Objectives:
Proposed
Ordinance
Section
Proposed Ordinance Section Title Existing Ordinance
Section(s)
Model
Ordinance
Section(s)
Federal
Requirement(s) - 40
CFR Section(s)
Proposed Ordinance Revision(s)
16.09.005 Purpose and Applicability 16.09.005 1.1
Not federally
required to be in
ordinance.
Minor text clarifications to better align with EPA Model Pretreatment Ordinance.
16.09.010 Abbreviations Not in existing
ordinance. 1.3
Not federally
required to be in
ordinance.
New section added per EPA Model Pretreatment Ordinance to aid in reading SUO.
16.09.015 Definitions 16.09.010 1.4 403.3, 403.12, &
403.8
Revised per EPA Model Pretreatment Ordinance and reformatted to make future revisions easier.
Consolidated definitions that were throughout the SUO into this section.
Removed definitions for average concentration, cesspool, contaminated groundwater, contaminated water, County, enforcement response plan, exceptional waste, grease, loading dock, metal fabrication facility, plant, point of discharge, root control chemicals, sanitary sewer overflow, secondary containment, seepage pit, sewage treatment plant, significant noncompliance, storm drains, unpolluted water, and wet sanding.
Added definitions for Clean Water Act, composite sample, dental amalgam, dental discharger, detection limit, discharge permit, existing source, fixer solution, grab sample, industrial user, instantaneous limit, local limit, multiple-family use, POTW, reasonable control measures, and zinc-containing floor finishes.
Replaced categorical discharger with categorical industrial user, definition remained the same.
Replaced superintendent definition with director and redefined as City's Director of Public Works (or designee) instead of RWQCP Plant Manager (or designee).
16.09.020 Responsibility of the Director 16.09.015 1.2
Not federally
required to be in
ordinance.
Allows Director to delegate powers and duties to City employees
16.09.025 Confidentiality 16.09.020 8 403.14 Minor text clarifications to align with EPA Model Pretreatment Ordinance and Public Information Request Act.
16.09.030 Alternate Materials and Methods 16.09.025
Not in
Model
Ordinance
Not federally
required to be in
ordinance.
Minor text clarifications including the switch of Chief Building Official to Director.
PAMC PROPOSED CHAPTER 16.09 CHANGES - SEWER USE ORDINANCE 1) Remove hauled liquid waste requirements (16.09.070) from the City 's Sewer Use Ordinance (SUO) contained in Chapter 16.09 of the Palo Alto Municipal Code (PAMC), and house those requirements in a new Hauled Liquid Waste Ordinance contained in PAMC Chapter 16.66.
2) Remove stormwater requirements (16.09.165, 16.09.170, & references throughout) from the City's SUO and house those in a revised Stormwater Ordinance contained in PAMC Chapter 16.11. 3) Remove fats, oils, and grease (FOG) requirements for food establishments (16.09.075) from the City's SUO and house those in a FOG Ordinance contained in PAMC Chapter 16.13. 4) Incorporate required changes identified during the State Water Resources Control Board 2022 Audit of the City's Pretreatment Program. 5) Incorporate recommendations of the 2007 EPA Model Pretreatment Ordinance (Model Ordinance). 6) Clarify, consolidate, and reorganize text. Including removal of specific sections outlining BMPs, limits, and permit requirements for vehicle service facilities (16.09.225), photographic processing (16.09.215), and machine shops (16.09.230) as they fall under proposed sections that capture those requirements for all industrial users. 1 of 5
Proposed
Ordinance
Section
Proposed Ordinance Section Title Existing Ordinance
Section(s)
Model
Ordinance
Section(s)
Federal
Requirement(s) - 40
CFR Section(s)
Proposed Ordinance Revision(s)
16.09.035 Limitations on Point of Discharge 16.09.030
Not in
Model
Ordinance
Not federally
required to be in
ordinance.
Minor text clarifications including specifying exception under Exceptional Waste Discharge Permit.
16.09.040 Prohibited Discharge Standards
16.09.035,
16.09.040(f)-(i), (k)-
(p), 16.09.200, &
16.09.215
2.1 403.5(a)-(b) &
403.12(p)
Revised per EPA Model Pretreatment Ordinance ((a) and (b)(1) - (b)(8) are required by federal requirement, (b)(9) - (b)(19) are optional).
Moved prohibitions of zinc-containing floor finish and fixer solutions from previous SUO Sections 16.09.200 and 16.09.215 respectively into this section.
16.09.045 National Categorical Pretreatment
Standards
16.09.130 2.2 403.8(f)(1)(ii) Revised per EPA Model Pretreatment Ordinance.
