. Flammable substances including, but not limited to, acetone, alcohols, benzene, gasoline, xylene, hexane and naptha, shall not be discharged into the sewer system. Where flammable substances are used in processes, separate collection and disposal outside the -10- V N sewer system shall be provided. (e) Grease and Oil. Grease and/or oil shall not be discharged into the sewer system if the average concentration of floatable oil and/or grease (defined as that which is subject to gravity separation at a temperature of 20 degrees C and at a pH of 4.5) exceeds 20 mg/liter; nor shall the total oil and/or grease concentration exceed 200 mg/liter. (f) Hydrogen ion concerntration. The pH of wastes discharged to the sewer system shall at all times be within the range of 5.5 to 10.0. (g) Noxious or malodorous substances. No industrial waste shall be discharged which alone or in combination with other wastes may create a public nuisance, hazard, or make human entry into the sewers abnormally hazardous. Mercaptans and dissolved sulfides shall not be discharged in concentrations exceeding 0.1 mg/liter. (h) Organic solvents. Organic solvents shall not be discharged. (i) Radioactivity. The discharge of radioactive wastes into the sewer system shall conform to the requirements of California Radiation Control Regulations Title 17, California Administrative Code, Chapter 5, Subchapter 4, and as subsequently amended. (j) Solids. (1) Inert Solids. The discharge of inert solids including but not limited to sand, glass, metal chips, bone, plastics, etc. into the sewer is prohibited. Settling chambers or treatment works shall be installed where necessary to prevent the entry of inert solids into the sewer system. (2) Solid particles. Industrial wastes shall not contain particulate matter that will not pass through a 1/2 -inch screen; this subsection shall not apply to sanitary sewage from industrial establishments. -11- (3) Suspended solids. The average concentration of suspended solids shall not exceed 300 mg/liter nor shall the maximum concentration of suspended solids exceed 1,000 mg/liter. (4) Total solids. The average concentration of total solids shall not exceed 1,500 mg/liter and the maximum concentration of total solids shall not exceed 5,000 mg/liter. (k) Stored liquid wastes. Liquid wastes that have been collected and held in tanks or containers shall not be discharged into the sewer system except at locations authorized by the City Engineer to collect such wastes. Wastes of this category include but are not limited to: (1) Chemical toilet wastes; (2) Industrial wastes collected in containers or tanks; (3) Pleasure boat wastes; (4) Septic tank pumpings; (5) Trailer, campey:, housecar or other recreation vehicle wastes. (1) Storm water. No storm water, roof or yard drainage, foundation or underdrainage shall be discharged into the sewer system, nor shall any plumbing or piping be connected in such a manner as to make possible the discharge of storm water. (m) Temperature. Temperature of wastewater at the point of discharge shall not exceed 120 degrees F, except for periods of time limited to thirty minutes and for flows limited to 30 gallons per minutes, a temperature of 150 degrees F may be permitted. (n) Toxicity. Toxic discharges include, but are not limited to, heavy metals, cyanides, phenols, bactericides, antibiotics and insecticides. (1) The following is a nonexclusive list of toxic substances and the maximum concentration allowed for each discharge of 50,000 gallons per day or less. For discharges greater than 50,000 gallons per day the maximum concentration shall be one-half the values in -12- the table: Toxicant Arsenic Barium Beryllium Boron Cadmium Chromium, Hexavalent Chromium total Cobalt Copper Cresols Cyanides Formaldehyde Lead Maganese Mercury Nickel Phenols Selenium Silver Zinc vii Maximum Concentration Allowable 0.1 mg/liter 5.0 mg/liter 1.0 mg/liter 1.0 mg/liter 0.1 mg/liter 1.0 mg/liter 2.0 mg/liter 1.0 mg/liter 2.0 mg/liter 2.0 mg/liters 1.0 mg/liter 5.0 mg/liter 0.5 mg/liter 1.0 mg/liter 0.05 mg/liter 1.0 mg/liter 1.0 mg/liter 2.0 mg/liter 5.0 mg/liter 5.0 mg/liter (2) Fluoride. The maximum concentration allowable of fluoride for discharge into the sewer system shall be 5 mg/liter. (o) Unpolluted Water. Unpolluted water, including, but not limited to cooling water, or process water shall not be discharged through direct or indirect connection to a City sewer unless a permit is issued by the City. The City may approve the discharge of such water only when no reasonable alternative method of disposal is available. If a permit is granted for the discharge of such water into a City sewer, the user shall pay the applicable charges and fees and shall meet such other conditions as required by the City. SECTION 6-4.316. STANDARDS FOR OTHER INDUSTRIAL WASTES. The City Engineer may establish standards for any industrial wastes not specifically referred to in this Article. Said standards shall be published and shall be made available to any person requesting a copy of said standards. SECTION 6-4.317. DAMAGE TO FACILITIES. When a discharge causes an obstruction, damage, or any other impairment to City facilities, the City may assess a charge against the discharger to reimburse the City for costs incurred to clean or repair said facility. -13- SECTION 6-4.318. CIVIL PENALTIES. Any person who intentionally or negligently violates any provision of this Article or any provision of any permit issued pursuant to said Article shall be civilly liable to the City in a sum of not to exceed six thousand dollars ($6,000) for each day in which such violation occurs. The City may petition the Superior Court pursuant to Government Code 54740 to impose, assess, and recover such sums. The remedy provided in this section is cumulative and not exclusive, and shall be in addition to the penalty provisions of Chapter 2 of Title 1 of the Los Altos Hills Municipal Code and all other remedies available to the City. SECTION 6-4.319. CONFLICTS WITH EPA REQUIREMENTS. In the event of conflicts between the discharge requirements established in this Article and future EPA discharge requirements, the most restrictive limitation shall apply. SECTION 6-4.320. CONSTRUCTION REQUIREMENT. Sewers shall be constructed in accordance with Town Standards as provided in Chapter 4 of Title 6 of the Municipal Code. SECTION 2. EFFECTIVE DATE. POSTING. This ordinance shall be in full force and effect thirty (30) days from and after its passage, and shall be posted within the City of the Town of Los Altos Hills in three ) public places. Mayo ATTEST: City Clerk -14- I HEREBY CEETPIFy that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of the Town of Ins Altos Hills on the 7th day of November, 1979, and was thereafter passed and adopted on the 5th day of necanber, 1979. �� �� City Clerk -15-