U 1 8 2 - - 0 (O-2 0 2 6-1 1 6) ORDIN ANCE NUMBER O- 22104 (N EW SERIES) D A T E O F F IN A L P A S S A G E J U N 1 5 2 0 2 6 A N ORDIN A N CE AM EN DIN G CHA PTER 6, A RTICLE 4 OF THE SAN DIEGO MUNICIPAL CODE BY RETITLING

ARTICLE 4, AM EN DIN G

CHAPTER 6,

ARTICLE 4, DIVISION 1 OF THE SAN DIEGO MU NICIPAL CODE BY AM EN DIN G

SECTION S 64.01 0 0 A ND 64.01 01 , RETITLIN G A N D AM EN DIN G

SECTION 64.01 0 2 ; AM EN DIN G

CHAPTER 6, DIVISIO N 2 BY AM EN DIN G

SECTION 64.0 2 0 0 ; A MEN DIN G

CHAPTER 6, DIVISION 3 BY REN UM BERIN G A N D AM END IN G

SECTION 64.0 30 0 TO

SECTION 64.0 301 , REPEALIN G FORM ER

SECTION 64.0 301 , AM EN DIN G SECTIONS 64.0 30 2 ,64.0 30 3,64.0 30 4,64.0 30 5, A N D 64.0 30 6, RETITLIN G A N D AM EN DIN G

SECTION 64.0 30 7, A ND ADDIN G N EW SECTIONS 64.0 308,64.0 30 9, A ND 64.0 31 0; AM EN DIN G

CHAPTER 6, DIVISION 5 BY RETITLIN G AND AME N DIN G SECTIO NS 64.0 50 0 ,64.0 501 ,64.0 50 2 ,64.0 50 3, 64.0 50 4, AND 64.0 50 5, REN UM BERIN G, RETITLIN G, A N D AM ENDING

SECTION 64.050 6 TO

SECTION 64.0508, ADDIN G A N EW

SECTION 64.0 50 6, REN UMBERIN G, RETITLIN G, A N D AM EN DIN G

SECTION 64.0 50 7 TO

SECTION 64.0 50 9, ADDIN G A N EW

SECTION 64.0 50 7, REPEALIN G SECTIONS 64.0 508 A N D 64.0 50 9, RENUMBERIN G, RETITLIN G, AN D AM ENDIN G

SECTION 64.0 51 2 TO

SECTION 64.0 51 0 , ADDIN G A N EW

SECTION 64.0 51 1 , REN UM BERIN G A N D AM EN DIN G

SECTION 64.0 51 0 TO

SECTION 64.051 2 , RENUM BERIN G AND AMENDING FORMER

SECTION 64.0511 TO

SECTION 64.0 51 3, REPEALIN G FORM ER

SECTION 64.0 51 2 , REN U M BERIN G, RETITLIN G, A N D A M EN DIN G

SECTION 64.0 51 3 TO 64.0 51 4, REPEALIN G FORMER

SECTION 64.0 51 4, RETITLIN G A N D AM END IN G

SECTION 64.0 51 5, AM EN DIN G

SECTION 64.0 51 6, RETITLING AND AMENDING SECTIONS 64.051 7 AND 64.0 51 8, AM EN DIN G

SECTION 64.0 51 9, A ND RETITLIN G A N D AMENDIN G

SECTION 64.0 52 0 , ALL RELATIN G TO THE IN DUSTRIAL WASTEWATER CONTROL PROGRAM. -PAGE 1 OF 47-

(O-2 0 2 6-1 1 6) RECITALS The Council of the City of San Diego (Council) adopts this O r dinance based on the following: A. The Industr ial Wastewater Contr ol Pr ogr am (IW CP) was established to ensur e the City of San Diego's (City'

s) compliance with the Feder al Clean Water A ct (33 U.S.C. §§ 1 2 51 - 1 387) and the N ational Pr etr eatment Pr ogr am (40 CFR Par t 40 3) which r equir e municipalities to r egulate dischar ge of industr ial wastewater into public sewer systems. The r egulations ar e designed to pr event pollutants fr om inter fer ing with tr eatment pr ocesses, har ming tr eatment plant per sonnel, or passing untr eated wastewater into the envir onment. B. The City adopted its Sewer Use Or dinance and r elated San Diego M unicipal Code (M unicipal Code) sections to locally implement feder al r equir ements.

The IWCP over sees appr oximately 1 , 0 0 0 industr ial user s in the City and par ticipating agencies, and conducts inspections, issues dischar ge per mits, and enfor ces compliance thr ough the M unicipal Code. C. The last compr ehensive update to M unicipal Code IWCP-r elated sections occur r ed in N ovember 2 0 0 0 . Dur ing a 2 0 2 2 r egulator y inspection, the San Diego Regional Water Quality Contr ol Boar d (RWQCB) deter mined cer tain sections of the Sewer Use Or dinance wer e outdated and missing key pr ovisions r equir ed under feder al pr etr eatment r egulations. The RWQCB fur ther found City

definitions, r efer ences, and enfor cement pr ovisions do not consistently r eflect cur r ent feder al standar ds. D. City staff conducted a thor ough r eview of all r elated M unicipal Code sections to identify inconsistencies. The pr oposed amendments include: amending the title of the A r ticle fr om Sewer s to Wastewater ; updating

definitions to match feder al r egulations; clar ifying industr ial user r equir ements and per mit conditions; updating cr oss-r efer ences to ensur e interal consistency; pr ohibiting liquefier s; pr ohibiting dischar ges fr om human hydr olysis; and -PAGE 2 OF 47-

(O-2 0 2 6-1 1 6) eliminating a pr ohibition of W ater Softener Br ine dischar ges in the easter n por tion of Los Penasquitos ar ea. E. These M unicipal Code amendments ensur e the City's wastewater pr etr eatment pr ogr am r emains compliant with both state and feder al r equir ements and maintains consistency with RWQCB and U nited States Envir onmental Pr otection A gency expectations.

L The Office of the City A ttor ney pr epar ed this O r dinance based on the infor mation pr ovided by City staff, including infor mation pr ovided by affected thir d par ties and ver ified by City staff, with the under standing that this infor mation is complete and accur ate. ACTION ITEMS Be it or dained by the Council of the City of San D iego:

Section 1. That

Chapter 6, A r ticle 4 of the San Diego M unicipal Code is amended by r etitling A r ticle 4 to r ead as follows: Ar ticle 4: Wastewater

Section 2. That

Chapter 6, Division 1 of the San Diego M unicipal Code is amended by amending sections 64.01 0 0 and 64.01 01 , and r etitling and amending

section 64.01 0 2 , to r ead as follows: Division 1 : Pur pose, Scope and Policy §64.0 1 0 0 Pur pose The pur pose of this A r ticle is to pr ovide for the maximum beneficial public use of the wastewater system thr ough adequate r egulation of sewer constr uction, sewer use, and industr ial wastewater dischar ge, to pr ovide for equitable distr ibution of the City's costs, and to pr ovide pr ocedur es for complying with wastewater dischar ge r equir ements placed upon the City by other r egulator y bodies. -PAGE 3 OF 47-

(O-2 0 2 6-1 1 6) §64.0 1 01 §64.0 1 0 2 Scope This A r ticle shall be i ter pr eted in accor dance with the

definitions set for th her ein and the pr ovisions of this A r ticle shall apply to the Dischar ges and w astestr eam s of all waste into the wastewater system.

This A r ticle, among other things, pr ovides for the r egulation of sewer constr uction in ar eas within the City's boundar ies, the quantity and quality of wastestr eams, the degr ee of waste pr etr eatment r equir ed, the setting of waste dischar ge fees to pr ovide for equitable distr ibution of costs, the appr oval ofplans for sewer constr uction, the issuance of industr ial user per mits and of other miscellaneous per mits, and the establishment ofpenalties for violation of this Ar ticle.

Wastewater Disposal Policy The City constr ucts, oper ates, and maintains a wastewater system ser ving homes, industr ies, and commer cial establishments within the City's boundar ies and to other wastewater that is tr ibutar y to the wastewater system.

Gener ally, w a s tew a ter will be tr anspor ted and tr eated by the wastewater system pr ovided the w a s tew a te r will not (1 ) damage str uctur es, (2 ) cr eate nuisances such as odor s, (3) menace public health, (4) impose unr easonable collection, tr eatment or disposal costs on the City, (5) inter fer e with w a stew a ter tr eatment pr ocesses, (6) violate quality r equir ements set by r egulator y gover nment agencies, or (7) detr imentally affect the local envir onment.

The City is committed to a policy of wastewa ter r eclamation and r euse to pr ovide an alter nate sour ce of water supply and to r educe over all costs of wastewater tr eatment and disposal. The r eclamation of wastewater thr ough secondar y and -PAGE 4 OF 47- 0

(O-2 0 2 6-1 1 6) rar y wastewater tr eatment pr ocesses may necessitate mor e str ingent quality r equir ements on Industr ial U ser s than those r equir ed by other r egulator y agencies. To comply with stated policies of the feder al gover nment and to per mit the City to meet incr easingly higher standar ds, pr ovisions ar e made in this A r ticle for the r egulation of wastewater . This A r ticle establishes quantity and quality limitations on wastewater .

M ethods of cost r ecover y fr om Industr ial U ser s ar e also established wher e the wastewater imposes inequitable collection, tr eatment, or disposal costs on the City. Recover y and r euse pr ocedur es established by Industr ia l User s themselves to meet the limitations set on their dischar ges will be pr efer r ed by the City over those pr ocedur es designed solely to meet w a s tew a ter limitations. Methods pr oviding for beneficial r euse of other wise wasted r esour ces shall be the appr oved method of industr ial wastewater tr eatment wher ever feasible.

Optimum use of the wastewater system may r equir e that cer tain wastewater be dischar ged dur ing per iods of low flow in the wastewater system.

Section 3. That

Chapter 6, Division 2 ofthe San Diego M unicipal Code is amended by amending

section 64.0 2 0 0 , to r ead as follows: Division 2:

Definitions §64.0 2 0 0

Definitions For pur poses of this A r ticle, the following defined ter ms appear in italics: A ct has the same meaning as n 40 C.F.R. 40 3.3(

b) which means the Feder al Water Pollution Contr ol Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1 2 51 -1 387. -PAGE 5 OF 47-

(O-2 0 2 6-1 1 6) A pplicant means any per son, fir m, entity, or agency who applies for connections to the wastewater system. Best management pr actices or BM Ps has the same meaning as in 40 C.F.R. 40 3.3(

e) which means schedules of activities, pr ohibitions ofpr actices, maintenance pr ocedur es, and other management pr actices to pr event dischar ges pr ohibited by M unicipal Code

section 64.0 51 0 . B Ps also include tr eatment r equir ements, oper ating pr ocedur es, and pr actices to contr ol plan site r unoff, spillage or leaks, sludge or waste disposal, or dr ainage fr om r aw mater ials stor age. N ote: B M Ps also include alter native means (i.e., management plans) of complying with, or in place of, cer tain established Categor ical Pr etr eatment Standar ds and effluent limits.

C ategor ical Pr etr eatment Standar d, Categor ical Standar d, N ational Pr etr eatment Standar d, Pr etr eatment Standar d, or Standar d has the same meaning as in 40 C.F.R. 40 3.3(1 ), which means any r egulation containing polluant dischar ge limits pr omulgated by the EPA in accor dance with

section 30 7(

b) and (

c) of the A ct, which applies to Industr ial User s. This ter m includes pr ohibitive dischar ge limits established pur suant to 40 C.F.R. 40 3.5. Dischar ge author ization means any wr itten author ization issued by the City M anager author izing the disposal of industr ial wastewater to the wastewater system that is not an industr ial user per mit. Domestic wastewa ter r neans wastewater fr om r esidential sour ces, hotel r ooms, and r estr ooms consisting pr imar ily of water bor ne human waste. EPA means the U nited States Envir onmental Pr otection Agency. -PAGE 6 OF 47-

(O-2 0 2 6-1 1 6) Indir ect Dischar ge or Dischar ge has the same meaning as in 40 C.F.R. 40 3.3(

i) which means the intr oduction of pollutants into a POT fr om any non-domestic sour ce r egulated under

section 30 7(b), (c), or (

d) of the A ct. H ydr olysate means the r esultant liquid fr om the hydr olysis of human r emains. H ydr olysis means the pr ocess by which the body of a deceased ppr son is chemically r educed to its essential or ganic components and bone fr agments either befor e or after pr ocessing of the r emains after r emoval fr om the hydr olysis chamber ..

Industr ial wastewater means wastewater fr om any pr oducing, manufactur ing, pr ocessing, institutional, commer cial, ser vice, agr icultur al, or other similar oper ation even if such wastewater is combined with domestic wastewater , and includes gr oundwater and sur face r un-on at pr oject sites with active constr uction dewater ing or gr oundwater r emediation. Industr ia l User has the same meaning as in 40 C.F.R. 40 3.3 ) which means a sour ce of Indir ect Dischar ge.

Industr ial user per mit means a per mit issued by the Industr ial Wastewater Contr ol Pr ogr am and author ized by the City M anager for a par ticular activity pur suant to M unicipal Code

section 64.0 501 . Intedèr enee has the same meaning as in 40 C.F.R. 40 3.3(

k) which means a Dischar ge which, alone or in conjunction with a dischar ge or dischar ges fr om other sour ces, both: (1 ) inhibits or disr upts the POTH, its tr eatment pr ocesses or oper ations, or its sludge pr ocesses, use or disposal; and -PAGE 7 OF 47-

(O-2 0 2 6-1 1 6) (2 ) ther efor e is a cause of a violation of any r equir ement of the POTHs N ational Pollutant Dischar ge Elimination System (N PDES) per mit (including an incr ease in the magnitude or dur ation of a violation) or of the pr evention of sewage sludge use or disposal in compliance with the following statutor y pr ovisions and r egulations or per mits issued ther eunder (ormor e str ingent State or local r egulations):

Section 40 5 of the Clean Water A ct, the Solid Waste Disposal A ct (SW DA ) (including title II, mor e commonly r efer r ed to as the Resour ce Conser vation and Recover y A ct (RCRA ), and including State r egulations contained in any State sludge management plan pr epar ed pur suant to subtitle D of the SWDA), the Clean A ir Act, the Toxic Substances Contr ol Act, and the M ar ine Pr otection, Resear ch and Sanctuar ies Act. Local limit means a numer ical limit on a poltutant established by the City M anager to implement the gener al and specific pr ohibitions set for th at M unicipal Code

section 64.0 51 0 . Such limits shall be technically based and shall r equir e EPA or the Regional Water Quality Contr ol Boar d appr oval pr ior to implementation. N ew Sour ce has the same meaning as in 40 C.F.R. 40 3.3(m), which means: (1 ) A ny building, str uctur e, facility, or installation fr om which ther e is or may be a Dischar ge of pollutants, the constr uction of which commenced after the publication of pr oposed Pr etr ea tment Standar ds under

section 30 7(

c) of the A ct which will be applicable -PAGE 8 OF 47-

(O-2 0 2 6-1 1 6) to such sour ce if such Standar ds ar e ther eafter pr omulgated in accor dance with that section, pr ovided that: (

i) the building, str uctur e, facility, or installation is constr ucted at a site at which no other sour ce is located; or (ii) the building, str uctur e, facility, or installation totally r eplaces the pr ocess or pr oduction equipment that causes the dischar ge ofpollutants at an existing sour ce; or the pr oduction or w a stew a ter gener ating pr ocesses of the building, str uctur e, facility, or installation ar e substantially independent of an existing sour ce at the same site.