Added ability to use alternative limits (i.e., combined wastestream formula) when applicable.
16.09.050 Standards for Other Wastes 16.09.060
Not in
Model
Ordinance
Not federally
required to be in
ordinance.
Minor text clarifications.
16.09.055 Local Limits 16.09.040,
16.09.045 2.4 403.5(c)-(d)
Revised per EPA Model Pretreatment Ordinance, including moving some text out of this section (e.g., dilution, pH prohibition, records of hazardous waste disposal, etc.) and into more relevant sections.
No changes to the numerical limits.
Removed organic solvent limit as it is covered under total toxic organics and single toxic organic limits.
Consolidated limits that were throughout the SUO into this section.
Clarified type of samples limits apply to.
Added subset sampling for compliance with TTO limit based on pollutants reasonably expected to be present.
16.09.060 City's Right of Revision Not in existing
ordinance. 2.5
Not federally
required to be in
ordinance.
New section added per EPA Model Pretreatment Ordinance.
Allows City to establish more stringent requirements on a permit-by-permit basis as needed to comply with purpose of SUO.
16.09.065 Dilution
16.09.040(a) &
16.09.115 2.6 403.6(d) Revised per EPA Model Pretreatment Ordinance.
Consolidated associated text out of other sections and into this one.
16.09.070 Unpolluted Water 16.09.055 2.1B(12)
Not federally
required to be in
ordinance.
Moved text regarding cooling water into relevant section on cooling system requirements (Section 16.09.175)
16.09.075 Discharge Permit Required 16.09.080
4.2, 4.4,
4.6, 5.1, &
5.2 403.8(f)(1)(iii)-(iv)
Revised per EPA Model Pretreatment Ordinance.
Added general discharge permits as alternative to individual discharge permits when applicable.
Moved text regarding changes in discharge quantity and quality to separate section on reporting those changes (Section
16.09.130).
Moved text regarding decline to issue or reissue into permit application section (Section 16.09.085).
Moved text for exceptional waste discharge permits into separate section (Section 16.09.180)
16.09.080 Discharge Permit Application
Procedure 16.09.085 4.5, 4.7,
4.8, 5.3 403.8(f)(1)(i)
Revised per EPA Model Pretreatment Ordinance.
Changed required file date of application from 60 to 90 days prior to discharge to be consistent with federal regulation (40 CFR 403.12(b)).
Replaced text on application approval with text on application denial.
Clarified current City practices.
2 of 5
Proposed
Ordinance
Section
Proposed Ordinance Section Title Existing Ordinance
Section(s)
Model
Ordinance
Section(s)
Federal
Requirement(s) - 40
CFR Section(s)
Proposed Ordinance Revision(s)
16.09.085 Discharge Permit Modification 16.09.095 5.4 403.8(f)(1)(i) Revised per EPA Model Pretreatment Ordinance.
Moved revocation and suspension text to enforcement section (Section 16.09.200)
16.09.090 Inspection and Sampling 16.09.110 &
16.09.105 7.1 & 7.2
403.8(f)(1)(v),
(f)(2)(v), (f)(2)(vii), &
403.12(o)(2)
Revised per EPA Model Pretreatment Ordinance.
Consolidated associated text out of other sections and into this one.
Added provision to allow Director to seek search warrants when denied access.
Added provision requiring dischargers with security personnel to make appropriate accomodations.
Added provision granting Director authority to set up sampling equipment on discharger premises.
16.09.095 Self-Monitoring 16.09.120 6.4, 6.10,
6.11, & 7.1
403.8(f)(1)(iv) &
403.12(g)
Revised per EPA Model Pretreatment Ordinance.
Added provision for monitoring facilities to be maintained.
Clarified use of different types of sampling and minimum samples needed for baseline and 90-day compliance reports.
Removed TOMP requirements but maintained ability to sample for subset of toxics reasonably expected to be present in discharge.
No changes to pH and flow calibration frequencies.
16.09.100 Monitoring Waiver
Not in existing
ordinance.
6.4B 403.8(f)(1)(iii)(B)(4)
& 403.12(e)(2)
New section added per EPA Model Pretreatment Ordinance.
Allows reduced monitoring for industrial user when applicable.
16.09.105 Pretreatment Facilities 16.09.040(o)(1) &
16.09.125 3.1
Not federally
required to be in
ordinance.
Revised per EPA Model Pretreatment Ordinance.
Added provision requiring necessary pretreatment facilities be operated and maintained at industrial user's expense.
Added details for common pretreatment faciliites.
