14.16.460 Procedures—Outlined.

(A) Identification. Identify and locate all industrial users subject to the POTW pretreatment program. Identify the character and volume of pollutants contributed to the POTW by the industrial users identified under 403.8(f)(2)(i).

(B) Notification. The city will notify the significant industrial user of applicable pretreatment standards and requirements.

(1) Receive and analyze self-monitoring reports and other notices submitted by industrial users in accordance with the self-monitoring requirements in 40 CFR 403.12.

(2) Inspect and sample the effluent from each significant industrial user at least once per year. Determine if each significant industrial user needs a plan to control slug discharges at least once every two years.

(D) Accidental Discharges.

(1) Each discharger shall provide protection from accidental discharge of prohibited materials and/or other wastes regulated by this title. Where necessary, or as directed by the city manager, retention basins, dikes, storage tanks or other facilities designed to eliminate, neutralize, offset or otherwise negate the effects of prohibited materials or wastes discharged in violation of this title shall be installed.

(2) Dischargers shall notify the city immediately when accidental discharges, including slug loads of wastes in violation of this title occur so that counter measures may be taken by the city to minimize damage to the sewer system, treatment plant, treatment process and the receiving waters. Such notification of "interference" will not relieve dischargers of liability for any expense, loss or damage to the sewer system, judgments imposed on the city on account thereof under Section 13000 et seq., of the California Water Code or for violation of Section 5650 of the California Fish and Game Code.

(3) In the event of accident discharge in violation of this title, discharger shall furnish the city, within five days of the date of occurrence, a detailed written statement describing the causes of the accidental discharge and the measure being taken to prevent future occurrence.

(4) Sewer connections within the discharger's plumbing or drainage system shall be appropriately labeled to warn operating personnel against discharge of any substance in violation of this title.

(E) Slug Loading Control Plan. An industrial user must develop and implement a slug loading control plan whenever the city decides that a slug control plan is needed. The slug loading control plan shall contain, at a minimum, the following elements designed to prevent slug loading:

(1) Description of discharge practices, including nonroutine batch discharges.

(2) The description shall include a list of chemicals that are handled/stored, MSDS reports, volume of each chemical, and capacity of each tank.

(3) Procedures for immediately notifying the POTW of slug discharges, including any discharges that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days.

(4) Procedures to prevent adverse impact from slug loads, including inspection and maintenance of potential spill sources including storage areas, loading and unloading operations, control of plant site runoff, working training, building of containment structures or equipment measures for containing toxic organic pollutants (including solvents) with a list of measures, equipment, and materials available for spill response activities along with their location. A listing of commercial (or other) suppliers of spill response equipment and materials (indicating the types of equipment available) and their telephone numbers.

(5) A list of the facility personnel (by name and title) that have an identified role to play in the implementation of a slug load response plan, indicating the responsibilities and authorities of each.

(6) The plan containing all of the above prescribed elements must be submitted to the city for approval within two months from the date requested to develop and implement a slug loading control plan. Full implementation of an approved slug loading control plan is not to exceed four months.

(7) The industrial user "permittee" shall notify the city of any proposed changes to the plan by submitting proposed revised plan to the NSD and informing the NSD in advance of the date upon which the proposed revised plan will take effect (pending approval by NSD). (Ref. 40 CFR 403.8(f)(2)(v).)

(F) Investigate Noncompliance. Investigate instances of noncompliance with pretreatment standards and requirements including but not limited to reports, notices, sample-taking and analysis, inspections and surveillance activities.

(G) Public Participation (Significant Noncompliance). The procedures in this section and 40 CFR Part 25 in the enforcement of national pretreatment standards include provision. An industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

(1) Chronic violations (exceeding the daily maximum limit or the average limit sixty-six percent of the time during a six-month period) of the same pollutant parameter;

(2) Technical review criteria (TRC) violations (thirty-three percent or more of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the applicable limit and the TRC value (1.4 times the limit for a conventional pollutant or 1.2 times the limit for a toxic pollutant));

(3) A violation of pass through or interference;

(4) A discharge of imminent endangerment to human health, welfare, or the environment, or which required the POTW to use its emergency, authorities under 40 CFR 403.8(f)(1)(vi)(b);

(5) Violations of a compliance schedule milestone by ninety days;

(6) Failure to accurately report noncompliance;

(7) Any other violation deemed significant by the control authority. (Ref. 40 CFR 403.8(f)(2)(vii).)