In deter mining whether these ar e substantially independent, factor s such as the extent to which the new facility is integr ated with the existing plan, and the extent to which the new facility is engaged in the same gener al type of activity as the existing sour ce should be consider ed. (2 ) Constr uction on a site at which an existing sour ce is located r esults in a modification r ather than a New Sour ce if the constr uction does not cr eate a new building, str uctur e, facility or installation meeting the cr iter ia of40 C.F.R. 40 3.3(r n)(1 )(ii) or (m)(1 )(iii), but other wise alter s, r eplaces, or adds to the existing pr ocess or pr oduction equipment.

(3) Constr uction of a N ew Sòur ce as defined under this par agr aph has commenced if the owner or oper ator has: -PAGE 9 OF 47-

(O-2 0 2 6-1 1 6) (

i) Begun, or caused to begin as par t of a continuous onsite constr uction pr ogr am: (A ) · A ny placement, assembly, or installation of facilities or equipment; or (

B) Significant site pr epar ation wor k including clear ing, excavation, or r emoval of existing buildings, str uctur es, or facilities which is necessar y for the placement, assembly, or installation of New Sour ce facilities or equipment; or (ii) Enter ed into a binding contr actual obligation for the pur chase of facilities or equipment which ar e intended to be used in its oper ation within a r easonable time.

O ptions to pur chase or contr acts which can be ter minated or modified without substantial loss, and contr acts for feasibility, engineer ing, and design studies do not constitute a contr actual obligation under this par agr aph. Pass thr ough has the same meaning as in 40 C.F.R. 40 3.3(

p) which means a Dischar ge which exits the POTW into water s o f the United States in quantities or concentr ations which, alone or in conjunction with a dischar ge or dischar ges fr om other sour ces, is a cause of a violation of any r equir ement of the POTW's NPDES per mit (including an incr ease in the magnitude or dur ation of a violation). Per son has the same meaning as in San Diego M unicipal Code

section 1 1 .0 21 0 . Pollutant means dr edged spoil, solid waste, inciner ator r esidue, sewage, gar bage, sewage sludge, munitions, chemical wastes, biological mater ials, r adioactive -PAGE 1 0 OF 47-

(O-2 0 2 6-1 1 6) mater ials, heat, wr ecked or discar ded equipment, r ock, sand, cellar dir t, and industr ial, municipal, and agr icultur al waste dischar ged into water . Publicly O wned T r eatment or ks or POTH / has the same meaning as in 40 C.F.R. 40 3.3(q), which means tr eatment wor ks as defined by

section 2 1 2 of the A ct, which is owned by a State or municipality (as defined by

section 5 0 2 (4) o f the A ct). This definition includes any devices and systems used in the stor age, tr eatment, r ecycling and r eclamation of municipal sewage or industr ial wastes of a liquid natur e. It also includes sewer s, pipes, and other conveyances only if they convey wastewater to a POT / tr eatmentplant. The ter m also means the municipality as defined in

section 5 0 2 (4) of the A ct, which has jur isdiction over the Indir ect Dischar ges to and the dischar ges fr om such a tr eatment wor ks. POTW tr eatment plant has the same meaning as in 40 C.F.R. 40 3.3(r ), which means that por tion of the POTW which is designed to pr ovide tr eatment (including r ecycling and r eclamation) of municipal sewage and industr ial waste.

Pr etr eatment has the same meaning as in 40 C.F.R. 40 3.3(s), which means the r eduction of the amount of pollutants, the elimination of pollutants, or the alter ation o f the natur e of pollutant pr oper ties in w a stew a ter pr ior to or in lieu of dischar ging or other wise intr oducing such pollutants into a POTP K. The r eduction or alter ation may be obtained by physical, chemical or biological pr ocesses, pr ocess changes or by other means, except as pr ohibited by 40 C.F.R. 40 3.6(d).

A ppr opr iatepr etr eatment technology includes contr ol equipment, such as equalization tanks or facilities, for pr otection against sur ges or slug loadings that might inter fer e with or other wise be incompatible with the POTW. However , wher e w a s tew a ter fr om a r egulated pr ocess is mixed in an equalization facility -PAGE 11 OF 47- .

(O-2 0 2 6-1 1 6) with unr egulated wastewater or with wastewater fr om another r egulated pr ocess, the effluent fr om the equalization facility must meet an adjusted pr etr eatment limit calculated in accor dance with 40 C.F.R. 40 3.6(e). Pr etr eatment Requir ement has the same meaning as in 40 C.F.R. 40 3.3(t), which means any substantive or pr ocedur al r equir ement r elated to pr etr eatment, other than a N ational Pr etr eatment Standar d, imposed on an Industr ial U ser . .

Sewer later al means the pipe that collects wastewater fr om dr ains, sinks, shower s, tubs, toilets, and other fixtur es on the pr oper ty, including the por tion of the pipe that extends fr om the pr oper ty and connects to the City's sewer main. Signi ficant Industr ial U ser has f e same meaning as in 40 C.F.R. 40 3.3(v), which m e a n s : li) ll Industr ial U ser s subject to Categor ical Pr etr eatment Standar ds under 40 C.F.R. 40 3.6 and 40 C.F.R

chapter I, subchapter N ; and (ii) Any other Industr ia l User that: dischar ges an aver age of 2 5, 0 0 0 gallons per day or mor e ofpr ocess w a stew a ter to the POTW (excluding sanitar y, noncontact cooling and boiler blowdown wastewater ); contr ibutes a pr ocess wastestr eam which makes up 5 per cent or mor e of the aver age dr y weather hydr aulic or or ganic capacity of the POTW tr eatment plant or is designated as such by the Contr ol A uthor ity as defined in 40 C.F.R 40 3.3(

f) on the basis that the Industr ia l User has a r easonable potential for adver sely affecting the POTW's oper ation or for violating -PAGE 12 OF 47-

(O-2 0 2 6-1 1 6) any Pr etr eatment Standar d or r equir ement (in accor dance with 40 C.F.R, 40 3.8(1 )(6)). Sign(tîcant N oncom pliance or SN C has the same meaning as in 40 C.F.R. 40 3.8(f)(2 )(viii), which means a Signfìcant Industr ial U ser (or any Industr ial User which violates 40 C.F.R. 40 3.8( (2 )(viii)(C), (D), or (H)) if its violation meets one or mor e of the following cr iter ia: (

A) Chr onic violations of wastewater Dischar ge limits, defined her e as those in which 66 per cent or mor e of all the measur ements taken for the same pollutant par ameter dur ing a 6-month per iod exceed (by any magnit de) a numer ic Pr etr eatment Standar d or Petr eatment Requir ement, including instantaneous limits, as defined by 40 C.F.R. 40 3.3(1 ); (

B) echnical Review Cr iter ia (TRC) violations, defined her e as those in which 33 per cent or mor e of all the measur ements taken for the same pollutant par ameter dur ing a 6-month per iod equal or exceed the pr oduct of the numer ic Pr etr eatment Standar d or Pr etr eatment Requir ement including instantaneous limits, as defined by 40 C.F.R. 40 3.3(1 ) multiplied by the applicable TRC (TRC = 1 .4 for BOD, TSS, fats, oil, and gr ease, and 1 .2 for all other pollutants except pH); -PAGE 13 OF 47- 4.

(O-2 0 2 6-1 1 6) (

C) A ny other violation of a Pr etr eatment Standar d or Pr etr eatment R equir ement as defined by 40 C.F.R. 40 3.3(1 ) (daily maximum, long-ter m aver age, instantaneous limit, or nar r ative Standar d that the POT W deter mines has caused, alone or in combination with other Dischar ges, Inter fer ence or Pass T hr ough (including endanger ing the health of POTH per sonnel or the gener al public); (

D) A ny dischar ge of apollutant that has caused imminent endanger ment to human health, welfar e, or to the envir onment or has r esulted in the POTW's exer cise of its emer gency author ity under 40 C.F.R. 40 3.8(f)(1 )(vi)(

B) to halt or pr event such a dischar ge; (

E) Failur e to meet, within 90 days after the

schedule date, a compliance

schedule milestone contained in a local contr ol mechanism or enfor cement or der for star ting constr uction, completing constr uction, or attaining final compliance; (

F) Failur e to pr ovide, within 45 days after the due date, r equir ed r epor ts such as baseline monitor ing r epor ts, 90 day compliance r epor ts, per iodic self- monitor ing r epor ts, and r epor ts on compliance with compliance schedules; -PAGE 1 4 OF 47- A .

(O-2 0 2 6-1 1 6) (

G) Failur e to accur ately r epor t noncompliance; (

H) A ny other violation or gr oup of violations, which may include a violation of Best M anagement Pr actices, which the POTH / deter mines will adver sely affect the oper ation or implementation of ç the local Pr etr eatment pr ogr am. Slug dischar ge means a wastestr eam of a non-r outine, episodic natur e, including an accidental spill or an uncustomar y batch dischar ge, which could cause intefèr enee, pass-thr ough, or adver sely affect the oper ation or maintenance of the wastewater system, or in any other way violate the POTW's r egulations, oca l limits, or per mit conditions.

Wastewater means water that is no longer useful and has been or is in the pr ocess ofbeing discar ded, including liquid and water car r ied waste and sewage fr om r esidential pr oper ties, commer cial buildings, industr ial and manufactur ing facilities, and institutions. W astewater system means tr eatment wor ks as defined in

section 21 2 ofthe A ct, which is owned or oper ated by the City, or oper ated under contr act with the City, including any facilities involved in r ecycling wastewater to standar ds suitable for ir r igation or potable r euse, and any facilities gener ating r enewable ener gy fr om the bypr oducts of wastewater tr eatment or disposal. Sewer pipes, pump stations, and r elated facilities ar e included only if they convey w a s tew a ter to or fr om a POTW tr eatment plant.

Section 4. That

Chapter 6, Division 3 of the San Diego M unicipal Code is amended by r enumber ing and amending

section 64.0 30 0 to

section 64.0 301 , r epealing for mer -PAGE 15 OF 47-

(O-2 0 2 6-1 1 6)

section 64.0 301 , amending sections 64.0 30 2 ,64.0 30 3,64.0 30 4,64.0 30 5, and 64.0 30 6, r etitling and amending

section 64.0 30 7, and adding new secti ns 64.0 30 8,64.0 30 9, and 64.0 31 0 , to r ead as follows: Division 3: Gener al Pr ovisions §64.0 30 1 §64.0 30 2 §64.0 30 3 Administration The City M anager shall administer , implement, and enfor ce the pr ovisions of this . A r ticle. A ny power s gr anted to or duties imposed upon the City M anager may be delegated by the City M anager to per sons in the employ o f the City. The City M anager shall make and enfor ce r egulations necessar y to the administr ation ofthis A r ticle and may amend such r egulations fr om time to time as conditions r equir e.

These r egulations shall be consistent with the gener al policy established by this A r ticle. Time Limits A ny time limit pr ovided in any wr itten notice or in any pr ovision of this A r ticle may be extended only by a wr itten dir ective of the City M anager . Inspection and Sampling (

a) The City M anager may inspect any pr oper ty or facility that is connected to the wastewater system and may sample any wastewater at the pr oper ty or facility as stated in 40 C.F.R. 40 3.8(f)(2 )(

v) and (vii). This includes dr ains, sew er s, w a s tew a te r pumping stations, pollution contr ol plants, all industr ial pr ocesses, food establishment facilities or other facilities which dischar ge gr ease and oil, industr ial wastewater gener ation, conveyance and pr etr eatment facilities, and all similar wastewater facilities. -PAGE 16 OF 47- iAÞ.

(O-2 0 2 6-1 1 6) Inspections may be made to deter mine that such facilities ar e maintained and oper ated pr oper ly and that no violations ofthis A r ticle ar e occur r ing. (

b) A ccess shall be given to author ized per sonnel of the City dur ing nor mal business hour s, or any time the City M anager r easonably believes a violation of this A r ticle is occur r ing. A dequate identification shall be pr ovided by the City M anager for all inspector s and author ized per sonnel, and those per sons shall identify themselves when enter ing any pr oper ty for inspection pur poses or when inspecting the wor k of any contr actor .

A ny per manent or tempor ar y obstr uction to easy access to the wastewater facility to be inspected shall pr omptly be r emoved by the facility user or owner at the wr itten or ver bal r equest of the City M anager and peimanent obstr uctions shall not be r eplaced. (

c) It is unlawful to inter fer e with, delay. r esist, or r efuse entr ance to an author ized City employee attempting to inspect any pr oper ty or facility dir ectly or indir ectly connected to the wastewater system, or attempting to sample any wastewater at the pr oper ty or facility. (

d) The City, thr ough its r epr esentatives or inspector s, shall have the r ight to inspect and copy per tinent r ecor ds r elating to an Industr ial U ser's wastewater or pr etr eatment oper ations including: Oper ations & M aintenance pr ocedur es; sampling, analysis, and flow measur ement pr ocedur es, r esults and r ecor ds; inventor ies, chemical usage, mater ials sour ces, hazar dous mater ials manifests, and disposal°r ecor ds; tr eatment and oper ations log books; and mater ials invoices. -PAGE 17 OF 47-

(O-2 0 2 6-1 1 6) §64.0 30 4 §64.0 30 5 §64.0 30 6 Recor ding of Fees and Char ges The City M anager shall keep an accur ate account of all fees and char ges r eceived under this A r ticle, r ecor ding the names and addr esses of the per sons on whose account the fees and char ges wer e paid, the date and amount ther eof, and the pur pose for which char ges wer e paid.

