§ 15.20.120. Stormwater discharges associated with industrial activity.

A.

All operators of facilities which are sources of stormwater discharges associated with industrial activity, other than construction activities covered by Section 15.20.110, shall comply with the following requirements:

1.

Any operator who intends to obtain coverage for stormwater discharge associated with industrial activity under the NPDES general permit for stormwater discharges associated with industrial activity ("the industrial general permit") shall submit a signed copy of its notice of intent (NOI) to the city at least two days prior to the commencement of the industrial activity at the facility. If industrial activity is already underway upon the effective date of the ordinance codified in this chapter, the NOI shall be submitted within thirty days from the effective date of said ordinance. Where the operator of a facility with a stormwater discharge associated with industrial activity which is covered by the industrial general permit changes, the new operator of the facility shall submit an NOI at least two days prior to the change.

2.

A storm drain pollution control plan (SDPCP) shall be prepared and implemented in accordance with the requirements of the industrial general permit or any individual or group NPDES permit issued for stormwater discharge from the industrial facility, and with any additional requirement imposed by or under this chapter, and any other city ordinance.

3.

The SDPCP shall be signed, and sealed by a registered professional engineer.

4.

The SDPCP shall be completed prior to the submittal of the NOI to the city and, for a new industrial operation, prior to the commencement of the industrial activity at the facility. The SDPCP shall be updated and modified as appropriate and as required by the industrial general permit and this chapter. Any update or modification to the SDPCP shall be signed, and sealed by a registered professional engineer.

5.

A copy of any NOI that is required by subsection (A)(1) of this section shall be submitted to the city in conjunction with any application for a permit or any other city approval necessary to commence or continue operation of the industrial facility.

6.

An operator shall submit the SDPCP and any modifications thereto, to the city for review and approval prior to the commencement of any industrial activity at the facility.

7.

Upon the city's review of the SDPCP and any site inspection that the stormwater administrator may conduct, the city may deny approval of any application for a permit or any other city approval necessary to commence or continue operation of the facility, on the grounds that the SDPCP does not comply with the requirements of the industrial general permit, any individual or group NPDES permit issued for stormwater discharges from the industrial facility, or any additional requirement imposed by or under this chapter. Also, if at any time the city determines that the SDPCP is not being fully implemented, the city may similarly deny approval of any application for a permit or other city approval necessary to commence or continue operation of the industrial facility.

8.

Any modification to the SDPCP shall be signed, and sealed by a registered professional engineer, as required for the original SDPCP by subsection (A)(3) of this section.

9.

The SDPCP with the registered professional engineer's signature and seal affixed, and with any modifications attached, shall be retained at the industrial facility from the date of commencement of operations until all stormwater discharges associated with industrial activity at the facility are eliminated and the required notice of termination (NOT) has been submitted.

10.

The operator shall make the SDPCP and any modification thereto available to the city upon request.

11.

The city may notify the operator at any time that the SDPCP does not meet the requirements of the industrial general permit, any applicable individual or group NPDES permit issued for stormwater discharges from the industrial facility, or any additional requirement imposed by or under this chapter. Such notification shall identify those provisions of the permit or chapter which are not being met by the SDPCP, and identify which provisions of the SDPCP require modifications in order to meet such requirements. Within thirty days of such notification, the operator shall make the required changes to the SDPCP and shall resubmit the SDPCP for review and approval.

12.

The operator shall amend the SDPCP whenever there is a change in design, construction, operation, or maintenance of the site, which has a significant effect on the potential for the discharge of pollutants to the MS4 or to the waters of the United States, or if the SDPCP proves to be ineffective in eliminating or significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in stormwater discharges associated with industrial activity.

13.

Qualified personnel (provided by the operator) shall inspect equipment an areas of the facility specified in the SDPCP at appropriate intervals. A set of tracking or follow-up procedures shall be used to ensure that appropriate actions are taken in response to the inspections. Records of inspection shall be maintained.

14.

Qualified personnel (provided by the operator) shall conduct comprehensive site compliance evaluations as required by Part IV.D.4 of the industrial general permit or by any part of a group or individual permit at intervals of no less than once per year. Based on the results of the compliance evaluation, the description of potential pollutant sources and the pollution prevention measures and controls identified in the SDPCP shall be revised as appropriate within two weeks of such evaluation and shall provide for implementation of any changes to the SDPCP in a timely manner, but in no case more than twelve weeks after the compliance evaluation.

15.

A report summarizing the scope of the comprehensive site compliance evaluation required by subsection (A)(14) of this section and shall contain: personnel making the compliance inspection, the date(s) of the inspection, major observations relating to the implementation of the SDPCP, and actions taken in accordance with necessary and appropriate plan revisions shall be made and retained as part of the SDPCP for at least three years after all stormwater discharges from the facility are eliminated and the required NOT has been submitted. The report shall identify any incidence of noncompliance; or, if the report does not identify any incidence of noncompliance, the report shall contain a certification that the facility is in compliance with the SDPCP, the applicable NPDES permit, and this chapter. The report shall be signed by the individual responsible for the comprehensive site compliance evaluation, and it shall be submitted to the city within ten days of its completion.