Added authority of Director to restrict IU flow and/or require installation of equalization equipment.
Added cross-reference to new PAMC Chapter 16.13 on Fats, Oils, and Grease
16.09.110 Personnel Orientation 16.09.185
Not in
Model
Ordinance
Not federally
required to be in
ordinance.
Minor text clarifications and moved location of section
16.09.115 Accidental Discharge Prevention 16.09.190 3.3 Not federally
required to be in
ordinance.
Minor text clarifications and moved location of section Added provision allowing Director to require industrial user to develop, submit, and implement slug control plan when applicable.
16.09.120 Reporting and Certification
Requirements for Industrial Users 16.09.135 4.7, 6.4, &
6.14 403.3(v)(2),
403.6(a)(2)(ii), &
403.12(b)-(e), (h),
(l), (g)(6)
Added provision subjecting all industrial users to reporting and certification requirements of federal regulation (40 CFR 403.12). Simplified text by referring to federal regulation.
Added provision for non-significant categorical industrial user.
Added provision for electronic reporting requirements.
16.09.125 Reports from Unpermitted Users Not in existing ordinance. 6.7
Not federally
required to be in
ordinance.
New section added per EPA Model Pretreatment Ordinance.
Requires reports from unpermitted dischargers when deemed necessary.
16.09.130 Reports of Changed Conditions and
Final Closure
16.09.110(d),
16.09.125, &
16.09.140(d)-(e)
6.5 403.8(f)(2)(vi) &
403.12(j)
Revised per EPA Model Pretreatment Ordinance.
Consolidated associated text out of other sections and into this new section.
Replaced 5-day reporting requirement to 30-day advance notice of any changes that may affect wastewater. 3 of 5
Proposed
Ordinance
Section
Proposed Ordinance Section Title Existing Ordinance
Section(s)
Model
Ordinance
Section(s)
Federal
Requirement(s) - 40
CFR Section(s)
Proposed Ordinance Revision(s)
16.09.135 Reports of Potential Problems and
Accidental Discharges 16.09.140(c) 6.6 403.12(f) & (p), 403.8(f)(2)(vi)
Revised per EPA Model Pretreatment Ordinance.
No change to 5-day reporting requirement.
Updated and clarified current reporting procedures.
16.09.140 Reports of Noncompliance 16.09.140 6.8 403.12(g)(2) Revised per EPA Model Pretreatment Ordinance.
Consolidated associated text out of other sections and into this new section.
16.09.145 Falsification of Information 16.09.150 11.3
Not federally
required to be in
ordinance.
Minor text clarifications including addition of regulatory citations.
16.09.150 Date of Receipt of Reports 16.09.155 6.12
Not federally
required to be in
ordinance.
No significant changes.
16.09.155 Retention of Records 16.09.040(j) &
16.09.160 6.13 403.12(o)
Revised per EPA Model Pretreatment Ordinance.
No change to length of record retention (3 years).
Added text for application of provision to electronic records.
16.09.160 Requirements for Sinks and Drains 16.09.175 &
16.09.185
Not in
Model
Ordinance
Not federally
required to be in
ordinance.
Removed stormwater requirements.
Consolidated associated text out of other sections and into this one.
Expanded restriction of materials stored above sinks to apply to all chemicals, not just hazardous materials.
16.09.165
Requirements for Newly
Constructed, Remodeled, Improved,
or Converted Commercial and
Industrial Facilities
16.09.180
Not in
Model
Ordinance
Not federally
required to be in
ordinance.
Removed stormwater requirements.
Moved requirements for multiple-family use residential properties to new dedicated section (16.09.170).
Moved fire sprinkler flush testing to exceptional waste discharge section (Section 16.09.180).
16.09.170
Requirements for Newly
Constructed, Remodeled, Improved,
or Converted Multiple-Family Use
Residential Properties
16.09.180
Not in
Model
Ordinance
Not federally
required to be in
ordinance.
New section added to separate requirements from commercial and industrial facilities for clarity.
No significant changes from current requirements.
16.09.175
Requirements for Cooling Systems,
Pools, Spas, Fountains, Boilers, and
Heat Exchangers
16.09.205
Not in
Model
Ordinance
Not federally
required to be in
ordinance.
Removed stormwater requirements.
Consolidated associated text out of other sections and into this one.
Moved text for limits to local limits section (Section 16.09.055).
16.09.180 Requirements for Exceptional Waste
16.09.045(c),
16.09.080(b)-(c), &
16.09.180(b)(13)
Not in
Model
Ordinance
Not federally
required to be in
ordinance.