Estimated Quantities and Values U nless other wise pr ovided in this A r ticle, whenever the fees and char ges r equir ed by this A r ticle ar e based on estimated values or estimated quantities, the City M anager shall make such deter minations in accor dance with established estimating pr actices. Appr oval of Plans and Issuance of Per mits (

a) The City M anager is r esponsible for appr oving plans for the constr uction of wastewater facilities and issuing industr ial user per mits or any other per mit under this A r ticle. The City M anager may do so only if it appear s that the w a s tew a ter facilities constr uction, sewer connection, Dischar ge or other pr ocedur e confor ms to the r equir ements of this A r ticle. (

b) The City M anager may deny or condition any new or incr eased contr ibutions of wastewater , pollutants, or changes in the natur e of pollutants, to the wastewater system wher e such contr ibutions do not meet the applicable Pr etr eatment Standar d, Pr etr eatment R equir ement, or wher e such contr ibutions by itself or in combination with other wastewater , could cause inter fer ence, pass-thr ough, or adver sely affect the oper ation or maintenance of the wastewater system. -PAGE 18 OF 47-

§64.0 30 7 §64.0 30 8 §64.0 30 9 (O-2 0 2 6-1 1 6) (

c) A ll r equir ed fees and char ges shall be paid befor e appr oval of plans or issuance of a per mit. (

d) The appr oval of plans or the issuance o f a per mit shall not r elieve aper son of any duty or obligation imposed by this A r ticle. U nauthor ized A ccess or Damage to the Wastewater System It is unlawful for any per son, witho t author ization fr om the City M anager , to enter , br eak, damage, destr oy, uncover , deface, or tamper with any str uctur e, equipment, or appur tenance of the wastewater system.

Limitations on Point of Wastewater Disposal It is unlawful for any per son to intr oduce wastewater or any substance or mater ial dir ectly into a manhole or other opening in the wastewater system other than thr ough an appr oved sewer connection or by obtaining a per mit issued by the City M anager . False Infor m ation (

a) It is unlawful for any per son to intentionally pr ovide false infor mation, or intentionally fail to pr ovide mater ial infor mation, in any application, r epor t, plan, or other document submitted to the City or for any per mit issued pur suant to this A r ticle. (

b) It is unlawful for any per son to intentionally r ender inaccur ate any monitor ing device or method r equir ed by a per mit issued pur suant to this A r ticle, or to intentionally pr ovide a false or inaccur ate w a stew a ter sample to the City. -PAGE 1 9 OF 47-

(O-2 0 2 6-1 1 6) §64.0 31 0 Penalties for Violations (

a) The penalties ánd r emedies for violátions specified in this A r ticle ar e cumulative to the penalties and r emedies set for th in

Chapter 1 , A r ticle 2 of this Code. (

b) The disposal or handling of domestic wastewater or industr ial wastewater in violation of this A r ticle is a public nuisance subject to injunction, abatement, and penalties under

Chapter 1 , A r ticle 2 of this Code. (1 ) Violations of Division 5 0 f this A r ticle ar e not limited by the maximum amount ofcivil penalties in

Section 1 2 .0 80 3(d). The amount of civil penalties that may be assessed shall be gover ned by 40 C.F.R. 40 3.8( (1 )(vi). (

c) The failur e to use r eclaimed water as r equir ed by the City M anager under Division 8 of this A r ticle is a public nuisance subject to injunction, abatement, and penalties under

Chapter 1 , A r ticle 2 of this Code. (

d) Any per son who violates a pr ovision of this A r ticle which causes a deposit, obstr uction, damage, or any other impair ment to the w a s tew a ter system shall be liable to the City for all expense, loss, and damage incur r ed by the City as a r esult of the violation. (

e) Whenever a wastestr eam is in violation of the pr ovisions of this A r ticle, or other wise causes or thr eatens to cause a condition of contamination, pollution, or nuisance, the City M anager may cause the City to seek a petiton to the Super ior Cour t for the issuance of a pr eliminar y or per manent injunction or both, as may be appr opr iate in r estr aining the continuance of such Dischar ge. -PAGE 20 OF 47-

(O-2 0 2 6-1 1 6) (

f) The City M anager may ter minate wastewater ser vice to any pr oper ty wher e w a stew a ter s disposed or handled in violation of this A r ticle or in a manner that thr eatens the envir onment, the health, safety, or welfar e of the public, or the oper ation of the wastewater system. The City M anager may ter minate wastewater ser vice by sever ing or blocking connections between the pr oper ty and the wastewater system, and by ter minating water ser vice as allowed nder

Chapter 6, A r ticle 7 of this Code. (1 ) T he City M anager shall pr ovide pr ior wr itten notice to the customer that wastewater ser vice is being ter minated and pr ovide an oppor tunity to contest the ter mination at a hear ing under

Chapter 1 , A r ticle 2 , Division 4 of this Code. The City M anager shall also send a notice to the pr oper ty owner if the pr oper ty owner is not the sameper son as the customer and allow the pr oper ty owner to contest the ter mination at the hear ing. (2 ) The City M anager may immediately ter minate wastewater ser vice upon wr itten notice ifthe dischar ge of w a stew a ter pr esents an imminent danger to the envir onment, the health, safety, or welfar e of the public, or the oper ation of the wastewater system. Such an immediate ter mination of wastewater ser vice shall r emain in effect at least until the conclusion of a hear ing held under

Chapter 1 , Ar ticle 2 , Division 4 ofthis Code.

(3) The City M anager shall r eestablish wastewater ser vice ùpon the final decision of a hear ing officer that a violation of this A r ticle did not occur and that the disposal of wastewater fr om the pr oper ty did -PAGE 21 OF 47-

(O-2 0 2 6-1 1 6) not thr eaten the envir onment, the health, safety, or welfar e of the public, or the oper ation of- the wastewater system.

(4) The City M anager may r eestablish wastewater ser vice ifthe City M anager deter mines that the r eason for the ter mination no longer exists and is not likely to r eoccur .

Section 5. That

Chapter 6, D ivision 5 ofthe San Diego M unicipal Code is amended by r etitling and amending sections 64.0 50 0 ,64.0 501 ,64.0 50 2 ,64.0 50 3,64.0 50 4, and 64.0 50 5, r enumber ing, r etitling, and amending

section 64.0 50 6 to

section 64.0 50 8, adding a new

section 64.0 50 6, r enumber ing, r etitling, and amending

section 64.0 50 7 to

section 64.0 50 9, adding a new

section 64.0 5 0 7, r epealing sections 64.0 5 0 8 and 64.0 5 0 9, r enumber ing, r etitling, and amending

section 64.0 51 2 to

section 64.0 51 0 , adding a new

section 64.0 51 1 , r enumber ing and amending

section 64.0 51 0 to

section 64.0 51 2 , r enumber ing and amending for mer

section 64.0 51 1 to

section 64.0 51 3, r epealing for mer

section 64.0 51 2 , r enumber ing, r etitling, and amending

section 64.0 51 3 to 64.0 51 4, r epealing for mer

section 64.0 51 4, r etitling and amending

section 64:0 51 5, amending

section 64.0 51 6, r etitling and amending sections 64.0 51 7 and 64.0 51 8, amending

section 64.0 51 9, and r etitling and amending

section 64.0 52 0 , to r ead as follows: §64.0 50 0 Division 5: Industr ial Wastewater A pplication to Industr ial Wastewater Contr ol Pr ogr am (

a) A ny per son, municipality, sanitation distr ict, or gover nmental agency desir ing to dispose industr ial wastewater into the wastewater system, or to incr ease an existing Dischar ge, or to conduct an industr ial pr ocess that is potentially r egulated under a Pr etr eatment Standar d shall submit an application to the City on a for m pr escr ibed by the City M anager . The application shall include, in units and ter ms appr opr iate for evaluation: -PAGE 22 OF 47- Ç -

(O-2 0 2 6-1 1 6) (1 ) the name, addr ess, and standar d industr ial classification number of the appliént; (2 ) the volume of wastewa tèr to be disposed, including infor mation demonstr ating the capacity fees for the volume of wastewater have been or will be paid to the City; (3) the wastewater constituents and char acter istics, including those listed in

section 64.0 51 0 , as deter mined and measur ed by a labor ator y appr oved by the City; (4) the times of day and dur ation of the wastewater disposal to the wastewater system (5) the aver age and thir ty-minute peak wastewater flow r ates, including daily, monthly, and seasonal var iations, if any; (6) a descr iption of activities, facilities, and industr ial pr ocesses on the pr emises, including all mater ials that ar e or could be disposed of or tr anspor ted to the wastewater system; and (7) any other infor mation deter mined by the City M anager to be necessar y to evaluate the application. (

b) The City M anager may r equir e an applicant to pr ovide additional infor mation and may inspect an applicant's tr eatment systems, plumbing layout, and other pr ocesses necessar y to evaluate an application. (

c) If the City M anager deter mines that a pr oposed disposal of industr ia l wastewater , by itself or in combination with other wastewater , could not c a u s e inter fer ence, pass-thr ough, or adver sely affect the oper ation or maintenance of the wastewater system, the City M anager may appr ove the -PAGE 23 OF 47-

§64.0 50 1 (O-2 0 2 6-1 1 6) application without issuing an industr ial user per mit or dischar ge author ization. (

d) The City M anager may r equir e Industr ial U ser s to submit applications under

section 64.0 50 0 if the City M anager deter mines it is necessar y to pr event intedèr enee, pass-thr ough, or to pr event an adver se effect to the oper ation or maintenance of the wastewater system. (

e) The City M anager may deny an application or condition a per mit if the capacity fees for the volume of wastewater pr oposed for disposal to the wastewater system have not been paid. (

f) Unless appr oved under

section 64.0 5 0 2 , it is unlawful for any per son, municipality, sanitation distr ict, or gover nmental agency to dispose of industr ial wastewater into the wastewater system without an industr ial user per mit, a dischar ge author ization, or an appr oved application as r equir ed by this Division. Industr ial User Per mit (

a) A per mit is r equir ed for disposal of industr ial wastewater into the wastewater system if the disposal, by itsel f or in combination with other wastewater , could c use pass-thr ough, inter fer ence, or adver sely affect the oper ation or maintenance of the wastewater system or have an industr ial pr ocess that is potentially r egulated under a Pr etr eatment Standar d. (

b) A ll industr ial úser per mits shall include or r equir e: (1 ) the date the per mit is effective; (2 ) the date the per mit expir es; -PAGE 24 OF 47-

(O-2 0 2 6-1 1 6) (3) a statement that the per mit may not be sold, tr ansfer r ed or assigned; best anagement pr actices and effluent limits based on feder al, state, and local r equir ements; (5 ) self-monitor ing, sampling, r epor ting, notifièation, and r ecor d r etention r equir ements, in accor dance with 40 C.F.R. 40 3.8(f)(1 )(iii)(B)(4) and this Division; and (6) a statement of applicable civil and cr iminal penalties for violations. (

c) Industr ial user per mits may also r equir e: (1 ) pr etr eatment of industr ial wastewater befor enter ing the wastewater system (2 ) the development of a compliance

schedule for the installation of technology; (3) r estr iction ofpeak flow; (4) disposal of industr ial wastewater only to specified sewer s of the City, including r elocation of an existing connection to the wastewater system (5) pr ohibition of cer tain w a stew a ter components or pollutants (6) r estr iction of wastewater disposal to cer tain hour s of the day; (7) contr ol o f slug dischar ges (8) payment of additional char ges to r eimbur se costs incur r ed by the City as a r esult o f the Industr ial User and 0 -PAGE 25 OF 47- 9 . -EŽ

-2 0 2 6-1 1 6) (9) any other conditions necessar y to pr event pass-thr ough, inteder enee, or to pr event an adver se effect to the oper ation or - maintenance o f the wastewaté r system. (

d) A n industr ial user per mit can be issued for any dur ation up to five year s, but shall not exceed five year s fr om the effective date of the per mit. . (

e) It is unlawful to dischar ge industr ial wastewater in violation of the ter ms or conditions in an industr ial user per mit. A ny per son, municipality, sanitation distr ict, or gover nnient agency desir ing to dispose of industr ia l wastewater in a manner that is not in confor mance with the industr ial user per mit shall submit an application pur suant to

section 64.0 50 0 explaining why a new or r evised industr ial user per mit is needed. (

g) A

schedule of annual industr ial user per mit fees will be established fr om time to time by r esolution of the City Council to r ecover the cost of ser vices under this Division, pr ovided a notice of the pr oposed r esolution to change the annual per mit fee

schedule is posted by the City Cler k at least 1 0 days pr ior to the consider ation of the r esolution by City Council. §64.0 50 2 Dischar ge Author ization (

a) N othwithstanding

section 64.0 501 , if the City Manager deter mines that standar dized dischar ge author izations øxe sufficient to r egulate cer tain industr ial wastestr eams, the City M anager may issue dischar ge author izations instead of industr ial user per mits if al of the following cr iter ia ar e met: -PAGE 26 OF 47-

§64.0 50 3 (O-2 0 2 6-1 1 6) (1 ) the oper ations ar e the same or similar to oper ations r egulated under an industr ial user per mit, (2 ) the Dischar ge involves the same types of waste r egulated under an industr ial user per mit (3) the same effluent limitations ar e r equir ed for those r egulated under an industr ialu r per mit, andÇ (4) the same or similar sampling and monitor ing ar e r equir ed for those r egulated under an industr ial user per mit. (

b) All dischar ge author izations shall include the r equir ements of

section 64.0 501 (b). Å dischar ge author ization shall not exceed five year s. (

d) It is unlawful to dispose of industr ial wastewater in violation of the ter ms or conditions in a dischar ge author ization. (

e) A ny per son, municipality, sanitation distr ict, or gover nmental agency desir ing to dispose of industr ia l wa stewa ter n a manner that is not in confor mance with the dischar ge author ization shall submit an application pur suant to

section 64.0 50 0 explaining why a new or r evised dischar ge author ization or industr ial user per mit is needed. Categor ical Pr etr eatment Standar ds and Repor ts ø) Industr ial U ser s shall comply with Categor ical Pr etr eatment Standar ds within thr ee year s of the date the Categor ical Pr etr eatment Standar d becomes effective, or the date specified in each Categor ical Pr etr eatment Standar d, whichever is sooner . New Sour ces shall have equipment necessar y to comply with Categor ical Pr etr eatment Standar ds installed -PAGE 27 OF 47- e

(O-2 0 2 6-1 1 6) and oper ational pr ior to disposal of industr ial wastewater and shall comply with Categor ical Pr etr eatment Standar ds within the shor test feasible time, not to exceed 90 days.

