Stockton Municipal Code
Chapter 7
HEALTH AND SANITATION CODE

Part III
WASTEWATER DISCHARGES AND TREATMENT WORKS

Division III
ADMINISTRATION

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SEC. 7-090. ADMINISTRATION:

SEC. 7-090.1. ESTABLISHING RULES AND REGULATIONS:
The City Manager is hereby authorized to establish any rules and regulations necessary for the enforcement of this Division. He may delegate and appoint members of the City Administration to act on his behalf.
(Added by Ordinance 3690C.S. — Effective Oct. 13, 1983)

SEC. 7-090.2. WASTEWATER DISCHARGE PERMITS:
1. Mandatory Permit. All users proposing to connect to or discharge into a sanitary sewer must obtain a Wastewater Discharge Permit before connecting to or discharging into a sanitary sewer.
Any user who desires to increase or change the nature or constituents of its discharge to its existing connection must notify the Control Authority and apply for a change to its permit conditions ninety (90) days prior to the effective date of the anticipated change, or at such other time as prescribed by the Director. The user shall not increase or change the flow as indicated in this Paragraph before receiving authorization to do so from the Control Authority. Failure to report and obtain prior approval for said increase or change may result in the City's terminating the existing permit, assessing administrative penalties, or the City availing itself of any other remedy authorized by this Part.
2. Optional Permits. The Director may issue a Wastewater Permit to any user, upon application, in accordance with the terms of this Section in the following categories:
a. A user who requires the user charges and fees to be based on an estimation of wastewater flow.
b. Any user whose wastewater strength is less than normal range for the user classification to which it is assigned because of pretreatment, process changes, or other reasons.
3. Permit Application. Users required to obtain a Wastewater Permit shall complete and file with the City an application in the form prescribed by the City. Proposed new users or existing users desiring to increase or change their existing flow (as indicated in Section 7090.2.1 of this Part) shall apply for a permit or change in existing permit conditions ninety (90) days prior to the anticipated connection date or date of increase or change, or at such other time as prescribed by the Director. Failure to file an application in accordance with this Section may result in a denial of the user's application, termination of existing connections or permits, the assessment of administrative penalties by the City, or the City otherwise pursuing legal, equitable, or injunctive relief as authorized by this Part or otherwise available under California or Federal law.
4. Permit Duration. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than five (5) years or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of ninety (90) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements are identified or other just cause exists. The user shall be informed of any proposed changes in its permit at least thirty (30) days prior to the effective date for the required change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
5. Permit Transfer. Wastewater Discharge Permits are issued to a specific user for a specific operation. A Wastewater Discharge Permit shall not be reassigned, transferred, or sold to a new owner, new user, different premises, or a new or changed operation, and shall not extend to an increase in usage, discharge, or operations by an existing user without the approval of the City. Any succeeding owner or user shall apply for a Wastewater Discharge Permit thirty (30) days prior to change of ownership and shall also comply with the terms and conditions of the existing permit until a new permit is issued.
6. Users (including Significant Industrial Users). In addition to the provisions set forth above, regarding the duration and transferability of permits, permits issued to users shall specify, in detail, the requirements for self-monitoring, sampling, reporting, notification, and record keeping; the applicable Federal, State, and local effluent limitations; and the administrative, civil, and criminal penalties which may be pursued in cases of noncompliance.
(Amended by Ordinance 013-93C.S. — Effective June 10, 1993) (Added by Ordinance 3690C.S. — Effective Oct. 13, 1993)

SEC 7-090.3. REPORTING AND MONITORING REQUIREMENTS:
1. The Director shall require users to submit periodic monitoring and compliance reports. Such reports may consist of baseline monitoring reports, compliance schedule reports, reports on compliance with categorical deadlines, periodic reports from categorical users, and periodic compliance reports from significant noncategorical users, and, at a minimum, shall comply with the reporting requirements set forth in 40 CFR 403.12. In addition, users, industrial users, or significant industrial users subject to national pretreatment standards shall comply with all requirements governing those standards.
2. All reports and documentation required to be submitted pursuant to this Section shall be signed by the appropriate officials and representatives of the industrial user or significant noncategorical user and shall contain a certification statement as that required by 40 CFR 403.6(a)(2)(ii) which shall attest to the integrity of the analytical data submitted. Furthermore, all such users must keep records of monitoring activities and results for a minimum of three (3) years, or longer in the case of unresolved litigation or when requested to do so by the Approval Authority.
3. Industrial users shall notify the POTW prior to releasing any discharge which differs from the terms of the permit in measurable amounts with regard to the volume or character of pollutants contained in the discharge, including hazardous wastes. In addition, all users shall immediately notify the POTW and the appropriate local, State, and Federal agencies of any discharge which would be considered a hazardous waste if disposed of in a different manner. Any verbal notice given to the POTW as required by this Part shall be followed by a written report of the particulars of each such incident within fifteen (15) days after the user becomes aware or should have become aware of the discharge. In addition, all industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge.
4. Where sampling by a user, conducted pursuant to this Section, indicates a violation, the user shall notify the POTW within twenty-four (24) hours of becoming aware of the violation. Within thirty (30) days of discovering the violation, the user shall resample and submit a report of the results of the resampling to the POTW. The industrial user is not required to resample if the POTW performs monitoring at the industrial user's facility at least once a month or if the POTW performs sampling between the industrial user's initial sampling and when the industrial user receives the results of the initial sampling.
(Amended by Ordinance 013-93C.S. — Effective June 10, 1993) (Added by Ordinance 3690C.S. — Effective Oct. 13, 1983)