New section added for clarity.
Consolidated associated text out of other sections and into this one.
Added provision to discharge pools smaller than 20,000 gallons without discharge permit.
16.09.185 Root and Pest Control Chemical Use 16.09.210
Not in
Model
Ordinance
Not federally
required to be in
ordinance.
Removed stormwater requirements.
Minor text clarifications to reflect current City practices.
Added provision restricting use of copper sulfate.
16.09.190 Requirements for Dental Facilities 16.09.220
Not in
Model
Ordinance
441
Moved definitions into definitions section (Section 16.09.015).
Moved alternative copper limit to local limits section (Section 16.09.055) Changed frequency of reporting from annual to as established by the Director.
Added details to reflect that waste management practices are BMPs and updated BMPs. 4 of 5
Proposed
Ordinance
Section
Proposed Ordinance Section Title Existing Ordinance
Section(s)
Model
Ordinance
Section(s)
Federal
Requirement(s) - 40
CFR Section(s)
Proposed Ordinance Revision(s)
16.09.195 Publication of Users in Significant
Noncompliance 16.09.235 9 403.8(f)(2)(viii) Revised per EPA Model Pretreatment Ordinance.
Added all regulatory text defining the different ways to be in significant noncompliance.
16.09.200 Enforcement and Penalties
16.09.095,
16.09.100, &
16.09.245-285
10.1,
10.4-10.8,
& 11.1-11.4
403.8(f)(1)(iv) & (vi)
Consolidated all enforcement sections.
Minor text clarifications to reflect current City practices.
Revised civil penalties to remove text covered by PAMC Chapters 1.08, 1.12 and 1.16.
Added new subsection on injunctive relief per EPA Model Pretreatment Ordinance.
Updated authorized employee positions to exercise authority under CA Penal Code section 836.5 to reflect current City organization.
16.09.205 Permit Denial, Modification,
Suspension, or Revocation Hearing 16.09.100
Not in
Model
Ordinance
Not federally
required to be in
ordinance.
Minor text clarifications to reflect current City procedures and clarify exemptions.
No change to length of notice of intent to deny, modify, suspend, or revoke permit (10 days).
16.09.210 Affirmative Defenses to Discharge
Violations: Upset
Not in existing
ordinance. 13.1
Not federally
required to be in
ordinance.
New section added per EPA Model Pretreatment Ordinance.
Clarifies requirements for affirmative defenses to upsets.
16.09.215
Affirmative Defenses to Discharge
Violations: Prohibited Discharge
Standards
Not in existing
ordinance. 13.2
Not federally
required to be in
ordinance.
New section added per EPA Model Pretreatment Ordinance.
Clarifies requirements for affirmative defenses to prohibited discharge standards.
16.09.220 Affirmative Defenses to Discharge
Violations: Bypass
Not in existing
ordinance. 13.3
Not federally
required to be in
ordinance.
New section added per EPA Model Pretreatment Ordinance.
Clarified requirements for affirmative defenses to bypasses.
16.09.225 Pretreatment Charges and Fees Not in existing ordinance. 15.1
Not federally
required to be in
ordinance.
New section added per EPA Model Pretreatment Ordinance.
Captures current City practices for adoption of reasonable fees for reimbursement of costs.
16.09.230 Obstruction, Damage or Impairment
to POTW 16.09.275
Not in
Model
Ordinance
Not federally
required to be in
ordinance.
Minor text clarifications.
5 of 5
Objectives:
Proposed
Ordinance
Section
Proposed Ordinance Section Title Existing Code Section(s) Proposed Ordinance Revision(s) Stormwater Regulations Reference (if applicable)
16.11.010 Purpose and Intent 16.11.010 Minor changes to clarify focus of chapter requirements and provide background of regulatory requirements. Stormwater Regs Section 1: Purpose and Intent
16.11.020 Definitions 16.11.020 Added and deleted definitions for clarification. Stormwater Regs Section 5: Definitions and Acronyms
16.11.030 Administration 16.09.015 Minor changes to ensure code consistency. Stormwater Regs Section 1: Purpose and Intent
16.11.040 General Obligation Not in current code. New language to establish responsibility for compliance. N/A
16.11.050 Conflicts with Other Laws Not in current code. New language to alleviate conflicts with other laws. N/A
16.11.060 Alternate Means and Methods 16.09.025 Minor changes to clarify focus of chapter requirements. Stormwater Regs Section 3: Alternate Means and Methods