o) Industr ial U ser s with industr ial wastewater subject to Categor ical Pr etr eatment Standar ds and a cur r ent Dischar ge or scheduled to D ischar ge to he wastewater system shall submit a baseline r epor t to the City M anager in accor dance with 40 C.F.R. 40 3.1 2 (

b) within 1 80 days after the effective date of the Categor ical Pr etr eatment Standar d, or 1 80 days after the final administr ative decision made upon a categor y deter mination submission under 40 C.F.R. 40 3.6(a)(4), whichever is later . N ew Sour ces and existing Industr ia l User s that will begin a Dischar ge subsequent to the pr omulgation of applicable Categor ical P etr eatment Standar ds shall submit a baseline r epor t to the City M anager in accor dance with 40 C.F.R. 40 3.1 2 (

b) at least 90 days pr ior to com m encem ent of Dischar ge. (

c) Existing Industr ial User s subj ect to Categor ical Pr etr eatment Standar ds and a cur r ent Dischar ge or scheduled to Dischar ge to the w a stew a ter system shall submit a compliance r epor t to the City M anager in accor dance with 40 C.F.R. 40 3.1 2 (

d) within 90 days after the deadline for final compliance. N ew Sour ces and existing Industr ia l User s that will begin a Dischar ge subsequent to the pr omulgation of an applicable Categor ical Pr etr eatme ft Standar d, shall submit a compliance r epor t to the City M anager in accor dance with 40 C.F.R. 40 3.1 2 (

d) within 90 days after commencement of Dischar ge. -PAGE 28 OF 47- ý

§64.0 50 4 (O-2 0 2 6-1 1 6) ( ) Industr ial U ser s subject to Categor ical Pr etr eatment Standar ds shall submit per iodic r epor ts to the Citÿ M anager in compliance with 40 C.F.R. 40 3.1 2 (

e) in the months of June and December annually, or as r equir ed by C ategor ical Pr etr eatment Standar ds or the City M anager , whichever is the most fr equent. (

e) The r epor ts r equir ed by

section 64.0 5 0 3(

a) thr ough (

d) shall include the r esults of sampling and analysis in accor dance with 40 C.F.R. 40 3.1 2 (g). (

f) The r epor ts r equir ed by

section 64.0 50 3(

a) thr ough (

d) shall include the cer tification statement r equir ed by 40 C.F.R. 40 3.1 2 (1 ). Other Repor ting Requir ements la) Significant Industr ial U ser s not subject to Categor ical Pr etr eatment Standar ds shall submit per iodic r epor ts in accor dance with 40 C.F.R. 40 3.1 2 (

h) on a fr equency deter mined by the City M anager . but no less than once ever y six months, descr ibing the natur e, concentr ation, and flow of pollutants being dischar ged, and demonstr ating compliance with any r equir ed best management pr actices. (

b) All Industr ial U ser s shall pr omptly noti the City M anager in advance of any substantial change in the volume or char acter ofpollutants in their Dischar ge, including the listed or char acter istic hazar dous wastes for which the Industr ia l User has submitted initial notification under

section 64.0 50 4(c). (

c) A ll Industr ial User s shall notify the City M anager , the EPA Regional Waste M anagement Division Dir ector , and Califor nia State hazar dous waste author ities in wr iting o f any Dischar ge of a substance, which if -PAGE 29 OF 47-

(O-2 0 2 6-1 1 6) other wise disposed of, would be a hazar dous waste under 40 C.F.R. par t 2 61 . Such notification must satisfy the r equir ements of 40 C.F.R. 40 3.1 2 (p). (

d) In addition to r epor ting r equir ements in

section 64.0 5 0 4, the Industr ial User shall pr ovide all applicable r epor ts descr ibed in 40 C.F.R. 40 3.1 2 (c), including compliance schedules for meeting Categor ical Pr etr eatment Standar ds, compliance

schedule pr ogr ess r epor ts, r epor ts on compliance with Categor ical Pr etr eatment Standar d deadlines, and final compliance r epor ts. (

e) Signator y r equir ements for Industr ial U ser r epor ts set for th at 40 C.F.R. 40 3.1 2 (1 ) ar e incor por ated by r efer ence and shall apply to all per mit applications and per iodic r epor ts on continued compliance submitted to the City M anager . (

f) A ny per son signing r epor ts submitted under

section 64.0 50 3 or 64.0 5 0 4 shall make the following cer tification:: "I cer tify under penalty of law that this document and all attachments wer e pr epar ed under my dir ection or super vision in accor dance with a system designed to assur e that qualified per sonnel pr oper ly gather and evaluate the infor mation submitted. Based on my inquir y of the per son or per sons who manage the system, or those per sons dir ectly r esponsible for gather ing the infor mation, the infor mation submitted is, to the best of my knowledge and belief, tr ue, accur ate, and complete.

I am awar e that ther e ar e significant penalties for submitting false infor mation, including the possibility of fines or impr isonment for knowing violations." -PAGE 30 OF 47-

(O-2 0 2 6-1 1 6) §64.0 50 5 §64.0 50 6 Changes to Per mits The ter ms and conditions of industr ial user per mits and dischar ge author izations ar e subject to modification and change by the City at any time in accor dance with changes to feder al, state, and local r equir ements and r estr ictions. The City M anager shall noti fy affected per sons with industr ial user per mits at least 30 days pr ior to the effective date of any change.

Per sons with industr ial user per mits must be in compliance by the time specified in the change to feder al, state, or local r equir ement or r estr iction, specified in this Division, or when specified by the City M anager , whichever deadline occur s fir st. Industr ial Wastewater Sampling and Measur ements (

a) The City M anager shall establish the type and fr equency of sampling r equir ed of each Industr ial U ser necessar y to ensur e compliance with applicable Pr etr eatment R equir ements.If an Industr ial U ser per for ms sampling of a type or fr equency exceeding the r equir ements of the City M anager , the r esults of such sampling shall be included in the r epor ts r equir ed by

section 64.0 50 3 and 64.0 50 4(a). The City M anager may r equir e an Industr ial U ser to install, oper ate, and maintain, at the Industr ia l User's expense, automatic flow-pr opor tional sampling. equipment and automatic analysis and r ecor ding equipment if necessar y to per for m accur ate sampling. (

b) The r epor ts r equir ed by sections 64.0 50 3 and 64.0 50 4(

a) shall be based upon all data collected thr ough appr opr iate sampling and analysis per for med dur ing the per iod cover ed by the r epor t, and such data shall be r epr esentative of conditions occur r ing dur ing the r epor ting per iod. -PAGE 31 OF 47- E 7

(O-2 0 2 6-1 1 6) Industr ial U ser s shall complywith the pr ocedur es and r equir ements for sampling; analysis, and submittal in 40 C.F.R. 40 3.1 2 (g)(3) thr ough (6). (

c) If sampling indicates a violation of the industr ial user per mit or dischar ge author ization, the per mittee shall notify the City within 2 4 hour s of becoming awar e of the violation. The Industr ial U ser shall also r epeat the sampling and analysis and submit the r esults to the City M anager within 30 days after becoming awar e of the violation unless r e-sampling is not r equir ed pur suant to 40 C.F.R .. 40 3.1 2 (g)(2 ). (

d) Ever y Industr ia l User shall install, oper ate, and maintain, at its own expense, one or mor e calibr ated flumes, weir s, flow meter s, or similar devices appr oved by the City M anager to measur e wastewater ow r ates and total volume, if such measur ements ar e r equir ed by theindustr ial user per mit or dischar ge author ization. In lieu ofmeasur ement, the City M anager may accept r ecor ds of water usage if such r ecor ds can be used to accur ately deter mine wastewater flow r ates and volume.

If a measur ing device cannot be installed on the Industr ia l User's pr emises, the City M anager may r equir e the Industr ial U ser to install the device in the public r ight of way if it will not be obstr ucted by landscaping or vehicles. The Industr ia l User shall install measur ing devices pr ior to Dischar ge, or by the date deter mined by the City M anager if measur ing devices ar e being installed to measur e existing Dischar ge. (

e) Feder al, state, and local r egulator y gencies, the City, and their r epr esentatives may enter the pr emises of a p er son with an industr ia l user per mit at any time w a stew a ter is being disposed to inspect pr etr eatment -PAGE 32 OF 47-

(O-2 0 2 6-1 1 6) pr ocesses, sampling, measur ing devices, or to collect w a stew a ter samples for analysis. (

f) Per sons with industr ial user per mits shall per mit the City M anager to install and oper ate sampling and measur ing devices on their pr emises as necessar y to confir m that the per mittee's sampling and measur ing devices ar e accur ate. §64.0 50 7 Confidentiality (

a) Under 40 C.F.R. 40 3.8(f)(vii) and 40 C.F.R. 40 3.1 4, a per son submitting infor mation under this A r ticle may claim that infoimation submitted to the City M anager is confidential. The per son must claim the infor mation is confidential at the time of submission in the manner pr escr ibed on the application for m or instr uctions, or in the case of other submissions or r epor ts, by stamping the wor ds "confidential business infor mation" on each page containing such infor mation.

If no claim is made at the time of submission, the City M anager may make the infor mation available to the public without fur ther notice. If a per son claims infor mation is confidential, the infor mation will be tr eated in accor dance with the pr ocedur es in 40 C.F.R. par t 2 . (

b) Under 40 C.F.R. 40 3.1 4, effluent data pr ovided to, or in the possession of, the City M anager under this Division is not confidential and may be made available to the public without r estr iction. (

c) A ny plan submitted to the Industr ial W astewater Contr ol Pr ogr am for r eview is not confidential and may be made available to the public without r estr iction. -PAGE 33 OF 47-

-2 0 2 6-1 1 6) §64.0 50 8 §64.0 50 9 N on-Tr ansfer ability of Per mits I ndustr ial user per mits, dischar ge author izations, and tr ué ked waste per mits ar e not tr ansfer able. A n application for a new industr ial user per mit, dischar ge author ization, or tr ucked waste per mit must be submitted to the City M anager pr ior to the sale, lease, tr ansfer or assignment of the pr emises or oper ation for which an industr iql user per mit, dischar ge author ization, or tr ucked waste peimit was issued. Revocation of Per mits (

a) In addition to any r emedies available in

Chapter 1 , A r ticle 2 ofthis Code, the City M anager may r evoke an industr ial user per mit, dischar ge author ization, or tr ucked waste per mit with at least 30 days pr ior wr itten notice if a per mittee: (1 ) fails to factually r epor t the wastewater constituents and char acter istics of its Dischar ge; (2 ) fails to r epor t significant changes in oper ations, or wastewater constituents and char acter istics; (3) r efuses r easonable access to the per mittee's pr emises for the pur pose of inspection or monitor ing; (4) violates the ter ms or conditions of the industr ial user per mit, dischar ge author ization, or tr ucked waste per mit; or (5 ) denies or unr easonably delays access to the Industr ia l User ' s pr emises by a feder al, state, or local r egulator y agency, the City, or their r epr esentatives, exer cising author ity under sections 64.0 50 6(

e) and (f). -PAGE 34 OF 47-

§64.0 51 0° (O-2 0 2 6-1 1 6) (

b) The City M anager may immediately r evoke an industr ial user per mit, dischar ge author ization, or a tr ucked waste per mit upon wr itten notice if the City M anager deter mines wastewater is an imminent danger to the envir onment, the health and welfar e of the public, or the oper ation of the wastewater system.

e) A n Industr ial U ser may appeal the r evocation of its industr ial user per mit, dischar ge author ization, or tr ucked waste per mit by submitting a wr itten pr otest to the City M anager within 2 0 days after r eceipt of the notice of r evocation. The pr otest must set for th the legal and factual basis for appealing the r evocation. Failur e to submit a timely wr itten pr otest will be deemed a waiver of the Industr ial U ser 's appeal. The City M anager shall issue a wr itten decision on the appeal within 2 0 days after r eceipt of the appeal.

If the City M anager fails to issue a wr itten decision within 2 0 days, the appeal will be deemed denied. A r evocation issued due to a violation enumer ated in

section 64.0 51 0 (

b) shall r emain in effect while any appeal is pending. The City M anager 's wr itten decision on appeal or deemed denial after 2 0 days is the final administr ative action. Judicial r eview ofthe final wr itten decision shall be gover ned by the Califor nia Code of Civil Pr ocedur e

section 1 094.6. (

d) The r evocation pr ocedur e does not limit or pr ohibit any r emedies available under

Chapter 1 of this Code. Pr ohibited Dischar ges (

a) Gener al Pr ohibitions -PAGE 35 OF 47-

(O-2 0 2 6-1 1 6) It is unlawful for aper son to intr oduce any pollutant or wastewater into the wastewater system which by iself or in combination with other w a s tew a ter could cause pass thr ough or inter fer ence, or adver sely affect the oper ation and maintenance of the wastewater system. (

b) Specific Pr ohibitions It is unlawful to dispose any ofthe following into wastewater system: (1 ) A ny pollutant which cr eates a fir e or explosion hazar d in the wastewater system, including wastestr eams with a closed cup flashpoint of less than 1 40 degr ees Fahr enheit or 60 degr ees Celsius using the test methods specified in 40 C.F.R. § 2 61 .21 . (2 ) A ny wastestr eam containing toxic or poísonous solids, liquids, or gases in such quantities that, alone or in combination with othei- substances, cause acute health and safety pr oblems for humans, animals, or the local envir onment.

(3) Any pollutant which will cause cor r osive str uctur al damage to str uctur es, equipment, or other physical facilities of the w a stew a ter system, but in no event any wastestr eam with pH lower than 5.0 , without wr itten per mission fr om the City Manager .

(4) Any solid or viscous substance or other matter of such quality, size, or quantity that it may cause obstr uction to flow in the sewer or be detr imental to pr oper wastewater system oper ations. These objectionable substances include asph lt, dead animals, offal, ashes, sand, mud, str aw, industr ial pr ocess shavings, metal, glass, r ags, feather s, tar , wood, whole blood, paunch manur e, bones, hair -PAGE 36 OF 47-

(O-2 0 2 6-1 1 6) and fleshings, entr ails, fatty acids, gr ease and oil, paper dishes, paper cups, milk container s, or other similar paper pr oducts, either whole or gr ound. 5 ) A ny pollutant, including oxygen demanding pollutants (e.g. BO D), r eleased in a Dischar ge at a flow r ate and/or pollutant concentr ation which will cause inter fer ence. (6) - Any r ainwater , stor m water , gr oundwater , str eet dr ainage, subsur face dr ainage, r oof dr ainage, yar d dr ainage, water fr om yar d fountains, ponds or lawn spr ays, or any other uncontaminated w ater.

(7) A ny wastestr eam having a temper atur e higher than 1 50 degr ees Fahr enheit (65.5 degr ees Celsius), or at a temper atur e which causes the influent to the wastewater tr eatment plant to exceed 1 0 4 degr ees Fahr enheit (40 degr ees Celsius).

(8) Fats, oils, and gr eases of animal or vegetable or igin in a concentr ation that exceeds 50 0 mg/L.

(9) A nypollutant with an unr easonably str ong odor or which may cr eate unr easonably str ong odor s. (1 0 )A ny wastestr eam containing over 1 .0 mg/1 of dissolved sulfides. (1 1 )A ny wastestr eam with a pH equal to or gr eater than 1 2 .5 standar d units. (1 2 )A ny pollutant which r esults in the pr esence of toxic gases, vapor s, or fumes within the w a stew a ter conveyance or tr eatment system in a quantity that may cause acute wor ker health and safety pr oblems. -PAGE 37 OF 47-

(O-2 0 2 6-1 1 6) (1 3) A ny pollutant r equir ing an excessive quantity of chlor ine or other chemical compound used for disinfection pur poses. (1 4) A ny excessive amounts of deionized water , steam condensate, distilled water , or single pass cooling water . (1 5 )A ny tr ucked or hauledpollutants, except at dischar ge points designated by the City. (1 6) A ny r adioactive mater ial, except wher e: (

A) aper son is author ized to use r adioactive mater ials by the State Depar tment of Health or other gover nmental agency empower ed to r egulate the use ofr adioactive mater ials, and (

B) the r adioactive mater ial is dischar ged in str ict confor mity with cur r ent feder al law as incor por ated by state law, Cal.