SEC. 7-090.4. MONITORING FACILITIES:
The City may require, at the user's expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the City may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it may not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the City, unless otherwise allowed.
(Added by Ordinance 3690C.S. — Effective Oct. 13, 1983)

SEC. 7-090.5. INSPECTION, SAMPLING, AND PHOTOGRAPHS:
The City shall inspect the facilities of any user to ascertain whether the purpose of this Part is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or the City's representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, examining records, or performing any of their duties. The City, Approval Authority (where the State is the Approval Authority), and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring, and/or metering operations.
Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, City Inspectors, Approval Authority, and EPA will be permitted to enter without delay for the purpose of performing their specific responsibilities.
City Inspectors may, in the course of their inspection, photograph any condition on the premises thought by the Inspector to possibly constitute a violation of this Part or any other local, State, or Federal law and any mechanism, apparatus, means or method thought to contribute to or facilitate the suspected violation, including, but not limited to, the waste treatment drains and pipes, monitoring equipment waste disposal areas, chemical storage tanks, and/or waste container labels.
Upon the written requests of the EPA or State or local governmental agencies charged with regulatory jurisdiction, all photographs taken in accordance with this Part shall be made available to such agencies without reservations. Such photographs may also, upon written request only, be made available to the public or other nongovernmental agencies unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the photographs should be considered confidential in that, if released, they would divulge information, processes, or methods of production entitled to protection as trade secrets of the user. Photographs accepted by the City as confidential shall not be transmitted to any nongovernmental agency or to the general public by the City until ten (10) days after notification is given to the user.
(Amended by Ordinance 013-93C.S. — Effective June 10, 1993) (Added by Ordinance 3690C.S. — Effective Oct. 13, 1983)

SEC. 7-090.6. PRETREATMENT:
All users affected by the National Categorical Pretreatment Standards shall provide necessary wastewater pretreatment in accordance with the general pretreatment regulations contained in 40 CFR 403 and as indicated elsewhere in this Part and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Users shall conduct wastewater sampling and analysis using the methods and procedures contained in 40 CFR 136. In addition, all reports required to be submitted in accordance with 40 CFR 403.12(b)(6) or elsewhere in this Part, including, but not limited to, baseline and other monitoring reports, ninety (90) day compliance reports, and reports pertaining to sampling performed pursuant to this Part shall contain a certification statement from a qualified professional which indicates that the user is in compliance with applicable categorical standards on a consistent basis and shall specify whether any pretreatment operation and maintenance is required to obtain compliance. The statement shall be signed by an authorized representative of the user thereby attesting to the accuracy of all information contained in the statement. All records relating to compliance with pretreatment standards shall be made available upon request to officials of the EPA, control authority, or appropriate State agencies or other governmental agencies having regulatory jurisdiction.
Facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be accepted by the City before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this Part. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and accepted by the City prior to the user's initiation of such changes. The quality of the discharge required in Part III, Chapter 7, shall be maintained at all times. Standby facilities may be required to attain this quality.
(Amended by Ordinance 013-93C.S. — Effective June 10, 1993) (Added by Ordinance 3690 C.S. — Effective Oct. 13, 1983)

SEC. 7-090.7. CONFIDENTIAL INFORMATION:
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be made available to the EPA, State agencies, and other local governmental agencies without restrictions. Such information and data shall also be made available to the public or other nongovernmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user. However, in no event shall wastewater constituents and characteristics be recognized as confidential information.
Information accepted by the City as confidential shall not be transmitted to any nongovernmental agency or to the general public by the City until or unless the request is received in writing and until ten (10) days after notification of the request has been given to the user by the City. Furthermore, when requested by the person furnishing a report for uses related to this Part, the National Pollutant Discharge Elimination System (NPDES) Permit, State Disposal System Permit and/or Pretreatment Programs, the portions of a report which might disclose trade secrets or secret processes shall not be made available when requested by the public or nongovernmental agencies. However, such portions of such reports shall be made available, without reservation, to the EPA, State agencies, or local governmental agencies upon the written request of such agency.
In accordance with 40 CFR 403.8(f)(2)(vii), the City shall, at least annually, publish a list of industrial users which were in significant noncompliance with applicable pretreatment requirements during the previous twelve (12) months in the largest daily newspaper published in the municipality where the POTW is located.
(Amended by Ordinance 013-93C.S. — Effective June 10, 1993) (Added by Ordinance 3690C.S — Effective Oct. 13, 1983)

SEC. 7-090.8. SPECIAL AGREEMENTS:
Special agreements and arrangements between the City of Stockton and any persons or agencies may be established when, in the opinion of the City of Stockton, unusual or extraordinary circumstances compel special terms and conditions. However, in no event shall any such agreement be interpreted so as to authorize the violation or waiver of applicable pretreatment standards or requirements.
(Amended by Ordinance 013-93C.S. — Effective June 10, 1993) (Added by Ordinance 3690C.S. — Effective Oct. 13, 1983)