16.11.070
through
16.11.100
Prohibited Discharges, Discharge Exemptions,
Conditionally Exempt Discharges, Prohibition of
Illicit Connections
16.09.165 Expanded and revised to meet requirements of MRP and align with City practices.
Stormwater Regs Section 8 (Prohibited Discharges), 9 (Discharge Exemptions), 10 (Conditionally Exempt Discharges), and 14 (A) (Illicit Discharge Detection and Elimination and Illicit Connections)
16.11.110 Authority to Inspect 16.11.040 Expanded and revised to meet requirerments of MRP and align with City practices. Stormwater Regs Section 6: Inspection Authority and Types of Required Inspections
16.11.120 Enforcement and Penalties
16.09.240, 16.09.245, 16.09.250,
16.09.255, 16.09.260, 16.09.265,
16.09.270, and 16.11.060
Revised to be consistent requirements of the MRP and City's Enforcement Response Plan and to align with City practices. Stormwater Regs Section 7: Required Corrective Actions
16.11.130 Fees and Charges 16.11.070 Minor changes to clarify focus of chapter requirements. Stormwater Regs Section 4: Fees and Charges
16.11.140 Obstruction, Damage or Impairment to City Storm Drain System and Rights-of-Way
16.09.005 Clarifies responsibilities of dischargers in the case of obstruction, damage, or impairment. Stormwater Regs Section 11: Obstrucon, Damage or Impairment to City Storm Drain System and Right-of-Way
16.11.150 Regulated Projects 16.11.030 (a)
Clarifies and expands requirements to align with requirements of the MRP for regulated projects, including new development, redevelopment, new or widening road projects, road reconstruction, utility trenching projects, and large detached single-family home projects.
Stormwater Regs Section 12 (A): Development Project Requirements (Regulated Projects)
16.11.160 Source Control Measures for Regulated Projects 16.11.030 (c) Aligned with requirements of the MRP. Stormwater Regs Section 12 (B): Development Project Requirements (Source Control Measures for Regulated Projects)
16.11.170 Site Design Measures for Regulated Projects 16.11.030 (c) Aligned with requirements of the MRP. Stormwater Regs Section 12 (C): Development Project Requirements (Site Design Measures for Regulated Projects)
16.11.180 Stormwater Treatment Measures for Regulated
Projects
16.11.030 (c) and (d) and
16.11.034 Expanded and revised to meet requirements of MRP and align with City practices. Stormwater Regs Section 12 (D): Development Project Requirements (LID Stormwater Treatment Measures for Regulated Projects)
16.11.190 Certification of Compliance for Regulated Projects 16.11.030 (f) Expanded and revised to meet requirements of MRP and align with City practices. Stormwater Regs Section 12 (H): Development Project Requirements (Certification of Compliance for Regulated Projects)
16.11.200 Green Infrastructure Design and Construction
Requirements Not in current code. Addition to align with City practices. Stormwater Regs Section 12(I): Development Project Requirements (Green Infrastructure Design and Construcon Requirements)
16.11.210
Required Hydromodification Management
Measures for Regulated Projects 16.11.031 Aligned with requirements of the MRP. Stormwater Regs Section 12 (J): Development Project Requirements (Required Hydromodificaon Management Measures for Regulated Projects)
16.11.220
Operation and Maintenance of Stormwater
Treatment Measures and Hydromodification
Management Measures
16.11.040 Expanded and revised to meet requirements of MRP and align with City practices.
Stormwater Regs Section 12 (K): Development Project Requirements (Operation and Maintenance of Stormwater Treatment Measures and Hydromodification Management Measures)
1) Moved and revised Storm Drain Prohibited Discharges from 16.09.165 to new sections 16.11.070 through 16.11.100. 2) Moved and revised Construction Requirements from 16.09.170 to new section 16.11.280. 3) Incorporate required changes required by the California Regional Water Quality Control Board San Francisco Bay Region, Municipal Regional Stormwater (MRP) NPDES Permit Order No. R2-2022-0018, NPDES Permit No. CAS612008 (May 11, 2022).
PROPOSED PAMC UPDATED CHAPTER 16.11 - Stormwater Pollution Prevention 1 of 2
Proposed
Ordinance
Section
Proposed Ordinance Section Title Existing Code Section(s) Proposed Ordinance Revision(s) Stormwater Regulations Reference (if applicable)
16.11.230
Low Impact Development Source Control and Site
Design Measures for Projects Other Than
“Regulated Projects”
16.11.036 Expanded and revised to meet requirements of MRP and increase use of these meaures at Non- Regulated projects.
Stormwater Regs Section 12 (L): Development Project Requirements (Low Impact Development Source Control and Site Design Measures for Projects Other Than “Regulated Projects” Under Section 16.11.160)
16.11.240 Requirements for All Development Projects 16.09.165 (f), 16.09.180 Revised and expanded to meet requirements of MRP and align with City practices.