Code Regs., title 1 7, § 30 2 53, and the N uclear Regulator y Commission for safe disposal. (1 7) A ny pollutant pr oducing excessive discolor ation of the w a stew a ter tr eatment plant effluent. (1 8)A ny toxic mater ials including all heavy metals, cyanide, phenols, chlor inated hydr ocar bons, and other or ganic compounds unless limited to that concentr ation which complies with all local, state, and feder al dischar ge limitations, and which does not cause inter fer ence or pass-thr ough. (1 9) Petr oleum oil, nonbiodegr adable cutting oil, or pr oducts of miner al oil or igin in amounts that will cause inter fer ence or pass-thr ough. -PAGE 38 OF 47-

§64.0 51 1 (O-2 0 2 6-1 1 6) (2 0 )Hydr olysate, wastes, or wastewater r esulting fr om hydr olysis. Industr ial Wastewater Contr ol Pr ogr am (a). The City M anager shall establish an Industr ial Wastewater Contr ol Pr ogr am to: (1 ) admi ister and enfor ce Divisions 3 and 5 ofthis A r ticle; (2 ) develop, administer , and enfor ce specific local limits and best management pr actices as necessar y to implement the pr ohibitions in

section 64.0 51 0; (3) develop, administer , and enfor ce a local pr etr eatment pr ogr am, includingpr etr eatment to comply with local limits (4) pr epar e and submit r epor ts as r equir ed by state and feder al r egulator y agencies; and (5) per for m any other duties that r educe har mful or toxic dischar ges to the wastewater system. (

b) The Industr ial Wastewater Contr ol Pr ogr am may per for m these duties outside the City limits at the r equest of another public agency with sewer s that connect to the wastewater system. If the City does not per for m these duties, the other public agency shall per for m these duties itself in accor dance with this A r ticle and any local limits, best management pr actices, and pr etr eatment pr ogr ams developed by the City, as a condition o f maintaining its connection to the wastewater system. (c) ° Local limits ar e not enfor ceable until appr oved by the EPA or the San Diego Regional W ater Quality Contr ol Boar d. -PAGE 39 OF 47-

§64.0 51 2 (O-2 0 2 6-1 1 6) (

d) To the extent it does not contr adict ter ms continued within this A r ticle, the Industr ial Wastewater Contr ol Pr ogr am Enfor cement Response Plan, as appr oved by the City M anager , is incor por ated by r efer ence to this A r ticle. Pr etr eatment (

a) The City M anager may r equir e pr etr eatment of wastewater to r educe the am ount of pollutants, eliminate pollutants, or alter the natur e of pollutant pr oper ties in w a s tew a ter pr ior to or in lieu ofDischar ge or other wise intr oducing such pollutants into the wastewater system. The r eduction or alter ation may be obtained by physical, chemical, or biological pr ocesses, pr ocess changes, or by other means, except as pr ohibited by 40 C.F.R. 40 3.6(d). (

b) A cceptablepr etr eatment technology includes contr ol equipment, such as equalization tanks or facilities, for pr otection against sur ges or slug . . I· dischar ges that could cause intedèr ence, pass-thr ough, or other wise, disr upt the wastewater system. If wastewater fr om a r egulated pr ocess is mixed in an equalization facility with unr egulated wastewater or with wastewater fr om another r egulated pr ocess, the effluent fr om the equalization facility must meet an adjusted pr etr eatment limit calculated in accor dance with 40 C.F.R. 40 3.6(e). (

c) Per sons with industr ial user per mits r equir ed to usepr etr eatment shall: (1 ) install, oper ate, and maintain thepr etr eatment equipment at their 0 sole expense; (2 ) submit detailed plans, schedules, and oper ating pr ocedur es to the City M anager for r eview and appr oval befor e installation of the -PAGE 40 OF 47-

§64.0 51 3 (O-2 0 2 6-1 1 6) equipment. The City M anager 's r eview or appr oval shall not r elieve an Industr ial Uer per mittee's r esponsibility for complying with an industr ial user per mit or dischar ge author ization nd (3) submit any subsequent changes in thepr etr eatment facilities or method ofoper ation to the City M anager for appr oval. (

d) Per sons with an industr ial user per mit shall not incr ease the use of pr ocess water or in any way attempt to dilute a Dischar ge as a par tial or complete substitute for adequatepr etr eatment to achieve compliance with any local, state, or feder al Standar d, incuding N ational Pr etr eatment Standar ds set for th at 40 C.F.R.,

Chapter I, Subchapter N , Par ts 40 5 to 499, and incor por ated by r efer ence, and local limits and r equir ements developed to implement the G ener al and Specific Pr ohibitions set for th in

section 64.0 51 0 . The City M anager may impose mass limitations on Industr ia l User s which ar e using dilution to meet applicable Pr etr eatment Standar ds or Pr etr eatment Requir ements, or in other cases wher e the imposition of mass limitations is appr opr iate. Pr otection fr om Slug Dischar ges Slug dischar ges a e pr ohibited. Significant Industr ial U ser s shall: (1 ) install, oper ate, and maintain equipment to pr event slug dischar ges at their own cost and expense; (2 ) per manently post a notice on a bulletin boar d or other pr ominent place advising employees who to contact in the event of a slug dischar g , a d -PAGE 41 OF 47-

§64.0 51 4 (O-2 0 2 6-1 1 6) (3) r egular ly instr uct or advise all employees who may cause, allow, or obser ve aslug dischar ge of any emer gency notification and r esponse pr ocedur es. (

b) The City M anager shall, upon deciding that the potential for a slug dischar ge ofhar mful or pr ohibited mater ials exists, r equir e that a Significant Industr ial U ser dev lop and implement a slug dischar ge contr ol plan, which at a minimum, shall satisfy the r equir ements of 40 C.F.R. Par t 40 3.8(f)(2 ) vi)(

A) thr ough (D). (

c) A Signtîcant Industr ial U ser shall immediately notify the City M anager of any changes at its facility affecting the potential for a slug dischar ge. (

d) A Signitcant Ind str ial U ser shall immediately notify the City M anager ofany slug dischar ges.The notification shall include location of stug. dischar ge, type of waste, concentr ation and volume, and cor r ective k actions. Within five days following a slug dischar ge, Signijìcant Indústr ial U ser s shall submit to the City M anager a detailed wr itten r epor t descr ibing the cause of the slug dischar ge and the measur es to be taken by the Signitcant Industr ial U ser to pr event futur e occur r ences.

N othing her ein will r elieve the Signiicant Industr ial U ser of any liability, expense, fines, or penalties r esulting fr om a slug dischar ge. Gar bage Gr inder s Waste fr om gar bage gr inder s shall not be disposed of into the wastewater system except for waste gener ated in pr epar ation of food nor mally consumed on the pr emises, or wher e an industr ial user per mit has been issued to use a gar bage gr inder connected to the wastewater system. -PAGE 42 OF 47-

:y §64.0 51 5 §64.0 51 6 §64.0 51 7 (O-2 0 2 6-1 1 6) A s a per mit condition of using a gar bage gr inder , Industr ia l User s must under take self-monitor ing sufficieñt to enable the City M anager to deter mine the sewer ser vice char ges based on the waste constituents and char acter istics. Such gr inder s must shr ed the waste to a degr ee that all par ticles will be car r ied fr eely under nor mal flow conditions pr evailing in the wastewater system. Gar bage gr inder s connected to the wastewater system shall not be used for gr indíng plastic, paper pr oducts, iner t mater ials, or gar den r efuse.

Liquefier s Li4uefier s, also r efer r ed to as biodigester s or wet systems, ar e industr ial devices that r educe food waste to a slur r y using some combination of gr inding, shr edding, agitating, biological agents, temper atur e, and water . Liquefier s shall not be ..: dir ectly or indir ectly connected to the w stewater system. . . Availability of the City's Wastewater Facilities fhe City M anager may deny or condition new or incr eased wastewater if iè' sufficient capacity is not available in the wastewater system.

When r equested, the City M anager will advise p er sons desir ing to locate new facilities as to the ar eas wher e industr ial wastewater of their pr oposed quantity and quality can be r eceived by the wastewater system. Chemical Oxygen Demand or Suspended Solids Incr eases Ån Industr ial User shall immediately notify the City M anager in wr iting if chemical oxygen demand or suspended solids ar e being dischar ged at a flow r ate or concentr ation that exceeds the amount upon which the Industr ia l User's s e w e r ser vice char ge is based by 1 5 per cent or mor e.

The City M anager may r equir e the Industr ia l User to submit a new application in accor dance with

section 64.0 50 1 . -PAGE 43 OF 47- Ò

§64.0 51 8 (O-2 0 2 6-1 1 6) The City M anager shall r ecalculate the sewer ser vice char ge for an Industr ial U ser who exceeds the amo nt of chemical oxygen demand or suspended solids upon which the Industr ia l User's sewer ser vice char ge is based by 1 5 per cent or mor e. Befor e these char ges shall be assessed at least two additional 2 4-hour samples and flow measur ements shall be obtained by the City M anager with all costs of sampling and analyses to be paid by the Industr ial User .

The City M anager shall consider the data obtained in these samplings along with any other r elevant infor mation obtained by the City M anager or pr esented by the Industr ial U ser in deter mining the new sewer ser vice char ge. The City M anager may pur sue back char ges for sewer ser vice fr om an Industr ial U ser who exceeds the amount of chemical oxygen demand or suspended solids upon which the Industr ia l ser's sewer ser vice char ge is based by 1 5 per cent or mor e. Trucked Waste Permit (

a) A tr ucked waste per mit is r equir ed to dispose of wastewater fr om a tr anspor t tr uck into the wastewater system and fr om gener ator s of non- domestic wastewater that use a tr anspor t tr uck to t anspor t wastewater to the wastewater system. A ll applicants for a tr ucked waste per mit shall complete the application for m pr ovided by the City M anager and pay the appr opr iate per mit fee as established fr om time to time by City Council r esolution. A tr ucked waste per mit shall not exceed one year . (

b) The City M anager shall designate locations in the wastewater system wher e wastewater maybe disposed ofby per sons with a valid tr uêked waste per mit. The City M anager may deny access to any per son with w a s tew a ter that by itself or in combination with other wastewater , could -PAGE 44 OF 47-

(O-2 0 2 6-1 1 6) - cause inter fer ence, pass-thr ough, or adver sely affect the oper ation or maintenance of the wastewater system. (

c) The City M anager shall r equir e payment for tr eatment and disposal costs fr om per sons with tr ucked waste per mits based on tr eatment and disposal costs appr oved by City Council r esolution. Ç (

d) It is unlawful for anyper son to dispose of wastewater fr om a tr uck into the wastewater system without a valid tr ucked waste per mit, or to dischar ge the wastewater at any location other than those designated by the City M anager for the type of wastewater . §64.0 51 9 Recor ds Retention Per sons r equir ed to have an industr ial user per mit, a dischar ge author ization, or a tr ucked waste per mit, shall r etain and pr eser ve all r ecor ds, including documents, data, photogr aphs, r epor ts, cor r espondence, and any and all summar ies ther eof, r elating to measur ing, pr etr eatment, monitor ing, sampling, and chemical analyses of their wastestr eam and best management pr actices for at least thr ee year s.

If a per son has been notified by the City M anager that theper son has violated a pr ovision ofthis A r ticle, no such r ecor ds may be destr oyed or other wise disposed ofuntil after the matter is r esolved and any appeals exhausted.

Per sons shall per mit feder al, state, and local r egulator y agencies, the City, and their r epr esentatives to inspect and copy such r ecor ds dur ing nor mal business hour s. §64.0 52 0 Public N otice of Significant N oncompliance The City M anager shall annually publish the identity ofIndustr ial U ser s who, at any time dur ing the pr evious calendar year , wer e in Signitcant N oncom p iance -PAGE 45 OF 47-

(O-2 0 2 6-1 1 6) with applicable Pr etr eatment Standar ds and Pr etr eatment R equir ements under 40 C.F.R. 40 3.8(f)(2 )(viii). Publication shall be made in one or mor e newspaper s of gener al cir culation that pr ovide meaningful public notice within the ar ea ser viced by the wastewater system.

Section 6. The Council dispenses with a full r eading of this O r dinance befor e its passage because a wr itten copy of this O r dinance was made available to the Council and the public befor e the date of its passage.

Section 7. This Or dinance will take effect and be in for ce on the thir tieth day fr om and after its final passage. A PPROVED: HEATHER FERBERT, City A ttor ney Bonny Hsu Dep ty City Attor ney BH:cw A p il 1 0 , 2 0 2 6 Or .Dept: Public U tilities CC No.: N/A Doc. No.: 409 1719 -PAGE 46 OF 47-

(O-2 0 2 6-1 1 6) . I cer tify that the Council of the City of San D iego adopted this O r dinance at a meeting held on JU N 0 8 2 0 2 6 DIAN A j.S. FUEN TES City Clër k -i .A Q A ppr oved: 52 (date) T O D D G L M ay o r Vetoed: (date) TODD GLORIA, M ayor 0 -PAGE 47 OF 47-

(O-2 0 2 6-1 1 6) STRIK EOUT ORDINANCE OLD LANGUAGE: t ele O t NEW LANGUAGE: Double Under line ORDINANCE NUMBER O- (N EW SERIES) DATE OF FINAL PASSAGE AN ORDIN ANCE AMEN DIN G

CHAPTER 6,

ARTICLE 4 OF THE SAN DIEGO MUNICIPAL CODE BY RETITLING

ARTICLE 4, AMEN DING

CHAPTER 6,

ARTICLE 4, DIVISION 1 OF THI SAN DIEGO MUNICIPAL CODE BY AMEN DIN G SECTIONS 64.01 0 0 AN D 64.01 01 , RETITLING AN D AMEN DIN G

SECTION 64.01 0 2; AMEN DIN G

CHAPTER 6, DIVISION 2 BY AM EN DIN G

SECTION 64.0 2 0 0; A MEN DIN G

CHAPTER 6, DIVISION 3 BY REN UMBERIN G AN D AMENDIN G

SECTION 64.0300 TO

SECTION 64.0301 , REPEALIN G FORMER

SECTION 64.0301 , AMEN DIN G SECTIONS 64.030 2,64.030 3,64.030 4,64.0305, AN D 64.030 6, RETITLIN G AN D AMEN DIN G

SECTION 64.0307, AN D A DDIN G N EW SECTIONS 64.0308, 64.030 9, AN D 64.031 0; AMEN DIN G

CHAPTER 6, DIVISION 5 BY RETITLIN G AN D AMEN DIN G SECTIONS 64.050 0,64.0501 ,64.050 2,64.050 3, 64.050 4, AN D 64.0505, REN UM BERIN G, RETITLIN G, AND AMENDIN G

SECTION 64.050 6 TO

SECTION 64.0508, ADDING A NEW

SECTION 64.050 6, REN UMBERING, RETITLING, AND AMENDI NG

SECTION 64.0507 TO

SECTION 64.050 9, ADDIN G A NEW

SECTION 64.0507, REPEALIN G SECTIONS 64.0508 AN D 64.050 9, RENUMBERIN G, RETITLING, AND AMENDING

SECTION 64.0 51 2 TO

SECTION 64.051 0, ADDING A N EW

SECTION 64.051 1 , RENUMBERIN G AN D AMENDING

SECTION 64.051 0 TO

SECTION 64.051 2, RENUMBERIN G AND AMENDING FORMER

SECTION 64.0511 TO

SECTION 64.051 3, REPEALIN G FORMER

SECTION 64.051 2 , REN UMBERIN G, RETITLING, A ND AMENDING

SECTION 64.051 3 TO 64.051 4, REPEALIN G FORMER

SECTION 64.051 4, RETITLING AN D AMEN DIN G

SECTION 64.051 5, AMEN DIN G

SECTION 64.051 6, RETITLING AND AMENDING SECTIONS 64.0517 AND 64.051 8, AMEN DIN G

SECTION 64.051 9, AN D RETITLING AN D AMEN DIN G

SECTION 64.052 0, ALL RELATIN G TO THE INDUSTRIAL WASTEWATER CONTROL PROGRAM. -PAGE 1 OF 68- .