16.

If the industrial facility is required by Part VI.B.2 of the industrial general permit or by any part of a group or individual permit to conduct semiannual monitoring, a signed copy of each semi-annual monitoring report prepared in accordance with Part VI.D. shall be submitted to the city.

17.

If the industrial facility is required by Part VI.B.3 of the industrial general permit or by any part of a group or individual permit to conduct annual monitoring, records of the monitoring results shall be retained at the facility and made available to the city upon written request. If expressly required by the city, a written report of the annual monitoring shall be prepared and submitted to the city.

18.

By written notice, the city may require any industrial facility identified in accordance with this section to implement a monitoring program that includes the submission of quantitative data on the following constituents: any pollutants limited in effluent guidelines subcategories, where applicable; any pollutant listed in an existing NPDES permit for the facility; oil and grease, COD, pH, BODs, TSS, total phosphorus, total Kjeldahi nitrogen, nitrate plus nitrite nitrogen, and any information on discharges required under 40 CFR 122.21 (g) (7) (iii) and (iv). The city may require written reports of any such monitoring to be submitted.

19.

By written notice, the city may require any industrial facility identified in this section to conduct semiannual or annual monitoring of stormwater discharges, or the city may specify an alternative monitoring frequency and specify additional parameters to be analyzed. The city may require written reports of any such additional monitoring to be submitted.

20.

The operator shall retain the SDPCP until at least one year after stormwater discharges associated with industrial activity at the facility are eliminated, or that operator is no longer operating the facility, and a notice of termination (NOT) in compliance with subsection (A)(23) of this section has been submitted. The operator shall retain all records of all monitoring information, copies of all required reports, and records of all data used to complete the NOI, until:

i.

At least one year after all stormwater discharges associated with industrial activity at the facility are eliminated;

ii.

The operator ceases to operate that facility, and the required notice of termination (NOT) has been submitted; or

iii.

Six years from the date the record was produced or prepared, whichever event occurs first.

21.

For discharges subject to the semiannual or annual monitoring requirements of Part VI.B. of the industrial general permit, in addition to the records-retention requirements of the paragraph above, operators are required to retain for a six-year period from the date of sample collection, records of all monitoring information collected. Operators must submit such monitoring results, and a summary thereof, to the city upon request.

22.

Any discharge composed of coal pile runoff shall comply with the following limitations: no discharge shall exceed a maximum concentration for any time of fifty mg/l total suspended solids, nor shall such runoff be diluted with stormwater or other flows in order to meet this limitation; the pH of such discharges shall be within the range of 6.0 to 9.0. Any untreated overflow from facilities designed, constructed, and operated to treat the volume of coal pile runoff which is associated with a ten-year, twenty-four-hour rainfall event shall not be subject to the fifty mg/l limitation for total suspended solids.

23.

Where all stormwater discharges associated with industrial activity that are authorized by this chapter, and by the NPDES permit for those discharges from industrial activities are eliminated, or where the operator of stormwater discharges associated with industrial activity at a facility changes, the operator of the facility shall submit to the city a notice of termination (NOT) that includes the information required for notices of termination by Part IX of the industrial general permit.

B.

All operators of a facility with stormwater discharge associated with industrial activity not included in subsection A of this section, shall comply with all the requirements listed in subsection A of this section but with the following modifications:

1.

The SDPCP shall be prepared and signed by a responsible corporate officer (as defined in the instructions for the NOI) or by such other person who is authorized to bind the operator. The signature shall constitute the attestation of the person signing and the operator that the SDPCP fully complies with the requirements of the industrial general permit, or with any individual or group NPDES permit issued for stormwater discharges from the industrial facility, and with any additional requirement imposed by or under this chapter. The SDPCP shall contain the name, title and business address of the person signing the SDPCP, and the date that the SDPCP was so signed.

2.

Any significant modification to the SDPCP shall be prepared and signed by a person with authority to bind the operator.

3.

The SDPCP, with the authorized signature, and with any modifications attached, shall be retained at the industrial facility from the date of commencement of operations until all stormwater discharges associated with the industrial activity at the facility are eliminated and the required NOT has been submitted.

It is an offense for any person required to possess a stormwater permit issued by the EPA to discharge stormwater to the MS4 unless the person possesses such stormwater permit and the stormwater permit is valid and current. No person required to possess a SDPCP by this chapter shall discharge stormwater to the MS4 unless the person possesses a valid and current SDPCP.

(Ord. 13477 § 1 (part), 1998)