Stormwater Regs Section 12 (M): Development Project Requirements (Requirements for All Development Projects)
16.11.250 Requirements for Loading Docks 16.09.165 (e), 16.09.175 (k), and
16.09.180 (b) Expanded and revised to meet requirements of MRP and align with City practices. Stormwater Regs Section 12 (O): Development Project Requirements (Requirements for Loading Docks)
16.11.260 Drainage Design Standards for Development
Projects Not in current code. Addition to align with City practices. Stormwater Regs Section 12 (P): Development Project Requirements (Drainage Design Standards for Development Projects)
16.11.270 Requirements for Construction Sites and Activities 16.09.170 Expanded and revised to meet requirements of MRP. Stormwater Regs Section 12 (Q): Development Project Requirements (Requirements for Construction Sites and Activities)
16.11.280
Minimum Best Management Practices for All
Dischargers
16.09.065 Expanded and revised to meet requirements of MRP and align with City practices. Stormwater Regs Section 13: Required Best Management Practices for All Dischargers
16.11.290 Spill Containment and Notification of Non-
Stormwater Discharges
16.09.175 (spill containment)
Notification for non-Stormwater
discharge not included in
previous code section for
stormwater.
Spill Containment: Expanded and revised to meet requirerments of MRP.
Notification: Addition to meet requirements of MRP.
Stormwater Regs Section 14 (B): Illicit Discharge Detection and Elimination and Illicit Connections
16.11.300 Mobile Businesses Not in current code. Addition to meet requirements of MRP and align with City practices. Stormwater Regs Section 14 (C)
16.11.310 Pesticides Toxicity Control Not in current code. Addition to meet requirements of MRP and align with City practices. Stormwater Regs Section 15: Pesticides Toxicity Control
16.11.320 Trash Load Reductions Not in current code. Addition to meet requirements of MRP and align with City practices. New requirement for development projects to install trash capture devices in private storm drain inlets. Stormwater Regs Section 16: Trash Load Reduction
16.11.330 Mercury Controls Not in current code. Addition to meet requirements of MRP. Stormwater Regs Section 17: Mercury Controls
16.11.340 and
16.11.350
Polychlorinated Biphenyls Controls and
Management of PCBs During Building Demolition
Activities
16.11.080 Minor changes to align with the MRP. Stormwater Regs Section 18: Polychlorinated Biphenyls (PCBs) Controls 2 of 2
Objectives:
Proposed
Ordinance
Section
Proposed Ordinance Section Title Existing Code Section(s) Proposed Ordinance Revision(s) FOG Regulations Reference (if applicable)
16.13.010 Purpose and Intent 16.09.005 Minor changes to clarify focus of chapter requirements. FOG Regulations Part 1: Purpose, Applicability, and Definitions
16.13.020 Definitions 16.09.010 and 16.09.075 (a)
Added, edited and deleted definitions for clarification including new definition of Food Facility to replace prior term of Food Service Establishment, to parallel the changes in the California Health and Safety Code, Part 7, California Retail Food Code. Various other definitions added.
FOG Regulations Part 1: Purpose, Applicability, and Definitions
16.13.030 Administration 16.09.015 Minor changes to ensure code consistency. FOG Regulations Part 1: Purpose, Applicability, and Definitions
16.13.040 Applicability 16.09.005 Minor changes to clarify focus of chapter requirements. FOG Regulations Part 1: Purpose, Applicability, and Definitions
16.13.050 Conflicts with Other Laws Not in current code. New language to alleviate conflicts with other laws. N/A
16.13.060 Alternate Means and Methods 16.09.025 Minor changes to clarify focus of chapter requirements. FOG Regulations Part 1: Purpose, Applicability, and Definitions
16.13.070 Retention of Records 16.09.075 (p) and 16.09.160 Minor changes for clarification, align with City practices, and ensure Code consistency. FOG Regulations Part 11: Retention of Records
16.13.080
Obstruction, Damage, or Impairment to Storm
Drain and Sanitary Sewer Treatment Systems and
Rights-of-way
16.09.275 Updated language to clarify legal authority of City to assess charges for damage to its infrastructure related to this chapter. N/A
16.13.090 Authority to Inspect 16.09.015 and 16.09.110 Updated language to clarify legal authority of the City to inspect and to enforce the Municipal Regional Stormwater Permit (MRP). FOG Regulations Part 2: Inspections and Corrective Actions
16.13.100 Authority to Require Corrective Actions 16.09.015 and 16.09.240-270 Updated language clarifies legal authority of the City to require corrective action. FOG Regulations Part 2: Inspections and Corrective Actions