(O-2 0 2 6-1 1 6) Ar ticle 4: Sewe Wastewater Division 1 : Pur pose, Scope and Policy §64.0 1 0 0 §64.0 1 0 1 §64.0 1 0 2 Pur pose The pur pose of this e i a eeA r ticle is to pr ovide for the maximum beneficial public use o f the City's wastewater systemwastewater svstem thr ough adequate r egulation of sewer constr uction, sewer usi and industr ial wastewater industr ial w a stew a ter dischar ge, to pr ovide for equitable distr ibution of the City's costs, and to pr ovide pr ocedur es for complying with wasewate wastewater dischar ge r equir ements placed upon the City by other r egulator y bodies. Scope This e di a eeA r ticle shall be inter pr eted in accor dance with the

definitions set for th her ein and the pr ovisions of this d a eeA r ticle shall apply to the di t-f i dieetdiseha ge Dischares and wastestr eams of all waste into the G ity s was e ø e¥- e ñwastewater svstem.

This e di a eeAr ticle, among other things, pr ovides for the r egulation of sewer constr uction in ar eas within the City's boundar ies, the quantity and quality of diseha ge wasteswastestr eams, the degr ee of waste pr etr eatment r equir ed, the setting of waste dischar ge fees to pr ovide for equitable distr ibution of costs, the appr oval of plans for sewer constr uction, the issuance of Per mits for Industr ial Wastewater Dischar ge industr ial user per mits and of other miscellaneous per mits, and the establishment of penalties for violation of this e d a eeA r ticle. 0 iq id- s e Wastewater Disposal Policy The City b ilds-a d- constr ucts. oper ates and maintains a p bliesewe s- wastewater facilitie - wastewater svstem ser ving homes, industr ies and -PAGE 2 OF 68-

(O-2 0 2 6-1 1 6) commer cial establishments. T he following policies apply to wastewater diseh ges within the City's boundar ies and to other di eha geswastewater that a ei tr ibutar y to the City's wastewater facilities astewater svstem .

G ener ally, wastewater or iginating within the City's boundar ies w a s tew a ter will be emeved- tr anspor ted and tr eated by the City's wastewater systemvast:water svstem pr ovided the w a e *e e wa stew a ter will not (1 ) damage str uctur es, (2 ) cr eate nuisances such as odor s, (3) menace public health, (4) impose unr easonable collection, tr eatment or disposal costs on the City, (5) inter fer e with wastewa e wastewater tr eatment pr ocesses, (6) e* eeed-violate quality r equir ements set by r egulator y gover nment agencies, or (7) detr imentally affect the local envir onment.

The City is committed to a policy of wastewatenvastewater eae atiø r eclamation and r euse i - ør d F - to pr ovide an alter nate sour ce of water supply and to r educe over all costs of was ewa e wastewater tr eatment and disposal. The e evatie r eclamation of wasewa envastewater thr ough secondar y and ter tiar y w tewe e va stew a ter tr eatment pr ocesses may necessitate mor e str ingent quality r equir ements on industr ial wastewater dischar ger s ndustr ial U ser s than those r equir ed by other r egulator y agencies.

To comply with stated policies of the Fed feder al gover nment and to per mit the City to meet incr easingly higher standar ds, pr ovisions ar e made in this e d a eeA r ticle for the r egulation of industr ial wastewater disehegeswastewater . This e d a eeA r ticle establishes quantity and quality limitations on industr ial wastewater dischar gesvastcwater . M ethods of cost r ecover y fr om industr ial wastewater dischar ger sIndustr ial U ser s ar e also -PAGE 3 OF 68-

(O-2 0 2 6-1 1 6) established wher e the diseh geswastewater impos inequitable collection, tr eatment, or disposal costs on the City. Recover y and r euse pr ocedur es established by industr ial wastewater di eh ge Industr ial U ser s themselves to meet the limitations set on their diseh gesdischares will be pr efer r ed by the City over those pr ocedur es designed solely to mee wasewate di eha gewastewater limitations. M ethods pr oviding for beneficial r euse of other wise wasted r esour ces shall be the appr oved method of industr ial wastewate industr ial wastewater tr eatment wher ever feasible.

O ptimum use o f the City' s wastewater facilities wastewater svstem may r equir e that cer tain industr ial wastewater swastewater be dischar ged dur ing per iods of low flow in the City's wastewater systcmwar 'ewater system. Division 2:

Definitions §64.0 2 0 0

Definitions U nless othenvise defined her ein, ter ms r elating to water and wastewater shall be as adopted in the latest edition of Standar d M ethods for the Examination of Water and Wastewater , published by the Amer ican Public Health Association, the Amer ican Water Wor ks A ssociation, and the Water Pollution Contr ol Feder ation. Ter ms r elated to Industr ial Wastewater and to Gener al Pr ovisions when applied in r elation to industr ial wastewater shall have the same meaning as set for th in the Code of Feder al Regulations [C.F.P] at 1 0 C.F.R. 1 01 .1 1 and 1 0 3.3.

The meaning of other var ious ter ms as used in this or dinance shall be as føl øwsFor pur poses o f this Ar ticle. the following defined ter ms appear in italics: -PAGE 4 OF 68-

(O-2 0 2 6-1 1 6) (a A Ž A ct has the samemeaning as in 40 C.F.R. 40 3.3(bì which means the Feder al Water Pollution Contr ol Act, also known as the Clean Water Act, as amended, 33 U.S.C. 44 1 2 51 et seq., 86 Stat. 81 6, Pub. L. 92 50 0 1 387. "A pplicant" A ppicant means any pe per son, fir m entit . or ee pe tien-agency who applies for connections to a- p blie- sewe the w a s tew a ter svstem.

"BM P" or Best M anagement Pr actice" Bcst mana ement pr actices or BM Ps has the same meaning as in 40 C.F.R. 40 3.3(eì which means any pr ocedur e or measur e designed to r educe, eliminate, or contr ol the gener ation or dischar ge of pollutants in lieu of a numer ic limitschedules of activities. pr ohibitions of pr actices. maintenance pr ocedur es. and other management pr actices to pr event dischar ges pr ohibited bv M unicipal Code

section 64.051 0. BMPs also include tr eatment r equir ements. oper ating pr ocedur es. and pr actices to contr ol plan site r unoff. spillage or leaks. sludge or waste disposal. or dr ainage fr om r aw mater ials stor age. N ote: B Ps also include alter native means i.e.. management plans) of compl ing with. or in place of. cer tain established Cate or ical Pr etr eatment Standar ds and effluent limits. (€1 "C.F.R." means the Code of Feder al Regulations. Cate or ical Pr etr eatment Standar d. Categor ical Standar d, N ational Pr etr eatment Standar d.

Pr etr eatment Standar d. or Standar d has the same meaning as in 40 C.F.R. 403.3(1 ). which means anv r egulation containing pollutant dischar ge limits pr omulgated bv the EPA in accor dance with

section 30 7(b and (c of the -PAGE 5 C )F 68- e

(O-2 0 2 6-1 1 6) A ct. which applies to Industr ial U ser s.

This ter m includes pr ohibitive dischar ge limits established pur suant to 40 C.F.R. 40 3.5. ) "D ischar ger " means any per son that dischar ges or causes a dischar ge of wastewater dir ectly or indir ectly to a public sewer . 0 "Dischar ge A uthor ization" Dischare author ization means any -wr itten author ization g ented- issued by the City M anager author izing the iseha ge-disposal of Industr ial Wastewater industr ial w a stew a ter to the p bie-sewe wastewater svstem that is not an Industr ial User Dischar ge e industr ial user per mit. g) "D omestic W astewater "Domestic wastewater means the4 id- - a d water bome wastes der ived fr om the or dinar y living pr ocesses in a dwelling unit, said wastes being of such char acter as to per mit satisfactor y disposal, without special tr eatment, into a public sewer or by means of a pr ivate disposal system 'astewater fr om r esidential sour ces. hotel r ooms. and r estr ooms consisting pr imar ilv of water bor ne human waste.

"EPA" _means the United States Envir onmental Pr otection A gency. Indir ect Dischare or Dischare has the same meaning as in 40 C.F.R. 40 3.3(iì which means the intr oduction ofpollutants into a POTW fr om anv non-domestic sour ce r egulated under

section 30 7(b). (cì. or (

d) of the Act. Hvdr olvsate means the r esultant liquid fr om the hydr olysis of human r emains. Hvdr olvsis means the pr ocess bv which the bodv of a deceased per son is 0 chemicallv r educed to its essential or ganic components and bone fr agments either befor e or after pr ocessing of the r emains after r emoval fr om the hydr olvsis chamber . -PAGE 6 OF 68-

(O-2 0 2 6-1 1 6) 0 "Industr ial Wastewater " Industr ial astewater means a wasewate excluding domestic wastewater , and shall include all wastewater wastewater fr om any pr oducing, manufactur ing, pr ocessing, institutional, commer cial, ser vice, agr icultur al, or other similar oper ation even if such w a stew a ter 1 combined with domestic wastewater . and includes gr oundwater and sur face r un-on at pr oect sites with active constr uction dewater ing or gr oundwater r emediation. These may also include wastes of human or igin similar to domestic wastewater . "Industr ial User " Industr ial U ser has the same meaning as in 40 C.F.R. 40 3.3(

i) which means a dischar ger of Industr ial Wastewater to a Public ewe a sour ce of Indir ect Dischare. Industr ial user per mit means a per mit issued bv the Industr ial Wastewater Contr ol Pr ogr am and author ized bv the Citv M anager for a par ticular activity pur suant to M unicipal Code

section 64.0501 . e fe e ee"- Inter fer ence has the same meaning as in 40 C.F.R. 40 3.3(kì which means a iseha ge- Dischare which, alone or in conjunction with a dischar ge or dischar ges fr om other sour ces, both: (1 ) inhibits or disr upts the PG W POTF, its tr eatment pr ocesses or oper ations, or its sludge pr ocesses, use or disposal; and (2 ) ther efor e is a cause of a violation of any r equir ement of the * 9.POTW's N ational Pollutant Dischar ge Elimination System fíN PDES per mit (including an incr ease in the magnitude or dur ation of a violation) or of the pr evention of sewage sludge use or disposal in compliance with the following statutor y -PAGE 7 OF 68-

(O-2 0 2 6-1 1 6) pr ovisions and r egulations or per mits issued ther eunder (or mor e str ingent State or local r egulations):

Section 40 5 ofthe Clean Water A ct, the Solid Waste D isposal A ct fíSW DA1 (including title II, mor e commonly r efer r ed to as the Resour ce Conser vation and Recover y A ct fíRCRAl, and including State r egulations contained in any State sludge management plan pr epar ed pur suant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Contr ol Act, and the M ar ine Pr otection, Resear ch and Sanctuar ies Act. "Local Limit" Loca l limit means a numer ical limit on a pollutant established by the PGIW- Citv M anager to implement the gener al and specific pr ohibitions set for th at Sa - iege M unicipal Code

section 64.0 51 2. Such limits shall be technically based and shall r equir e PA- EPA or the Regional Water Qualit Contr ol Boar d appr oval pr ior to implementation. "M ass Emission Rate" means the weight of mater ial dischar ged to a public sewer dur ing a given time inter val. "N ational Pr etr eatment Standar d, Categor ical Pr etr eatment Standar d, " "Feder al Pr etr eatment Standar d Pr etr catment Standar d, " or "Standar d" means the r egulations set for th in the Code of Feder al Regulations at 1 0 C.F.R

Chapter I, Subchapter N , par ts 1 0 5 1 99, containing pollutant dischar ge limits pr omulgated by the EPA, which apply to Industr ial User s. This ter m includes pr ohibitive dischar ge limits established pur suant to 1 0 C.F.R. 1 0 3.5 and San Diego M unicipal Code

section 61 .0 2 0 0 (k). -PAGE 8 OF 68-

-2 0 2 6-1 1 6) ewS - N ew Sour ce has the same meaning as in 40 C.F.R. 40 3.3 ** (mì. which means: £1 1 A nv building. str uctur e. facilit . or installation fr om which ther e is or may be a Dischare of pollutants. the constr uction of which commenced after the publication of pr oposed Pr etr ea tment Standar ds under

section 30 7(

c) of the A ct which will be applicable to such sour ce if such Standar ds ar e ther eafter pr omulgated in accor dance with that section. pr ovided that: íiì the building. str uctur e, facility, or installation is constr ucted at a site at which no other sour ce is located: or íiD the building. str uctur e. facilitv. or installation totall r eplaces the pr ocess or pr oduction equipment that causes the dischar ge ofpollutants at an existing sour ce; or (iii) the pr oduction or w a s tew a ter gener ating pr ocesses of the building. str uctur e. facilitv. or installation ar e substantiallv independent of an existing sour ce at the same site.

In deter mining whether these ar e substantiallv independent. factor s such as the extent to which the new facility is integr ated with the existing plan. and the extent to which the new facility is engaged in the same gener al tvpe of activit as the existing sour ce should be consider ed. 2 1 Constr uction on a site at which an existing sour ce is located r esults in a modification r ather than a New Sour ce if the constr uction does not cr eate a new building. str uctur e. facilit . or installation meeting -PAGE 9 OF 68-

(O-2 0 2 6-1 1 6) the cr iter ia of 40 C.F.R. 403.3(m)(1 )(ii) or (m)(1 )(iii). but other wise alter s. r eplaces. or adds to the existing pr ocess or pr oduction equipment. £ Constr uction of a N ew Sour ce as defined under this par agr aph has commenced if the owner or oper ator has: 01 Begun. or caused to begin as par t of a continuous onsite constr uction pr ogr am: (

A) Any placement. assembl . or installation of facilities or equipment: or 03) Significant site pr epar ation wor k including clear ing, excavation. or r emoval of existing buildings. str uctur es. or facilities which is necessar v for the placement, assembl . or installation of New Sour ce facilities or equipment: or i Enter ed into a binding contr actual obligation for the pur chase of facilities or equipment which ar e intended to be used in its oper ation within a r easonable time.