16.13.110 Fees and Charges Not in current code specifically related to FOG.
New language to clarify that City may adopt reasonable fees and charges for reimbursement. N/A
16.13.120 Prohibited Discharges 16.09.050 and 16.09.075 (b) and (h)
Updated language for clarification and to better align with City practices. FOG Regulations Part 3: Discharges, Devices, and Connections
16.13.130 Prohibited Devices, Equipment, and Connections 16.09.075 (b) and (e) Updated language for clarification and to better align with City practices. FOG Regulations Part 3: Discharges, Devices, and Connections
16.13.140 Requirements for Installing or Replacing Existing Grease Control Devices 16.09.075 (m) Major changes, references the City's Regulation for Food Facilities, where Grease Control Device requirements are specified. FOG Regulations Part 4: Installation and Replacement of Grease Control Devices
16.13.150 Grease Control Device Maintenance Requirements 16.09.075 (f), (g), and (n) Updated language, references the City's Regulation for Food Facilities, where Grease Control Device requirements are specified. FOG Regulations Part 5: Maintenance of Grease Control Devices
16.13.160 Requirements for Installing or Replacing Existing Rooftop Grease Containment Systems Not in current code. New language, references the City's Regulation for Food Facilities, where Rooftop Grease Containment system requirements are specified.
FOG Regulations Part 6: Requirements for Installing or Replacing Rooftop Grease Containment Systems
16.13.170 Waste Oil Storage and Management Requirements for Food Facility Development Projects 16.09.075 (o) and (q) Updated language referencing the City's Regulation for Food Facilities, where Waste Oil Storage and Management requirements are specified.
FOG Regulations Part 8: Waste Oil Storage and Management Requirements for Food Facilities
16.13.180
Waste Oil Storage and Management Requirements
for Existing Food Facilities 16.09.075 (o) Updated language referencing the City's Regulation for Food Facilities, where Waste Oil Storage and Management requirements are specified.
FOG Regulations Part 8: Waste Oil Storage and Management Requirements for Food Facilities
16.13.190
Requirements for Fats, Oils, and Grease Spill
Response Activities Conducted at and Associated
with Food Facilities
16.09.075 (k), (o), and (p)
Updated language referencing the City's Regulation for Food Facilities, whereRequirements for Fats, Oils, and Grease Spill Response Activities Conducted at and Associated with Food Facilities requirements are specified.
FOG Regulations Part 9: Requirements for Spill Response Activities Conducted at and Associated with Food Facilities.
16.13.200 Best Management Practices for Existing Facilities 16.09.075 (k) and (l) Updated language referencing the City's Regulation for Food Facilities, where Food Facility Best Management Practices are specified. FOG Regulations Part 10: Best Management Practices (BMPs) for Existing Food Facilities 1) Moved and revised fats, oils, and grease (FOG) requirements for food establishments from 16.09.075 to new Chapter 16.13. 2) Incorporated changes required by the California Regional Water Quality Control Board San Francisco Bay Region, Municipal Regional Stormwater (MRP) NPDES Permit Order No. R2-2022-0018, NPDES Permit No. CAS612008 (May 11, 2022). 3) Developed regulations to serve as a reference document to clarify ordinance requirements. 4) Align FOG requirements with City practices.
PROPOSED PAMC NEW CHAPTER 16.13 - Requirements for Food Facilities Related to Water Pollution Prevention and Management of Fats, Oils, and Grease (FOG) 1 of 2
Proposed
Ordinance
Section
Proposed Ordinance Section Title Existing Code Section(s) Proposed Ordinance Revision(s) FOG Regulations Reference (if applicable)
16.13.210 Mobile Food Facilities Not in current code. New language referencing the City's Regulation for Food Facilities, where Food Facility Best Management Practices are specified. FOG Regulations Part 12: Mobile Food Facilities
16.14.220 Food Facility Closure or Change of Ownership 16.09.075 (n)(1)(H) Updated language that details requirements for cleaning and/or abandoning Grease Control Device. Also references further discussion in the City's Regulation for Food Facilities. FOG Regulations Part 13: Food Facility Closure or Change of Ownership 2 of 2
Objectives:
Proposed
Ordinance
Section
Proposed Ordinance Section Title(s) Existing Ordinance
Section(s) Proposed Ordinance Revision(s)
16.66.010 Purpose 16.09.005 Updated language to describe purpose of this new Chapter.
16.66.020 Definitions 16.09.010 Added new definitions for clarification.
16.66.030 Responsibility of the Director 16.09.015 Updated language to be consistent with proposed SUO. Replaced superintendent with director. Replaced designee of RWQCP manager with designee of director of public works.
16.66.040 Discharge of Hauled Liquid Waste 16.09.070(a) Expanded language clarifies the waste types allowed for discharge at the RWQCP receiving station. Removes prohibition on combining loads of different waste types, which was previously codified at 16.09.070(d). Meets suggested requirements from 2007 EPA Pretreatment Model Ordinance.
16.66.050 Hauled Liquid Waste Discharge Permit
Required 16.09.070(a)
Expanded language pertaining to the director’s authority to decline to issue/reissue a hauled liquid waste discharge permit; conditions of permit transferability; and conditional privilege established by issuance of a hauled liquid waste discharge permit.
16.66.060 Hauled Liquid Waste Discharge Permit
Application Procedure
Not in existing ordinance New language to better align with current City practices and SUO.
16.66.070 Approved Vehicles 16.09.070(a) New language clarifying that entry shall be granted only to vehicles possessing a valid permit issued by the Santa Clara County Department of Environmental Health in addition to valid hauled liquid waste discharge permit.
16.66.080 Waste Monitoring 16.09.070(d)
Expanded language consistent with proposed SUO. Grants City the authority to inspect, surveil, and sample loads from waste haulers to verify compliance. Grants the director authority to require a waste analysis for any load prior to discharge. Meets suggested requirements from 2007 EPA Pretreatment Model Ordinance.
16.66.090 Reporting Requirements for Waste Haulers 16.09.070(d) Expanded language establishes the director’s authority to require waste haulers to submit reports and other information to document compliance with the provisions of this Chapter. Establishes director’s authority to establish and require use of an electronic document submittal program consistent with proposed SUO. Meets suggested requirements from 2007 EPA Pretreatment Model Ordinance.
16.66.100 Retention of Records 16.09.070(d) Updated language to be consistent with proposed SUO and federal pretreatment recordkeeping requirements.
16.66.110 Insurance Not in existing ordinance New language to be consistent with current City practices.
16.66.120 Hauled Liquid Waste Discharge Permit
Modification Not in existing ordinance
New language to be consistent with current City practices and proposed SUO. Specifies conditions under which director may modify a permit, including but not limited to, new regulatory requirements; changes at the POTW; violations; and information indicating the permitted discharge poses a threat to POTW, City personnel, or receiving water.
16.66.130 Hauled Liquid Waste Discharge Permit
Suspension or Revocation Not in existing ordinance
New language to be consistent with current City practices and SUO. Specifies conditions under which director may suspend a permit, including but not limited to, failure to complete an application, misrepresentation or failure to fully disclose relevant facts, falsifying reports, tampering of monitoring equipment, and disposal of waste originating outside of RWQCP service area. 1) Remove hauled liquid waste requirements from the City 's Sewer Use Ordinance (SUO) contained in Chapter 16.09 of the Palo Alto Municipal Code (PAMC), and house those requirements in a new Hauled Liquid Waste Ordinance contained in PAMC 16.66.
2) Clarify and codify waste hauler requirements to better protect the City and the Palo Alto Regional Water Quality Control Plant, better align with SUO requirements, and 2007 EPA Pretreatment Model Ordinance.
PAMC PROPOSED NEW CHAPTER 16.66 - HAULED LIQUID WASTE ORDINANCE 1 of 2
Proposed
Ordinance
Section
Proposed Ordinance Section Title(s) Existing Ordinance
Section(s) Proposed Ordinance Revision(s)
16.66.140 Hauled Liquid Waste Discharge Permit Denial,
Suspension, or Revocation Hearing Not in existing ordinance New language to be consistent with proposed SUO. Specifies conditions under which an applicant or permit holder may request a hearing before the city manager or their designee.
16.66.150 Personnel Orientation Not in existing ordinance New language to be consistent with current City practices and proposed SUO.
16.66.160 Enforcement and Penalties 16.09.240-16.09.270 Updated language that is consistent with proposed SUO.
16.66.170 Charges and Fees Not in existing ordinance Updated language that is consistent with current City practices and conditions for City to seek reimbursement to cover program costs.
16.66.180 Closure of Receiving Station Not in existing ordinance New section that establishes director’s authority to halt discharge of hauled liquid waste at the receiving station as deemed necessary for good cause.
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