Options to pur chase or contr acts which can be ter minated or modified without substantial loss. and contr acts for feasibility, engineer ing. and design studies do not constitute a contr actual obligation under this par agr aph. 0 (p) "Pass Thr ough" Pass thr ou h has the same meaning as in 40 C.F.R. 40 3.3p) which means a non domestic dischar ge Dischar ge which exits the P T - W- POTF into water s o f the United States in quantities or -PAGE 1 0 OF 68-

(O-2 0 2 6-1 1 6) concentr ations which, alone or in conjunction with a dischar ge or dischar ges fr om other sour ces, is a cause of a violation of any r equir ement of the G N -POTW's N PDES per mit (including an incr ease in the magnitude or dur ation of a violation). Per son has the same meaning as in San Diego M unicipal Code

section 1 1 .0 21 0 . Pol utant means dr edged spoil. solid waste. inciner ator r esidue. sewage. gar bage, sewa e sludge. munitions. chemical wastes. biological mater ials, r adioactive mater ials. heat. wr ecked or discar ded equipment. r ock. sand. cellar dir t. and industr ial, municipal, and agr icultur al waste dischar ged into water . 0 "Pr ocess wastewater " means any water which, dur ing manufactur ing or pr ocessing, comes into dir ect contact with or r esults fr om t e pr oduction or use o f any r aw mater ial, inter mediate pr oduct, finished pr oduct, by pr oduct, o r u 'a s te pr oduct.

"Publicly Owned Tr eatment W or ks" Publiclv Owned T r eatment W or ks or P IW- POTHhas the same meaning as in 40 C.F.R. 403.3q). which means tr eatment wor ks as defined by

section 21 2 ofthe A e dct, which is owned by a State or municipality (as defined by

section 50 2 (4) of the A et* ). This definition includes any devices and systems used in the stor age, tr eatment, r ecycling and r eclamation of municipal sewage or industr ial wastes of a liquid natur e. It also includes sewer s, pipes and other conveyances only if they convey w s ew e eý-w a s tew a ter to a P W ea me tPa tPOTH tr eatment plant. The ter m also means the municipality as defined in

section 50 2 (4) of the Ae ft, which has -PAGE 11 OF 68-

(O-2 0 2 6-1 1 6) jur isdiction over the i diF ee diseha ge - Indir ect Dischares to and the dischar ges fr om uch a tr eatment wor ks. -POTW Tr eatment Plant" POTH / Tr eatment Plant has the same meaning as in 40 C.F.R. 40 3.3(r ì. which means that por tion of the P TW- PO TH / which is designed to pr ovide tr eatment (including r ecycling and r eclamation) of municipal šewage and industr ial waste. Ø P t atme APr etr eatment has the same meaning as in 40 C.F.R. 40 3.3 (sì. which means the r eduction of the amount ofpell anspollutants, the elimination of pel ta spollutants, or the alter ation of the natur e of pel tant- pollutant pr oper ties in wasewate -wastewater pr ior to or in lieu of dischar ging or other wise intr oducing such pell añt - pollutants into a P-Q Ç POTW.

The r eduction or alter ation may be obtained by physical, chemical or biological pr ocesses, pr ocess changes, or by other means, except as pr ohibited by 40 C.F.R. 40 3.6(d). A ppr opr iate p e eatme pr etr eatment technology includes contr ol equipment, such as equalization tanks or facilities, for pr otection against sur ges or slug loadings that might inter fer e with or other wise be incompatible with the P TW POTH.

However , wher e wa ewate -wastewater fom a r egulated pr ocess is mixed in an equalization facility with unr egulated wastewate w a stew a ter or with wastewa e wastewater fr om another r egulated pr ocess, the effluent fr om the equalization facility must meet an adjusted p e eatme tpr etr eatment limit calculated in accor dance with 40 C.F.R. 40 3.6(e). -PAGE 12 OF 68-

(O-2 0 2 6-1 1 6) "Pr etr catment r equir ement" Pr etr eatment Requir ement has the same meaning as in 40 C.F.R. 40 3.3( . which means any substantive or pr ocedur al r equir ement r elated to Pe ea me pr etr eatment, other than a National Pr etr eatment r ,· r at onal Pr etr eatment Standar d, imposed on an a s - U e Industr ial User . Sewer later a l means the pipe that collects wastewater fr om dr ains. sinks. shower s, tubs. toilets. and other fixtur es on the pr oper t . including the por tion of the pipe that extends fr om the pr oper tv and connects to the City's sewer main.

"Significant Industr ial User "Si ni cant Industr ial U ser has the same meaning as in 40 C.F.R. 40 3.3vì. which means: (

i) All i s i e -Industr ial User s subject to G atege ieal Pr etr eatment Standar ds Cate or ical Pr etr eatment Standar ds under 40 C.F.R. 40 3.6 and 40 C.F.R

chapter I, subchapter N ; and (ii) Any other i s ia -se Industr ial U ser that: dischar ges an aver age of 2 5, 0 0 0 gallons per day or mor e of pr ocess wastewa envastewater to the PGF W- POTH (excluding sanitar y, noncontact cooling and boiler blowdown wasewa e wastewater ); contr ibutes a pr ocess wastestr eam which makes up 5 per cent or mor e of the aver age dr y weather hydr aulic or or ganic capacity of the PQ W 0 t eatme pla tPO TH / tr eatment plant; or is designated as such by the Contr ol A uthor ity as defined in 40 C.F.R 0 3.1 2 (a) 1 0 3.3(

f) on the basis that the i d st i l- F -PAGE 13 OF 68-

(O-2 0 2 6-1 1 6) Industr ial U ser has a r easonable potential for adver sely affecting the PGA - POTHs oper ation or for violating any p e eatment- sa de - Pr etr eatment Standar d or r equir ement (in accor dance with 40 C.F.R. 40 3.8 (6)). "Significant N on Compliance" i nifìcant N oncomp iance or "SM C' SN C has the same meaning as in 40 C.F.R. 40 3.8(f)(2 )(viiiì. which means a Si nificant Industr ial U ser (or any Industr ial User which violates 40 C.F.R. 403.8(f)(2 )(viii)(C). (D).or (Hì) if its violation meets one or mor e of the following cr iter ia:

A) Chr onic violations of wastewater Dischare limits. defined her e as'those in which 66 per cent or mor e of all the measur ements taken for the same pollutant par ameter dur ing a 6-month per iod exceed (by any magnitude a numer ic Pr etr eatment Standar d or Pr etr eatment Requir ement. including instantaneous limits. as defined bv 40 C.F.R. 403.3(l (Bì Technical Review Cr iter ia (TRCì violations, defined her e as those in which 33 per cent or mor e of all the measur ements taken for the same pollutant par ameter dur ing a 6-month per iod equal or exceed the pr oduct of the numer ic Pr etr eatment Standar d . or Pr etr eatment Requir ement including . instantaneous limits. as defined bv 40 C.F.R. 40 3.3(1 ) multiplied by the applicable TRC (TRC = -PAGE 1 4 OF 68-

(O-2 0 2 6-1 1 6) 1 .4 for BOD. TSS. fats. oil. and gr ease. and 1 .2 for all other pollutants except Iì: A nv other violation of a Pr etr eatment Standar d or Pr etr eatment Requir ement as defined bv 40 C.F.R. 40 3.3(1 ) (daily maximum. long-ter m aver age. instantaneous limit. or nar r ative Standar

d) that the E _d er mines has caused. alone or in combination with other Dischares. Inter fer ence or Pass T hr ou h (including endanger ing the health of POTHper sonnel or the gener al public : Ž ) Any dischar ge of a pollutant that has caused imminent endanger ment to human health. welfar e. or to the envir onment or has r esulted in the POTW's exer cise of its emer gency author it under 40 C.F.R. 403.8( (1)(vi)(

B) to halt or pr event such a dischar ge; (

E) Failur e to meet. within 90 davs after the

schedule date. a compliance

schedule milestone contained in a local contr ol mechanism or enfor cement or der for star ting constr uction. completing constr uction. or attaining final compliance: (Fì Failur e to pr ovide. within 45 davs after the due date, r equir ed r epor ts such as baseline monitor ing r epor ts. 90 day compliance r epor ts. per iodic self- -PAGE 15 OF 68-

(O-2 0 2 6-1 1 6) monitor ing r epor ts. and r epor ts on compliance with connpliance schedules: Gì Failur e to accur atelv r epor t noncompliance: Iì Anv other violation or gr oup of violations, which mav include a violation of Best M ana ement Pr actices. whibh the POT deter mines will adver selv affect the oper ation or implementation of the local Pr etr eatment pr ogr am.

Slu dischar ge means a wastestr eam of a non-r outine. episodic natur e. including an accidental spill or an uncustomar y batch dischar ge. which could cause inter fer ence. pass-thr ou h. or adver sel affect the oper ation or maintenance of the wastewater svstem. or in anv other wav violate the POTW's r egulations. local limits. or per mit conditions.

Wastewater means water that is no longer useful and has been or is in the pr ocess ofbeing discar ded. including liquid and water car r ied waste and sewage fr om r esidential pr oper ties. commer cial buildings. industr ial and manufactur ing facilities. and institutions. Wastewater svstem means tr eatment wor ks as defined in

section 21 2 of the Act, which is owned or oper ated bv the Citv. or oper ated under contr act with the Citv, including any facilities involved in r ecycling w a s tew a ter to standar ds suitable for ir r igation or potable r euse. and anv facilities gener ating r enewable ener gy fr om the bvpr oducts of wastewater tr eatment or disposal. Sewer pipes. pump stations, and r elated facilities ar e included onlv if thev convev w a stew a ter to or fr om a POTW tr eatment plant. -PAGE 16 OF 68-

(O-2 0 2 6-1 1 6) Division 3: Gener al Pr ovisions §64.0 30 0 1 Administr ation The City M anager shall administer , implement and enfor ce the pr ovisions of this e d a eeA r ticle. A ny power s gr anted to or duties imposed upon the City M anager may be delegated by the City M anager to per sons in the employ of the City. The City M anager shall make and enfor ce r egulations necessar y to the administr ation ofthis e di a ee. e-Ar ticle and may amend such r egulations fr om time to time as conditions r equir e.

These r egulations shall be consistent with the gener al policy established he ei - by the City Councilthis A r ticle. §660 30 P nø ies-fø Ziø a iøns P bie-Nisa ce Dischar ge ofwastewater in any manner in violation of this or dinance or of any or der issued by the City M anager as author ized by this or dinance, is h r eby declar ed a public nuisance and shall bc cor r ected or abated as dir ected by the City M anager . A ny per son cr eating such a public nuisance is guilty o f a misdemeanor .

b) i etiø W henever a dischar ge of wastewater is in violation ofthe pr ovisions of this or dinance, or othenvise causes or thr eatens to cause a condition of contamination, pollution, or nuisance, the City M anager may cause the 0 City to seek a petition to the Super ior Cour t for the issuance of a pr eliminar y or per manent injunction or both, as may be appr opr iate in r estr aining the continuance of such dischar ge. -PAGE 17 OF 68-

(O-2 0 2 6-1 1 6) 4 Costs ofDamage A ny per son ho violates any pr o ision ofthis or dinance or who has a dischar ge which caus s a deposit, obstr uction, damage, or any other impair ment to the City's facilities. shall become liable to the City for all expense, loss, or damage occasioned the City by such violation or dischar ge ) Falsifying of Infor mation A ny per son who knowingly makes any false statement, r epr esentation, r ecor d, r epor t, plan, or other document filed with the City M anager or who falsifies, tamper s with, or knowingly r ender s inaccur ate any monitor ing device or method r equir ed under this or dinance, shall be guilty of a misdemeanor . e Ter mination of Ser vice The City may r e oke any Industr ial Wastewater Dischar ge Per mit issued pur suant to M unicipal Code

Chapter 6, Ar ticle 1 , Division 5, or may ter minate or cause to be ter minated any wastewater sen ice to any pr emise if a violation of any pr ovision o f this or dinance is found to exist or if a dischar ge of wastewater causes or thr eatens to cause a condition of contamination, pollution, or nuisance. This pr o ision is in addition to other statutes or r ules author izing ter mination of ser vice for delinquency in payment.

W hen deemed necessar y by the City M anager for the C pr eser vation ofpublic health or safety or for the pr otection ofpublic or pr ivate pr oper ty, the City anager may suspend sewer ser vice to any per son using the wastewater system in a manner to endanger the public -PAGE 18 OF 68-

(O-2 0 2 6-1 1 6) health or safety, or public or pr i ate pr oper ty. In suspending ser vice, the City M anager may sever all per tinent connections to the public sewer . If such endanger ment shall be imminent, then the City M anager may act immediately to suspend sewer ser vice without notice or war ning to said T U IT7 (Ø Civil Penalties Pr ocedur es.

A ny per son who violates any pr o ision of this division or per mit condition or r equir ement or who dischar ges wastewater which causes pollution, or who violates any cease and desist or der , pr ohibition, effluent limitation, national pr etr eatment standar d, or A dministr ative O r der shall be liable civilly for a penalty not to exceed $2 , 50 0 per day per iolation. Such civil penalty shall be assessed and collected in accor dance with the pr ocedur es set for th in San Diego M unicipal Code sections 1 2.0 801 1 2 .0 81 0 . Cr iminal Penalties.

A ny per son who intentionally violates any pr ovision o f this or dinance or per mit condition or r equir ement or who dischar ges wastewater which causes pollution or who violates any cease and desist or der , pr ohibition, effluent limitation, national pr etr eatment standar d, or Administr ative O r der shall be liable, upon con iction, for a sum not to exceed $2 5, 0 0 0 per day per violation, or for impr isonment for not mor e than one year , or both. §64.0 30 2 Tim e Lim its A ny time limit pr ovided in any wr itten notice or in any pr ovision of this i i A r ticle may be extended only by a wr itten dir ective of the City M anager . -PAGE 19 OF 68- Ž

(O-2 0 2 6-1 1 6) §64.0 30 3 Inspection and Sampling A dequate identification shall be pr ovided by the City M anager for all inspector s and other author ized per sonnel and those per sons shall identify themselves when enter ing any pr oper ty for inspection pur poses or when inspecting the wor k of any contr actor . Inspection and sampling o f ever y (

a) T he C itv M anager may inspect anv pr oper tv or facility that is i ve ed dir ectly or indir ectly with the dischar ge of wastewater to the City's wastewater system may be made by the City M anager as he deems neeessa yconnected to the wastewater svstem and may sample any wastewater at the pr oper ty or facility as stated in 40 C.F.R. 40 3.8(f)(2 )(

v) and (vii). These facilities shall This_include but not be limited to dr ains, sewer s, was* ewate wastewater pumping stations, pollution contr ol plants, all industr ial pr ocesses, food establishment facilities or other facilities which dischar ge gr ease and oil at levels which cause blockages to the sewe , industr ial wastewater industr ial wastewater gener ation, conveyance and p e eatmentpr etr eatment facilities, and all similar wasewate w a stew a ter facilities. Inspections may be made to deter mine that such facilities ar e maintained and oper ated pr oper ly and ar c adequate to meet thep e isie - that no violations of this e di a ee- Ar ticle ar e occur r ing. (

b) Access to all of the above facilities or to other facilities dir ectly or indir ectly connected to the City's wastewater system shall be given to author ized per sonnel ofthe City at all r easonable times including those occasioned by emer gency conditionsdur ing nor mal business hour s. or anv time the Citv M anager r easonablv believes a violation of this Ar ticle is -PAGE 20 OF 68-

-2 0 2 6-1 1 6) occur r ing. Adequate identification shall be pr ovided by the Citv M anager for all inspector s and author ized per sonnel. and those per sons shall identify themselves when enter ing any pr oper ty for inspection pur poses or when inspecting the wor k of any contr actor . A ny per manent or tempor ar y obstr uction to easy access to the wasewa e , vastewater facility to be inspected shall pr omptly be r emoved by the facility user or owner at the wr itten or ver bal r equest of the City M anager and per manent obstr uctions shall not be r eplaced. (

c) It is unlawful to inter fer e with, delay, r esist or r efuse entr ance to an author ized City i speete - emplovee attempting to inspect any wasewate gener ation, co cyance pr oper tv or eatmeñ -facility ee eeted- dir ectly or indir ectly connected to the City's wastewater systemwastewater svstem. or attempting to sample anv wastewater at the pr oper tv or facilitv. (

d) The City, thr ough its r epr esentatives or inspector s, shall have the r ight to inspect and copy per tinent r ecor ds r elating to a per mittec's wastewater s e ge-an Industr ial U ser' s wastewater or eeee ñe - pr etr eatment oper ations including, but not limited to: O per ations & M aintenance pr ocedur es; sampling, analysis, and flow measur ement pr ocedur es, r esults and r ecor ds; inventor ies, chemical usage, mater ials sour ces, hazar dous mater ials manifests, and disposal r ecor ds; tr eatment and oper ations log books; and mater ials invoices. 0 §64.0 30 4 Recor ding of Fees and Char ges The City M anager shall keep a- pe manen a d-n accur ate account of all fees and char ges r eceived under this e linaneeA r ticle, givi g- r ecor ding the names and -PAGE 21 OF 68-

(O-2 0 2 6-1 1 6) §64.0 30 5 §64.0 30 6 addr esses o f the per soñs on whose account the fees and char ges wer e paid, the date and amount ther eof, and the pur pose for which char ges wer e paid. Estimated Quantities and Values U nless other wise pr ovided he e in this A r ticle, whenever the fees and char ges r equir ed by this e di a ee-A r ticle ar e based on estimated values or estimated quantities, the City M anager shall make such deter minations in accor dance with established estimating pr actices. Appr oval of Plans and Issuance of Per mits (

a) The City M anager will appr ove plans for wastewater is r esponsible for appr oving plans for the constr uction of wastewater facilities eenst etiø , issue a Per mit for Industr ial W astewater Dischar ge and issuing industr ial user per mits or any other per mit under this e d a ee- Ar ticle. The Citv M anager mav do so only if it appear s to the City M anager that the wa ewa e - facilities constr uction, sewer connection, i dustF i l wastewater dischar ge Dischare or other pr ocedur e confor ms to the r equir ements of this e i a eeAr ticle. (

b) The City M anager may deny or condition anv new or incr eased ®r ibutio sof st teu l t ts rçh esinthen tu eof pollutants. to- the wastewater svstem wher e such contr ibutions do not meet the applicable Pr etr eatment Standar d. Pr etr eatment Requir ement. or wher e such contr ibutions bv itself or in combination with other w a stew a ter could cause inter fer ence. pass-thr ou h. or adver sely affect the oper ation or maintenance o f the w a stew a ter svstem . -PAGE 22 OF 68- . R

(O-2 0 2 6-1 1 6) (

c) A ll r equir ed fees and char ges shall be paid befor e appr oval ofplans or issuance ofa per mit. (

d) The appr oval of plans or the issuance of a per mit shall not r elieve he d seh ge -a per son of any duty or obligation imposed p himp s t t - þthis e i a eeA r ticle.

Ç §64.0 30 7 M alicious Damage to City': F ; 9U nauthor ized Access or Damage to the Wastewater Svstem 464.030 8 464.0 30 9 A r a th F ižed- It is unlawful for any per son. without author ization fr om the Citv M anager . to enter i g, br eaking, damagingdamage, destr oying, uncover i g, defaeingdeface. or tamper i g with any str uctur e, equipment or appur tenance whieh s*pa of the City's wastewater system shall be a violation of this e dma eewastewater svstem.

Limitations on Point of Wastewater Disposal It is unlawful for any per son to intr oduce wastewater or anv substance or mater ial dir ectlv into a manhole or other opening in the w a stew a ter svstem other than thr ough an appr oved sewer connection or by obtaining a per mit issued bv the Citv Manager .

False Inform ation í It is unlawful for anv per son to intentionallv pr ovide false infor mation. or intentionall fail to pr ovide mater ial infor mation. in anv application, r epor t. plan. or other document submitted to the Citv or for anv per mit issued pur suant to this Ar ticle. íbl It is unlawful for any per son to intentionally r ender inaccur ate anv monitor ing device or method r equir ed bv a per mit issued pur suant to this -PAGE 23 OF 68-

(O-2 0 2 6-1 1 6) 464.0 31 0 A r ticle. or to intentionallv pr ovide a false or inaccur ate wastewater sample to the City Penalties for Violations í l The penalties and r emedies for violations specified in this A r ticle ar e cumulative to the penalties and r emedies set for th in

Chapter 1 . Ar ticle 2 of this Code. bl The disposal or handling of domestic wastewater or industr ial wastewater in violation of this Ar ticle is a public nuisance subject to inunction. abatement. and penalties under

Chapter 1 . Ar ticle 2 of this Code. £1 Violations of Division 5 of this A r ticle ar e not limited bv the maximum amount of civil penalties in

Section 1 2.0 80 3(dì. The amount of civil penalties that may be assessed shall be gover ned bv 40 C.F.R. 40 3.8 f (1 )(vi). £ 1 The failur e to use r eclaimed water as r equir ed by the Citv M ana er under Division 8 of this Ar ticle is a public nuisance subject to iniunction, abatement. and penalties under

Chapter 1 . Ar ticle 2 of this Code. ííllA ny per son ho violates a pr ovision of this Ar ticle which causes a deposit. obstr uction. damage. or an other impair ment to the w a s tew a te r svstem shall be liable to the Citv for all expense. loss. and damage incur r ed bv the Citv as a r esult of the violation. £ 1 W henever a wastestr eam is in violation of the pr ovisions of this A r ticle. or other wise causes or thr eatens to cause a condition of contamination, pollution. or nuisance. the Citv M anager mav cause the City to seek a petition to the Super ior Cour t for the issuance of a pr eliminar v or -PAGE 24 OF 68-

(O-2 0 2 6-1 1 6) per manent injunction or both. as maybe appr opr iate in r estr aining the continuance of such Dischare. The Citv M anager mav ter minate wastewater ser vice to anv pr oper tv wher e w a stew a ter is disposed or handled in violation of this A r ticle or in a manner that thr eatens the envir onment. the health. safety. or welfar e of the public. or the oper ation of the wastewater system. The City M anager mav ter minate wastewater ser vice bv sever ing or blocking connections between the pr oper ty and the wastewater svstem. and by ter minating water ser vice as allowed under

Chapter 6. A r ticle 7 of this Code. £:1 The City M anager shall pr ovide pr ior wr itten notice to the customer that wastewater ser vice is being ter minated and pr ovide an oppor tunitv to contest the ter mination at a hear ing under

Chapter 1 . Ar ticle 2 . Division 4 of this Code. The Citv M anager shall also send a notice to the pr oper t owner if the pr oper t owner is not the same per son as the customer and allow the pr oper tv owner to contest the ter mination at the hear ing. 1 The Citv M anager mav immediately ter minate wastewater ser vice upon wr itten notice if the dischar ge of wastewater pr esents an imminent danger to the envir onment. the health. safety, or welfar e of the public. or the oper ation o f the w a stew a ter svstem . Such an immediate ter mination of w a stew a ter ser vice shall r emain in effect 0 at least until the conclusion of a hear ing under

Chapter 1 , A r ticle 2 , Division 4 of this Code. -PAGE 25 OF 68-

(O-2 0 2 6-1 1 6) §64.0 50 0 £ The City M anager shall r eestablish w a stew a ter ser vice upon the final decision of a hear ing officer that a violation of this A r ticle did not occur and that the disposal of wastewater fr om the pr oper tv did not thr eaten the envir onment. the health, safet . or welfar e of the public. or the oper ation of the wastewater svstem. 1 1 The Cit M anager mav r eestablish wastewater ser vice if the Citv M anager deter mines that the r eason for the ter mination no longer exists and is not likely to r eoccur .

Division 5: Industr ial Wastewater Waste Disposal Per mit Requir r pplication to Industr ial Wastewater Contr ol Pr ogr am A ny per son, municipality, sanitation distr ict, or gover nmental agency desir ing to dispose -industr ial wastewater into ap ie sewer , which may inter fer e with the oper ation and maintenance of the sewer system or with the wastewater tr eatment facilities, shall obtain a per mit to dischar ge wastes into the system fr om the City M anager known as a Per mit for Industr ial W astewater Dischar gethe w a stew a ter svstem . or to incr ease an existing Dischare. or to conduct an industr ial pr ocess that is potentiall r egulated under a Pr etr eatment Standar d shall submit an application to the City on a for m pr escr ibed bv the Citv M anager . - These wastes will include all wastewater dischar ges which ar c r equir ed to be r egulated by feder al laws or r egulations, State of Califor nia mandates, or eea e di anee .

The application shall include. in units and ter ms appr opr iate for evaluation: -PAGE 26 OF 68-

(O-2 0 2 6-1 1 6) £1 the name. addr ess. a d standar d industr ial classification number of the applicant: G D the volume o f wastewater to be disposed. including infor mation demonstr ating the capacitv fees for the volume of w a s tew a ter have been or will be paid to the City: 3 ) tlíe wastewater constituents and char acter istics. including those listed in

section 64.051 0. as deter mined and measur ed bv a labor ator v appr oved by the City; £ 1 the times of dav and dur ation of the w a s tew a ter disposal to the wa stew a ter svstem: í l the aver age and thir t -minute peak wastewa ter f ow r ates, including dailv. monthlv. and seasonal var iations. if anv: ál a descr iption of activities. facilities. and industr ial pr ocesses on the pr emises. including all mater ials that ar e or could be disposed of or tr anspor ted to the w a s tew a te r svstem: and any other infor mation deter mined bv the Citv M anager to be necessar v to evaluate the application.

The Citv Manager mav r equir e an applicant to pr ovide additional infor mation and mav inspect an applicant's tr eatment svstems. plumbing lavout. and other pr ocesses necessar v to evaluate an application. If the Citv M anager deter mines that a pr oposed disposal of industr ial wastewater . by itself or in combination with other w a stew a ter. could not c a u s e inter fer ence. pass-thr ou h. or adver sely affect the oper ation or maintenance of the wastewater svstem. the Citv Manager mav appr ove the -PAGE 27 OF 68-

(O-2 0 2 6-1 1 6) §64.0 501 application without issuing an industr ial user per mit or dischare author ization, 1 1 The Citv M anager mav r equir e Industr ial U ser s to submit applications under

section 64.0 50 0 if the Citv Manager deter mines it is necessar to pr event inter f r ence. pass-thr ou h. or to pr event an adver se effect to the oper ation or maintenance o f the wastewater system. £ 1 The City M anager may deny an application or condition a per mit if the capacit fees for the volume of wastewa ter pr oposed for disposal to the w a stew a ter svstem have not been paid. £0 Unless appr oved under

section 64.0 50 2 . it is unlawful for anv p erson municipalitv. sanitation distr ict. or over nmental agenc to dispose of industr ial wastewater i to the wastewater svstem without an industr ial user per mit. a dischar ge author ization. or an appr oved applicatiòn as r equir ed bv this Division. P i fØF Industr ial W tewate - iseh eUser Per mit The Per mit for Industr ial Wastewater Dischar ge or Dischar ge A uthor ization shall r equir e compliance with applicable N ational Pr etr eatment Standar ds and r equir ements, State dischar ge r equir ements, and local limits and r equir ements.

It may also r equir e pr etr eatment of industr ial wastewater s befor e dischar ge, r estr iction ofpeak flow dischar ges, dischar ge of cer tain wastewater s only to specified sewer s of the City, r elocation ofpoint of dischar ge, pr ohibition of dischar ge of cer tain wastewater components, r estr iction of dischar ge to cer tain hour s of the day, payment o f additional char ges to defr ay incr eased costs o f the City cr eated by the wastewater dischar ge, and such other conditions as may be -PAGE 28 OF 68- ·Z e · .

(O-2 0 2 6-1 1 6) r equir ed to effectuate the pur pose ofthis or dinance. It is unlawful to dischar ge industr ial wastewater s in excess of the quantity or quality limitations set by the Per mit for Industr ial Wastewater Dischar ge or Dischar ge A uthor ization.

A ny per son desir ing to dischar ge wastewater s or use facilities which ar e not in confor mance with the Industr ial W astewater D ischar ge Per mit or Dischar ge A uthor ization shall apply to the City M anager for an amended Per mit or Author ization. íål A per mit is r equir ed for disposal of industr ial wastewater into the wastewater svstem if the disposal. bv itself or in combination with other w a stew a ter. could cause pass-thr ou h. inter fer ence. or adver selv affect the oper ation or maintenance of the w a stew a ter svstem or have an industr ial pr ocess that is potentiallv r egulated under a Pr etr eatment Standar d. 0 2 1 A ll industr ial user per mits shall include or r equir e: £1 the date the per mit is effective: 2 1 the date the per mit expir es: 1 a statement that the per mit mav not be sold. tr ansfer r ed or assigned: íál best mana ement pr actices and effluent limits based on feder al. state. and local r equir ements: íãl self-monitor ing. sampling. r epor ting. notification. and r ecor d r etention r equir ements. in accor dance with 40 C.F.R. 0 40 3.8 f)(1 )(iii)(B) 4) and this Division: and íál a statement of applicable civil and cr iminal penalties for violations. ž Industr ial user per mits ma also r equir e: -PAGE 29 OF 68-

(O-2 0 2 6-1 1 6) ll pr etr eatment of industr ial wastewate